A03007 Summary:

BILL NO    A03007D

SAME AS    SAME AS UNI. S02607-D

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

to permitting a single arbitrator process; amends the workers' compensation
law, in relation to the collection of assessments for annual expenses and the
investment of surplus or reserve; relates to the representation of funds, in
relation to closing the fund for reopened cases; relates to administration
expenses for the state insurance fund; relates to requiring self-insured
municipal groups and county treasurers to provide certain financial information
to the workers' compensation board; amends the workers' compensation law and
the public authorities law, in relation to authorizing the workers'
compensation board and the dormitory authority to enter into a self-insured
bond financing agreement; amends the volunteer firefighters' benefit law and
the volunteer ambulance workers' benefit law, in relation to the payment of
benefits and to the assessment of expenses; amends the public officers law, in
relation to indemnification of state officers and employees; repeals certain
provisions of the workers' compensation law, the volunteer firefighters'
benefit law and the volunteer ambulance workers' benefit law relating to
assessments for expenses, and relating to the location of the workers'
compensation board (Part GG); provides for the administration of certain funds
and accounts related to the 2013-14 budget; authorizes certain payments and
transfers; amends chapter 59 of the laws of 2012, relating to providing for
administration of certain funds and accounts related to the 2013-2014 budget,
in relation to the effectiveness thereof; amends the state finance law, in
relation to school tax relief fund; amends chapter 60 of the laws of 2011,
amending the state finance law relating to disbursements from the tribal-state
compact revenue account to certain municipalities, in relation to the
availability of moneys; amends the New York state medical care facilities
finance agency act, in relation to the deposit of certain funds; amends the
state finance law, in relation to the issuance of revenue bonds; amends the
public authorities law, in relation to the number of directors required for
approval of a resolution authorizing the issuance of bonds or notes; amends the
New York state urban development corporation act, in relation to funding
project costs for certain capital projects; amends chapter 61 of the laws of
2005, relating to providing for the administration of certain funds and
accounts related to the 2005-2006 budget, in relation to the Division of
Military and Naval Affairs Capital Projects; amends chapter 389 of the laws of
1997, relating to the financing of the correctional facilities improvement fund
and the youth facility improvement fund, in relation to the issuance of bonds;
amends the private housing finance law, in relation to housing program bonds
and notes; amends chapter 329 of the laws of 1991, amending the state fiance
law and other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of bonds; amends the public
authorities law, in relation to courthouse improvements and training
facilities, metropolitan transportation authority facilities, peace bridge
projects and issuance of bonds by the dormitory authority; amends chapter 61 of
the laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, in relation to issuance of bonds by
the urban development corporation; amends the New York state urban development
corporation act, in relation to projects for retention of professional football
in western New York; amends the public authorities law, in relation to the
cleaner, greener communities program; amends the state finance law, in relation
to establishing the sales tax revenue bond tax fund and providing for the
deposit of revenues therefrom, establishing the sales tax revenue bond
financing program; amends the tax law, in relation to deposit and disposition
of revenue; amends the state finance law, in relation to establishing the New
York state storm recovery capital fund; amends the New York state urban
development corporation act, in relation to authorizing the urban development
corporation to issue bonds to fund project costs for the implementation of a
NY-CUNY challenge grant program; amends chapter 260 of the laws of 2011
amending the education law and the New York state urban development corporation
act relating to establishing components of the NY-SUNY 2020 challenge grant
program, in relation to the effectiveness thereof; amends the public
authorities law, in relation to dormitories at certain educational institutions
other than state operated institutions and statutory or contract colleges under
the jurisdiction of the state university of New York; amends chapter 81 of the
laws of 2002, providing for the administration of certain funds and accounts
related to the 2002-2003 budget, in relation to increasing the aggregate amount
of bonds to be issued by the New York state urban development corporation;
amends the public authorities law, in relation to financing of New York works
transportation capital projects; provides for the repeal of certain provisions
upon expiration thereof (Part HH).
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A03007 Actions:

BILL NO    A03007D

01/22/2013 referred to ways and means
02/13/2013 amend and recommit to ways and means
02/13/2013 print number 3007a
02/22/2013 amend (t) and recommit to ways and means
02/22/2013 print number 3007b
03/08/2013 amend (t) and recommit to ways and means
03/08/2013 print number 3007c
03/24/2013 amend (t) and recommit to ways and means
03/24/2013 print number 3007d
03/28/2013 reported referred to rules
03/28/2013 reported 
03/28/2013 rules report cal.46
03/28/2013 substituted by s2607d
           S02607  AMEND=D  BUDGET
           01/22/2013 REFERRED TO FINANCE
           02/13/2013 AMEND AND RECOMMIT TO FINANCE
           02/13/2013 PRINT NUMBER 2607A
           02/22/2013 AMEND (T) AND RECOMMIT TO FINANCE
           02/22/2013 PRINT NUMBER 2607B
           03/11/2013 AMEND (T) AND RECOMMIT TO FINANCE
           03/11/2013 PRINT NUMBER 2607C
           03/24/2013 AMEND (T) AND RECOMMIT TO FINANCE
           03/24/2013 PRINT NUMBER 2607D
           03/26/2013 ORDERED TO THIRD READING CAL.277
           03/27/2013 PASSED SENATE
           03/27/2013 DELIVERED TO ASSEMBLY
           03/27/2013 referred to ways and means
           03/28/2013 substituted for a3007d
           03/28/2013 ordered to third reading rules cal.46
           03/28/2013 motion to amend lost
           03/28/2013 motion to amend lost
           03/28/2013 passed assembly
           03/28/2013 returned to senate
           03/29/2013 DELIVERED TO GOVERNOR
           03/29/2013 SIGNED CHAP.57
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A03007 Votes:

There are no votes for this bill in this legislative session.
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A03007 Memo:

Memo not available
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A03007 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 2607--D                                            A. 3007--D

                             S E N A T E - A S S E M B L Y

                                   January 22, 2013
                                      ___________

       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  --  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 -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee

       AN ACT in relation to school district eligibility  for  an  increase  in
         apportionment  of  school  aid  and  implementation  of  standards for
         conducting annual professional performance reviews to determine teach-
         er and  principal  effectiveness;  to  amend  the  education  law,  in
         relation   to  contracts  for  excellence,  school  census  in  school
         districts, New York state school safety  improvement  teams,  account-
         ability  of school districts, the financing of charter schools, annual
         professional performance review plans, apportionment  of  school  aid,
         calculation  of  the gap elimination restoration amount, establishment
         of a community schools  and  extended  learning  time  grant  program,
         duties  of  school  districts and the costs of certain tuition mainte-
         nance and transportation; to  amend  the  general  municipal  law,  in
         relation  to  the  employee benefit accrued liability reserve fund; to
         amend the education law, in relation to transportation after 4 pm;  to
         amend  chapter  121  of  the  laws of 1996 relating to authorizing the
         Roosevelt union free school district to finance deficits by the  issu-
         ance  of serial bonds, in relation to extending certain provisions; to

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12572-09-3
       S. 2607--D                          2                         A. 3007--D

         amend chapter 756 of the laws of 1992 relating to  funding  a  program
         for work force education conducted by the consortium for worker educa-
         tion in New York city, in relation to apportionment and reimbursement;
         and  in relation to extending the expiration of certain provisions; to
         amend chapter 169 of the laws of 1994 relating to  certain  provisions
         related  to  the  1994-95 state operations, aid to localities, capital
         projects and debt service budgets; to amend chapter 82 of the laws  of
         1995,  amending  the  education law and certain other laws relating to
         state aid to school districts and the appropriation of funds  for  the
         support of government; to amend chapter 147 of the laws of 2001 amend-
         ing  the  education  law relating to conditional appointment of school
         district, charter school or BOCES employees; to amend chapter  425  of
         the  laws of 2002 amending the education law relating to the provision
         of supplemental educational services,  attendance  at  a  safe  public
         school  and the suspension of pupils who bring a firearm to or possess
         a firearm at a school, to amend chapter 101 of the laws of 2003 amend-
         ing the education law relating to implementation of the No Child  Left
         Behind Act of 2001, in relation to extending the expiration of certain
         provisions  of such chapters; to amend chapter 472 of the laws of 1998
         amending the education law relating to the lease of  school  buses  by
         school  districts,  in  relation  to  extending the provisions of such
         chapter; in relation to school bus driver training; in relation to the
         support of public libraries;  to  provide  special  apportionment  for
         salary  expenses;  to provide special apportionment for public pension
         expenses; in relation to suballocation of certain education department
         accruals; in relation to purchases by  the  city  school  district  of
         Rochester;  to  repeal subdivision 17 of section 1950 of the education
         law relating thereto; and to repeal section 3627 of the education  law
         relating  to transportation after 5 pm and providing for the repeal of
         certain provisions upon expiration thereof  (Part  A);  to  amend  the
         education  law  and  the  public  authorities  law, in relation to the
         acquisition,  design,  construction,  reconstruction,  rehabilitation,
         improvement  and  financing  of  dormitory  facilities  for  the state
         university of New York (Part B); to amend chapter 57 of  the  laws  of
         2005  amending  the  labor  law  and other laws implementing the state
         fiscal plan for the 2005-2006 state fiscal year, relating to  the  New
         York  state  higher education capital matching grant program for inde-
         pendent colleges, in relation to the New York state  higher  education
         matching  grant program for independent colleges and the effectiveness
         thereof (Part C); to amend the education law, in  relation  to  estab-
         lishing  the  Next  Generation NY Job Linkage Program Act (Part D); to
         amend the social services law, in relation to increasing the standards
         of monthly need for aged, blind and disabled  persons  living  in  the
         community (Part E); intentionally omitted (Part F); to amend the exec-
         utive  law  and  the social services law, in relation to consolidating
         the youth development  and  delinquency  prevention  program  and  the
         special   delinquency   prevention  program;  and  to  repeal  certain
         provisions of the executive law relating thereto;  and  providing  for
         the repeal of such provisions upon expiration thereof (Part G); inten-
         tionally  omitted  (Part  H); intentionally omitted (Part I); to amend
         the real property tax law, in relation to providing for the  registra-
         tion  of  recipients  of STAR exemptions, and eliminating waste, fraud
         and abuse in the STAR program and relating to the powers of the  state
         board  of  real  property tax services (Part J); intentionally omitted
         (Part K); intentionally omitted (Part L); to utilize reserves  in  the
         project  pool  insurance  account  of  the mortgage insurance fund for
       S. 2607--D                          3                         A. 3007--D

         various housing purposes (Part M); to amend the labor law, in relation
         to the powers of the commissioner of labor and to  repeal  subdivision
         17  of  section  100  of  the economic development law relating to the
         operation  of  the state data center (Part N); to amend the labor law,
         in relation to increasing unemployment insurance benefits and contrib-
         utions, to  entitlement  and  eligibility  criteria,  to  work  search
         requirements, to relieving employers of charges for separations caused
         by  misconduct  and voluntarily leaving employment without good cause,
         to reduction of benefits based  on  pensions  and  dismissal  pay,  to
         enhanced  penalties, in relation to fraudulently obtained benefits and
         new penalties for employers who cause overpayments by failing to time-
         ly and accurately respond to information about  claims,  to  approving
         employer  shared  work  benefit  plans, and to the interest assessment
         surcharge; and to amend chapter 62 of the laws of 2003,  amending  the
         state finance law and other laws relating to authorizing and directing
         the  state comptroller to loan money to certain funds and accounts, in
         relation to the effectiveness thereof; to repeal certain provisions of
         the labor law relating  thereto;  and  providing  for  the  repeal  of
         certain  provisions  upon  expiration  thereof  (Part O); to amend the
         labor law, in relation  to  the  minimum  wage  and  making  technical
         corrections relating thereto (Part P); intentionally omitted (Part Q);
         to  amend  the  racing,  pari-mutuel  wagering  and  breeding  law, in
         relation to labor peace agreements (Part R); to  amend  the  education
         law,  in relation to dental health certificates for students (Part S);
         to amend the education law, in relation to the performance of  medical
         services (Part T); to amend the education law, in relation to creating
         the  graduation,  achievement and placement program (Part U); to amend
         the education law, in relation to charges  for  non-resident  students
         (Part  V);  to amend the tax law, the state finance law and the execu-
         tive law, in relation to gifts for honor and remembrance of  veterans,
         the establishment of the veterans remembrance and cemetery maintenance
         and  operation fund, and to repeal certain provisions of the executive
         law relating thereto (Part W); to amend the  public  service  law,  in
         relation  to strengthening the oversight and enforcement mechanisms of
         the Public Service Commission; to amend the general business  law,  in
         relation to increasing fines for violations relating to the protection
         of  underground  facilities (Part X); in relation to the repowering of
         existing power generation facilities (Part Y); to amend the labor law,
         in relation to the self-employment assistance program;  and  to  amend
         chapter 413 of the laws of 2003 amending the labor law relating to the
         self-employment  assistance  program and other matters, in relation to
         the effectiveness thereof (Part Z); to amend chapter 420 of  the  laws
         of  2002  amending  the  education  law  relating to the profession of
         social work; chapter 676 of the laws of 2002  amending  the  education
         law relating to the practice of psychology; chapter 130 of the laws of
         2010  amending the education law and other laws relating to the regis-
         tration of entities providing certain professional  services  and  the
         licensure  of  certain  professions, in relation to reporting require-
         ments and expiration  dates;  and  to  amend  the  education  law,  in
         relation  to  licensure of social workers and mental health counselors
         (Part AA); to  amend  the  retirement  and  social  security  law,  in
         relation  to  stable  pensions;  and  to  amend  the education law, in
         relation to a stable contribution option for participating educational
         employers (Part  BB);  in  relation  to  contracts  for  services  and
         expenses of pay for success initiatives to improve program outcomes in
         the  program areas of health care, early childhood development, child-
       S. 2607--D                          4                         A. 3007--D

         hood welfare and public safety (Part CC); to amend the private housing
         finance law, in relation to establishing the rural and urban community
         investment fund program (Part DD); to amend the state finance law,  in
         relation  to increasing state assistance to eligible cities and eligi-
         ble municipalities in which a video lottery gaming facility is located
         (Part EE); to amend the penal law, in  relation  to  making  technical
         changes  to  such  law relating to licensing of firearms; and to amend
         chapter 1 of the laws of 2013 amending the criminal procedure law  and
         other laws relating to suspension and revocation of firearms licenses,
         in relation to the effectiveness thereof (Part FF); to amend the work-
         ers'  compensation law, in relation to changing the composition of the
         board's practice committees and  to  permitting  a  single  arbitrator
         process;  to  amend  the workers' compensation law, in relation to the
         collection of assessments for annual expenses and  the  investment  of
         surplus  or  reserve;  in  relation to the representation of funds; in
         relation to closing the fund for reopened cases; in relation to admin-
         istration expenses for  the  state  insurance  fund;  in  relation  to
         requiring  self-insured  municipal  groups  and  county  treasurers to
         provide certain financial information  to  the  workers'  compensation
         board;  to amend the workers' compensation law and the public authori-
         ties law, in relation to authorizing the workers'  compensation  board
         and  the dormitory authority to enter into a self-insured bond financ-
         ing agreement; to amend the volunteer firefighters'  benefit  law  and
         the  volunteer  ambulance  workers'  benefit  law,  in relation to the
         payment of benefits and to the assessment of expenses;  to  amend  the
         public  officers law, in relation to indemnification of state officers
         and employees;  and  repealing  certain  provisions  of  the  workers'
         compensation  law,  the  volunteer  firefighters'  benefit law and the
         volunteer ambulance workers' benefit law relating to  assessments  for
         expenses,  and  relating  to the location of the workers' compensation
         board (Part GG); and to provide  for  the  administration  of  certain
         funds  and accounts related to the 2013-14 budget; authorizing certain
         payments and transfers; to amend chapter  59  of  the  laws  of  2012,
         relating to providing for administration of certain funds and accounts
         related  to  the  2013-2014  budget,  in relation to the effectiveness
         thereof; to amend the state finance law, in  relation  to  school  tax
         relief  fund;  to  amend  chapter 60 of the laws of 2011, amending the
         state finance law relating  to  disbursements  from  the  tribal-state
         compact  revenue account to certain municipalities, in relation to the
         availability of moneys; to amend  the  New  York  state  medical  care
         facilities  finance  agency act, in relation to the deposit of certain
         funds; to amend the state finance law, in relation to the issuance  of
         revenue bonds; to amend the public authorities law, in relation to the
         number  of directors required for approval of a resolution authorizing
         the issuance of bonds or notes; to amend  the  New  York  state  urban
         development  corporation act, in relation to funding project costs for
         certain capital projects; to amend chapter 61 of  the  laws  of  2005,
         relating  to  providing  for  the  administration of certain funds and
         accounts related to the 2005-2006 budget, in relation to the  Division
         of  Military  and Naval Affairs Capital Projects; to amend chapter 389
         of the laws of 1997, relating to the  financing  of  the  correctional
         facilities  improvement  fund and the youth facility improvement fund,
         in relation to the issuance of bonds; to  amend  the  private  housing
         finance  law, in relation to housing program bonds and notes; to amend
         chapter 329 of the laws of 1991, amending the state  finance  law  and
         other  laws relating to the establishment of the dedicated highway and
       S. 2607--D                          5                         A. 3007--D

         bridge trust fund, in relation to the issuance of bonds; to amend  the
         public  authorities  law,  in  relation to courthouse improvements and
         training facilities, metropolitan transportation authority facilities,
         peace  bridge projects and issuance of bonds by the dormitory authori-
         ty; to amend chapter 61 of the laws of 2005, providing for the  admin-
         istration of certain funds and accounts related to the 2005-2006 budg-
         et,  in  relation  to  issuance  of  bonds  by  the  urban development
         corporation; to amend the New York state urban development corporation
         act, in relation to projects for retention of professional football in
         western New York; to amend the public authorities law, in relation  to
         the  cleaner,  greener communities program; to amend the state finance
         law, in relation to establishing the sales tax revenue bond  tax  fund
         and  providing for the deposit of revenues therefrom, establishing the
         sales tax revenue bond financing program; to amend  the  tax  law,  in
         relation  to  deposit  and  disposition of revenue; to amend the state
         finance law, in relation to establishing  the  New  York  state  storm
         recovery  capital  fund; to amend the New York state urban development
         corporation act, in relation  to  authorizing  the  urban  development
         corporation  to  issue bonds to fund project costs for the implementa-
         tion of a NY-CUNY challenge grant program; to amend chapter 260 of the
         laws of 2011 amending the education law and the New York  state  urban
         development corporation act relating to establishing components of the
         NY-SUNY 2020 challenge grant program, in relation to the effectiveness
         thereof;  to amend the public authorities law, in relation to dormito-
         ries at certain educational institutions  other  than  state  operated
         institutions and statutory or contract colleges under the jurisdiction
         of  the  state university of New York; to amend chapter 81 of the laws
         of 2002,  providing  for  the  administration  of  certain  funds  and
         accounts  related  to  the 2002-2003 budget, in relation to increasing
         the aggregate amount of bonds to be issued by the New York state urban
         development corporation; to  amend  the  public  authorities  law,  in
         relation  to  financing  of  New  York  works  transportation  capital
         projects; and providing for the  repeal  of  certain  provisions  upon
         expiration thereof (Part HH)

         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 2013-2014
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through HH. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.

   12                                   PART A

   13    Section 1.  1. As used in this section:
   14    a.  "base  year" shall mean the base year as defined in paragraph b of
   15  subdivision 1 of section 3602 of the education law; and
       S. 2607--D                          6                         A. 3007--D

    1    b. "current year" shall mean the current year as defined in  paragraph
    2  a of subdivision 1 of section 3602 of the education law.
    3    2.  Notwithstanding  any  inconsistent  provision  of  law,  no school
    4  district shall be eligible for an apportionment of general  support  for
    5  public  schools  from the funds appropriated for the 2013-14 school year
    6  and thereafter in excess  of  the  amount  apportioned  to  such  school
    7  district  in  the  base  year  unless such school district has submitted
    8  documentation that has been approved by the commissioner of education by
    9  September 1 of the current year, demonstrating that it has fully  imple-
   10  mented  the  standards and procedures for conducting annual professional
   11  performance reviews of classroom teachers  and  building  principals  in
   12  accordance  with the requirements of section 3012-c of the education law
   13  and the commissioner of  education's  regulations.    Any  apportionment
   14  withheld  pursuant  to  this section shall not occur prior to April 1 of
   15  the current year and shall not have any effect on the base  year  calcu-
   16  lation for use in the subsequent school year.
   17    3.  If any payments of ineligible amounts pursuant to subdivision 2 of
   18  this section were made,  and  the  school  district  has  not  submitted
   19  documentation that has been approved by the commissioner of education by
   20  September  1  of the current school year demonstrating that it has fully
   21  implemented the standards and procedures for conducting  annual  profes-
   22  sional performance reviews of classroom teachers and building principals
   23  in  accordance  with the requirements of section 3012-c of the education
   24  law and the regulations of the  commissioner  of  education,  the  total
   25  amount  of such payments shall be deducted by the commissioner of educa-
   26  tion from future payments to the school district; provided further that,
   27  if the amount of the deduction is greater than the sum  of  the  amounts
   28  available for such deductions in the applicable school year, the remain-
   29  der  of  the  deduction  shall be withheld from payments scheduled to be
   30  made to the school district pursuant to section 3609-a of the  education
   31  law for the subsequent school year.
   32    S  2.  Paragraph  e of subdivision 1 of section 211-d of the education
   33  law, as amended by section 2 of part A of chapter  57  of  the  laws  of
   34  2012, is amended to read as follows:
   35    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
   36  district that submitted a contract for excellence for the  two  thousand
   37  eight--two  thousand nine school year shall submit a contract for excel-
   38  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
   39  conformity  with the requirements of subparagraph (vi) of paragraph a of
   40  subdivision two of this section unless all schools in the  district  are
   41  identified  as  in  good  standing  and  provided further that, a school
   42  district that submitted a contract for excellence for the  two  thousand
   43  nine--two  thousand  ten school year, unless all schools in the district
   44  are identified as in good standing, shall submit a contract  for  excel-
   45  lence for the two thousand eleven--two thousand twelve school year which
   46  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
   47  graph a of subdivision two of this section, provide for the  expenditure
   48  of  an  amount  which  shall  be not less than the product of the amount
   49  approved by the commissioner in the contract for excellence for the  two
   50  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
   51  district's gap elimination adjustment percentage  and  provided  further
   52  that, a school district that submitted a contract for excellence for the
   53  two thousand eleven--two thousand twelve school year, unless all schools
   54  in  the  district  are  identified  as  in good standing, shall submit a
   55  contract for excellence for the two thousand twelve--two thousand  thir-
   56  teen  school  year  which  shall,  notwithstanding  the  requirements of
       S. 2607--D                          7                         A. 3007--D

    1  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    2  provide  for  the  expenditure of an amount which shall be not less than
    3  the amount approved by the commissioner in the contract  for  excellence
    4  for  the  two  thousand  eleven--two  thousand  twelve  school  year AND
    5  PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
    6  EXCELLENCE  FOR  THE  TWO  THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
    7  YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
    8  STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
    9  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
   10  THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
   11  OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
   12  NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
   13  FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
   14  YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
   15  percentage"  shall be calculated as the sum of one minus the quotient of
   16  the sum of the school district's net gap elimination adjustment for  two
   17  thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
   18  three of the laws of two thousand ten,  making  appropriations  for  the
   19  support  of  government,  plus  the  school  district's  gap elimination
   20  adjustment for two thousand  eleven--two  thousand  twelve  as  computed
   21  pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
   22  making appropriations for the support of the  local  assistance  budget,
   23  including support for general support for public schools, divided by the
   24  total aid for adjustment computed pursuant to chapter fifty-three of the
   25  laws of two thousand eleven, making appropriations for the local assist-
   26  ance  budget,  including support for general support for public schools.
   27  Provided, further, that such amount shall be  expended  to  support  and
   28  maintain  allowable programs and activities approved in the two thousand
   29  nine--two thousand ten school year or to support new or expanded  allow-
   30  able programs and activities in the current year.
   31    S  2-a.  Section  2215 of the education law is amended by adding a new
   32  subdivision 17 to read as follows:
   33    17.  TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF  THE  FACILITIES
   34  SPACE  AVAILABLE  TO  HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
   35  AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
   36  WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT  AND  TO  ENSURE  THE
   37  STABILITY  AND  CONTINUITY OF PROGRAM PLACEMENTS FOR STUDENTS WITH DISA-
   38  BILITIES,  INCLUDING  PROCEDURES  THAT  ENSURE  THAT  SPECIAL  EDUCATION
   39  PROGRAMS  AND  SERVICES  LOCATED  IN  APPROPRIATE FACILITIES WILL NOT BE
   40  RELOCATED WITHOUT ADEQUATE CONSIDERATION OF THE NEEDS  OF  PARTICIPATING
   41  STUDENTS WITH DISABILITIES.
   42    S  2-b.  Subdivision  17  of  section  1950  of  the  education law is
   43  REPEALED.
   44    S 3. Section 3242 of the education law, as amended  by  section  2  of
   45  subpart  F  of  part  C of chapter 97 of the laws of 2011, is amended to
   46  read as follows:
   47    S 3242. School census in school districts. The trustees  or  board  of
   48  education of every school district may cause a census to be taken of all
   49  children  between  birth  and  eighteen years of age, including all such
   50  facts and information as are required in  the  census  provided  for  in
   51  section thirty-two hundred forty-one of this [chapter] PART. Such census
   52  shall  be  prepared [annually] BIENNIALLY for children between ages five
   53  and eighteen who are entitled  to  attend  the  public  schools  without
   54  payment  of  tuition  in duplicate in their respective school districts,
   55  and one copy thereof filed with the teacher or principal and  the  other
   56  copy  filed  with  the  district  superintendent or superintendent on or
       S. 2607--D                          8                         A. 3007--D

    1  before the fifteenth day of October. For pre-school students from  birth
    2  to  five  years of age, such census may be prepared and filed biennially
    3  on or before the fifteenth day of October. Such census shall include the
    4  reports  and  information  required  from  cities as provided in section
    5  thirty-two hundred forty-one OF THIS PART.  All information regarding  a
    6  student  with  a  disability  under the age of twenty-one years shall be
    7  filed annually with the  superintendent  of  the  board  of  cooperative
    8  educational services of which said district may be a part.
    9    S  3-a.  Section 2801-b of the education law, as added by chapter 1 of
   10  the laws of 2013, is amended to read as follows:
   11    S 2801-b. New York state school safety improvement teams. The governor
   12  shall establish New York state school safety  improvement  teams,  which
   13  may be composed of representatives from the division of homeland securi-
   14  ty and emergency services, the division of state police, the division of
   15  criminal  justice  services,  and  the  department.  Such New York State
   16  School Safety Improvement Teams shall review and  assess  school  safety
   17  plans  submitted,  on  a  voluntary  basis, by school districts having a
   18  population of less than one hundred  twenty-five  thousand  inhabitants,
   19  boards of cooperative educational services, NONPUBLIC SCHOOLS, and coun-
   20  ty  vocational  education and extension boards, and may make recommenda-
   21  tions to improve such school safety plans.
   22    S 4. Subdivision 2 of section 2116-b of the education law, as added by
   23  chapter 263 of the laws of 2005, is amended to read as follows:
   24    2. School districts of less than eight teachers, school districts with
   25  actual general fund expenditures totaling less than five million dollars
   26  in the previous school year, or school districts with actual  enrollment
   27  of  less  than [three hundred] ONE THOUSAND FIVE HUNDRED students in the
   28  previous school year shall be exempt from this requirement.  Any  school
   29  district  claiming  such exemption shall annually certify to the commis-
   30  sioner that such school district meets the  requirements  set  forth  in
   31  this subdivision.
   32    S  5.  Paragraph (a) of subdivision 1 of section 2856 of the education
   33  law, as amended by section 21 of part A of chapter 58  of  the  laws  of
   34  2011, is amended to read as follows:
   35    (a)  The  enrollment  of  students  attending charter schools shall be
   36  included in the enrollment, attendance, membership and,  if  applicable,
   37  count  of students with disabilities of the school district in which the
   38  pupil resides. The charter school shall report  all  such  data  to  the
   39  school  districts  of residence in a timely manner. Each school district
   40  shall report such enrollment, attendance  and  count  of  students  with
   41  disabilities  to  the department. The school district of residence shall
   42  pay directly to the charter school for  each  student  enrolled  in  the
   43  charter  school  who  resides  in the school district the charter school
   44  basic tuition, which shall be:
   45    (i) for school years prior to the two thousand nine--two thousand  ten
   46  school year and for school years following the [two thousand twelve--two
   47  thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
   48  year, an amount equal to one hundred percent of  the  amount  calculated
   49  pursuant to paragraph f of subdivision one of section thirty-six hundred
   50  two  of  this  chapter for the school district for the year prior to the
   51  base year increased by the percentage change in the state total approved
   52  operating expense calculated pursuant to paragraph t of subdivision  one
   53  of  section  thirty-six hundred two of this chapter from two years prior
   54  to the base year to the base year;
   55    (ii) for the two thousand nine--two  thousand  ten  school  year,  the
   56  charter  school  basic  tuition  shall  be  the  amount  payable by such
       S. 2607--D                          9                         A. 3007--D

    1  district as charter school basic tuition for the two thousand eight--two
    2  thousand nine school year;
    3    (iii) for the two thousand ten--two thousand eleven through [two thou-
    4  sand  twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
    5  FOURTEEN school years, the charter school basic  tuition  shall  be  the
    6  basic  tuition  computed  for  the two thousand ten--two thousand eleven
    7  school year pursuant to the provisions of subparagraph (i) of this para-
    8  graph.
    9    S 6. Paragraph (a) of subdivision 1 of section 2856 of  the  education
   10  law,  as  amended  by  section 22 of part A of chapter 58 of the laws of
   11  2011, is amended to read as follows:
   12    (a) The enrollment of students  attending  charter  schools  shall  be
   13  included  in  the  enrollment,  attendance  and, if applicable, count of
   14  students with disabilities of the school district  in  which  the  pupil
   15  resides.  The  charter  school  shall report all such data to the school
   16  districts of residence in a timely manner. Each  school  district  shall
   17  report  such enrollment, attendance and count of students with disabili-
   18  ties to the department. The  school  district  of  residence  shall  pay
   19  directly  to the charter school for each student enrolled in the charter
   20  school who resides in the  school  district  the  charter  school  basic
   21  tuition which shall be:
   22    (i)  for school years prior to the two thousand nine--two thousand ten
   23  school year and for school years following the [two thousand twelve--two
   24  thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  school
   25  year,  an  amount  equal to one hundred percent of the amount calculated
   26  pursuant to paragraph f of subdivision one of section thirty-six hundred
   27  two of this chapter for the school district for the year  prior  to  the
   28  base year increased by the percentage change in the state total approved
   29  operating  expense calculated pursuant to paragraph t of subdivision one
   30  of section thirty-six hundred two of this chapter from two  years  prior
   31  to the base year to the base year;
   32    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
   33  charter school basic  tuition  shall  be  the  amount  payable  by  such
   34  district as charter school basic tuition for the two thousand eight--two
   35  thousand nine school year;
   36    (iii) for the two thousand ten--two thousand eleven through [two thou-
   37  sand  twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
   38  FOURTEEN school years, the charter school basic  tuition  shall  be  the
   39  basic  tuition  computed  for  the two thousand ten--two thousand eleven
   40  school year pursuant to the provisions of subparagraph (i) of this para-
   41  graph.
   42    S 7.  Subdivision 2 of section 3012-c of the education law is  amended
   43  by adding a new paragraph l to read as follows:
   44    L. IN THE EVENT A SCHOOL DISTRICT DOES NOT HAVE AN ANNUAL PROFESSIONAL
   45  PERFORMANCE  REVIEW PLAN APPROVED BY THE COMMISSIONER FOR THE APPLICABLE
   46  SCHOOL YEAR AS  OF  SEPTEMBER  FIRST  OF  THAT  YEAR,  THE  COLLECTIVELY
   47  BARGAINED  PLAN  MOST  RECENTLY  APPROVED  OR THE PLAN DETERMINED BY THE
   48  COMMISSIONER SHALL REMAIN IN EFFECT UNTIL A SUBSEQUENT PLAN IS AGREED TO
   49  BY THE PARTIES IN ACCORDANCE WITH THIS SECTION AND IS  APPROVED  BY  THE
   50  COMMISSIONER.
   51    S 7-a. Subdivision 2 of section 3012-c of the education law is amended
   52  by adding a new paragraph m to read as follows:
   53    M. (1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
   54  CONTRARY,  IF A SCHOOL DISTRICT THAT DID NOT HAVE AN ANNUAL PROFESSIONAL
   55  PERFORMANCE REVIEW PLAN APPROVED BY THE COMMISSIONER ON OR BEFORE  JANU-
   56  ARY  SEVENTEENTH, TWO THOUSAND THIRTEEN, DOES NOT HAVE AN ANNUAL PROFES-
       S. 2607--D                         10                         A. 3007--D

    1  SIONAL PERFORMANCE REVIEW PLAN APPROVED BY THE  COMMISSIONER  OR  DETER-
    2  MINED  PURSUANT TO THIS PARAGRAPH IN PLACE FOR THE FOLLOWING SCHOOL YEAR
    3  ON OR BEFORE THE WEDNESDAY   FOLLOWING THE FIRST  FRIDAY  IN  MAY,  SUCH
    4  SCHOOL DISTRICT AND THE COLLECTIVE BARGAINING REPRESENTATIVES REPRESENT-
    5  ING  CLASSROOM  TEACHERS  AND  BUILDING  PRINCIPALS SHALL SUBMIT WRITTEN
    6  EXPLANATIONS OF THEIR RESPECTIVE POSITIONS REGARDING SUCH ISSUES TO  THE
    7  COMMISSIONER BY SUCH DATE.
    8    (2)  IF  SUCH  A  SCHOOL DISTRICT DOES NOT HAVE AN ANNUAL PROFESSIONAL
    9  PERFORMANCE REVIEW PLAN  APPROVED  BY  THE  COMMISSIONER  OR  DETERMINED
   10  PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE THE WEDNESDAY PRECEDING
   11  THE  LAST  FRIDAY  IN MAY, THE COMMISSIONER SHALL CONDUCT AN ARBITRATION
   12  PROCEEDING AND SHALL HOLD NO MORE THAN TWO DAYS OF HEARINGS ON THE STAN-
   13  DARDS AND PROCEDURES  NECESSARY  TO  IMPLEMENT  AN  ANNUAL  PROFESSIONAL
   14  PERFORMANCE  REVIEW  PLAN  PURSUANT  TO THIS SECTION. THE PARTIES MAY BE
   15  HEARD EITHER IN PERSON, BY COUNSEL, OR BY SUCH REPRESENTATIVES  AS  THEY
   16  MAY DESIGNATE. THE PARTIES MAY PRESENT, ORALLY OR IN WRITING, STATEMENTS
   17  OF  FACT,  SUPPORTING  WITNESSES  AND OTHER EVIDENCE, AND ARGUMENTS. THE
   18  COMMISSIONER MAY REQUIRE THE PRODUCTION OF SUCH ADDITIONAL EVIDENCE FROM
   19  THE PARTIES AND SHALL PROVIDE, AT THE REQUEST OF EITHER  PARTY,  THAT  A
   20  FULL  AND COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS, THE COST OF SUCH
   21  RECORD TO BE SHARED EQUALLY BY THE PARTIES.
   22    (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
   23  THE  CONTRARY, AFTER SUCH HEARING, THE COMMISSIONER SHALL RENDER A FINAL
   24  AND BINDING WRITTEN DETERMINATION ON OR BEFORE JUNE  FIRST,  PRESCRIBING
   25  SUCH  STANDARDS  AND PROCEDURES NECESSARY TO IMPLEMENT AN ANNUAL PROFES-
   26  SIONAL PERFORMANCE REVIEW PLAN PURSUANT TO THIS  SECTION  EFFECTIVE  FOR
   27  THE FOLLOWING SCHOOL YEAR FOR A TERM TO BE DETERMINED BY THE COMMISSION-
   28  ER.  SUCH  DETERMINATION  SHALL  BE  LIMITED TO THE REQUIREMENTS OF THIS
   29  SECTION AND CONSISTENT WITH PLANS APPROVED BY THE COMMISSIONER  PURSUANT
   30  TO  PARAGRAPH  K OF THIS SUBDIVISION.  THE COMMISSIONER SHALL SPECIFY IN
   31  HIS OR HER DETERMINATION THE BASIS FOR HIS OR HER FINDINGS, TAKING  INTO
   32  CONSIDERATION  ALL  RELEVANT  FACTORS,  INCLUDING  THE  BEST INTEREST OF
   33  STUDENTS.  SUCH  DETERMINATION  SHALL  BE  DEEMED  TO   CONSTITUTE   THE
   34  SUBMISSION  BY  SUCH SCHOOL DISTRICT OF DOCUMENTATION DEMONSTRATING THAT
   35  IT HAS FULLY IMPLEMENTED THE STANDARDS  AND  PROCEDURES  FOR  CONDUCTING
   36  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF CLASSROOM TEACHERS AND BUILD-
   37  ING  PRINCIPALS  IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND
   38  FINAL APPROVAL OF SUCH SCHOOL DISTRICT'S ANNUAL PROFESSIONAL PERFORMANCE
   39  REVIEW PLAN IN ACCORDANCE WITH PARAGRAPH K OF THIS SUBDIVISION.
   40    (4) NO LATER THAN TEN DAYS AFTER RECEIPT OF THE COMMISSIONER'S  DETER-
   41  MINATION,  THE  PARTIES  MAY  MAKE  AN APPLICATION TO THE NEW YORK STATE
   42  SUPREME COURT TO VACATE OR MODIFY THE DETERMINATION OF THE  COMMISSIONER
   43  PURSUANT  TO  SECTION  SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE
   44  LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO  THE  GROUNDS  SET
   45  FORTH  IN SUCH SECTION. THE COMMISSIONER'S DETERMINATION SHALL BE DEEMED
   46  TO BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. IN  NO  CASE  SHALL  THE
   47  FILING  OR  THE  PENDENCY  OF  AN APPEAL DELAY THE IMPLEMENTATION OF THE
   48  COMMISSIONER'S DETERMINATION.
   49    (5) NOTHING IN THIS PARAGRAPH SHALL RESTRICT THE ABILITY OF  A  SCHOOL
   50  DISTRICT  SUBJECT  TO ARBITRATION PURSUANT TO THIS PARAGRAPH AND COLLEC-
   51  TIVE BARGAINING  REPRESENTATIVES  REPRESENTING  CLASSROOM  TEACHERS  AND
   52  BUILDING PRINCIPALS IN SUCH DISTRICT FROM ENTERING INTO A NEW OR AMENDED
   53  AGREEMENT  TO  IMPLEMENT  AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN
   54  PURSUANT TO THIS SECTION. ANY NEW OR AMENDED AGREEMENT MUST BE SUBMITTED
   55  TO THE COMMISSIONER PURSUANT TO PARAGRAPH K OF THIS SUBDIVISION FOR  HIS
   56  OR  HER  APPROVAL  AND SHALL BE APPROVED PROVIDED THAT SUCH TERMS OF THE
       S. 2607--D                         11                         A. 3007--D

    1  AGREEMENT ARE CONSISTENT WITH THIS SECTION AND THE  REGULATIONS  OF  THE
    2  COMMISSIONER.
    3    S  8.  The closing paragraph of subdivision 5-a of section 3602 of the
    4  education law, as amended by section 27 of part A of chapter 58  of  the
    5  laws of 2011, is amended to read as follows:
    6    For the two thousand eight--two thousand nine school year, each school
    7  district  shall  be entitled to an apportionment equal to the product of
    8  fifteen percent and the additional apportionment  computed  pursuant  to
    9  this  subdivision  for the two thousand seven--two thousand eight school
   10  year. For the two thousand nine--two thousand ten through  two  thousand
   11  [twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
   12  school district shall be entitled  to  an  apportionment  equal  to  the
   13  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
   14  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
   15  computer  listing  produced by the commissioner in support of the budget
   16  for the two thousand nine--two thousand ten  school  year  and  entitled
   17  "SA0910".
   18    S  8-a.  The opening paragraph and paragraphs a and b of subdivision 4
   19  of section 3602 of the education law, the  opening  paragraph,  subpara-
   20  graph  1  and  the closing paragraph of subparagraph 2 of paragraph b as
   21  amended by section 6-a of part A of chapter 57  of  the  laws  of  2012,
   22  paragraphs  a  and b as amended by section 26 of part A of chapter 58 of
   23  the laws of 2011, are amended to read as follows:
   24    In addition to any other apportionment pursuant  to  this  chapter,  a
   25  school  district, other than a special act school district as defined in
   26  subdivision eight of section four thousand one of this chapter, shall be
   27  eligible for total foundation aid equal to the product of total  aidable
   28  foundation  pupil units multiplied by the district's selected foundation
   29  aid, which shall be the greater of five hundred dollars ($500) or  foun-
   30  dation  formula aid, provided, however that for the two thousand seven--
   31  two thousand eight through two thousand eight--two thousand nine  school
   32  years,  no  school district shall receive total foundation aid in excess
   33  of the sum of the total foundation aid base for aid payable in  the  two
   34  thousand  seven--two  thousand  eight  school  year computed pursuant to
   35  subparagraph (i) of paragraph j of subdivision one of this section, plus
   36  the phase-in foundation increase computed pursuant  to  paragraph  b  of
   37  this subdivision, and provided further that for the two thousand twelve-
   38  -two  thousand thirteen school year [and thereafter], no school district
   39  shall receive total foundation aid in excess of the  sum  of  the  total
   40  foundation  aid  base  for  aid  payable in the two thousand eleven--two
   41  thousand twelve school year computed pursuant to paragraph j of subdivi-
   42  sion one of this section, plus the phase-in foundation increase computed
   43  pursuant to paragraph b of this subdivision, AND PROVIDED  FURTHER  THAT
   44  FOR  THE  TWO  THOUSAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND
   45  THEREAFTER, NO SCHOOL DISTRICT SHALL RECEIVE  TOTAL  FOUNDATION  AID  IN
   46  EXCESS  OF THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO
   47  PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, PLUS THE PHASE-IN  FOUN-
   48  DATION INCREASE COMPUTED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION and
   49  provided  further  that  total foundation aid shall not be less than the
   50  product of the total foundation aid base computed pursuant to  paragraph
   51  j  of  subdivision one of this section and THE DUE-MINIMUM PERCENT WHICH
   52  SHALL BE, FOR THE TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
   53  YEAR,  one  hundred and six-tenths percent (1.006) AND FOR THE TWO THOU-
   54  SAND  THIRTEEN--TWO  THOUSAND  FOURTEEN  SCHOOL  YEAR  FOR  CITY  SCHOOL
   55  DISTRICTS  OF  THOSE  CITIES HAVING POPULATIONS IN EXCESS OF ONE HUNDRED
   56  TWENTY-FIVE THOUSAND AND LESS THAN ONE MILLION INHABITANTS  ONE  HUNDRED
       S. 2607--D                         12                         A. 3007--D

    1  AND  ONE  AND ONE HUNDRED AND SEVENTY-SIX THOUSANDTHS PERCENT (1.01176),
    2  AND FOR  ALL  OTHER  DISTRICTS  ONE  HUNDRED  AND  THREE-TENTHS  PERCENT
    3  (1.003), subject to allocation pursuant to the provisions of subdivision
    4  eighteen  of this section and any provisions of a chapter of the laws of
    5  New York as described therein, nor more than the product of  such  total
    6  foundation  aid  base  and  one  hundred  fifteen  percent, and provided
    7  further that for the two thousand nine--two  thousand  ten  through  two
    8  thousand  eleven--two thousand twelve school years, each school district
    9  shall receive total foundation aid in an  amount  equal  to  the  amount
   10  apportioned  to  such  school  district  for the two thousand eight--two
   11  thousand nine school year pursuant to this  subdivision.  Total  aidable
   12  foundation  pupil  units  shall be calculated pursuant to paragraph g of
   13  subdivision two of this section. For the  purposes  of  calculating  aid
   14  pursuant  to  this  subdivision, aid for the city school district of the
   15  city of New York shall be calculated on a citywide basis.
   16    a. Foundation formula aid. Foundation  formula  aid  shall  equal  the
   17  remainder  when  the  expected  minimum local contribution is subtracted
   18  from the product of the foundation amount, the regional cost index,  and
   19  the  pupil  need  index,  or: (foundation amount x regional cost index x
   20  pupil need index)- expected minimum local contribution.
   21    (1) The foundation amount shall reflect the average per pupil cost  of
   22  general  education instruction in successful school districts, as deter-
   23  mined by a statistical analysis of the costs of  special  education  and
   24  general  education  in  successful  school  districts, provided that the
   25  foundation amount shall be adjusted annually to reflect  the  percentage
   26  increase in the consumer price index as computed pursuant to section two
   27  thousand  twenty-two of this chapter, provided that for the two thousand
   28  eight--two thousand nine school year, for the purpose  of  such  adjust-
   29  ment,  the  percentage  increase  in  the  consumer price index shall be
   30  deemed to be two and nine-tenths percent (0.029), and  provided  further
   31  that  the  foundation  amount  for  the two thousand seven--two thousand
   32  eight school  year  shall  be  five  thousand  two  hundred  fifty-eight
   33  dollars, and provided further that for the two thousand seven--two thou-
   34  sand  eight  through  two  thousand fifteen--two thousand sixteen school
   35  years, the foundation amount shall be further adjusted by  the  phase-in
   36  foundation  percent established pursuant to paragraph b of this subdivi-
   37  sion.
   38    (2) The regional cost index shall reflect an analysis of labor  market
   39  costs  based on median salaries in professional occupations that require
   40  similar credentials to those of positions in the  education  field,  but
   41  not  including  those  occupations in the education field, provided that
   42  the regional cost indices for the two thousand seven--two thousand eight
   43  school year and thereafter shall be as follows:
   44            Labor Force Region  Index
   45            Capital District    1.124
   46            Southern Tier       1.045
   47            Western New York    1.091
   48            Hudson Valley       1.314
   49            Long Island/NYC     1.425
   50            Finger Lakes        1.141
   51            Central New York    1.103
   52            Mohawk Valley       1.000
   53            North Country       1.000
   54    (3) The pupil need index shall equal the sum of one plus the  extraor-
   55  dinary needs percent, provided, however, that the pupil need index shall
   56  not  be less than one nor more than two. The extraordinary needs percent
       S. 2607--D                         13                         A. 3007--D

    1  shall be calculated pursuant to paragraph w of subdivision one  of  this
    2  section.
    3    (4)  The expected minimum local contribution shall equal the lesser of
    4  (i) the product of (A) the quotient arrived at when the selected  actual
    5  valuation  is divided by total wealth foundation pupil units, multiplied
    6  by (B) the product of the local tax factor,  multiplied  by  the  income
    7  wealth  index,  or (ii) the product of (A) the product of the foundation
    8  amount, the regional cost index, and the pupil need index, multiplied by
    9  (B) the positive difference, if any, of  one  minus  the  state  sharing
   10  ratio  for  total  foundation  aid. The local tax factor shall be estab-
   11  lished by May first of each year by determining the product, computed to
   12  four decimal places without rounding, of ninety  percent  multiplied  by
   13  the quotient of the sum of the statewide average tax rate as computed by
   14  the  commissioner for the current year in accordance with the provisions
   15  of paragraph e of subdivision one of section thirty-six  hundred  nine-e
   16  of this part plus the statewide average tax rate computed by the commis-
   17  sioner  for  the  base  year in accordance with such provisions plus the
   18  statewide average tax rate computed by the  commissioner  for  the  year
   19  prior  to  the  base year in accordance with such provisions, divided by
   20  three, provided however that for the two  thousand  seven--two  thousand
   21  eight  school  year,  such local tax factor shall be sixteen thousandths
   22  (0.016), and provided further that for the two thousand eight--two thou-
   23  sand nine school year, such  local  tax  factor  shall  be  one  hundred
   24  fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
   25  calculated pursuant to paragraph d of subdivision three of this section,
   26  provided, however, that for the purposes of computing the expected mini-
   27  mum local contribution the income wealth index shall not  be  less  than
   28  sixty-five percent (0.65) and shall not be more than two hundred percent
   29  (2.0)  and  provided  however that such income wealth index shall not be
   30  more than ninety-five percent (0.95) for  the  two  thousand  eight--two
   31  thousand  nine school year, AND PROVIDED FURTHER THAT SUCH INCOME WEALTH
   32  INDEX SHALL NOT BE LESS THAN ZERO FOR  THE  TWO  THOUSAND  THIRTEEN--TWO
   33  THOUSAND  FOURTEEN  SCHOOL YEAR.  The selected actual valuation shall be
   34  calculated pursuant to paragraph c of subdivision one of  this  section.
   35  Total  wealth  foundation  pupil  units  shall be calculated pursuant to
   36  paragraph h of subdivision two of this section.
   37    b. Phase-in foundation increase. (1) The phase-in foundation  increase
   38  shall  equal  the  product  of  the  phase-in foundation increase factor
   39  multiplied by the positive difference, if any, of (i) the product of the
   40  total aidable  foundation  pupil  units  multiplied  by  the  district's
   41  selected  foundation aid less (ii) the total foundation aid base for aid
   42  payable in the two thousand  eleven--two  thousand  twelve  school  year
   43  computed pursuant to paragraph j of subdivision one of this section.
   44    (2)  The  phase-in foundation percent shall equal one hundred thirteen
   45  and fourteen one  hundredths  percent  (1.1314)  for  the  two  thousand
   46  eleven--two  thousand  twelve  school  year, one hundred ten and thirty-
   47  eight hundredths percent (1.1038) for the two thousand twelve--two thou-
   48  sand thirteen school year, one hundred seven and sixty-eight  hundredths
   49  percent  (1.0768)  for  the two thousand thirteen--two thousand fourteen
   50  school year, one hundred five and six hundredths  percent  (1.0506)  for
   51  the  two  thousand  fourteen--two  thousand fifteen school year, and one
   52  hundred two and five  tenths  percent  (1.0250)  for  the  two  thousand
   53  fifteen--two thousand sixteen school year.
   54    For  the  two  thousand  eleven--two  thousand twelve school year, the
   55  phase-in foundation increase factor shall equal  thirty-seven  and  one-
   56  half  percent  (0.375)  and the phase-in due minimum percent shall equal
       S. 2607--D                         14                         A. 3007--D

    1  nineteen and forty-one hundredths percent (0.1941), for the two thousand
    2  twelve--two  thousand  thirteen  school  year  the  phase-in  foundation
    3  increase  factor shall equal one and seven-tenths percent (0.017), [and]
    4  for  the  two  thousand  thirteen--two thousand fourteen school year THE
    5  PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL (1) FOR  A  CITY  SCHOOL
    6  DISTRICT  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, FIVE AND
    7  TWENTY-THREE HUNDREDTHS PERCENT (0.0523) OR (2)  FOR  ALL  OTHER  SCHOOL
    8  DISTRICTS  ZERO PERCENT, AND FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND
    9  FIFTEEN SCHOOL YEAR  and  thereafter  the  commissioner  shall  annually
   10  determine  the phase-in foundation increase factor subject to allocation
   11  pursuant to the provisions of subdivision eighteen of this  section  and
   12  any  provisions of a chapter of the laws of New York as described there-
   13  in.
   14    S 9. Subdivision 9 of section 3602 of the education law, as amended by
   15  section 16 of part B of chapter 57 of the laws of 2007,  is  amended  to
   16  read as follows:
   17    9.  Aid  for conversion to full day kindergarten. School districts may
   18  make available full day kindergarten programs for all  children  wishing
   19  to attend such programs[,].
   20    A.  For  aid  payable  in  the  two thousand seven--two thousand eight
   21  school year and thereafter, school districts which provided any half-day
   22  kindergarten programs or had no kindergarten programs  in  the  nineteen
   23  hundred  ninety-six--ninety-seven  school year and in the base year, AND
   24  WHICH HAVE NOT RECEIVED AN APPORTIONMENT PURSUANT TO THIS  PARAGRAPH  IN
   25  ANY PRIOR SCHOOL YEAR, shall be eligible for aid equal to the product of
   26  the  district's  selected foundation aid calculated pursuant to subdivi-
   27  sion four of this section multiplied by the positive difference  result-
   28  ing  when  the  full  day  kindergarten enrollment of children attending
   29  programs in the district in  the  base  year  is  subtracted  from  such
   30  enrollment in the current year.
   31    B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
   32  SCHOOL DISTRICTS THAT HAVE RECEIVED AN APPORTIONMENT  PURSUANT  TO  THIS
   33  SUBDIVISION  IN  A PRIOR SCHOOL YEAR SHALL BE ELIGIBLE FOR AN APPORTION-
   34  MENT WHERE THE DEPARTMENT GRANTS A WAIVER UPON CAUSE SATISFACTORY TO THE
   35  DEPARTMENT, INCLUDING BUT NOT LIMITED TO, SATISFACTORY DEMONSTRATION  OF
   36  SIGNIFICANT  ECONOMIC  HARDSHIP  THAT WOULD IMPACT THE SCHOOL DISTRICT'S
   37  ABILITY TO PROVIDE FULL DAY KINDERGARTEN FOR  ALL  CHILDREN  WISHING  TO
   38  ATTEND  SUCH  PROGRAMS.  NO SCHOOL DISTRICT MAY BE GRANTED SUCH A WAIVER
   39  MORE THAN ONCE.
   40    S 10. Subdivision 12 of section 3602 of the education law, as  amended
   41  by section 35 of part A of chapter 58 of the laws of 2011, is amended to
   42  read as follows:
   43    12. Academic enhancement aid. A school district that as of April first
   44  of  the base year has been continuously identified as a district in need
   45  of improvement for at least five  years  shall,  for  the  two  thousand
   46  eight--two  thousand  nine  school  year,  be  entitled to an additional
   47  apportionment equal to the positive remainder, if any, of (a) the lesser
   48  of fifteen million dollars or the product of the  total  foundation  aid
   49  base,  as  defined  by  paragraph  j of subdivision one of this section,
   50  multiplied by ten percent (0.10), less (b) the positive remainder of (i)
   51  the sum of the total foundation aid apportioned pursuant to  subdivision
   52  four of this section and the supplemental educational improvement grants
   53  apportioned  pursuant to subdivision eight of section thirty-six hundred
   54  forty-one of this article, less (ii) the total foundation aid base.
   55    For the two thousand  nine--two  thousand  ten  through  two  thousand
   56  [twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
       S. 2607--D                         15                         A. 3007--D

    1  school district shall be entitled  to  an  apportionment  equal  to  the
    2  amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
    3  EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
    4  er listing produced by the commissioner in support of the budget for the
    5  two  thousand  nine--two thousand ten school year and entitled "SA0910",
    6  and such apportionment shall be deemed to satisfy the  state  obligation
    7  to  provide  an  apportionment  pursuant to subdivision eight of section
    8  thirty-six hundred forty-one of this article.
    9    S 11.  The opening paragraph of subdivision 16 of section 3602 of  the
   10  education  law,  as amended by section 36 of part A of chapter 58 of the
   11  laws of 2011, is amended to read as follows:
   12    Each school district shall be eligible  to  receive  a  high  tax  aid
   13  apportionment  in the two thousand eight--two thousand nine school year,
   14  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
   15  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
   16  tax  aid apportionment or (ii) the product of the apportionment received
   17  by the school district pursuant to this subdivision in the two  thousand
   18  seven--two  thousand  eight  school  year, multiplied by the due-minimum
   19  factor, which shall equal, for districts with an alternate pupil  wealth
   20  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
   21  section that is less than two, seventy percent (0.70), and for all other
   22  districts, fifty percent (0.50). Each school district shall be  eligible
   23  to  receive  a  high tax aid apportionment in the two thousand nine--two
   24  thousand ten through two thousand twelve--two thousand  thirteen  school
   25  years in the amount set forth for such school district as "HIGH TAX AID"
   26  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
   27  listing produced by the commissioner in support of the  budget  for  the
   28  two  thousand  nine--two thousand ten school year and entitled "SA0910".
   29  EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX AID  APPOR-
   30  TIONMENT IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR
   31  AND THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR EQUAL TO
   32  THE  GREATER  OF  (1)  THE  AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
   33  "HIGH TAX AID" UNDER THE HEADING "2008-09 BASE YEAR AIDS" IN THE  SCHOOL
   34  AID  COMPUTER  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE
   35  BUDGET FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR AND ENTI-
   36  TLED "SA0910" OR (2) THE AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS
   37  "HIGH  TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE SCHOOL
   38  AID COMPUTER LISTING PRODUCED BY THE  COMMISSIONER  IN  SUPPORT  OF  THE
   39  EXECUTIVE BUDGET FOR THE 2013-14 FISCAL YEAR AND ENTITLED "BT131-4"
   40    S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
   41  law,  as added by section 6 of part A of chapter 57 of the laws of 2012,
   42  is amended and a new paragraph (f) is added to read as follows:
   43    (e) The gap elimination adjustment  restoration  amount  for  the  two
   44  thousand  thirteen--two  thousand  fourteen  school year [and thereafter
   45  shall equal the product of  the  gap  elimination  percentage  for  such
   46  district  and  the  gap  elimination  adjustment  restoration allocation
   47  established pursuant to subdivision eighteen of  this  section.]  FOR  A
   48  SCHOOL  DISTRICT  SHALL  BE  COMPUTED    BASED  ON DATA ON FILE WITH THE
   49  COMMISSIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE  AN
   50  UPDATED  ELECTRONIC  DATA  FILE IN SUPPORT OF THE ENACTED BUDGET FOR THE
   51  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR END ENTI-
   52  TLED "SA131-4" AND SHALL EQUAL  THE  GREATER  OF  ONE  HUNDRED  THOUSAND
   53  DOLLARS ($100,000) OR THE SUM OF:
   54    (I) THE "TIER A RESTORATION" WHICH SHALL MEAN THE AMOUNT SET FORTH FOR
   55  SUCH  SCHOOL  DISTRICT  AS  "GEA RESTORATION" UNDER THE HEADING "2013-14
   56  ESTIMATED AIDS" IN THE SCHOOL  AID  COMPUTER  LISTING  PRODUCED  BY  THE
       S. 2607--D                         16                         A. 3007--D

    1  COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
    2  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL  YEAR  AND
    3  ENTITLED "BT131-4"; AND
    4    (II) THE "TIER B RESTORATION" WHICH SHALL MEAN FOR A DISTRICT WITH (1)
    5  A  COMBINED WEALTH RATIO OF LESS THAN ONE AND SEVEN-TENTHS (1.7) AND (2)
    6  AN ENROLLMENT PER SQUARE MILE WHICH SHALL BE THE QUOTIENT,  COMPUTED  TO
    7  TWO  DECIMALS  WITHOUT  ROUNDING, OF THE PUBLIC SCHOOL ENROLLMENT OF THE
    8  SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED  IN  ACCORDANCE  WITH
    9  SUBDIVISION  ONE OF THIS SECTION FOR THE BASE YEAR DIVIDED BY THE SQUARE
   10  MILES OF THE DISTRICT, AS DETERMINED BY THE COMMISSIONER, OF  LESS  THAN
   11  ONE  HUNDRED  AND  SEVENTY AND (3) A DESIGNATION AS HIGH NEED OR AVERAGE
   12  NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
   13  VISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING  PRODUCED
   14  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU-
   15  SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", OR  IN
   16  THE  CASE OF A REORGANIZED DISTRICT THAT HAD A PREDECESSOR DISTRICT THAT
   17  WAS SO DESIGNATED AND (4) A TIER A RESTORATION WHICH  EQUALS  LESS  THAN
   18  TWENTY  AND  SEVEN-TENTHS PERCENT (0.207) OF THE GAP ELIMINATION ADJUST-
   19  MENT FOR THE BASE YEAR, THE POSITIVE DIFFERENCE IF ANY, OF  THE  PRODUCT
   20  OF  TWENTY AND SEVEN-TENTHS PERCENT (0.207) MULTIPLIED BY THE GAP ELIMI-
   21  NATION ADJUSTMENT FOR THE BASE YEAR MINUS THE TIER A RESTORATION; AND
   22    (III) THE "TIER C RESTORATION" WHICH SHALL MEAN  FOR  A  DISTRICT  FOR
   23  WHICH  THE  SUM  OF THE TIER A RESTORATION AND THE TIER B RESTORATION IS
   24  LESS THAN THE PRODUCT OF THE GAP ELIMINATION  ADJUSTMENT  FOR  THE  BASE
   25  YEAR  MULTIPLIED  BY  SIX PERCENT (0.06), THE POSITIVE DIFFERENCE OF THE
   26  PRODUCT OF THE GAP ELIMINATION ADJUSTMENT FOR THE BASE  YEAR  MULTIPLIED
   27  BY  SIX  PERCENT  (0.06) MINUS THE SUM OF THE TIER A RESTORATION AND THE
   28  TIER B RESTORATION; AND
   29    (IV) THE "TIER D RESTORATION" WHICH SHALL MEAN  FOR  SCHOOL  DISTRICTS
   30  THAT  WERE: (1) DESIGNATED AS LOW OR AVERAGE NEED PURSUANT TO CLAUSE (C)
   31  OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION
   32  FOR  THE  SCHOOL  AID  COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN
   33  SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND  SEVEN--TWO  THOUSAND
   34  EIGHT SCHOOL YEAR AND ENTITLED "SA0708", OR IN THE CASE OF A REORGANIZED
   35  DISTRICT  THAT HAD A PREDECESSOR DISTRICT THAT WAS SO DESIGNATED AND (2)
   36  DESIGNATED AS HIGH NEED PURSUANT TO THE REGULATIONS OF THE  COMMISSIONER
   37  IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER
   38  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET
   39  FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE  FISCAL  YEAR
   40  AND ENTITLED "SA131-4" KNOWN AS THE  2008 NEED RESOURCE CAPACITY CATEGO-
   41  RY  CODE, THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE GAP
   42  ELIMINATION  ADJUSTMENT  FOR  SUCH  DISTRICT  FOR   THE   TWO   THOUSAND
   43  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR MINUS THE PRODUCT OF SIX AND
   44  EIGHT TENTHS PERCENT  (0.068)  MULTIPLIED  BY  THE  TOTAL  GENERAL  FUND
   45  EXPENDITURES  OF  SUCH  DISTRICT  FOR THE TWO THOUSAND TEN--TWO THOUSAND
   46  ELEVEN SCHOOL YEAR, MULTIPLIED BY (B) THIRTY-FIVE HUNDREDTHS (0.35); AND
   47    (V) THE "TIER E RESTORATION" WHICH SHALL MEAN FOR DISTRICTS WITH (1) A
   48  QUOTIENT OF THE POSITIVE DIFFERENCE OF THE  GAP  ELIMINATION  ADJUSTMENT
   49  FOR THE YEAR PRIOR TO THE BASE YEAR MINUS THE GAP ELIMINATION ADJUSTMENT
   50  FOR THE BASE YEAR DIVIDED BY THE GAP ELIMINATION ADJUSTMENT FOR THE YEAR
   51  PRIOR  TO  THE  BASE  YEAR  IS  LESS  THAN SEVEN AND FIVE-TENTHS PERCENT
   52  (0.075) AND (2) A COMBINED WEALTH RATIO OF LESS THAN ONE  AND  ONE-TENTH
   53  (1.10), THE PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY
   54  THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR; AND
   55    (VI)  THE  "TIER  F RESTORATION" WHICH SHALL MEAN FOR ANY DISTRICT (1)
   56  DESIGNATED AS HIGH NEED PURSUANT TO CLAUSE (C) OF  SUBPARAGRAPH  TWO  OF
       S. 2607--D                         17                         A. 3007--D

    1  PARAGRAPH  C  OF  SUBDIVISION  SIX  OF  THIS  SECTION FOR THE SCHOOL AID
    2  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
    3  BUDGET  FOR  THE  TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND
    4  ENTITLED  "SA0708",  OR IN THE CASE OF A REORGANIZED DISTRICT THAT HAD A
    5  PREDECESSOR DISTRICT THAT WAS SO DESIGNATED, WITH (2) A  GEA/TGFE  RATIO
    6  GREATER  THAN  FOUR AND NINETY-ONE HUNDREDTHS PERCENT (.0491), WHERE THE
    7  GEA/TGFE RATIO SHALL BE THE QUOTIENT OF THE GAP  ELIMINATION  ADJUSTMENT
    8  FOR  THE  BASE  YEAR  FOR THE DISTRICT DIVIDED BY THE TOTAL GENERAL FUND
    9  EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR, THE PRODUCT  OF  FIFTEEN
   10  DOLLARS  ($15.00),  MULTIPLIED  BY  THE BASE YEAR PUBLIC SCHOOL DISTRICT
   11  ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF  SUBDIVISION  ONE  OF
   12  THIS SECTION, BUT NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS ($100,000);
   13  AND
   14    (VII)  THE  "TIER  G  RESTORATION"  WHICH SHALL MEAN FOR A CITY SCHOOL
   15  DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE HUNDRED  TWENTY-
   16  FIVE  THOUSAND AND LESS THAN ONE HUNDRED AND SIXTY THOUSAND AND FOR CITY
   17  SCHOOL DISTRICTS OF CITIES WITH POPULATIONS IN EXCESS OF TWO HUNDRED AND
   18  FIVE THOUSAND AND LESS THAN THREE HUNDRED THOUSAND, THE PRODUCT  OF  TEN
   19  DOLLARS  ($10.00)  MULTIPLIED  BY  THE  BASE YEAR PUBLIC SCHOOL DISTRICT
   20  ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF  SUBDIVISION  ONE  OF
   21  THIS  SECTION  AND  FOR  A CITY SCHOOL DISTRICT OF A CITY HAVING A POPU-
   22  LATION IN EXCESS OF ONE HUNDRED SIXTY THOUSAND  AND  BELOW  TWO  HUNDRED
   23  THOUSAND  THE  PRODUCT  OF  EIGHT DOLLARS ($8.00) MULTIPLIED BY THE BASE
   24  YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED  PURSUANT  TO  PARA-
   25  GRAPH  N  OF  SUBDIVISION  ONE  OF  THIS  SECTION  AND FOR A CITY SCHOOL
   26  DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE PROD-
   27  UCT OF FORTY-TWO DOLLARS AND TWO CENTS ($42.02), MULTIPLIED BY THE  BASE
   28  YEAR  PUBLIC  SCHOOL  DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARA-
   29  GRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND
   30    (VIII) THE "TIER H RESTORATION" WHICH SHALL MEAN FOR  DISTRICTS  OTHER
   31  THAN  FOR  CITY  SCHOOL  DISTRICTS  OF  CITIES HAVING POPULATIONS OF ONE
   32  HUNDRED AND TWENTY-FIVE THOUSAND OR MORE, THE PRODUCT  OF  THE  POSITIVE
   33  DIFFERENCE   OF   ONE  AND  FORTY-THREE  HUNDREDTHS  (1.43)  MINUS  SUCH
   34  DISTRICT'S REGIONAL COST INDEX PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
   35  SECTION,  MULTIPLIED  BY FIVE, MULTIPLIED BY THE THREE-YEAR AVERAGE FREE
   36  AND REDUCED PRICE LUNCH  PERCENT,  MULTIPLIED  BY  ONE  HUNDRED  DOLLARS
   37  ($100.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT,
   38  AS  COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION;
   39  AND
   40    (IX) THE "TIER I RESTORATION" WHICH SHALL MEAN FOR ANY DISTRICT WITH A
   41  COMBINED WEALTH RATIO GREATER THAN ONE AND ONE-TENTH (1.1) AND A  THREE-
   42  YEAR   AVERAGE  FREE  AND  REDUCED  PRICE  LUNCH  PERCENT  GREATER  THAN
   43  SIX-TENTHS (0.6), THE PRODUCT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00)
   44  MULTIPLIED BY THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT,  AS
   45  COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND
   46    (X)  THE  "TIER  J RESTORATION" WHICH SHALL MEAN FOR A DISTRICT WITH A
   47  COMBINED WEALTH RATIO LESS THAN ONE AND ONE-TENTHS (1.1), THE PRODUCT OF
   48  (A) TWO HUNDRED DOLLARS ($200.00) MULTIPLIED BY (B) THE POSITIVE DIFFER-
   49  ENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL  DISTRICT  ENROLLMENT  LESS
   50  THE  PUBLIC  SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FOUR YEARS PRIOR TO
   51  THE BASE YEAR, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF
   52  THIS SECTION;
   53    PROVIDED FURTHER, NOTWITHSTANDING ANY PORTION OF THIS PARAGRAPH TO THE
   54  CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT  RESTORATION  FOR
   55  THE  TWO  THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR SHALL NOT
       S. 2607--D                         18                         A. 3007--D

    1  EXCEED THE PRODUCT OF FORTY-THREE PERCENT (0.43) AND THE GAP ELIMINATION
    2  ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
    3    (F)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
    4  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER SHALL
    5  EQUAL THE PRODUCT OF THE GAP ELIMINATION PERCENTAGE  FOR  SUCH  DISTRICT
    6  AND  THE  GAP  ELIMINATION ADJUSTMENT RESTORATION ALLOCATION ESTABLISHED
    7  PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
    8    S 13. Intentionally omitted.
    9    S 13-a. Clause (c) of subparagraph 5 of paragraph e of  subdivision  6
   10  of  section 3602 of the education law, as amended by section 1 of part F
   11  of chapter 383 of the laws of 2001, is amended to read as follows:
   12    (c) [Periodically, but at least at]  AT  the  end  of  each  ten  year
   13  segment of an assumed amortization established pursuant to subparagraphs
   14  two,  three  and four of this paragraph, OR IN THE TWO THOUSAND FOURTEEN
   15  -- TWO THOUSAND FIFTEEN SCHOOL YEAR IN THE CASE OF ASSUMED AMORTIZATIONS
   16  WHOSE TEN YEAR SEGMENT ENDS PRIOR TO SUCH SCHOOL YEAR, the  commissioner
   17  shall   revise  the  remaining  scheduled  semiannual  payments  of  the
   18  outstanding principal and interest of such assumed  amortization,  other
   19  than the outstanding principal and interest of refunding bonds where the
   20  district  can  demonstrate  to  the commissioner that it is precluded by
   21  state or federal law, rule or regulation from refinancing such outstand-
   22  ing principal and interest, based on the interest rates  applicable  for
   23  the  current  year if the difference of the interest rate upon which the
   24  existing assumed amortization is based minus such interest rate applica-
   25  ble for the current year is equal to or  greater  than  one  quarter  of
   26  one-one  hundredth.    PROVIDED  HOWEVER, IN THE CASE OF ASSUMED AMORTI-
   27  ZATION WHOSE TEN YEAR SEGMENT ENDED PRIOR TO THE TWO  THOUSAND  FOURTEEN
   28  --  TWO  THOUSAND FIFTEEN SCHOOL YEAR THE NEXT TEN YEAR SEGMENT SHALL BE
   29  DEEMED TO COMMENCE WITH  THE  TWO  THOUSAND  FOURTEEN  --  TWO  THOUSAND
   30  FIFTEEN  SCHOOL  YEAR.  THE  DEPARTMENT SHALL NOTIFY SCHOOL DISTRICTS OF
   31  PROJECTS SUBJECT TO THE PROVISIONS OF  THIS  CLAUSE  BY  NO  LATER  THAN
   32  DECEMBER FIRST NEXT PRECEDING THE SCHOOL YEAR IN WHICH THE ASSUMED AMOR-
   33  TIZATION IS SCHEDULED TO BE REVISED PURSUANT TO THIS CLAUSE.
   34    S 14. The opening paragraph of section 3609-a of the education law, as
   35  amended  by  section  9  of part A of chapter 57 of the laws of 2012, is
   36  amended to read as follows:
   37    For aid payable in the two thousand seven--two thousand  eight  school
   38  year  and  thereafter, "moneys apportioned" shall mean the lesser of (i)
   39  the sum of one hundred percent of the respective amount  set  forth  for
   40  each  school  district as payable pursuant to this section in the school
   41  aid computer listing for the current year produced by  the  commissioner
   42  in support of the budget which includes the appropriation for the gener-
   43  al  support  for public schools for the prescribed payments and individ-
   44  ualized payments due prior to April first for the current year plus  the
   45  apportionment  payable during the current school year pursuant to subdi-
   46  vision six-a and subdivision fifteen of section thirty-six  hundred  two
   47  of  this  part  minus  any  reductions  to current year aids pursuant to
   48  subdivision seven of section thirty-six hundred four of this part or any
   49  deduction from  apportionment  payable  pursuant  to  this  chapter  for
   50  collection  of a school district basic contribution as defined in subdi-
   51  vision eight of section forty-four hundred one of this chapter, less any
   52  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
   53  vision  four  of section ninety-two-c of the state finance law, less any
   54  grants provided pursuant to subdivision  twelve  of  section  thirty-six
   55  hundred  forty-one of this article, or (ii) the apportionment calculated
   56  by the commissioner based on data on file at the  time  the  payment  is
       S. 2607--D                         19                         A. 3007--D

    1  processed;  provided however, that for the purposes of any payments made
    2  pursuant to this section prior to the first business day of June of  the
    3  current  year,  moneys  apportioned  shall  not include any aids payable
    4  pursuant  to  subdivisions  six  and fourteen, if applicable, of section
    5  thirty-six hundred two of this part as current year aid for debt service
    6  on bond anticipation notes and/or bonds first issued in the current year
    7  or any aids payable for  full-day  kindergarten  for  the  current  year
    8  pursuant  to  subdivision nine of section thirty-six hundred two of this
    9  part. The definitions of "base year" and "current year" as set forth  in
   10  subdivision  one  of  section  thirty-six hundred two of this part shall
   11  apply to this section. For aid payable in the [two thousand  twelve--two
   12  thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
   13  year, reference to such "school aid computer  listing  for  the  current
   14  year" shall mean the printouts entitled ["SA121-3"] "SA131-4".
   15    S  15.  Paragraph  b of subdivision 2 of section 3612 of the education
   16  law, as amended by section 10 of part A of chapter 57  of  the  laws  of
   17  2012, is amended to read as follows:
   18    b. Such grants shall be awarded to school districts, within the limits
   19  of funds appropriated therefor, through a competitive process that takes
   20  into  consideration  the  magnitude  of  any shortage of teachers in the
   21  school district, the number of teachers employed in the school  district
   22  who hold temporary licenses to teach in the public schools of the state,
   23  the  number of provisionally certified teachers, the fiscal capacity and
   24  geographic sparsity of the district, the  number  of  new  teachers  the
   25  school district intends to hire in the coming school year and the number
   26  of summer in the city student internships proposed by an eligible school
   27  district,  if applicable. Grants provided pursuant to this section shall
   28  be used only for the purposes enumerated in this section.  Notwithstand-
   29  ing any other provision of law to the contrary, a city  school  district
   30  in a city having a population of one million or more inhabitants receiv-
   31  ing a grant pursuant to this section may use no more than eighty percent
   32  of  such  grant  funds  for any recruitment, retention and certification
   33  costs associated with transitional certification of  teacher  candidates
   34  for  the  school  years  two thousand one--two thousand two through [two
   35  thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
   36  SAND FOURTEEN.
   37    S 16. Section 3641 of the education law is amended  by  adding  a  new
   38  subdivision 6-a to read as follows:
   39    6-A.  COMMUNITY  SCHOOL GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED FOR
   40  SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON  CHIL-
   41  DREN  AND FAMILIES IN COORDINATION WITH THE COMMISSIONER AND APPROVED BY
   42  THE DIRECTOR OF THE BUDGET, THE  COMMISSIONER  SHALL  AWARD  COMPETITIVE
   43  GRANTS PURSUANT TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS OR IN A
   44  CITY  WITH  A  POPULATION  OF  ONE MILLION OR MORE AN ELIGIBLE ENTITY TO
   45  IMPLEMENT, BEGINNING IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
   46  SCHOOL YEAR, A PLAN THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY  HUBS  TO
   47  DELIVER  CO-LOCATED  OR  SCHOOL-LINKED  ACADEMIC, HEALTH, MENTAL HEALTH,
   48  NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR
   49  FAMILIES IN A MANNER THAT WILL LEAD TO IMPROVED  EDUCATIONAL  AND  OTHER
   50  OUTCOMES.   IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ELIGIBLE
   51  ENTITIES SHALL MEAN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, OR
   52  NOT-FOR-PROFIT ORGANIZATIONS, WHICH SHALL INCLUDE NOT-FOR-PROFIT  COMMU-
   53  NITY  BASED  ORGANIZATIONS.  AN ELIGIBLE ENTITY THAT IS A NOT-FOR-PROFIT
   54  MAY APPLY FOR A COMMUNITY SCHOOL GRANT  PROVIDED  THAT  IT  COLLABORATES
   55  WITH  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND RECEIVES THE
       S. 2607--D                         20                         A. 3007--D

    1  APPROVAL OF THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF  THE  CITY  OF
    2  NEW YORK.
    3    (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
    4    (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
    5    (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
    6  PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON  FACTORS  INCLUDING,
    7  BUT  NOT  LIMITED  TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE
    8  NEED OF STUDENTS TO BE SERVED BY  EACH  OF  THE  SCHOOL  DISTRICTS;  THE
    9  SCHOOL  DISTRICT'S  PROPOSAL  TO  TARGET  THE  HIGHEST  NEED SCHOOLS AND
   10  STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS  PROGRAM;
   11  AND PROPOSAL QUALITY;
   12    (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
   13    (IV)  THE  MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL
   14  BE DETERMINED;
   15    (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
   16    (VI) PROGRAM IMPLEMENTATION PHASES THAT WILL TRIGGER  PAYMENT  OF  SET
   17  PERCENTAGES OF THE TOTAL AWARD.
   18    (2)  IN  ASSESSING  PROPOSAL QUALITY, THE COMMISSIONER SHALL TAKE INTO
   19  ACCOUNT FACTORS INCLUDING, BUT NOT LIMITED TO:
   20    (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL  WOULD  PROVIDE
   21  SUCH  COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND
   22  NON-PROFIT ORGANIZATIONS;
   23    (II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE  FOR  DELIVERY  OF
   24  SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
   25    (III)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES
   26  WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY OUTCOMES;
   27    (IV) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES AND  IDENTIFIES  HOW
   28  EXISTING  FUNDING  STREAMS  AND  PROGRAMS  WOULD BE USED TO PROVIDE SUCH
   29  COMMUNITY SERVICES; AND
   30    (V) THE EXTENT TO  WHICH  THE  PROPOSAL  ENSURES  THE  SAFETY  OF  ALL
   31  STUDENTS, STAFF AND COMMUNITY MEMBERS IN SCHOOL BUILDINGS USED AS COMMU-
   32  NITY HUBS.
   33    B.  A  RESPONSE  TO  A  REQUEST  FOR PROPOSALS ISSUED PURSUANT TO THIS
   34  SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
   35  CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS, OR IN A CITY  WITH  A  POPU-
   36  LATION OF ONE MILLION OR MORE, AN ELIGIBLE ENTITY.
   37    C.  THE  AMOUNT  OF THE GRANT AWARD SHALL BE DETERMINED BY THE COMMIS-
   38  SIONER, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO  PARAGRAPH  A  OF
   39  THIS  SUBDIVISION,  EXCEPT  THAT  NO SINGLE DISTRICT MAY BE AWARDED MORE
   40  THAN FORTY PERCENT OF THE TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT  TO
   41  THIS  SUBDIVISION;  AND  PROVIDED  FURTHER THAT THE MAXIMUM AWARD TO ANY
   42  INDIVIDUAL COMMUNITY SCHOOL SITE SHALL BE FIVE HUNDRED THOUSAND DOLLARS;
   43  AND PROVIDED FURTHER THAT THE AMOUNT AWARDED WILL BE  PAID  OUT  IN  SET
   44  PERCENTAGES  OVER TIME UPON SUCCESSFUL IMPLEMENTATION OF EACH PHASE OF A
   45  SCHOOL DISTRICT'S APPROVED PROPOSAL SET FORTH PURSUANT TO PARAGRAPH A OF
   46  THIS SUBDIVISION; AND PROVIDED FURTHER THAT NONE OF THE  GRANTS  AWARDED
   47  PURSUANT TO THIS SUBDIVISION MAY BE USED TO SUPPLANT EXISTING FUNDING.
   48    S  17.  Section  3641  of the education law is amended by adding a new
   49  subdivision 6-b to read as follows:
   50    6-B. EXTENDED LEARNING GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED  FOR
   51  SUCH  PURPOSE,  SUBJECT TO A PLAN THAT IS DEVELOPED BY THE COMMISSIONER,
   52  AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSIONER SHALL AWARD
   53  COMPETITIVE PLANNING AND IMPLEMENTATION GRANTS PURSUANT TO THIS SUBDIVI-
   54  SION TO ELIGIBLE SCHOOL DISTRICTS OR SCHOOL DISTRICTS  IN  COLLABORATION
   55  WITH  NOT-FOR-PROFIT  COMMUNITY  BASED  ORGANIZATIONS THAT PUT FORWARD A
   56  PROPOSAL TO IMPROVE STUDENT OUTCOMES  BY  ADDING  AT  LEAST  TWENTY-FIVE
       S. 2607--D                         21                         A. 3007--D

    1  PERCENT  MORE TIME TO THE ACADEMIC CALENDAR BY EXTENDING THE SCHOOL DAY,
    2  SCHOOL YEAR, OR SOME COMBINATION THEREOF,  EITHER  DISTRICT-WIDE  OR  IN
    3  SELECTED SCHOOL BUILDINGS.
    4    (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
    5    (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
    6    (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
    7  PROVIDED THAT PRIORITY SHALL BE  GIVEN  TO  APPLICANTS  BASED  UPON  THE
    8  SCHOOL  DISTRICT'S  PROPOSAL TO TARGET THE SCHOOLS AND STUDENTS WITH THE
    9  GREATEST NEED AND UPON PROPOSAL QUALITY;
   10    (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
   11    (IV) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
   12    (V) A REQUIREMENT THAT SCHOOL  DISTRICTS  AWARDED  GRANTS  UNDER  THIS
   13  SUBDIVISION  SUBMIT TO AN ANNUAL EVALUATION OF PERFORMANCE AND IMPACT AS
   14  REQUIRED BY THE COMMISSIONER.
   15    (2) IN ASSESSING PROPOSAL QUALITY IN  ORDER  TO  AWARD  IMPLEMENTATION
   16  GRANT  FUNDING, THE COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS INCLUD-
   17  ING, BUT NOT LIMITED TO:
   18    (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD  MAXIMIZE
   19  THE USE OF THE ADDITIONAL LEARNING TIME THROUGH A COMPREHENSIVE RESTRUC-
   20  TURING OF THE SCHOOL DAY AND/OR YEAR;
   21    (II) HOW THE ADDITIONAL LEARNING TIME WOULD BE UTILIZED, INCLUDING BUT
   22  NOT LIMITED TO ADDITIONAL TIME SPENT ON CORE ACADEMICS; AND
   23    (III) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE ADDITIONAL LEARN-
   24  ING TIME FOR STUDENTS IN GRADES SIX THROUGH EIGHT.
   25    B.  A  SCHOOL  DISTRICT'S SCHOOL-WIDE EXTENDED LEARNING IMPLEMENTATION
   26  GRANT AWARD SHALL EQUAL ITS AVERAGE DAILY ATTENDANCE IN THE  SCHOOL-WIDE
   27  EXTENDED  LEARNING  PROGRAM MULTIPLIED BY THE EXPECTED COST PER PUPIL OF
   28  THE ADDITIONAL LEARNING TIME. FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE
   29  EXPECTED  COST PER PUPIL OF THE ADDITIONAL LEARNING TIME SHALL EQUAL THE
   30  GREATER OF FIFTEEN HUNDRED DOLLARS OR (1) THE QUOTIENT OF (I) THE SCHOOL
   31  DISTRICT'S APPROVED OPERATING EXPENSE PURSUANT TO PARAGRAPH T OF  SUBDI-
   32  VISION  ONE  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR THE
   33  YEAR PRIOR TO THE BASE YEAR DIVIDED BY (II) THE DISTRICT'S PUBLIC SCHOOL
   34  DISTRICT ENROLLMENT PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF  SUCH
   35  SUBDIVISION  FOR  THE  YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY (2) TEN
   36  PERCENT (0.10), MULTIPLIED BY (3) THE QUOTIENT OF (I) THE AVERAGE OF THE
   37  NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES  DEPART-
   38  MENT OF LABOR FOR THE TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE
   39  BASE  YEAR,  DIVIDED  BY (II) THE AVERAGE OF THE NATIONAL CONSUMER PRICE
   40  INDEXES DETERMINED BY THE UNITED STATES  DEPARTMENT  OF  LABOR  FOR  THE
   41  TWELVE  MONTH PERIOD PRECEDING JANUARY FIRST OF THE YEAR TWO YEARS PRIOR
   42  TO THE BASE YEAR.
   43    C. IN EXTRAORDINARY CASES, THE COMMISSIONER MAY  AWARD  A  GRANT  THAT
   44  EXCEEDS  THE  PER PUPIL LIMIT CALCULATED PURSUANT TO PARAGRAPH B OF THIS
   45  SUBDIVISION.
   46    D. NO DISTRICT SHALL RECEIVE A GRANT IN EXCESS  OF  THE  TOTAL  ACTUAL
   47  GRANT  EXPENDITURES  INCURRED  BY  THE  DISTRICT  IN THE CURRENT YEAR AS
   48  APPROVED BY THE COMMISSIONER.
   49    E. NO SINGLE DISTRICT MAY BE AWARDED MORE THAN FORTY  PERCENT  OF  THE
   50  TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION.
   51    S  18.  Subdivision  16  of  section  3602-e  of the education law, as
   52  amended by section 19 of part B of chapter 57 of the laws  of  2007,  is
   53  amended to read as follows:
   54    16. The grant payable to a school district pursuant to this section in
   55  the  current year shall be reduced by one one-hundred eightieth for each
   56  day less than one hundred eighty days that the universal prekindergarten
       S. 2607--D                         22                         A. 3007--D

    1  classes of the district  were  actually  in  session,  except  that  the
    2  commissioner may disregard such reduction for any deficiency that may be
    3  disregarded  in  computing  total foundation aid pursuant to subdivision
    4  seven or eight of section thirty-six hundred four of this chapter AND IN
    5  ADDITION  MAY DISREGARD A REDUCTION FOR ANY DEFICIENCY THAT IS CAUSED BY
    6  A DELAY IN THE OPENING OF PUBLIC SCHOOL CLASSES DUE  TO  EXTRAORDINARILY
    7  ADVERSE  WEATHER  CONDITIONS  OR  OTHER  CAUSE CITED IN SUCH SUBDIVISION
    8  SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR THAT RESULTS IN CANCELLATION OF
    9  THE PREKINDERGARTEN PROGRAM OR OF TRANSPORTATION TO SUCH PROGRAM.
   10    S 19. Clause (b) of subparagraph 3 of paragraph e of subdivision 6  of
   11  section  3602 of the education law, as amended by section 31-a of part A
   12  of chapter 57 of the laws of 2012, is amended to read as follows:
   13    (b) Such assumed amortization for a project approved  by  the  commis-
   14  sioner  on or after the later of the first day of December, two thousand
   15  one or thirty days after the date upon which this subdivision shall have
   16  become a law and prior to the first day of July, two thousand eleven  or
   17  for  any  debt  service related to projects approved by the commissioner
   18  prior to such date where a bond, capital note or bond anticipation  note
   19  is  first issued on or after the first day of December, two thousand one
   20  to fund such projects, shall commence: (i) eighteen  months  after  such
   21  approval or (ii) on the date of receipt by the commissioner of a certif-
   22  ication  by  the  district that a general construction contract has been
   23  awarded for such project by the district, whichever is later,  and  such
   24  assumed  amortization  for  a project approved by the commissioner on or
   25  after the first day of July, two thousand eleven shall  commence:  (iii)
   26  eighteen  months  after  such approval or (iv) on the date of receipt by
   27  the commissioner of both the final certificate of substantial completion
   28  of the project issued by the architect or engineer and  the  final  cost
   29  report  for  such  project, whichever is later or (v) upon the effective
   30  date of a waiver based on a finding by the commissioner, pursuant  to  a
   31  process  set  forth  by the commissioner, that the district is unable to
   32  submit a final certificate of substantial  completion  for  the  project
   33  and/or  complete  the  final cost report because of circumstances beyond
   34  the control of the district, WHICH SHALL INCLUDE BUT SHALL NOT BE LIMIT-
   35  ED TO THE INABILITY OF THE DISTRICT TO COMPLETE A COMPLEX PROJECT WITHIN
   36  EIGHTEEN MONTHS.   Such assumed amortization  shall  provide  for  equal
   37  semiannual  payments of principal and interest based on an interest rate
   38  established pursuant to subparagraph five of  this  paragraph  for  such
   39  purpose for the school year during which such certification is received.
   40  The  first  installment  of obligations issued by the school district in
   41  support of such projects may mature not later than the dates established
   42  pursuant to sections 21.00 and 22.10 of the local finance law.
   43    S 20. Section 2556 of the education law is amended  by  adding  a  new
   44  subdivision 15 to read as follows:
   45    15.  A.  THE  CHANCELLOR  OF A CITY SCHOOL DISTRICT IN A CITY HAVING A
   46  POPULATION OF ONE MILLION OR MORE SHALL  COMPILE  AN  INVENTORY  OF  AND
   47  ISSUE  A WRITTEN REPORT AND DEVELOP RECOMMENDATIONS REGARDING TRANSPORT-
   48  ABLE CLASSROOM UNITS ("TCU" OR ALSO COMMONLY KNOWN AS A "TRAILER"). SUCH
   49  INVENTORY, REPORT AND RECOMMENDATIONS SHALL:
   50    (I) IDENTIFY EACH TRANSPORTABLE CLASSROOM UNIT  LOCATED  IN  THE  CITY
   51  SCHOOL  DISTRICT.  EACH TRANSPORTABLE CLASSROOM UNIT SHALL BE IDENTIFIED
   52  BY THE COMMUNITY SCHOOL DISTRICT IN WHICH IT  IS  LOCATED,  ITS  ADDRESS
   53  WITH  IDENTIFICATION  OF ANY SCHOOL BUILDING IT IS PART OF OR ASSOCIATED
   54  WITH, ITS APPROXIMATE SIZE, ITS AGE, AND A DESCRIPTION OF  ITS  PHYSICAL
   55  CONDITION;
       S. 2607--D                         23                         A. 3007--D

    1    (II)  IDENTIFY THE NUMBER OF STUDENTS SERVED WITHIN EACH TRANSPORTABLE
    2  CLASSROOM UNIT, INCLUDING THE GRADE LEVEL OF SUCH STUDENTS, IF  APPLICA-
    3  BLE,  THE  AVERAGE  CLASS SIZE WITHIN EACH TRANSPORTABLE CLASSROOM UNIT,
    4  AND A DESCRIPTION OF THE AMOUNT OF THE SCHOOL  DAY  THE  STUDENTS  SPEND
    5  WITHIN EACH TRANSPORTABLE CLASSROOM UNIT;
    6    (III)  PROVIDE RECOMMENDATIONS TO MINIMIZE THE NUMBER OF TRANSPORTABLE
    7  CLASSROOM UNITS WITHIN THE CITY SCHOOL DISTRICT.
    8    B. ON OR BEFORE DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN,  THE
    9  CHANCELLOR  SHALL  SUBMIT THE INVENTORY, REPORT, AND THE RECOMMENDATIONS
   10  TO MINIMIZE THE NUMBER OF TRANSPORTABLE CLASSROOM UNITS WITHIN THE  CITY
   11  SCHOOL  DISTRICT, COMPILED AND DEVELOPED PURSUANT TO PARAGRAPH A OF THIS
   12  SUBDIVISION, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
   13  SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE AND  ASSEMBLY  COMMIT-
   14  TEES ON EDUCATION, AND THE DEPARTMENT.
   15    S 20-a. Section 2590-h of the education law is amended by adding a new
   16  subdivision 53 to read as follows:
   17    53.  TO  COMPILE  AN INVENTORY OF, ISSUE A WRITTEN REPORT, AND PROVIDE
   18  RECOMMENDATIONS  AS  REQUIRED  BY   SUBDIVISION   FIFTEEN   OF   SECTION
   19  TWENTY-FIVE  HUNDRED  FIFTY-SIX  OF  THIS  TITLE REGARDING TRANSPORTABLE
   20  CLASSROOM UNITS IN THE CITY SCHOOL DISTRICT.
   21    S 21. Subdivision 6 of section 4402 of the education law,  as  amended
   22  by section 12 of part A of chapter 57 of the laws of 2012, is amended to
   23  read as follows:
   24    6.  Notwithstanding any other law, rule or regulation to the contrary,
   25  the board of education of a city school district with  a  population  of
   26  one  hundred twenty-five thousand or more inhabitants shall be permitted
   27  to establish  maximum  class  sizes  for  special  classes  for  certain
   28  students  with  disabilities  in  accordance with the provisions of this
   29  subdivision. For the purpose of obtaining relief from any adverse fiscal
   30  impact from under-utilization of special education resources due to  low
   31  student  attendance  in  special  education  classes  at  the middle and
   32  secondary level as determined by the commissioner, such boards of educa-
   33  tion shall, during the school years nineteen hundred  ninety-five--nine-
   34  ty-six  through  June thirtieth, two thousand [thirteen] FOURTEEN of the
   35  [two thousand twelve--two thousand thirteen] TWO THOUSAND  THIRTEEN--TWO
   36  THOUSAND  FOURTEEN school year, be authorized to increase class sizes in
   37  special classes containing students with disabilities whose  age  ranges
   38  are  equivalent  to those of students in middle and secondary schools as
   39  defined by the commissioner for purposes of this section by  up  to  but
   40  not to exceed one and two tenths times the applicable maximum class size
   41  specified  in  regulations of the commissioner rounded up to the nearest
   42  whole number, provided that in a city school  district  having  a  popu-
   43  lation of one million or more, classes that have a maximum class size of
   44  fifteen  may  be increased by no more than one student and provided that
   45  the projected average class size shall not exceed the maximum  specified
   46  in  the  applicable  regulation,  provided that such authorization shall
   47  terminate on June thirtieth, two thousand. Such authorization  shall  be
   48  granted  upon  filing  of a notice by such a board of education with the
   49  commissioner stating the board's intention to increase such class  sizes
   50  and  a  certification  that the board will conduct a study of attendance
   51  problems at the secondary level and will implement a  corrective  action
   52  plan  to  increase the rate of attendance of students in such classes to
   53  at least the rate for students attending regular  education  classes  in
   54  secondary  schools of the district. Such corrective action plan shall be
   55  submitted for approval by the commissioner by a date during  the  school
   56  year  in  which such board increases class sizes as provided pursuant to
       S. 2607--D                         24                         A. 3007--D

    1  this subdivision to be prescribed by the  commissioner.  Upon  at  least
    2  thirty  days  notice  to the board of education, after conclusion of the
    3  school year in which such board increases class sizes as provided pursu-
    4  ant  to this subdivision, the commissioner shall be authorized to termi-
    5  nate such authorization upon a finding that  the  board  has  failed  to
    6  develop or implement an approved corrective action plan.
    7    S 21-a. Paragraph d of subdivision 15 of section 3641 of the education
    8  law,  as  added  by  section 22-b of part A of chapter 57 of the laws of
    9  2012, is amended to read as follows:
   10    d. Approved additional expenses for  annual  professional  performance
   11  reviews transition grants pursuant to this subdivision FOR THE TWO THOU-
   12  SAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL  YEAR shall CONTINUE TO be
   13  eligible for reimbursement. Such approved expenses shall be eligible for
   14  payment on or after September first following the end of the school year
   15  in which such expenses were approved.   In the event  the  appropriation
   16  for  purposes of this subdivision in any year is insufficient to pay all
   17  approved claims pursuant to this subdivision, the commissioner shall pay
   18  such claims on a prorated basis among all districts filing  such  claims
   19  until  the appropriation is exhausted. The commissioner shall promulgate
   20  rules and regulations necessary to  implement  the  provisions  of  this
   21  subdivision  within  sixty  days of the effective date of the chapter of
   22  the laws of two thousand [twelve] THIRTEEN  that  [added]  AMENDED  this
   23  [subdivision] PARAGRAPH.
   24    S 22. Intentionally omitted.
   25    S  22-a.  Section 3604 of the education law is amended by adding a new
   26  subdivision 7-b to read as follows:
   27    7-B. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  SEVEN  OF  THIS
   28  SECTION, FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR,
   29  THE  COMMISSIONER SHALL DISREGARD SUCH REDUCTION, UP TO TEN DAYS, IN THE
   30  APPORTIONMENT OF PUBLIC MONEY, IF THE SCHOOLS OF THE DISTRICT  WERE  NOT
   31  IN  SESSION  FOR  ONE  HUNDRED  EIGHTY  DAYS  BECAUSE OF EXTRAORDINARILY
   32  ADVERSE WEATHER CONDITIONS, FEDERAL DECLARATIONS OF NATURAL DISASTERS, A
   33  STATE DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE   EXECUTIVE
   34  LAW,  THE  CLOSING OF TRANSPORTATION ROUTES PURSUANT TO A DECLARED LOCAL
   35  STATE OF EMERGENCY, IMPAIRMENT OF HEATING FACILITIES,  INSUFFICIENCY  OF
   36  WATER  SUPPLY, SHORTAGE OF FUEL, LACK OF ELECTRICITY, OR THE DESTRUCTION
   37  OF A SCHOOL BUILDING EITHER IN WHOLE OR IN PART, AND  IF,  FURTHER,  THE
   38  DISTRICT SUPERINTENDENT CERTIFIES THAT SUCH DISTRICT CANNOT MAKE UP SUCH
   39  DAYS  OF  INSTRUCTION  BY  USING  FOR THE SECONDARY GRADES ALL SCHEDULED
   40  VACATION DAYS WHICH OCCUR PRIOR TO THE FIRST SCHEDULED  REGENTS EXAMINA-
   41  TION DAY IN JUNE, AND FOR THE ELEMENTARY GRADES ALL  SCHEDULED  VACATION
   42  DAYS  WHICH OCCUR PRIOR TO THE LAST SCHEDULED REGENTS EXAMINATION DAY IN
   43  JUNE; AND IF, FURTHER, THE  DISTRICT  SUPERINTENDENT  CERTIFIES  TO  THE
   44  COMMISSIONER  THAT  TO  DO  SO WOULD IMPERIL STUDENTS, FACULTY AND STAFF
   45  WHILE REPAIRS CONTINUE. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHEDULED
   46  VACATION DAYS" SHALL MEAN DAYS  ON WHICH THE SCHOOLS OF THE DISTRICT ARE
   47  NOT IN SESSION AND FOR WHICH NO PROHIBITION EXISTS IN SUBDIVISION  EIGHT
   48  OF THIS SECTION FOR THEM TO BE IN SESSION.
   49    S 23. Section 3627 of the education law is REPEALED, and a new section
   50  3627 is added to read as follows:
   51    S  3627.  TRANSPORTATION  AFTER  4PM.  1.  NOTWITHSTANDING  ANY  OTHER
   52  PROVISIONS OF THIS SECTION TO THE CONTRARY, FOR THE TWO  THOUSAND  THIR-
   53  TEEN--TWO  THOUSAND FOURTEEN SCHOOL YEAR, A CITY SCHOOL DISTRICT LOCATED
   54  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PROVIDING TRANSPOR-
   55  TATION PURSUANT TO THIS CHAPTER SHALL BE RESPONSIBLE FOR:
       S. 2607--D                         25                         A. 3007--D

    1    (A) PROVIDING TRANSPORTATION FOR THOSE CHILDREN ATTENDING  PUBLIC  AND
    2  NONPUBLIC  SCHOOLS  IN GRADES KINDERGARTEN THROUGH SIX WHO REMAIN AT THE
    3  SAME SCHOOL FOR WHICH THEY ARE ENROLLED FOR REGULARLY SCHEDULED ACADEMIC
    4  CLASSES FROM HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR
    5  O'CLOCK  IN THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE
    6  MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES THREE THROUGH  SIX,  AND
    7  AT  LEAST  ONE-HALF  MILE  FROM  THEIR  SCHOOL  OF ATTENDANCE FOR GRADES
    8  KINDERGARTEN THROUGH TWO OR
    9    (B) REIMBURSING THE COST INCURRED BY LICENSED TRANSPORTATION  CARRIERS
   10  PURSUANT  TO CONTRACTS WITH SUCH SCHOOL DISTRICT FOR PROVIDING TRANSPOR-
   11  TATION FOR THOSE CHILDREN ATTENDING  PUBLIC  AND  NONPUBLIC  SCHOOLS  IN
   12  GRADES  KINDERGARTEN THROUGH SIX WHO REMAIN AT THE SAME SCHOOL FOR WHICH
   13  THEY  ARE  ENROLLED  FOR  REGULARLY  SCHEDULED  ACADEMIC  CLASSES   FROM
   14  HALF-PAST  NINE  O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR O'CLOCK IN
   15  THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE  MILE  FROM
   16  THEIR  SCHOOL  OF  ATTENDANCE FOR GRADES THREE THROUGH SIX, AND AT LEAST
   17  ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE  FOR  GRADES  KINDERGARTEN
   18  THROUGH TWO.
   19    2.  NOTHING HEREIN SHALL PROHIBIT THE SCHOOL DISTRICT FROM REIMBURSING
   20  FOR COSTS INCURRED FOR CONTRACTS BETWEEN THE  SCHOOL  DISTRICT  AND  ANY
   21  ENTITY PROVIDING OR CONTRACTING FOR SUCH TRANSPORTATION SERVICE.
   22    3.  A  DISTRICT  SHALL  NOT BE DEEMED TO HAVE SATISFIED ITS OBLIGATION
   23  UNDER THIS SECTION BY PROVIDING PUBLIC SERVICE TRANSPORTATION.
   24    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
   25  EXPENDITURES FOR TRANSPORTATION PROVIDED PURSUANT TO THIS SECTION IN THE
   26  TWO  THOUSAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND OTHERWISE
   27  ELIGIBLE FOR TRANSPORTATION AID PURSUANT TO SUBDIVISION SEVEN OF SECTION
   28  THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  SHALL  BE  CONSIDERED  APPROVED
   29  TRANSPORTATION   EXPENSES  ELIGIBLE  FOR  TRANSPORTATION  AID,  PROVIDED
   30  FURTHER THAT SUCH AID SHALL BE LIMITED TO FIVE MILLION SIX HUNDRED THOU-
   31  SAND DOLLARS. AND PROVIDED FURTHER THAT SUCH EXPENDITURES  ELIGIBLE  FOR
   32  AID  UNDER THIS SECTION SHALL SUPPLEMENT NOT SUPPLANT LOCAL EXPENDITURES
   33  FOR SUCH TRANSPORTATION IN THE TWO THOUSAND TWELVE--TWO  THOUSAND  THIR-
   34  TEEN SCHOOL YEAR.
   35    5.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
   36  RY, IN NO EVENT SHALL SUCH CITY SCHOOL DISTRICT, IN ORDER TO COMPLY WITH
   37  THE REQUIREMENTS OF THIS SECTION, BE REQUIRED  TO  INCUR  ANY  COSTS  IN
   38  EXCESS  OF THE AMOUNT ELIGIBLE FOR TRANSPORTATION AID PURSUANT TO SUBDI-
   39  VISION FOUR OF THIS SECTION. IN THE EVENT SUCH AMOUNT  IS  INSUFFICIENT,
   40  THE  CITY  SCHOOL  DISTRICT  OF  NEW  YORK  SHALL PROVIDE TRANSPORTATION
   41  SERVICES WITHIN SUCH AMOUNT ON AN EQUITABLE BASIS, UNTIL SUCH APPORTION-
   42  MENT IS EXHAUSTED.
   43    6. THE CHANCELLOR OF SUCH SCHOOL DISTRICT, IN  CONSULTATION  WITH  THE
   44  COMMISSIONER,  SHALL PRESCRIBE THE MOST COST EFFECTIVE SYSTEM FOR IMPLE-
   45  MENTING THE REQUIREMENTS OF THIS SECTION, TAKING INTO CONSIDERATION: (A)
   46  THE COSTS ASSOCIATED WITH PARAGRAPHS (A) AND (B) OF SUBDIVISION  ONE  OF
   47  THIS  SECTION,  AND (B) POLICIES THAT ATTEMPT TO MAXIMIZE STUDENT SAFETY
   48  FOR THE STUDENT TO BE TRANSPORTED, WHICH FOR PURPOSES  OF  THIS  SECTION
   49  SHALL INCLUDE WHETHER THE PICK UP OR DROP OFF SITE OF THE TRANSPORTATION
   50  IS:
   51    (I) NOT FURTHER THAN 600 FEET FROM THE STUDENT'S RESIDENCE; AND/OR
   52    (II)  AT  THE  SAME LOCATIONS FOR ANY FAMILY THAT HAVE CHILDREN AT THE
   53  SAME RESIDENCE WHO ATTEND TWO OR MORE DIFFERENT SCHOOLS.
   54    7. (A) IN THE EVENT THE CHANCELLOR  HAS  NOT  SATISFIED  A  DISTRICT'S
   55  OBLIGATION  UNDER  THIS  SECTION,  A PARENT OR GUARDIAN OR ANY REPRESEN-
   56  TATIVE AUTHORIZED BY SUCH PARENT OR GUARDIAN  OF  A  CHILD  ELIGIBLE  TO
       S. 2607--D                         26                         A. 3007--D

    1  RECEIVE  TRANSPORTATION  UNDER THIS SECTION MAY REQUEST THE COMMISSIONER
    2  TO ARRANGE FOR THE PROVISION OF THE TRANSPORTATION  TO  SO  SATISFY  THE
    3  REQUIREMENTS OF THIS SECTION.
    4    (B)  IF WITHIN SIXTY DAYS OF RECEIVING A REQUEST FROM SUCH A PARENT OR
    5  GUARDIAN OR ANY REPRESENTATIVE AUTHORIZED BY SUCH  PARENT  OR  GUARDIAN,
    6  THE  COMMISSIONER  DETERMINES  THAT  THE  CHANCELLOR HAS NOT SATISFIED A
    7  DISTRICT'S OBLIGATION UNDER THIS SECTION, THEN  THE  COMMISSIONER  SHALL
    8  IMMEDIATELY  DIRECT THE CHANCELLOR TO CONTRACT WITH A LICENSED TRANSPOR-
    9  TATION CARRIER TO PROVIDE THE TRANSPORTATION REQUIRED PURSUANT  TO  THIS
   10  SECTION.
   11    (C)  IN  THE  EVENT  THE CHANCELLOR IS DIRECTED BY THE COMMISSIONER TO
   12  CONTRACT WITH A LICENSED TRANSPORTATION CARRIER TO PROVIDE THE TRANSPOR-
   13  TATION REQUIRED PURSUANT TO THIS SECTION, THE CHANCELLOR  SHALL  PROVIDE
   14  THE  COMMISSIONER  WITH  A  COPY  OF  SUCH  PROPOSED CONTRACT, BEFORE IT
   15  BECOMES EFFECTIVE, AND THE COMMISSIONER SHALL HAVE THE POWER TO APPROVE,
   16  DISAPPROVE OR REQUIRE AMENDMENTS TO SUCH CONTRACT BEFORE IT SHALL BECOME
   17  EFFECTIVE.
   18    (D) A DISTRICT, DETERMINED BY THE COMMISSIONER TO NOT BE IN COMPLIANCE
   19  WITH THE REQUIREMENTS OF THIS SECTION, SHALL BE RESPONSIBLE FOR THE COST
   20  OF ANY TRANSPORTATION CONTRACT AWARDED BY THE CHANCELLOR.
   21    8. THE PARENT OR GUARDIAN, OR ANY REPRESENTATIVE  AUTHORIZED  BY  SUCH
   22  PARENT  OR  GUARDIAN,  MAY  SUBMIT  A WRITTEN REQUEST FOR TRANSPORTATION
   23  UNDER THIS SECTION, IN THE SAME MANNER AND UPON THE SAME  DATES  AS  ARE
   24  REQUIRED FOR A REQUEST FOR TRANSPORTATION PURSUANT TO SUBDIVISION TWO OF
   25  SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   26    S 23-a. Intentionally omitted.
   27    S 23-b. Subdivision a of section 5 of chapter 121 of the laws of 1996,
   28  relating  to  authorizing  the  Roosevelt  union free school district to
   29  finance deficits by the issuance of serial bonds, as amended by  section
   30  27-b  of part A of chapter 57 of the laws of 2012, is amended to read as
   31  follows:
   32    a. Notwithstanding any other provisions of law,  upon  application  to
   33  the  commissioner of education submitted not sooner than April first and
   34  not later than June thirtieth of the applicable school year, the  Roose-
   35  velt  union  free school district shall be eligible to receive an appor-
   36  tionment pursuant to this chapter for salary expenses, including related
   37  benefits, incurred between April first and June thirtieth of such school
   38  year.  Such apportionment shall not exceed:  for the 1996-97 school year
   39  through  the  [2012-13]  2013-14  school  year,  four  million   dollars
   40  ($4,000,000);  for  the  [2013-14]  2014-15  school  year, three million
   41  dollars ($3,000,000); for  the  [2014-2015]  2015-16  school  year,  two
   42  million dollars ($2,000,000); for the [2015-16] 2016-17 school year, one
   43  million dollars ($1,000,000); and for the [2016-17] 2017-18 school year,
   44  zero  dollars.  Such annual application shall be made after the board of
   45  education has adopted a resolution to do so with  the  approval  of  the
   46  commissioner of education.
   47    S  24.  Subparagraphs (i) and (ii) of paragraph c of subdivision 11 of
   48  section 4410 of the education law, subparagraph (i) as amended by  chap-
   49  ter  82  of the laws of 1995 and subparagraph (ii) as amended by chapter
   50  205 of the laws of 2009, are amended to read as follows:
   51    (i) Each municipality, or, in addition, in the case of a city  of  one
   52  million  or  more persons, the board, may perform a fiscal audit of such
   53  services or programs for which it bears fiscal responsibility in accord-
   54  ance with audit standards established by  the  commissioner,  which  may
   55  include  site  visitation.  THE  DEPARTMENT  SHALL PROVIDE GUIDELINES ON
   56  STANDARDS AND PROCEDURES TO MUNICIPALITIES AND BOARDS, FOR FISCAL AUDITS
       S. 2607--D                         27                         A. 3007--D

    1  OF SERVICES OR PROGRAMS PURSUANT TO THIS SECTION. Prior to commencing  a
    2  fiscal  audit pursuant to this subparagraph, a municipality shall ascer-
    3  tain that neither the state nor any other municipality has  performed  a
    4  fiscal  audit of the same services or programs within the current fiscal
    5  year for such program. If it is determined that no such audit  has  been
    6  performed,  the municipality shall inquire with the department to deter-
    7  mine which other municipalities, if any, bear  financial  responsibility
    8  for  the  services or programs to be audited and shall afford such other
    9  municipalities an opportunity to recommend issues to be examined through
   10  the audit.  Municipalities completing audits pursuant to  this  subpara-
   11  graph  shall  provide  copies  to  the  department,  the provider of the
   12  services and programs and all other municipalities previously determined
   13  to bear financial responsibility for the audited services and  programs.
   14  No other municipality may conduct an additional fiscal audit of the same
   15  services or programs during such current fiscal year for such program.
   16    (ii)  Payments  made pursuant to this section by a municipality shall,
   17  upon conclusion of the July first to  June  thirtieth  school  year  for
   18  which  such  payment  was  made,  be subject to audit against the actual
   19  difference between such audited expenditures and revenues.  The  munici-
   20  pality  shall  submit  the results of any such audit to the commissioner
   21  and the commissioner of social services, if appropriate, for review and,
   22  if warranted, adjustment of the tuition and/or  maintenance  rates.  The
   23  municipality is authorized to recover overpayments made to a provider of
   24  special  services  or programs pursuant to this section as determined by
   25  the commissioner or the commissioner of health based upon their  adjust-
   26  ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
   27  MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
   28  HAVE  PAID  ONE  HUNDRED PERCENT OF THE DISALLOWED COSTS.  Such recovery
   29  may be accomplished by withholding such amount from any moneys  due  the
   30  provider  in  the current year, or by direct reimbursement.  THE COMMIS-
   31  SIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
   32  PROVISIONS OF THIS PARAGRAPH WITHIN SIXTY DAYS OF THE EFFECTIVE DATE  OF
   33  THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS
   34  SUBPARAGRAPH.
   35    S 24-a. Notwithstanding any provision of the law to the contrary,  for
   36  a school district with a penalty arising from the late filing of a final
   37  cost  report  pursuant to section 31 of part A of chapter 57 of the laws
   38  of 2012 where such  penalty  exceeds  $4,000,000  and  also  exceeds  30
   39  percent  of  such district's total general fund expenditures for 2010-11
   40  school year, the commissioner shall recover such penalty  in  ten  equal
   41  annual  installments  beginning  the  later  of June 2014 or June of the
   42  school year in which such district is notified of the penalty.  Provided
   43  further that such district may elect to make an initial payment no later
   44  than  thirty days in advance of the first annual installment which shall
   45  reduce the amount of each annual installment.
   46    S 25.  Paragraph a-1 of subdivision 11 of section 3602 of  the  educa-
   47  tion law, as amended by section 7 of part A of chapter 57 of the laws of
   48  2012, is amended to read as follows:
   49    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
   50  sion, for aid payable in the school years two thousand--two thousand one
   51  through two thousand nine--two thousand ten, and two  thousand  eleven--
   52  two thousand twelve through two thousand [twelve] THIRTEEN--two thousand
   53  [thirteen]  FOURTEEN,  the  commissioner  may set aside an amount not to
   54  exceed two million five hundred thousand dollars from the  funds  appro-
   55  priated  for  purposes  of  this  subdivision for the purpose of serving
   56  persons twenty-one years of age or older who have not been  enrolled  in
       S. 2607--D                         28                         A. 3007--D

    1  any  school  for  the  preceding school year, including persons who have
    2  received a high school diploma or high school  equivalency  diploma  but
    3  fail  to  demonstrate basic educational competencies as defined in regu-
    4  lation  by  the  commissioner,  when  measured  by accepted standardized
    5  tests, and who shall be eligible to attend employment preparation educa-
    6  tion programs operated pursuant to this subdivision.
    7    S 25-a. Subdivision 8 of section 4401 of the education law, as amended
    8  by chapter 57 of the laws of 1993, is amended to read as follows:
    9    8. "School district basic contribution" shall mean an amount equal  to
   10  the  total  school district local property and non-property tax levy for
   11  the base year divided by the base year public school district enrollment
   12  of resident pupils of the school district as defined in paragraph  n  of
   13  subdivision  one  of  section  thirty-six  hundred  two of this chapter,
   14  EXCEPT THAT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN  SCHOOL
   15  YEAR,  FOR SCHOOL DISTRICTS OTHER THAN CENTRAL HIGH SCHOOL DISTRICTS AND
   16  THEIR COMPONENTS, SUCH TAX LEVY FOR THE BASE YEAR SHALL  BE  DIVIDED  BY
   17  THE YEAR PRIOR TO THE BASE YEAR PUPIL COUNT AS DETERMINED BY THE COMMIS-
   18  SIONER  PURSUANT TO PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX
   19  HUNDRED TWO OF THIS CHAPTER FOR ANY SCHOOL DISTRICT IN WHICH  SUCH  YEAR
   20  PRIOR  TO THE BASE YEAR PUPIL COUNT EXCEEDS ONE HUNDRED FIFTY PERCENT OF
   21  SUCH BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT OF RESIDENT PUPILS.
   22    S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
   23  tion law relating to the lease of school buses by school  districts,  as
   24  amended  by  section  71 of part A of chapter 58 of the laws of 2011, is
   25  amended to read as follows:
   26    S 7. This act shall take effect September 1, 1998,  and  shall  expire
   27  and be deemed repealed September 1, [2013] 2015.
   28    S  27.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
   29  relating to funding a program for work force education conducted by  the
   30  consortium  for worker education in New York city, as amended by section
   31  13 of part A of chapter 57 of the laws of 2012, is amended  to  read  as
   32  follows:
   33    b.  Reimbursement for programs approved in accordance with subdivision
   34  a of this section [for the 2009-10 school year  shall  not  exceed  64.1
   35  percent of the lesser of such approvable costs per contact hour or elev-
   36  en  dollars  and  fifty  cents  per contact hour, reimbursement] for the
   37  2010--2011 school year shall not exceed 62.6 percent of  the  lesser  of
   38  such  approvable costs per contact hour or twelve dollars and five cents
   39  per contact hour, reimbursement for the 2011--2012 school year shall not
   40  exceed 62.9 percent of the lesser of such approvable costs  per  contact
   41  hour  or  twelve  dollars  and  fifteen  cents  per  contact hour, [and]
   42  reimbursement for the 2012--2013  school  year  shall  not  exceed  63.3
   43  percent  of  the  lesser  of  such  approvable costs per contact hour or
   44  twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
   45  FOR THE 2013--2014 SCHOOL YEAR SHALL NOT  EXCEED  62.3  PERCENT  OF  THE
   46  LESSER  OF  SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND
   47  SIXTY-FIVE CENTS PER CONTACT HOUR, where a contact hour represents sixty
   48  minutes of instruction services provided to an eligible adult.  Notwith-
   49  standing any other provision of law to the contrary,  [for  the  2009-10
   50  school  year  such  contact  hours  shall  not  exceed one million seven
   51  hundred sixty--three thousand  nine  hundred  seven  (1,763,907)  hours;
   52  whereas]  for  the  2010--2011  school year such contact hours shall not
   53  exceed one million five hundred twenty-five thousand one  hundred  nine-
   54  ty-eight  (1,525,198) hours; whereas for the 2011--2012 school year such
   55  contact hours shall not exceed one million seven  hundred  one  thousand
   56  five  hundred  seventy  (1,701,570)  hours;  whereas  for the 2012--2013
       S. 2607--D                         29                         A. 3007--D

    1  school year such contact hours shall not exceed one million six  hundred
    2  sixty-four  thousand  five hundred thirty-two (1,664,532) hours; WHEREAS
    3  FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED  ONE
    4  MILLION   SIX   HUNDRED  FORTY-NINE  THOUSAND  SEVEN  HUNDRED  FORTY-SIX
    5  (1,649,746) HOURS.  Notwithstanding any other provision of  law  to  the
    6  contrary,  the  apportionment calculated for the city school district of
    7  the city of New York pursuant to subdivision 11 of section 3602  of  the
    8  education law shall be computed as if such contact hours provided by the
    9  consortium  for  worker  education,  not to exceed the contact hours set
   10  forth herein, were eligible for aid in accordance with the provisions of
   11  such subdivision 11 of section 3602 of the education law.
   12    S 28. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
   13  ing  a  program for work force education conducted by the consortium for
   14  worker education in New York city, is amended by adding a  new  subdivi-
   15  sion r to read as follows:
   16    R.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
   17  COMPLETION OF PAYMENTS FOR THE 2013--2014 SCHOOL  YEAR.  NOTWITHSTANDING
   18  ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
   19  WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
   20  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
   21  COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
   22  TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
   23  AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   24    S 29. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
   25  ing  a  program for work force education conducted by the consortium for
   26  worker education in New York city, as amended by section 15 of part A of
   27  chapter 57 of the laws of 2012, is amended to read as follows:
   28    S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
   29  repealed on June 30, [2013] 2014.
   30    S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
   31  relating  to certain provisions related to the 1994-95 state operations,
   32  aid to localities, capital projects and debt service budgets, as amended
   33  by section 17 of part A of chapter 57 of the laws of 2012, is amended to
   34  read as follows:
   35    1. Sections one through seventy of this act shall be  deemed  to  have
   36  been  in  full  force  and effect as of April 1, 1994 provided, however,
   37  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
   38  through seventy of this act shall expire and be deemed repealed on March
   39  31, 2000; provided, however, that section twenty of this act shall apply
   40  only  to  hearings  commenced  prior  to September 1, 1994, and provided
   41  further that section twenty-six of this act shall expire and  be  deemed
   42  repealed  on  March  31,  1997;  and provided further that sections four
   43  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
   44  twenty-one-a of this act shall expire and be deemed  repealed  on  March
   45  31,  1997; and provided further that sections three, fifteen, seventeen,
   46  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
   47  deemed repealed on March 31, [2014] 2015.
   48    S  31. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
   49  of 1995, amending the education law and certain other laws  relating  to
   50  state  aid  to  school  districts and the appropriation of funds for the
   51  support of government, as amended by section 18 of part A of chapter  57
   52  of the laws of 2012, are amended to read as follows:
   53    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
   54  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
   55  take effect on July 1, 1995; provided, however, that section one hundred
       S. 2607--D                         30                         A. 3007--D

    1  thirteen of this act shall remain in full force and effect until July 1,
    2  [2013] 2014 at which time it shall be deemed repealed;
    3    (24)  sections one hundred eighteen through one hundred thirty of this
    4  act shall be deemed to have been in full force and effect on  and  after
    5  July 1, 1995; provided further, however, that the amendments made pursu-
    6  ant  to  section  one hundred nineteen of this act shall be deemed to be
    7  repealed on and after July 1, [2013] 2014;
    8    S 32. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    9  education  law  relating  to conditional appointment of school district,
   10  charter school or BOCES employees, as amended by section 20 of part A of
   11  chapter 57 of the laws of 2012, is amended to read as follows:
   12    S 12. This act shall take effect on the same date as  chapter  180  of
   13  the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
   14  upon such date the provisions of this act shall be deemed repealed.
   15    S 32-a. Subdivision 10 of section 6-p of the general municipal law, as
   16  amended  by section 30-a of part A of chapter 57 of the laws of 2012, is
   17  amended to read as follows:
   18    10. Notwithstanding any provision of law to the contrary, the  govern-
   19  ing board of a school district may, during the [two thousand twelve--two
   20  thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
   21  year, authorize a withdrawal from this fund in an amount not  to  exceed
   22  the  lesser  of:  (a)  the dollar value of excess funding in the fund as
   23  determined by the comptroller pursuant to section thirty-three  of  this
   24  chapter  or (b) the amount of the school district's remaining gap elimi-
   25  nation adjustment as calculated by the commissioner of education  pursu-
   26  ant  to  subdivision  seventeen of section thirty-six hundred two of the
   27  education law. Funds withdrawn pursuant to this subdivision may only  be
   28  used  for  the purpose of maintaining educational programming during the
   29  [two thousand twelve--two thousand thirteen] TWO THOUSAND  THIRTEEN--TWO
   30  THOUSAND FOURTEEN school year which otherwise would have been reduced as
   31  a result of such gap elimination adjustment. Governing boards which make
   32  such a withdrawal shall submit, in a form prescribed by the commissioner
   33  of  education,  relevant  information  about the withdrawal, which shall
   34  include but not be limited to, the amount of such withdrawal,  the  date
   35  of withdrawal, and the use of such withdrawn funds.
   36    S  33.  Section  4  of  chapter  425 of the laws of 2002, amending the
   37  education law relating to  the  provision  of  supplemental  educational
   38  services,  attendance  at  a  safe  public  school and the suspension of
   39  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
   40  amended  by  section  21 of part A of chapter 57 of the laws of 2012, is
   41  amended to read as follows:
   42    S 4. This act shall take effect July 1, 2002 and shall expire  and  be
   43  deemed repealed June 30, [2013] 2014.
   44    S  34.  Section  5  of  chapter  101 of the laws of 2003, amending the
   45  education law relating to implementation of the No Child Left Behind Act
   46  of 2001, as amended by section 22 of part A of chapter 57 of the laws of
   47  2012, is amended to read as follows:
   48    S 5. This act shall take effect immediately;  provided  that  sections
   49  one,  two  and  three of this act shall expire and be deemed repealed on
   50  June 30, [2013] 2014.
   51    S 35. School bus driver training. In addition to apportionments other-
   52  wise provided by section 3602 of the education law, for aid  payable  in
   53  the 2013--2014 school year, the commissioner of education shall allocate
   54  school  bus  driver  training  grants  to school districts and boards of
   55  cooperative education services pursuant to sections 3650-a,  3650-b  and
   56  3650-c of the education law, or for contracts directly with not-for-pro-
       S. 2607--D                         31                         A. 3007--D

    1  fit  educational  organizations  for  the purposes of this section. Such
    2  payments shall not exceed four hundred thousand dollars  ($400,000)  per
    3  school year.
    4    S  36.  Support  of  public libraries. The moneys appropriated for the
    5  support of public libraries by the chapter of the laws of 2013  enacting
    6  the  aid  to  localities  budget shall be apportioned for the 2013--2014
    7  state fiscal year in accordance with the  provisions  of  sections  271,
    8  272,  273,  282,  284,  and  285  of the education law as amended by the
    9  provisions of this chapter and the provisions of this act, provided that
   10  library construction aid pursuant to section 273-a of the education  law
   11  shall  not  be payable from the appropriations for the support of public
   12  libraries and provided  further  that  no  library,  library  system  or
   13  program, as defined by the commissioner of education, shall receive less
   14  total  system  or  program  aid than it received for the year 2001--2002
   15  except as a result of a reduction adjustment necessary to conform to the
   16  appropriations for support of public libraries.
   17    Notwithstanding any other provision of law to the contrary the  moneys
   18  appropriated for the support of public libraries for the year 2013--2014
   19  by  a  chapter of the laws of 2013 enacting the aid to localities budget
   20  shall fulfill the state's obligation to provide such aid  and,  pursuant
   21  to a plan developed by the commissioner of education and approved by the
   22  director of the budget, the aid payable to libraries and library systems
   23  pursuant  to  such  appropriations  shall  be reduced proportionately to
   24  assure that the total amount of aid payable does not  exceed  the  total
   25  appropriations for such purpose.
   26    S  37.  Special apportionment for salary expenses.  a. Notwithstanding
   27  any other provision of law, upon  application  to  the  commissioner  of
   28  education,  not  sooner  than  the first day of the second full business
   29  week of June, 2014 and not later than the last day  of  the  third  full
   30  business  week  of  June, 2014, a school district eligible for an appor-
   31  tionment pursuant to section 3602 of the education law shall be eligible
   32  to receive an apportionment pursuant to this  section,  for  the  school
   33  year  ending June 30, 2014, for salary expenses incurred between April 1
   34  and June 30, 2014 and such apportionment shall not exceed the sum of (i)
   35  the deficit reduction assessment of  1990--1991  as  determined  by  the
   36  commissioner  of  education, pursuant to paragraph f of subdivision 1 of
   37  section 3602 of the education law, as in effect through June  30,  1993,
   38  plus  (ii)  186  percent  of such amount for a city school district in a
   39  city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
   40  209  percent  of such amount for a city school district in a city with a
   41  population of more than 195,000 inhabitants and less than 219,000 inhab-
   42  itants according to the latest federal census, plus  (iv)  the  net  gap
   43  elimination adjustment for 2010--2011, as determined by the commissioner
   44  of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
   45  gap elimination adjustment for 2011--2012 as determined by  the  commis-
   46  sioner  of  education  pursuant to subdivision 17 of section 3602 of the
   47  education law, and provided further that such  apportionment  shall  not
   48  exceed  such salary expenses. Such application shall be made by a school
   49  district, after the board of education or trustees have adopted a resol-
   50  ution to do so and in the case of a city school district in a city  with
   51  a  population in excess of 125,000 inhabitants, with the approval of the
   52  mayor of such city.
   53    b. The claim for an apportionment to be  paid  to  a  school  district
   54  pursuant  to  subdivision  a  of  this section shall be submitted to the
   55  commissioner of education on a form prescribed  for  such  purpose,  and
   56  shall  be  payable upon determination by such commissioner that the form
       S. 2607--D                         32                         A. 3007--D

    1  has been submitted as prescribed. Such approved amounts shall be payable
    2  on the same day in September of the school year following  the  year  in
    3  which  application  was  made as funds provided pursuant to subparagraph
    4  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    5  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    6  certified or approved by the commissioner of  education  in  the  manner
    7  prescribed  by  law  from  moneys in the state lottery fund and from the
    8  general fund to the extent that the amount paid  to  a  school  district
    9  pursuant  to  this  section  exceeds the amount, if any, due such school
   10  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
   11  section 3609-a of the education law in the  school  year  following  the
   12  year in which application was made.
   13    c.  Notwithstanding  the provisions of section 3609-a of the education
   14  law, an amount equal to the amount paid to a school district pursuant to
   15  subdivisions a and b of this section shall first be  deducted  from  the
   16  following  payments  due  the  school  district  during  the school year
   17  following the year in which application was made  pursuant  to  subpara-
   18  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
   19  section 3609-a of the education law in the following order: the  lottery
   20  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
   21  followed by the fixed fall payments payable pursuant to subparagraph (4)
   22  of such paragraph and then followed by the district's  payments  to  the
   23  teachers'  retirement  system pursuant to subparagraph (1) of such para-
   24  graph, and any remainder to be deducted from the individualized payments
   25  due the district pursuant to paragraph b of such  subdivision  shall  be
   26  deducted on a chronological basis starting with the earliest payment due
   27  the district.
   28    S  38. Special apportionment for public pension accruals. a.  Notwith-
   29  standing any other provision of law, upon application to the commission-
   30  er of education, not later than June 30, 2014, a school district  eligi-
   31  ble  for  an apportionment pursuant to section 3602 of the education law
   32  shall be eligible to receive an apportionment pursuant to this  section,
   33  for  the  school  year ending June 30, 2014 and such apportionment shall
   34  not exceed the  additional  accruals  required  to  be  made  by  school
   35  districts  in the 2004--2005 and 2005--2006 school years associated with
   36  changes for such public pension liabilities. The amount  of  such  addi-
   37  tional  accrual  shall  be certified to the commissioner of education by
   38  the president of the board of education or the trustees or, in the  case
   39  of  a  city  school  district  in  a city with a population in excess of
   40  125,000 inhabitants, the mayor of such city. Such application  shall  be
   41  made by a school district, after the board of education or trustees have
   42  adopted  a resolution to do so and in the case of a city school district
   43  in a city with a population in excess of 125,000 inhabitants,  with  the
   44  approval of the mayor of such city.
   45    b.  The  claim  for  an  apportionment to be paid to a school district
   46  pursuant to subdivision a of this section  shall  be  submitted  to  the
   47  commissioner  of  education  on  a form prescribed for such purpose, and
   48  shall be payable upon determination by such commissioner that  the  form
   49  has been submitted as prescribed. Such approved amounts shall be payable
   50  on  the  same  day in September of the school year following the year in
   51  which application was made as funds provided  pursuant  to  subparagraph
   52  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
   53  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
   54  certified or approved by the commissioner of  education  in  the  manner
   55  prescribed  by  law  from  moneys in the state lottery fund and from the
   56  general fund to the extent that the amount paid  to  a  school  district
       S. 2607--D                         33                         A. 3007--D

    1  pursuant  to  this  section  exceeds the amount, if any, due such school
    2  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    3  section 3609-a of the education law in the  school  year  following  the
    4  year in which application was made.
    5    c.  Notwithstanding  the provisions of section 3609-a of the education
    6  law, an amount equal to the amount paid to a school district pursuant to
    7  subdivisions a and b of this section shall first be  deducted  from  the
    8  following  payments  due  the  school  district  during  the school year
    9  following the year in which application was made  pursuant  to  subpara-
   10  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
   11  section 3609-a of the education law in the following order: the  lottery
   12  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
   13  followed by the fixed fall payments payable pursuant to subparagraph (4)
   14  of such paragraph and then followed by the district's  payments  to  the
   15  teachers'  retirement  system pursuant to subparagraph (1) of such para-
   16  graph, and any remainder to be deducted from the individualized payments
   17  due the district pursuant to paragraph b of such  subdivision  shall  be
   18  deducted on a chronological basis starting with the earliest payment due
   19  the district.
   20    S  39.  a.  Notwithstanding  any  other law, rule or regulation to the
   21  contrary, any moneys appropriated to the state education department  may
   22  be  suballocated  to  other state departments or agencies, as needed, to
   23  accomplish the intent of the specific appropriations contained therein.
   24    b. Notwithstanding any other law, rule or regulation to the  contrary,
   25  moneys  appropriated  to the state education department from the general
   26  fund/aid to localities,  local  assistance  account-001,  shall  be  for
   27  payment  of  financial  assistance,  as scheduled, net of disallowances,
   28  refunds, reimbursement and credits.
   29    c. Notwithstanding any other law, rule or regulation to the  contrary,
   30  all  moneys  appropriated  to  the state education department for aid to
   31  localities shall be available for payment of aid heretofore or hereafter
   32  to accrue and may be suballocated to other departments and  agencies  to
   33  accomplish the intent of the specific appropriations contained therein.
   34    d.  Notwithstanding any other law, rule or regulation to the contrary,
   35  moneys appropriated  to  the  state  education  department  for  general
   36  support  for  public  schools may be interchanged with any other item of
   37  appropriation for general support for public schools within the  general
   38  fund  local  assistance  account office of prekindergarten through grade
   39  twelve education programs.
   40    S 40. Notwithstanding the provision of any law, rule, or regulation to
   41  the contrary, the city school district of the city  of  Rochester,  upon
   42  the  consent  of  the  board  of cooperative educational services of the
   43  supervisory district serving its geographic  region  may  purchase  from
   44  such  board  for  the  2013--2014 school year, as a non-component school
   45  district, services required by article 19 of the education law.
   46    S 41. The amounts specified in this section shall be a  setaside  from
   47  the  state  funds  which  each such district is receiving from the total
   48  foundation aid:
   49    a. for the purpose of the development,  maintenance  or  expansion  of
   50  magnet schools or magnet school programs for the 2013--2014 school year.
   51  To  the city school district of the city of New York there shall be paid
   52  forty-eight  million   one   hundred   seventy-five   thousand   dollars
   53  ($48,175,000) including five hundred thousand dollars ($500,000) for the
   54  Andrew  Jackson  High School; to the Buffalo city school district, twen-
   55  ty-one  million  twenty-five  thousand  dollars  ($21,025,000);  to  the
   56  Rochester  city  school district, fifteen million dollars ($15,000,000);
       S. 2607--D                         34                         A. 3007--D

    1  to  the  Syracuse  city  school  district,  thirteen   million   dollars
    2  ($13,000,000);  to  the Yonkers city school district, forty-nine million
    3  five hundred thousand dollars ($49,500,000); to the Newburgh city school
    4  district,   four   million   six  hundred  forty-five  thousand  dollars
    5  ($4,645,000); to the Poughkeepsie city school district, two million four
    6  hundred seventy-five thousand dollars ($2,475,000); to the Mount  Vernon
    7  city  school  district,  two  million  dollars  ($2,000,000); to the New
    8  Rochelle city school district, one million  four  hundred  ten  thousand
    9  dollars  ($1,410,000);  to  the  Schenectady  city  school district, one
   10  million eight hundred thousand dollars ($1,800,000); to the Port Chester
   11  city school district, one million one  hundred  fifty  thousand  dollars
   12  ($1,150,000);  to  the  White  Plains city school district, nine hundred
   13  thousand dollars ($900,000); to the Niagara Falls city school  district,
   14  six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
   15  district,  three   million   five   hundred   fifty   thousand   dollars
   16  ($3,550,000);  to  the  Utica  city school district, two million dollars
   17  ($2,000,000); to the Beacon city school district, five hundred sixty-six
   18  thousand dollars ($566,000); to the  Middletown  city  school  district,
   19  four  hundred  thousand  dollars  ($400,000); to the Freeport union free
   20  school district, four hundred thousand dollars ($400,000); to the Green-
   21  burgh  central  school  district,   three   hundred   thousand   dollars
   22  ($300,000);  to  the Amsterdam city school district, eight hundred thou-
   23  sand dollars ($800,000); to the  Peekskill  city  school  district,  two
   24  hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
   25  district, four hundred thousand dollars ($400,000).
   26    b. notwithstanding the provisions of subdivision a of this section,  a
   27  school  district receiving a grant pursuant to this section may use such
   28  grant funds for: (i) any instructional or  instructional  support  costs
   29  associated  with  the operation of a magnet school; or (ii) any instruc-
   30  tional or instructional support costs associated with implementation  of
   31  an alternative approach to reduction of racial isolation and/or enhance-
   32  ment of the instructional program and raising of standards in elementary
   33  and  secondary  schools  of  school districts having substantial concen-
   34  trations of minority students. The commissioner of education  shall  not
   35  be authorized to withhold magnet grant funds from a school district that
   36  used  such  funds in accordance with this paragraph, notwithstanding any
   37  inconsistency with a request for proposals issued by such commissioner.
   38    c. for the purpose of attendance improvement  and  dropout  prevention
   39  for  the  2013--2014 school year, for any city school district in a city
   40  having a population of more than one million, the setaside  for  attend-
   41  ance improvement and dropout prevention shall equal the amount set aside
   42  in the base year. For the 2013--2014 school year, it is further provided
   43  that any city school district in a city having a population of more than
   44  one  million shall allocate at least one-third of any increase from base
   45  year levels in funds set aside pursuant  to  the  requirements  of  this
   46  subdivision  to  community-based  organizations.  Any  increase required
   47  pursuant to this subdivision to community-based organizations must be in
   48  addition to allocations provided to community-based organizations in the
   49  base year.
   50    d. for the purpose of teacher support for the 2013--2014 school  year:
   51  to  the  city school district of the city of New York, sixty-two million
   52  seven hundred seven thousand dollars ($62,707,000); to the Buffalo  city
   53  school  district,  one  million seven hundred forty-one thousand dollars
   54  ($1,741,000); to the Rochester city school district, one million  seven-
   55  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
   56  district,  one  million  one  hundred   forty-seven   thousand   dollars
       S. 2607--D                         35                         A. 3007--D

    1  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
    2  nine thousand dollars ($809,000). All funds made available to  a  school
    3  district  pursuant to this subdivision shall be distributed among teach-
    4  ers  including prekindergarten teachers and teachers of adult vocational
    5  and academic subjects in accordance with this subdivision and  shall  be
    6  in  addition  to  salaries  heretofore  or  hereafter negotiated or made
    7  available; provided, however, that all  funds  distributed  pursuant  to
    8  this  section  for  the  current year shall be deemed to incorporate all
    9  funds distributed pursuant to former subdivision 27 of section  3602  of
   10  the  education law for prior years. In school districts where the teach-
   11  ers are represented by certified or recognized  employee  organizations,
   12  all salary increases funded pursuant to this section shall be determined
   13  by separate collective negotiations conducted pursuant to the provisions
   14  and  procedures  of article 14 of the civil service law, notwithstanding
   15  the existence of a negotiated agreement between a school district and  a
   16  certified or recognized employee organization.
   17    S 42. Severability. The provisions of this act shall be severable, and
   18  if  the  application  of  any  clause, sentence, paragraph, subdivision,
   19  section or part of this act to  any  person  or  circumstance  shall  be
   20  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
   21  judgment shall not necessarily affect, impair or invalidate the applica-
   22  tion of any such clause, sentence, paragraph, subdivision, section, part
   23  of this act or remainder thereof, as the  case  may  be,  to  any  other
   24  person  or  circumstance,  but shall be confined in its operation to the
   25  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
   26  directly  involved  in the controversy in which such judgment shall have
   27  been rendered.
   28    S 43. This act shall take effect immediately, and shall be  deemed  to
   29  have been in full force and effect on and after April 1, 2013, provided,
   30  however, that:
   31    1. Section five of this act shall take effect immediately and shall be
   32  deemed  to have been in full force and effect on and after July 1, 2010;
   33  provided, further, that the amendments to subdivision 1 of section  2856
   34  of  the  education law made by section five of this act shall be subject
   35  to the expiration and reversion of such subdivision pursuant to  section
   36  27  of  chapter 378 of the laws of 2007, as amended, when upon such date
   37  the provisions of section six of this act shall take effect;
   38    2. Section seven-a of this act shall expire and be deemed repealed May
   39  1, 2014; provided that the expiration and repeal of such  section  shall
   40  not  affect  the  duration of any annual professional performance review
   41  plan implemented on or before the expiration and repeal of such  section
   42  or  the  ability of school districts and collective bargaining represen-
   43  tatives representing classroom teachers and building principals to enter
   44  into a new or amended agreement pursuant to section 3012-c of the educa-
   45  tion law;
   46    3. Section nine of this act shall take effect July 1, 2014;
   47    4. Sections one, eight-a, eleven, twelve, fourteen, fifteen, nineteen,
   48  twenty-one, twenty-three, twenty-five, twenty-seven, twenty-eight, thir-
   49  ty-two-a, thirty-five and forty-one of this act shall take  effect  July
   50  1, 2013;
   51    5.    The  amendments  to  section 2590-h of the education law made by
   52  section twenty-a of this act shall not affect  the  expiration  of  such
   53  section and shall be deemed to expire therewith;
   54    6.  The  amendments  to subdivision 6 of section 4402 of the education
   55  law made by section twenty-one of this act shall not affect  the  repeal
   56  of such subdivision and shall be deemed repealed therewith;
       S. 2607--D                         36                         A. 3007--D

    1    7.  The  amendments  to  chapter  756 of the laws of 1992, relating to
    2  funding a program for work force education conducted by a consortium for
    3  worker education in New York city, made  by  sections  twenty-seven  and
    4  twenty-eight of this act shall not affect the repeal of such chapter and
    5  shall be deemed repealed therewith;
    6    8. Section thirty-nine of this act shall expire and be deemed repealed
    7  June 30, 2014; and
    8    9.  Section  eighteen of this act shall be deemed to have been in full
    9  force and effect on and after July 1, 2012.

   10                                   PART B

   11    Section 1. Section 350 of the education law is amended by adding  four
   12  new subdivisions 10, 11, 12 and 13 to read as follows:
   13    10.  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
   14  PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE  PUBLIC  AUTHORITIES
   15  LAW.
   16    11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
   17  FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
   18  TIES.
   19    12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
   20  PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
   21  OF THE PUBLIC AUTHORITIES LAW.
   22    13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
   23  DORMITORY  AUTHORITY  (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
   24  THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES  OR
   25  REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
   26  RY  FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
   27  CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
   28  FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS  OR  NOTES,  TO  FUND  ANY
   29  RESERVE  ESTABLISHED  FOR  THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
   30  ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT  OF
   31  ANY  NOTE  OR  BOND  PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
   32  PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE  FUND
   33  AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
   34    S  2.  Subdivision 2 of section 355 of the education law is amended by
   35  adding a new paragraph y to read as follows:
   36    Y. TO BETTER SECURE DORMITORY AUTHORITY  BONDS  ISSUED  IN  CONNECTION
   37  WITH  DORMITORY  FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,
   38  THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN  NAME,
   39  TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
   40  THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
   41  RY  FACILITY  REVENUES,  AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
   42  AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  EIGHT-
   43  Y-Q  OF  THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
   44  TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE  PURSUANT  TO  THIS  PARAGRAPH
   45  SHALL  CONSTITUTE  A  TRUE  SALE  AND ABSOLUTE TRANSFER OF THE DORMITORY
   46  FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
   47  SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
   48  UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
   49  ITIES REVENUES OR OF ANY RESIDUAL RIGHT  TO  PAYMENT  OF  ANY  DORMITORY
   50  FACILITY  REVENUES  REMAINING  IN  THE DORMITORY FACILITIES REVENUE FUND
   51  AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH  PARAGRAPH
   52  (B)  OF  SUBDIVISION  THREE  OF  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
   53  PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST  IN  AND  TO  ANY
   54  MONEYS  PAID  TO  OR  UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
       S. 2607--D                         37                         A. 3007--D

    1  PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
    2  STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
    3  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
    4  ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
    5  TWO  OF  SECTION  SIXTEEN  HUNDRED  EIGHTY OF THE PUBLIC AUTHORITIES LAW
    6  SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
    7  ERTY OF THE STATE UNIVERSITY OF NEW YORK, AND  THE  DORMITORY  AUTHORITY
    8  SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
    9    S  3. Subdivision 8 of section 355 of the education law, as amended by
   10  chapter 553 of the laws of 1985, is amended to read as follows:
   11    8. [All] EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys  received  by
   12  the  state  university  of  New  York and by state-operated institutions
   13  thereof from appropriations,  tuition,  fees,  user  charges,  sales  of
   14  products  and services and from all other sources, including sources and
   15  activities of the state university which are intended by law to be self-
   16  supporting may be credited to an appropriate fund or funds to be  desig-
   17  nated  by  the  state comptroller. The amounts so paid into such fund or
   18  funds which were received by or for the state university shall  be  used
   19  for  expenses of the state university in carrying out any of its objects
   20  and purposes and such amounts received by or for  state-operated  insti-
   21  tutions  of the state university shall be used for expenses of the state
   22  university under regulations prescribed by the  state  university  trus-
   23  tees.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
   24  DORMITORY  FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY BY
   25  ASSIGNMENT OR OTHERWISE PURSUANT TO PARAGRAPH Y OF  SUBDIVISION  TWO  OF
   26  THIS  SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS AGENT
   27  FOR THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID  WITHOUT
   28  APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
   29  ANT  TO  SUBDIVISION  FOUR  OF SECTION FOUR OF THE STATE FINANCE LAW FOR
   30  DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
   31    S 4. The public authorities law is amended by  adding  a  new  section
   32  1680-q to read as follows:
   33    S  1680-Q.  STATE  UNIVERSITY OF NEW YORK DORMITORY FACILITIES.  1. AS
   34  USED IN OR REFERRED TO IN  THIS  SECTION,  UNLESS  A  DIFFERENT  MEANING
   35  APPEARS  FROM  THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
   36  RESPECTIVE MEANINGS:
   37    (A) "AGREEMENT" MEANS AN AGREEMENT BY AND BETWEEN  THE  AUTHORITY  AND
   38  THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.
   39    (B)  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
   40  PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   41    (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
   42  FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
   43  TIES.
   44    (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
   45  PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  SEVENTY-SIX
   46  OF THIS TITLE.
   47    (E)  "DORMITORY  FACILITY  REVENUE BOND" MEANS ANY NOTE OR BOND OF THE
   48  AUTHORITY (I) ISSUED ON OR AFTER THE FIRST DAY OF  APRIL,  TWO  THOUSAND
   49  THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
   50  ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
   51  ITIES,  INCLUDING  NOTES  OR  BONDS  ISSUED  TO  PAY  COSTS  INCURRED IN
   52  CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
   53  FOR THE PAYMENT OF DEBT SERVICE ON  SUCH  BONDS,  TO  FUND  ANY  RESERVE
   54  ESTABLISHED  FOR  THE  IMPROVEMENT, REPAIR, MAINTENANCE OR OPERATIONS OF
   55  DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT OF  ANY  NOTE
   56  OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
       S. 2607--D                         38                         A. 3007--D

    1  MONEYS  ON  DEPOSIT  IN THE DORMITORY FACILITIES REVENUE FUND AND IS NOT
    2  PAYABLE FROM ANY REVENUE OF THE STATE.
    3    (F)  "PRIOR  DORMITORY  FACILITY  BOND"  MEANS ANY NOTE OR BOND OF THE
    4  AUTHORITY  ISSUED  PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN  IN
    5  CONNECTION WITH DORMITORY FACILITIES.
    6    (G)  "STATE  UNIVERSITY"  MEANS  THE  STATE  UNIVERSITY OF NEW YORK, A
    7  CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
    8  SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
    9  OF THE EDUCATION LAW.
   10    2. THE AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO  THOUSAND  THIR-
   11  TEEN,  ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED
   12  NINE HUNDRED FORTY-FOUR MILLION DOLLARS.  NOTWITHSTANDING ANY OTHER RULE
   13  OR LAW, SUCH BONDS SHALL NOT BE A DEBT OF THE STATE OF NEW YORK  OR  THE
   14  STATE  UNIVERSITY  NOR SHALL THE STATE OR THE STATE UNIVERSITY BE LIABLE
   15  THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE  OF
   16  THE  AUTHORITY  CONSTITUTING DORMITORY FACILITIES REVENUES.  SUCH AMOUNT
   17  SHALL BE EXCLUSIVE OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND OR
   18  FUNDS, COST OF ISSUANCE, ORIGINAL ISSUE PREMIUM, AND TO REFUND ANY PRIOR
   19  DORMITORY FACILITY BONDS OR ANY DORMITORY FACILITY  REVENUE  BONDS.  THE
   20  AUTHORITY  AND  THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO
   21  AGREEMENTS RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF  PROPERTY
   22  OR  INTERESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION,
   23  IMPROVEMENT, EQUIPPING AND FURNISHING OF DORMITORY FACILITIES, THE OPER-
   24  ATION  AND  MAINTENANCE  OF  DORMITORY  FACILITIES,  AND  THE   BILLING,
   25  COLLECTION  AND DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE
   26  TO WHICH HAS BEEN CONVEYED, ASSIGNED OR  OTHERWISE  TRANSFERRED  TO  THE
   27  AUTHORITY  PURSUANT  TO  PARAGRAPH Y OF SUBDIVISION TWO OF SECTION THREE
   28  HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.  IN NO EVENT  SHALL  THE  STATE
   29  UNIVERSITY  HAVE ANY OBLIGATION UNDER THE AGREEMENT TO MAKE PAYMENT WITH
   30  RESPECT TO, ON ACCOUNT OF OR TO PAY DORMITORY FACILITIES REVENUE  BONDS,
   31  AND  SUCH  BONDS  SHALL  BE PAYABLE SOLELY FROM THE DORMITORY FACILITIES
   32  REVENUES ASSIGNED TO THE AUTHORITY BY THE STATE  UNIVERSITY.    NO  DEBT
   33  SHALL  BE  CONTRACTED  EXCEPT  TO  FINANCE  CAPITAL  WORKS  OR PURPOSES.
   34  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, DORMITORY FACILITY  REVENUES
   35  SHALL  NOT  BE  DEEMED TO BE REVENUES OF THE STATE.  NOTWITHSTANDING ANY
   36  OTHER RULE OR LAW, THE STATE SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY
   37  DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT  OF
   38  THE  STATE  AND  SHALL  NOT  BE  PAYABLE OUT OF ANY FUNDS OTHER THAN THE
   39  DORMITORY FACILITIES REVENUES ASSIGNED TO THE  AUTHORITY  BY  THE  STATE
   40  UNIVERSITY.
   41    3.  (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER
   42  OF TAXATION AND FINANCE A SPECIAL FUND TO  BE  KNOWN  AS  THE  DORMITORY
   43  FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
   44  ITIES  REVENUES  CONVEYED,  ASSIGNED  OR  OTHERWISE  TRANSFERRED  TO THE
   45  AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO  OF  SECTION  THREE
   46  HUNDRED  FIFTY-FIVE  OF  THE  EDUCATION  LAW,  WHICH UPON RECEIPT BY THE
   47  COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
   48  HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
   49  FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS  IN  THE  FUND
   50  SHALL  BE  THE  SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS
   51  HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND  NOT  COMMIN-
   52  GLED  WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF
   53  THE COMMISSIONER OF TAXATION AND FINANCE.  ALL DEPOSITS OF MONEYS SHALL,
   54  IF REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, BE  SECURED  BY
   55  OBLIGATIONS  OF  THE  UNITED  STATES OF AMERICA OR OF THE STATE HAVING A
   56  MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS  AND  ALL
       S. 2607--D                         39                         A. 3007--D

    1  BANKS  AND  TRUST  COMPANIES  ARE  AUTHORIZED  TO GIVE SECURITY FOR SUCH
    2  DEPOSITS. ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE  COMMIS-
    3  SIONER  OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED IN
    4  SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
    5  TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
    6  NOT  LATER  THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
    7  FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING  CALENDAR
    8  MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
    9  ING CALENDAR MONTH.
   10    (B)  DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
   11  DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING  CALENDAR  YEAR,
   12  THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
   13  ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
   14  THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY  THE
   15  AUTHORITY  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION. ANY MONEYS
   16  REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF  THE  AMOUNT  SO
   17  CERTIFIED  SHALL  BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN
   18  ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND  TO
   19  ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
   20  THE  AGREEMENT  SHALL  VEST  IN THE STATE UNIVERSITY AND BE THE ABSOLUTE
   21  PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
   22  ANY INTEREST IN SUCH MONEYS.
   23    (C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY  OF  JUNE  OF
   24  EACH  CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE
   25  AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF  THE  RENTALS,  INCLUDING
   26  THE  AMOUNTS  REQUIRED  FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON
   27  PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE  UNIVER-
   28  SITY  TO  THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE
   29  SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
   30  ANT TO THE AGREEMENT BETWEEN THE AUTHORITY  AND  THE  STATE  UNIVERSITY,
   31  DATED   AS   OF   THE  TWENTIETH  DAY  OF  SEPTEMBER,  NINETEEN  HUNDRED
   32  NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO  MAIN-
   33  TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
   34  OR  THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
   35  WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT  REQUIRED  FOR
   36  PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
   37  RY  REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE
   38  ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD  AND  ON  JULY  FIRST  NEXT
   39  SUCCEEDING  SUCH  TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN-
   40  TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
   41  OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN  CONNECTION
   42  WITH  THE  DORMITORY  FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO
   43  RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
   44  TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE  COSTS,  EXPENSES  AND
   45  OVERHEAD  OF  THE  DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE
   46  MONTH PERIOD IN CONNECTION WITH  AND  REASONABLY  RELATED  TO  DORMITORY
   47  FACILITIES  FINANCED  THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE
   48  BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY  STATED  AND  IDENTIFIED  IN
   49  SUCH  CERTIFICATE.  ANY  SUCH  CERTIFICATE  SUBMITTED  BY  THE DORMITORY
   50  AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS
   51  NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE  MONEYS  PAID  TO
   52  THE  AUTHORITY  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
   53  APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH  THE  AMOUNTS
   54  SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
   55     4.  (A)  THE  DORMITORY  AUTHORITY,  IN  CONSULTATION  WITH THE STATE
   56  UNIVERSITY OF NEW YORK, SHALL PREPARE AN ANNUAL REPORT DUE ON  SEPTEMBER
       S. 2607--D                         40                         A. 3007--D

    1  THIRTIETH,  COMMENCING ON SEPTEMBER THIRTIETH, TWO THOUSAND FOURTEEN, OF
    2  EVERY CALENDAR YEAR RELATING TO THE PROVISIONS OF PARAGRAPH Y OF  SUBDI-
    3  VISION  TWO  OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW AS
    4  ADDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS
    5  SECTION;  SUBDIVISION  EIGHT  OF SECTION THREE HUNDRED FIFTY-FIVE OF THE
    6  EDUCATION LAW AS AMENDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND  THIR-
    7  TEEN  WHICH  ADDED  THIS  SECTION;  AND  THIS  SECTION. THE REPORT SHALL
    8  INCLUDE, BUT NOT BE LIMITED  TO:  (I)  THE  TOTAL  DORMITORY  FACILITIES
    9  REVENUES  ASSIGNED OR OTHERWISE TRANSFERRED FROM THE STATE UNIVERSITY OF
   10  NEW YORK TO THE DORMITORY AUTHORITY IN THE PRIOR STATE UNIVERSITY FISCAL
   11  YEAR AND THE SUM OF SUCH TRANSFERS MADE IN THE FIVE PRIOR FISCAL  YEARS;
   12  (II)  THE  SUM OF MONIES, IF ANY, TRANSFERRED TO THE STATE UNIVERSITY OF
   13  NEW YORK FROM THE DORMITORY FACILITIES REVENUE FUND IN THE  PRIOR  STATE
   14  UNIVERSITY  FISCAL YEAR; (III) A LIST OF ANY INCREASE IN RENTS, FEES AND
   15  OTHER  CHARGES  THAT  RELATE  TO  DORMITORY  FACILITIES  PER  CAMPUS  TO
   16  STUDENTS;  (IV) A SUMMARY OF ALL COSTS ASSOCIATED WITH THE CONSTRUCTION,
   17  RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT,  EQUIPPING,   FURNISHING,
   18  REPAIR,  MAINTENANCE  AND  OPERATIONS  OF  DORMITORY FACILITIES THAT THE
   19  DORMITORY AUTHORITY FUNDED WITH DORMITORY FACILITIES  REVENUES  AND  THE
   20  PROCEEDS  OF  DORMITORY FACILITY REVENUE BONDS; (V) A SUMMARY AND JUSTI-
   21  FICATION  OF  DORMITORY  AUTHORITY  ADMINISTRATIVE  EXPENSES  AND  COSTS
   22  INCURRED  RELATED  TO  THE  DORMITORY  FACILITIES REVENUE FUND; (VI) THE
   23  ISSUANCE AMOUNTS, DEBT SERVICE COSTS AND SAVINGS, IF ANY, OF  ALL  STATE
   24  UNIVERSITY  OF NEW YORK DORMITORY BONDS ISSUED PRIOR TO APRIL FIRST, TWO
   25  THOUSAND THIRTEEN AND REFINANCED BY THE DORMITORY AUTHORITY WITH  DORMI-
   26  TORY FACILITY REVENUE BONDS; (VII) TOTAL AMOUNT OF DEBT SERVICE PAYMENTS
   27  MADE  PER  YEAR ON DORMITORY FACILITY REVENUE BONDS; AND (VIII) AN ESTI-
   28  MATED DATE WHEN THE DORMITORY AUTHORITY  WILL  REACH  THE  NINE  HUNDRED
   29  FORTY-FOUR MILLION DOLLAR CAP ON DORMITORY FACILITY REVENUE BONDS.
   30    (B)  THE  REPORT  AUTHORIZED BY THIS SECTION SHALL BE SUBMITTED TO THE
   31  GOVERNOR, THE DIRECTOR OF THE BUDGET, THE SPEAKER OF THE  ASSEMBLY,  THE
   32  TEMPORARY  PRESIDENT  OF  THE  SENATE, CHAIRS OF THE SENATE AND ASSEMBLY
   33  HIGHER EDUCATION COMMITTEES, THE CHAIR OF THE SENATE  FINANCE  COMMITTEE
   34  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   35    S  5.  For  the purposes of paragraphs (b) and (c) of subdivision 3 of
   36  section 1680-q of the public authorities law, as added by  section  four
   37  of this act, the dormitory authority shall, within thirty days after the
   38  date  on  which this act shall become effective, make and deliver to the
   39  commissioner of taxation and finance and the  state  university  of  New
   40  York  a  certification  in the form and substance required by such para-
   41  graph (c) with respect to amounts required for the items specified ther-
   42  ein during the period from the effective date of this act to and includ-
   43  ing the thirtieth day of June, 2013,  and,  if  this  act  shall  become
   44  effective after the first day of June, 2013, for the twelve month period
   45  commencing  the  first day of July, 2013, to and including the thirtieth
   46  day of June, 2014. No money shall be paid by the commissioner  of  taxa-
   47  tion  and  finance  out  of  the  dormitory facility revenue fund except
   48  unless and until such commissioner has  received  the  certification  or
   49  certifications required by this section.
   50    S 6. This act shall take effect immediately.

   51                                   PART C

   52    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
   53  chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
   54  implementing  the state fiscal plan for the 2005-2006 state fiscal year,
       S. 2607--D                         41                         A. 3007--D

    1  relating to the New York state higher education capital  matching  grant
    2  program  for  independent colleges, as amended by section 1 of part H of
    3  chapter 57 of the laws of 2012, is amended to read as follows:
    4    (a)  The  New York state higher education capital matching grant board
    5  is hereby created to have and exercise the powers, duties  and  preroga-
    6  tives provided by the provisions of this section and any other provision
    7  of law. The board shall remain in existence during the period of the New
    8  York  state  higher  education  capital  matching grant program from the
    9  effective date of this section through March 31,  [2013]  2014,  or  the
   10  date  on  which  the  last  of the funds available for grants under this
   11  section shall have  been  disbursed,  whichever  is  earlier;  provided,
   12  however,  that  the  termination of the existence of the board shall not
   13  affect the power and authority of the dormitory authority to perform its
   14  obligations with respect to any  bonds,  notes,  or  other  indebtedness
   15  issued or incurred pursuant to authority granted in this section.
   16    S  2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
   17  57 of the laws of 2005 amending the labor law and other laws  implement-
   18  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
   19  to the New York state higher education capital  matching  grant  program
   20  for  independent  colleges, as amended by section 2 of part H of chapter
   21  57 of the laws of 2012, is amended to read as follows:
   22    (h) [If a college did not apply for a potential grant]  IN  THE  EVENT
   23  THAT  ANY  COLLEGES  DO  NOT APPLY FOR HIGHER EDUCATION CAPITAL MATCHING
   24  GRANTS by March 31, 2009, OR  IN  THE  EVENT  THEY  APPLY  FOR  AND  ARE
   25  AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
   26  associated  with  such  [potential  grant]  GRANTS  shall  THEREAFTER be
   27  awarded[,] TO COLLEGES on a  competitive  basis,  [to  other  colleges,]
   28  according  to the priorities set forth below. [Colleges] NOTWITHSTANDING
   29  SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
   30  for [unutilized grants] SUCH UNUSED FUNDS IN RESPONSE TO A  REQUEST  FOR
   31  PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
   32  PARAGRAPH.   In such cases, the following priorities shall apply: first,
   33  priority shall be given to otherwise eligible colleges that either were,
   34  or would have been, deemed ineligible for the program prior to March 31,
   35  2009, due to missed deadlines,  insufficient  matching  funds,  lack  of
   36  accreditation  or  other  disqualifying  reasons;  and second, after the
   37  board has acted upon all such  first-priority  applications  for  unused
   38  funds,  if  any  such  funds  remain, those funds shall be available for
   39  distribution to eligible colleges [that  are  located  within  the  same
   40  Regents  of  the  State  of  New  York  region for which such funds were
   41  originally allocated].  The dormitory authority shall develop a  request
   42  for  proposals  and application process, in consultation with the board,
   43  for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT  TO
   44  THIS  PARAGRAPH,  and  shall  develop criteria, subject to review by the
   45  board, for the awarding of such grants. Such  criteria  shall  [incorpo-
   46  rate]  INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in
   47  paragraph (c) of this subdivision,  and  the  application  criteria  set
   48  forth  in  paragraph  (e)  of  this subdivision. The dormitory authority
   49  shall require all applications in response to the request for  proposals
   50  to  be submitted by September 1, [2012] 2013, and the board shall act on
   51  each application for such matching grants by November 1, [2012] 2013.
   52    S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
   53  section 1 of part U of chapter 57 of the laws of 2005 amending the labor
   54  law and other laws implementing the state fiscal plan for the  2005-2006
   55  state fiscal year, relating to the New York state higher education capi-
   56  tal  matching  grant  program  for  independent  colleges, as amended by
       S. 2607--D                         42                         A. 3007--D

    1  section 3 of part H of chapter 57 of the laws of  2012,  is  amended  to
    2  read as follows:
    3    (A) Notwithstanding the provision of any general or special law to the
    4  contrary,  and  subject  to  the provisions of chapter 59 of the laws of
    5  2000 and to the making of annual appropriations therefor by the legisla-
    6  ture, in order to assist the dormitory authority in providing such high-
    7  er education capital matching grants, the  director  of  the  budget  is
    8  authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
    9  state fiscal year thereafter for a period ending  on  March  31,  [2014]
   10  2015,  to  enter into one or more service contracts, none of which shall
   11  exceed 30 years in duration, with the  dormitory  authority,  upon  such
   12  terms as the director of the budget and the dormitory authority agree.
   13    S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
   14  57 of the laws of 2005 amending the labor law and other laws  implement-
   15  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
   16  to the New York state higher education matching  capital  grant  program
   17  for  independent  colleges, as amended by section 4 of part H of chapter
   18  57 of the laws of 2012, is amended to read as follows:
   19    (b) Any eligible institution receiving a grant pursuant to this  arti-
   20  cle shall report to the dormitory authority no later than June 1, [2013]
   21  2014,  on  the use of funding received and its programmatic and economic
   22  impact. The dormitory authority shall submit  a  report  no  later  than
   23  November  1, [2013] 2014 to the board, the governor, the director of the
   24  budget, the temporary president of the senate, and the  speaker  of  the
   25  assembly  on the aggregate impact of the higher education matching capi-
   26  tal grant program. Such report shall provide information on the progress
   27  and economic impact of such project.
   28    S 5. This act shall take effect immediately and  shall  be  deemed  to
   29  have been in full force and effect on and after April 1, 2013.

   30                                   PART D

   31    Section  1.  Subdivision  1  of  section  6304 of the education law is
   32  amended by adding two new paragraphs b-1 and b-2 to read as follows:
   33    B-1. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
   34  COMMUNITY COLLEGE FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND  FOUR-
   35  TEEN  AND THEREAFTER, EACH PROGRAM THAT CONFERS A CREDIT-BEARING CERTIF-
   36  ICATE, AN ASSOCIATE OF OCCUPATIONAL STUDIES DEGREE, OR AN  ASSOCIATE  OF
   37  APPLIED  SCIENCE DEGREE, SHALL DEMONSTRATE THAT IT IS PREPARING STUDENTS
   38  FOR CURRENT AND FUTURE JOB OPPORTUNITIES BY PARTNERING WITH EMPLOYERS AS
   39  FOLLOWS:
   40    (A) THE PROGRAM IS A PARTNERSHIP BETWEEN THE COMMUNITY COLLEGE AND ONE
   41  OR MORE EMPLOYERS TO TRAIN AND EMPLOY STUDENTS IN A SPECIFIC OCCUPATION;
   42    (B) THE PROGRAM HAS AN ADVISORY COMMITTEE MADE UP OF MEMBERS  OF  WHOM
   43  THE  MAJORITY  ARE  EMPLOYERS  IN THE OCCUPATION OR SECTOR, OR A RELATED
   44  SECTOR, OR IS OTHERWISE ADVISED BY ONE OR MORE EMPLOYERS IN THE  OCCUPA-
   45  TION  OR  SECTOR, THAT EMPLOY OR WILL EMPLOY WORKERS IN THE REGION WHERE
   46  THE COMMUNITY COLLEGE IS LOCATED, AND SUCH COMMITTEE  SERVES  TO  ADVISE
   47  THE  COMMUNITY  COLLEGE ON THE PROGRAM'S CURRICULUM, RECRUITMENT, PLACE-
   48  MENT AND EVALUATION SO THAT IT REMAINS UP-TO-DATE WITH  EMPLOYER  NEEDS;
   49  OR
   50    (C)  THE PROGRAM IS IN A HIGH-TECH SECTOR AND IS IN DEMAND FOR CURRENT
   51  OR PROJECTED JOB GROWTH,  INCLUDING  THOSE  SECTORS  IDENTIFIED  BY  THE
   52  REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL,  AND  IS ADVISED BY CURRENT OR
   53  POTENTIAL FUTURE EMPLOYERS IN THE OCCUPATION OR SECTOR.
       S. 2607--D                         43                         A. 3007--D

    1    (II) ON OR BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN FOR THE  COMMU-
    2  NITY  COLLEGE  FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN,
    3  NOVEMBER FIRST, TWO THOUSAND FOURTEEN FOR THE COMMUNITY  COLLEGE  FISCAL
    4  YEAR  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND NOVEMBER FIRST OF
    5  EACH  COMMUNITY  COLLEGE  FISCAL  YEAR  THEREAFTER, THE STATE UNIVERSITY
    6  TRUSTEES AND THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A JOB  LINK-
    7  AGE  REPORT  TO THE DIRECTOR OF THE BUDGET, THE CHAIRS OF THE SENATE AND
    8  ASSEMBLY HIGHER EDUCATION COMMITTEES AND THE CHAIR OF THE SENATE FINANCE
    9  COMMITTEE AND THE CHAIR  OF  THE  ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,
   10  INCLUDING  AN  ACCOUNTING OF FULL TIME EQUIVALENT ENROLLMENT IN PROGRAMS
   11  THAT  CONFER  CREDIT-BEARING  CERTIFICATES,  ASSOCIATE  OF  OCCUPATIONAL
   12  STUDIES DEGREES, OR ASSOCIATE OF APPLIED SCIENCE DEGREES, IN SUCH A FORM
   13  AND  MANNER  AS THE DIRECTOR OF THE BUDGET MAY REQUIRE TO VERIFY COMPLI-
   14  ANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   15    B-2. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  WITHIN
   16  AMOUNTS  APPROPRIATED FOR INCENTIVE FUNDING, THE STATE UNIVERSITY OF NEW
   17  YORK AND CITY UNIVERSITY OF NEW YORK  SHALL  MAKE  AWARDS  TO  COMMUNITY
   18  COLLEGES  FROM THE NEXT GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND
   19  BASED ON MEASURES OF  STUDENT  SUCCESS  FOR  ALL  STUDENTS  ENROLLED  IN
   20  PROGRAMS THAT CONFER A CREDIT-BEARING CERTIFICATE, AN ASSOCIATE OF OCCU-
   21  PATIONAL  STUDIES  DEGREE,  OR  AN  ASSOCIATE OF APPLIED SCIENCE DEGREE,
   22  INCLUDING, BUT NOT LIMITED TO:
   23    (A) THE NUMBER OF  STUDENTS  WHO  ARE  EMPLOYED  FOLLOWING  DEGREE  OR
   24  CERTIFICATE  COMPLETION  AND  THEIR WAGE GAINS, IF ANY, AS DETERMINED BY
   25  THE DEPARTMENT OF LABOR, WHICH SHALL BE  GIVEN  THE  GREATEST  WEIGHTING
   26  AMONG ALL MEASURES OF STUDENT SUCCESS;
   27    (B)  THE  NUMBER  OF  DEGREE  COMPLETIONS, CERTIFICATE COMPLETIONS AND
   28  STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCATION;
   29    (C) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS UNDER CLAUSE  (B)
   30  OF  THIS  PARAGRAPH  BY  STUDENTS CONSIDERED ACADEMICALLY AT-RISK DUE TO
   31  ECONOMIC DISADVANTAGE OR OTHER FACTOR OF UNDER-REPRESENTATION WITHIN THE
   32  FIELD OF STUDY; VETERANS; AND THE DISABLED;
   33    (D)  THE  NUMBER  OF  STUDENTS  WHO  MAKE  ADEQUATE  PROGRESS  TOWARDS
   34  COMPLETION  OF  A  DEGREE  OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED
   35  COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM;
   36    (E) THE NUMBER OF DEGREE COMPLETIONS IN INNOVATIVE  PROGRAMS  DESIGNED
   37  TO  ENABLE STUDENTS TO BALANCE SCHOOL, WORK AND OTHER PERSONAL RESPONSI-
   38  BILITIES; AND
   39    (F) THE NUMBER OF STUDENTS ENGAGED IN CAREER AND  EMPLOYMENT  OPPORTU-
   40  NITIES  INCLUDING  APPRENTICESHIPS,  COOPERATIVE  EDUCATION  PROGRAMS OR
   41  OTHER PAID WORK EXPERIENCE THAT IS AN INTEGRAL PART  OF  THEIR  ACADEMIC
   42  PROGRAM.
   43    (II)  AWARDS  SHALL  BE  MADE ON A PRO-RATA BASIS IN ACCORDANCE WITH A
   44  METHODOLOGY AND IN A FORM AND MANNER DEVELOPED BY THE  DIRECTOR  OF  THE
   45  BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY AND CITY UNIVERSITY.
   46    (III) ON OR BEFORE DECEMBER FIRST OF EACH YEAR, OR AN ALTERNATIVE DATE
   47  AS  DETERMINED  BY  THE  DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE
   48  STATE UNIVERSITY AND CITY UNIVERSITY, THE STATE UNIVERSITY TRUSTEES  AND
   49  THE  CITY  UNIVERSITY  TRUSTEES SHALL EACH SUBMIT A PLAN FOR APPROVAL BY
   50  THE DIRECTOR OF THE BUDGET TO ALLOCATE AMOUNTS AVAILABLE  FOR  THE  NEXT
   51  GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND IN ACCORDANCE WITH THIS
   52  PARAGRAPH.
   53    S 2. This act shall take effect immediately.

   54                                   PART E
       S. 2607--D                         44                         A. 3007--D

    1    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    2  section 131-o of the social services law, as amended  by  section  1  of
    3  part  C  of  chapter  57  of  the  laws  of 2012, are amended to read as
    4  follows:
    5    (a)  in  the  case of each individual receiving family care, an amount
    6  equal to at least [$135.00] $137.00 for each month beginning on or after
    7  January first, two thousand [twelve] THIRTEEN.
    8    (b) in the case of each  individual  receiving  residential  care,  an
    9  amount  equal  to at least [$155.00] $158.00 for each month beginning on
   10  or after January first, two thousand [twelve] THIRTEEN.
   11    (c) in the case of  each  individual  receiving  enhanced  residential
   12  care,  an  amount  equal  to  at  least [$184.00] $187.00 for each month
   13  beginning on or after January first, two thousand [twelve] THIRTEEN.
   14    (d) for the period commencing January first, two  thousand  [thirteen]
   15  FOURTEEN,  the monthly personal needs allowance shall be an amount equal
   16  to the sum of the amounts set forth in subparagraphs one and two of this
   17  paragraph:
   18    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
   19  subdivision; and
   20    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
   21  the percentage of any  federal  supplemental  security  income  cost  of
   22  living adjustment which becomes effective on or after January first, two
   23  thousand  [thirteen] FOURTEEN, but prior to June thirtieth, two thousand
   24  [thirteen] FOURTEEN, rounded to the nearest whole dollar.
   25    S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
   26  section  209 of the social services law, as amended by section 2 of part
   27  C of chapter 57 of the laws of 2012, are amended to read as follows:
   28    (a) On and after January first, two thousand [twelve] THIRTEEN, for an
   29  eligible individual living alone, [$785.00] $797.00; and for an eligible
   30  couple living alone, [$1152.00] $1170.00.
   31    (b) On and after January first, two thousand [twelve] THIRTEEN, for an
   32  eligible individual living with others with or without  in-kind  income,
   33  [$721.00] $733.00; and for an eligible couple living with others with or
   34  without in-kind income, [$1094.00] $1112.00.
   35    (c)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
   36  for an eligible individual receiving family care, [$964.48]  $976.48  if
   37  he  or  she is receiving such care in the city of New York or the county
   38  of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
   39  couple  receiving  family  care in the city of New York or the county of
   40  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
   41  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
   42  ual receiving such care in any other  county  in  the  state,  [$926.48]
   43  $938.48;  and  (iv)  for  an  eligible couple receiving such care in any
   44  other county in the state, two times the amount set  forth  in  subpara-
   45  graph (iii) of this paragraph.
   46    (d)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
   47  for  an  eligible  individual  receiving  residential  care,  [$1133.00]
   48  $1145.00  if he or she is receiving such care in the city of New York or
   49  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
   50  eligible  couple  receiving  residential care in the city of New York or
   51  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
   52  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
   53  eligible individual receiving such care  in  any  other  county  in  the
   54  state,  [$1103.00]  $1115.00;  and (iv) for an eligible couple receiving
   55  such care in any other county in the state, two  times  the  amount  set
   56  forth in subparagraph (iii) of this paragraph.
       S. 2607--D                         45                         A. 3007--D

    1    (e)  (i)  On  and after January first, two thousand [twelve] THIRTEEN,
    2  for  an  eligible  individual  receiving  enhanced   residential   care,
    3  [$1392.00]  $1404.00; and (ii) for an eligible couple receiving enhanced
    4  residential care, two times the amount set forth in subparagraph (i)  of
    5  this paragraph.
    6    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    7  vision  shall  be  increased to reflect any increases in federal supple-
    8  mental security income benefits for individuals or couples which  become
    9  effective  on  or  after January first, two thousand [thirteen] FOURTEEN
   10  but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
   11    S 3. This act shall take effect December 31, 2013.

   12                                   PART F
   13                            Intentionally omitted

   14                                   PART G

   15    Section 1. Subdivisions 4 and 5 of section 412 of the  executive  law,
   16  as  amended by chapter 182 of the laws of 2002, are amended, and two new
   17  subdivisions 8 and 9 are added to read as follows:
   18    4. "Municipality" shall mean a county, [city, village, town, that part
   19  of a town not included within the boundaries of a village, or  a  school
   20  district (if approved for such purpose by the commissioner, in instances
   21  where  no  other municipality, overlapping such school district in whole
   22  or part, is receiving state aid pursuant to this article  or  upon  such
   23  other basis as the commissioner shall by regulation determine).  Munici-
   24  pality  may mean an Indian reservation, subject to rules and regulations
   25  of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   26    5. "Youth DEVELOPMENT program" shall mean a ["youth  bureau,"  "recre-
   27  ation  project"  or  "youth  service"  project  established  under prior
   28  authorizing legislation establishing a temporary state youth  commission
   29  as  well as similar] local [programs] PROGRAM designed to accomplish the
   30  broad purposes of this article[. The definition, determination and clas-
   31  sification of youth programs shall  be]  subject  to  [approval  by  the
   32  office  in accordance with] THE rules and regulations [adopted by it] OF
   33  THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH DEVELOPMENT PROGRAM" SHALL
   34  NOT INCLUDE APPROVED RUNAWAY PROGRAMS OR TRANSITIONAL INDEPENDENT LIVING
   35  SUPPORT PROGRAMS AS SUCH TERMS ARE DEFINED IN SECTION FIVE HUNDRED THIR-
   36  TY-TWO-A OF THIS CHAPTER.
   37    8. "MUNICIPAL YOUTH BUREAU" SHALL MEAN EITHER:
   38    A. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE NEW  YORK
   39  CITY DEPARTMENT OF YOUTH AND COMMUNITY DEVELOPMENT, OR A SUCCESSOR ENTI-
   40  TY;
   41    B.  A  YOUTH  BUREAU  THAT  ENGAGES  IN ACTIVITIES, INCLUDING, BUT NOT
   42  LIMITED TO, THE OPERATION, ADMINISTRATION OR MONITORING OF YOUTH  DEVEL-
   43  OPMENT PROGRAMS, THROUGHOUT A PARTICULAR COUNTY; OR
   44    C.  A  YOUTH  BUREAU  THAT  ENGAGES  IN ACTIVITIES, INCLUDING, BUT NOT
   45  LIMITED TO, THE OPERATION, ADMINISTRATION OR MONITORING OF YOUTH  DEVEL-
   46  OPMENT  PROGRAMS, THROUGHOUT TWO OR MORE PARTICULAR COUNTIES, IN ACCORD-
   47  ANCE WITH SUBDIVISION FIVE OF SECTION FOUR HUNDRED  TWENTY-TWO  OF  THIS
   48  ARTICLE.
   49    9. "LOCAL YOUTH BUREAU" SHALL MEAN A YOUTH BUREAU, NOT INCLUDED WITHIN
   50  THE  DEFINITION  OF MUNICIPAL YOUTH BUREAU PURSUANT TO SUBDIVISION EIGHT
   51  OF THIS SECTION, THAT ENGAGES IN ACTIVITIES, INCLUDING, BUT NOT  LIMITED
       S. 2607--D                         46                         A. 3007--D

    1  TO,  THE  OPERATION,  ADMINISTRATION  OR MONITORING OF YOUTH DEVELOPMENT
    2  PROGRAMS, THROUGHOUT A PARTICULAR VILLAGE, TOWN OR CITY.
    3    S 2. Subdivision 1 of section 420 of the executive law is REPEALED and
    4  a new subdivision 1 is added to read as follows:
    5     1.  A.  (1)  EACH  MUNICIPALITY OPERATING A YOUTH DEVELOPMENT PROGRAM
    6  APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE
    7  FOR ONE HUNDRED PERCENT STATE REIMBURSEMENT OF  ITS  QUALIFIED  EXPENDI-
    8  TURES,  SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL
    9  FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB-
   10  UTION OF STATE AID UNDER THIS ARTICLE.
   11    (2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE
   12  DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  TO  ELIGIBLE
   13  MUNICIPALITIES  THAT  HAVE  AN  APPROVED  COMPREHENSIVE PLAN PURSUANT TO
   14  SUBPARAGRAPH TWO OF PARAGRAPH C OF  THIS  SUBDIVISION.  SUCH  STATE  AID
   15  SHALL  BE  LIMITED  TO  THE FUNDS SPECIFICALLY APPROPRIATED THEREFOR AND
   16  SHALL BE BASED ON FACTORS THAT SHALL INCLUDE THE NUMBER OF  YOUTH  UNDER
   17  THE  AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY AS SHOWN BY THE LAST
   18  PUBLISHED FEDERAL CENSUS CERTIFIED IN THE SAME  MANNER  AS  PROVIDED  BY
   19  SECTION  FIFTY-FOUR OF THE STATE FINANCE LAW AND MAY INCLUDE, BUT NOT BE
   20  LIMITED TO, THE PERCENTAGE OF YOUTH LIVING IN POVERTY WITHIN THE MUNICI-
   21  PALITY OR SUCH OTHER FACTORS AS PROVIDED FOR IN THE REGULATIONS  OF  THE
   22  OFFICE.
   23    (3)  THE  OFFICE  SHALL  NOT  REIMBURSE  ANY CLAIMS UNDER THIS SECTION
   24  UNLESS THEY ARE SUBMITTED WITHIN TWELVE MONTHS OF THE  CALENDAR  QUARTER
   25  IN  WHICH  THE  EXPENDITURE WAS MADE.   THE OFFICE MAY REQUIRE THAT SUCH
   26  CLAIMS BE SUBMITTED TO THE  OFFICE  ELECTRONICALLY  IN  THE  MANNER  AND
   27  FORMAT REQUIRED BY THE OFFICE.
   28    (4)  A  COMPREHENSIVE PLAN DEVELOPED IN ACCORDANCE WITH PARAGRAPH C OF
   29  THIS SUBDIVISION MAY PROVIDE FOR THE FUNDING OF LOCAL YOUTH BUREAUS THAT
   30  HAVE BEEN APPROVED IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-TWO OF
   31  THIS ARTICLE AND MUNICIPAL YOUTH  BUREAUS.  PROVIDED  HOWEVER,  THAT  AN
   32  APPROVED  LOCAL  YOUTH BUREAU THAT IS NOT PROVIDING, OPERATING, ADMINIS-
   33  TERING OR MONITORING YOUTH DEVELOPMENT PROGRAMS SHALL NOT RECEIVE  FUND-
   34  ING  PURSUANT  TO THIS SUBDIVISION. PROVIDED, FURTHER THAT UP TO FIFTEEN
   35  PERCENT OF THE YOUTH DEVELOPMENT FUNDS THAT  A  MUNICIPALITY  DETERMINES
   36  WILL  BE PROVIDED TO A LOCAL YOUTH BUREAU IN ACCORDANCE WITH CLAUSE (II)
   37  OF SUBPARAGRAPH ONE OF PARAGRAPH C OF THIS SUBDIVISION MAY BE  USED  FOR
   38  ADMINISTRATIVE FUNCTIONS PERFORMED BY SUCH LOCAL YOUTH BUREAU.
   39    (5)  IF  A  MUNICIPALITY  DOES  NOT ALLOCATE YOUTH DEVELOPMENT FUNDING
   40  PURSUANT TO THE INFORMATION CONTAINED WITHIN THE MUNICIPALITY'S  COMPRE-
   41  HENSIVE PLAN IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH ONE OF PARA-
   42  GRAPH  C  OF  THIS  SUBDIVISION, THE OFFICE MAY AUTHORIZE OR REQUIRE THE
   43  COMPTROLLER TO WITHHOLD THE PAYMENT OF STATE AID TO SUCH MUNICIPALITY IN
   44  ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE.
   45    B. YOUTH DEVELOPMENT PROGRAMS SHALL PROVIDE  COMMUNITY-LEVEL  SERVICES
   46  DESIGNED  TO  PROMOTE  POSITIVE  YOUTH  DEVELOPMENT.  SUCH  PROGRAMS MAY
   47  INCLUDE, BUT NOT BE LIMITED  TO:  PROGRAMS  THAT  PROMOTE  PHYSICAL  AND
   48  EMOTIONAL  WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND COMMU-
   49  NITY ENGAGEMENT; FAMILY SUPPORT SERVICES; SERVICES TO  PREVENT  JUVENILE
   50  DELINQUENCY,  CHILD  ABUSE AND NEGLECT; SERVICES TO AVERT FAMILY CRISES;
   51  AND SERVICES TO ASSIST YOUTH IN NEED OF CRISIS INTERVENTION  OR  RESPITE
   52  SERVICES.  SUBJECT  TO THE REGULATIONS OF THE OFFICE, A MUNICIPALITY MAY
   53  ENTER INTO CONTRACTS TO EFFECTUATE ITS YOUTH DEVELOPMENT PROGRAM  ESTAB-
   54  LISHED AND APPROVED AS PROVIDED IN THIS ARTICLE.
   55    C.  EACH MUNICIPALITY SHALL DEVELOP, IN CONSULTATION WITH THE APPLICA-
   56  BLE MUNICIPAL YOUTH BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOP-
       S. 2607--D                         47                         A. 3007--D

    1  MENT PROGRAMS. SUCH COMPREHENSIVE PLAN SHALL BE SUBJECT TO THE  APPROVAL
    2  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUBPAR-
    3  AGRAPH TWO OF THIS PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY
    4  IN  A  MANNER  AND  AT  SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE OF
    5  CHILDREN AND FAMILY SERVICES SHALL DETERMINE.
    6    (1) SUCH COMPREHENSIVE PLAN SHALL:
    7    (I) DESCRIBE THE  NEED  IN  THE  MUNICIPALITY  FOR  YOUTH  DEVELOPMENT
    8  PROGRAMS, AND SPECIFY, AT MINIMUM, HOW THE MUNICIPALITY WILL ADDRESS THE
    9  NEED  FOR  YOUTH  DEVELOPMENT IN VILLAGES, TOWNS AND CITIES WHICH HAVE A
   10  YOUTH POPULATION OF TWENTY THOUSAND OR MORE PERSONS;
   11    (II) DETAIL HOW THE MUNICIPALITY WILL ALLOCATE THE FUNDING IT RECEIVES
   12  PURSUANT TO THIS SUBDIVISION, INCLUDING AN  ACCOUNTING  OF  ALL  OF  THE
   13  ELIGIBLE  ENTITIES  WITHIN  SUCH  MUNICIPALITY THAT WILL RECEIVE FUNDING
   14  UNDER THIS SUBDIVISION, THE YOUTH DEVELOPMENT SERVICES THAT  SUCH  ENTI-
   15  TIES  WILL  PROVIDE,  AND  THE  AMOUNT  OF FUNDING THAT EACH ENTITY WILL
   16  RECEIVE;
   17    (III) SPECIFY HOW THE MUNICIPALITY WILL MEASURE  PERFORMANCE  OUTCOMES
   18  FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN;
   19    (IV)  SPECIFY  THE  PROJECTED  PERFORMANCE  OUTCOMES  FOR SERVICES AND
   20  PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED  POSITIVE  OUTCOMES
   21  FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
   22    (V)  PROVIDE  INFORMATION  ON  THE  PERFORMANCE  OUTCOMES  OF SERVICES
   23  PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT  TO
   24  THIS  SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE
   25  QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND-
   26  ED UNDER SUCH PLAN.
   27    (2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART
   28  OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A
   29  MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY  SHALL  HAVE  SIXTY
   30  DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED
   31  PLAN.
   32    (3)  IF  THE MUNICIPALITY IS SEEKING STATE AID TO PROVIDE SERVICES FOR
   33  RUNAWAY AND HOMELESS YOUTH, AS DEFINED IN  ARTICLE  NINETEEN-H  OF  THIS
   34  CHAPTER, THE RUNAWAY AND HOMELESS YOUTH PLAN, AS REQUIRED BY SUBDIVISION
   35  TWO  OF  THIS  SECTION,  SHALL BE SUBMITTED AS PART OF THE COMPREHENSIVE
   36  PLAN THAT IS REQUIRED PURSUANT TO THIS PARAGRAPH; PROVIDED HOWEVER, THAT
   37  STATE AID TO PROVIDE SERVICES FOR RUNAWAY AND  HOMELESS  YOUTH  SERVICES
   38  SHALL  BE  FROM,  AND LIMITED TO, FUNDS APPROPRIATED SEPARATELY FOR SUCH
   39  RUNAWAY AND HOMELESS YOUTH PROGRAM PURPOSES BY THE STATE, AND SHALL  NOT
   40  BE INCLUDED UNDER THE LIMITS SET FORTH IN THIS SUBDIVISION.
   41    S  3. Subdivision 2 of section 420 of the executive law, as amended by
   42  chapter 182 of the laws of 2002, is amended to read as follows:
   43    2. Runaway and homeless youth plan; state aid.
   44    a. A [county] MUNICIPALITY may submit to the [commissioner] OFFICE  OF
   45  CHILDREN  AND  FAMILY  SERVICES a plan for the providing of services for
   46  runaway and homeless youth, as defined in  article  nineteen-H  of  this
   47  chapter.  Where such [county] MUNICIPALITY is receiving state aid pursu-
   48  ant to paragraph a of subdivision one of this section, such runaway  and
   49  homeless  youth  plan  shall  be  submitted as part of the comprehensive
   50  [county] plan and shall be consistent  with  the  goals  and  objectives
   51  therein. A runaway and homeless youth plan shall be developed in consul-
   52  tation  with  the [county] MUNICIPAL youth bureau and the county or city
   53  department of social services, shall be in  accordance  with  the  regu-
   54  lations  of  the  [commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES,
   55  shall provide for a coordinated range of services for runaway and  home-
   56  less  youth  and their families including preventive, temporary shelter,
       S. 2607--D                         48                         A. 3007--D

    1  transportation, counseling, and other necessary  assistance,  and  shall
    2  provide for the coordination of all available county resources for runa-
    3  way  and  homeless youth and their families including services available
    4  through  the [county] MUNICIPAL youth bureau, the county or city depart-
    5  ment of social services, local boards of education, local drug and alco-
    6  hol programs and organizations or programs which  have  past  experience
    7  dealing   with  runaway  and  homeless  youth.  Such  plan  may  include
    8  provisions for transitional  independent  living  support  programs  for
    9  homeless youth between the ages of sixteen and twenty-one as provided in
   10  article nineteen-H of this chapter. Such plan shall also provide for the
   11  designation and duties of the runaway and homeless youth service coordi-
   12  nator  defined  in section five hundred thirty-two-a of this chapter who
   13  is available on a  twenty-four  hour  basis  and  maintains  information
   14  concerning  available  shelter  space, transportation and services. Such
   15  plan may include provision for the per diem reimbursement  for  residen-
   16  tial  care  of  runaway  and homeless youth in approved runaway programs
   17  which are authorized agencies, provided that such per diem reimbursement
   18  shall not exceed a total of thirty days for any one youth.
   19    A-1. EACH MUNICIPALITY THAT DOES NOT SUBMIT  A  RUNAWAY  AND  HOMELESS
   20  YOUTH  PLAN  IN  ACCORDANCE  WITH PARAGRAPH A OF THIS SUBDIVISION, SHALL
   21  INCLUDE WITHIN THEIR COMPREHENSIVE PLAN SUBMITTED PURSUANT  TO  SUBDIVI-
   22  SION  ONE  OF THIS SECTION, AN ASSESSMENT OF THE NEED WITHIN THE MUNICI-
   23  PALITY FOR SERVICES TO ASSIST RUNAWAY AND HOMELESS YOUTH  AND  YOUTH  IN
   24  NEED  OF CRISIS INTERVENTION OR RESPITE SERVICES. PROVIDED HOWEVER, THAT
   25  STATE AID TO PROVIDE FOR RUNAWAY AND HOMELESS YOUTH  SERVICES  SHALL  BE
   26  FROM  AND  LIMITED TO FUNDS APPROPRIATED SEPARATELY FOR SUCH RUNAWAY AND
   27  HOMELESS YOUTH PROGRAM PURPOSES BY THE STATE, AND SHALL NOT BE  INCLUDED
   28  UNDER THE LIMITS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   29    b.  Each  [county]  MUNICIPALITY  shall  submit  to the [commissioner]
   30  OFFICE OF CHILDREN AND FAMILY SERVICES such  additional  information  as
   31  the [commissioner] OFFICE shall require, including but not limited to:
   32    (1)  A  description  of  the  current  runaway and homeless population
   33  including their age, place of origin, family status, service  needs  and
   34  eventual disposition;
   35    (2)  A  description  of  the public and private resources available to
   36  serve runaway and homeless youth within the [county] MUNICIPALITY;
   37    (3) A description of new services to be provided and current  services
   38  to be expanded.
   39    c.  The  [commissioner]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall
   40  review such plan IN ACCORDANCE WITH SUBPARAGRAPH TWO OF PARAGRAPH  C  OF
   41  SUBDIVISION  ONE OF THIS SECTION and may approve or disapprove such plan
   42  or any part, program, or project within such plan, and may propose  such
   43  modifications and conditions as deemed appropriate and necessary.
   44    d.  (1) [Counties] MUNICIPALITIES having an approved runaway and home-
   45  less youth plan pursuant  to  this  subdivision  shall  be  entitled  to
   46  reimbursement by the state for sixty percent of the entire amount of the
   47  expenditures  for  programs  contained  in  such plan as approved by the
   48  [commissioner] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES,  after  first
   49  deducting  therefrom  any federal or other state funds received or to be
   50  received on account thereof. All reimbursement pursuant to this subdivi-
   51  sion shall be from and limited to funds appropriated separately for such
   52  runaway and homeless youth program purposes by the state, and shall  not
   53  be  included  under  the  limits set in subdivision one of this section.
   54  [The county's] A MUNICIPALITY'S share of the cost of such  programs  may
   55  be  met in part by donated private funds or in-kind services, as defined
   56  by the office, provided that such private funding or receipt of services
       S. 2607--D                         49                         A. 3007--D

    1  shall not in the aggregate be more than fifty percent of such [county's]
    2  MUNICIPALITY'S share.
    3    (2)  Notwithstanding  any inconsistent provision of law and subject to
    4  funds appropriated separately therefor, a [county]  MUNICIPALITY  having
    5  an  approved  runaway  and homeless youth plan which includes provisions
    6  for transitional independent living support programs shall  be  entitled
    7  to  reimbursement by the state for sixty percent of the entire amount of
    8  the approved expenditures for transitional  independent  living  support
    9  programs  contained in the plan as approved by the [commissioner] OFFICE
   10  OF CHILDREN AND FAMILY SERVICES.  The [county's] MUNICIPALITY'S share of
   11  the cost of such programs may be met by donated private funds or in-kind
   12  services, as defined by  the  office,  provided  that  such  receipt  of
   13  in-kind  services  shall not in the aggregate be more than fifty percent
   14  of such [county's] MUNICIPALITY'S share.
   15    S 4. Paragraphs a and c of subdivision 5 of section 420 of the  execu-
   16  tive  law,  as  added by chapter 160 of the laws of 2004, are amended to
   17  read as follows:
   18    a. Notwithstanding any other provision of law, the office of  children
   19  and  family  services shall plan for the statewide implementation by the
   20  thirty-first day of December, two thousand eight, of a county child  and
   21  family  services  plan  that  combines  the  [county] comprehensive plan
   22  required by this section and the multi-year consolidated  services  plan
   23  required  by  section  thirty-four-a  of  the social services law into a
   24  single plan.
   25    c. The office of children and family services may waive any regulatory
   26  requirements relating to the content and timing of  [county]  comprehen-
   27  sive plans that may impede the ability of a county to implement a county
   28  child and family services plan.
   29    S  5. Section 422 of the executive law, as added by chapter 636 of the
   30  laws of 1956, subdivisions 1, 3, 4, 7, 8 and 9 as amended by chapter 182
   31  of the laws of 2002, subdivision 5 as amended by chapter 879 of the laws
   32  of 1976 and subdivision 10 as added by chapter 400 of the laws of  1978,
   33  is amended to read as follows:
   34    S 422. Youth  bureaus[;  recreation  and  youth  service projects; and
   35  other youth programs]. 1. A. Any [county or]  city,  [or  any]  town  or
   36  village  [with  a  total  population of twenty thousand or more persons]
   37  desiring to establish a LOCAL youth bureau[, or any municipality  desir-
   38  ing to establish a recreation, youth service or other project] may apply
   39  to the [office] MUNICIPALITY WHICH SUCH CITY, TOWN OR VILLAGE IS LOCATED
   40  WITHIN,  for approval of its plans. The application shall be in writing,
   41  specifying the nature of the program, and shall contain such information
   42  as the [office] MUNICIPALITY shall require.
   43    B. ALL LOCAL YOUTH BUREAUS APPROVED BY  THE  OFFICE  OF  CHILDREN  AND
   44  FAMILY SERVICES ON OR BEFORE APRIL FIRST, TWO THOUSAND THIRTEEN SHALL BE
   45  DEEMED APPROVED LOCAL YOUTH BUREAUS FOR THE PURPOSE OF THIS ARTICLE.
   46    2.  No  application  for  the  approval  of  [plans for] a LOCAL youth
   47  [program] BUREAU shall be considered BY THE MUNICIPALITY  that  has  not
   48  been  first  approved  by the governing body of the [municipality] CITY,
   49  TOWN OR VILLAGE making THE application.
   50    3. The [office] MUNICIPALITY may approve or  disapprove  the  proposed
   51  LOCAL youth [program as filed, or, if its modifications are not objected
   52  to by the applicant, approve the same with such modifications] BUREAU.
   53    4.  The  approval  of  [any  proposed]  A  LOCAL youth [program by the
   54  office] BUREAU shall authorize the  [county,]  city  [or  municipality],
   55  TOWN  OR  VILLAGE  to  establish,  operate and maintain the program [and
   56  entitle it to state aid as herein  set  forth;  provided,  however,  the
       S. 2607--D                         50                         A. 3007--D

    1  office  may  at  any  time subsequently withdraw its approval or require
    2  changes in a plan or program previously approved]  AND  WILL  ALLOW  THE
    3  MUNICIPALITY  TO  DISTRIBUTE  TO  SUCH  LOCAL  YOUTH  BUREAU,  STATE AID
    4  RECEIVED  IN  ACCORDANCE  WITH  SUBDIVISION  ONE OF SECTION FOUR HUNDRED
    5  TWENTY OF THIS ARTICLE.
    6    5. Two or more municipalities may join together to establish,  operate
    7  and  maintain  A  MUNICIPAL  youth  [programs]  BUREAU  and may make and
    8  perform  agreements  in  connection  therewith.  Such  agreements  shall
    9  include  provisions for the proportionate cost to be borne by each muni-
   10  cipality and for the manner of employment of personnel and  may  provide
   11  that a fiscal officer of one such municipality shall be the custodian of
   12  the  moneys made available for expenditure for such purposes by all such
   13  municipalities and that such fiscal officer may make payments  therefrom
   14  upon  audit  of  the  appropriate auditing body or officer of his OR HER
   15  municipality. In making claims for state aid pursuant to SUBDIVISION ONE
   16  OF SECTION FOUR HUNDRED TWENTY OF this article, each  such  municipality
   17  shall  claim for its proportionate share of THE TOTAL JOINT expenditures
   18  so made.  However, where it is provided that there shall be a disbursing
   19  municipality, such disbursing municipality shall  claim  for  the  total
   20  joint  program expenditures so made and shall disburse such state aid to
   21  each participating municipality based upon the  proportionate  share  of
   22  expenditures so made.
   23    6.  [A  municipality  and the board of education, board of trustees or
   24  the trustee of a school district may make and perform agreements provid-
   25  ing for the operation by a school district of a  youth  service,  recre-
   26  ation or other project of such municipality.
   27    7.  Moneys  derived by a municipality from taxation, from profits of a
   28  public utility service operated by it, or from gifts or grants available
   29  therefor, may be made available in accordance with law and expended  for
   30  improvements  to  real property owned by it and held for school purposes
   31  or owned by a school district in whole or in part located in such  muni-
   32  cipality where such real property is used by such municipality for youth
   33  program  purposes and where such improvements are required in connection
   34  with such purposes. Such municipality may receive reimbursement for such
   35  expenditures as herein provided, subject to the rules and regulations of
   36  the office.
   37    8. The office, by rule and regulation, may authorize  expenditures  to
   38  be made by a municipality for work to be done or improvements to be made
   39  to real property for youth program purposes.
   40    9.  Subject to the regulations of the office, a municipality may enter
   41  into contracts to effectuate its youth program established and  approved
   42  as provided in this article.
   43    10.]  Notwithstanding  any provision of law, rule or regulation to the
   44  contrary, no [city, town or village] MUNICIPAL YOUTH BUREAU SERVING  ONE
   45  OR  MORE  MUNICIPALITIES  with  a  TOTAL youth population of twenty-five
   46  thousand or less [residing in such  city,  town  or  village]  shall  be
   47  required  under  this  article,  or  for purposes of receiving state aid
   48  hereunder, to employ a full time executive director for their respective
   49  proposed or approved youth programs, as the case may be.
   50    S 6. Subdivisions 4, 5 and 6 of section 532-a of the executive law, as
   51  amended by section 14 of part E of chapter 57 of the laws of  2005,  are
   52  amended and a new subdivision 8 is added to read as follows:
   53    4.  "Approved  runaway program" shall mean any non-residential program
   54  approved by the office of children and family services after  submission
   55  by  the [county youth bureau] MUNICIPALITY, as part of its comprehensive
   56  plan, or any residential facility which is  operated  by  an  authorized
       S. 2607--D                         51                         A. 3007--D

    1  agency  as  defined in subdivision ten of section three hundred seventy-
    2  one of the social services law, and approved by the office  of  children
    3  and  family services after submission by the [county youth bureau] MUNI-
    4  CIPALITY  as part of its comprehensive plan, established and operated to
    5  provide services to runaway and homeless youth in  accordance  with  the
    6  regulations of the office of temporary and disability assistance and the
    7  office  of  children and family services. Such programs may also provide
    8  non-residential crisis intervention and residential respite services  to
    9  youth  in need of crisis intervention or respite services, as defined in
   10  this section.   Residential respite  services  in  an  approved  runaway
   11  program  may  be provided for no more than twenty-one days in accordance
   12  with the regulations of the office of children and family services.
   13    5. "Runaway and homeless youth service  coordinator"  shall  mean  any
   14  person  SO  designated  by  [a county] A MUNICIPALITY whose duties shall
   15  include but not be limited to answering inquiries at any time concerning
   16  transportation, shelter and other services available  to  a  runaway  or
   17  homeless  youth  or  a  youth  in need of crisis intervention or respite
   18  services.
   19    6. "Transitional independent living support program"  shall  mean  any
   20  non-residential  program  approved  by the office of children and family
   21  services after submission by the [county youth bureau]  MUNICIPALITY  as
   22  part  of its comprehensive plan, or any residential facility approved by
   23  the office of children and  family  services  after  submission  by  the
   24  [county  youth bureau] MUNICIPALITY as part of its comprehensive plan TO
   25  OFFER YOUTH DEVELOPMENT PROGRAMS, established and  operated  to  provide
   26  supportive services, for a period of up to eighteen months in accordance
   27  with  the  regulations of the office of children and family services, to
   28  enable homeless youth between the ages  of  sixteen  and  twenty-one  to
   29  progress  from  crisis care and transitional care to independent living.
   30  Such transitional independent living support program  may  also  provide
   31  services  to  youth  in need of crisis intervention or respite services.
   32  Notwithstanding the time limitation in paragraph (i) of subdivision  (d)
   33  of  section  seven hundred thirty-five of the family court act, residen-
   34  tial respite services may be  provided  in  a  transitional  independent
   35  living support program for a period of more than twenty-one days.
   36    8.  "MUNICIPALITY"  SHALL MEAN A COUNTY, OR A CITY HAVING A POPULATION
   37  OF ONE MILLION OR MORE.
   38    S 7. Subdivision 2 of section 532-b of the executive law, as added  by
   39  chapter 722 of the laws of 1978, is amended to read as follows:
   40    2.  The  runaway  youth may remain in the program on a voluntary basis
   41  for a period not to exceed thirty days from the date of admission  where
   42  the filing of a petition pursuant to article ten of the family court act
   43  is  not  contemplated,  in  order  that arrangements can be made for the
   44  runaway youth's return home, alternative residential placement  pursuant
   45  to section three hundred ninety-eight of the social services law, or any
   46  other  suitable  plan.  If the runaway youth and the parent, guardian or
   47  custodian agree, in writing, the runaway youth may remain in the runaway
   48  program up to sixty days without the filing of a  petition  pursuant  to
   49  article  ten of the family court act, provided that in any such case the
   50  facility shall first have obtained the approval of the [county] APPLICA-
   51  BLE MUNICIPAL runaway coordinator, who shall notify the [county] MUNICI-
   52  PALITY'S youth bureau of his OR HER approval together with  a  statement
   53  as to the reason why such additional residential stay is necessary and a
   54  description  of  the  efforts  being  made  to find suitable alternative
   55  living arrangements for such youth.
       S. 2607--D                         52                         A. 3007--D

    1    S 8. Paragraph (a) of subdivision 6 of  section  34-a  of  the  social
    2  services law, as added by chapter 160 of the laws of 2004, is amended to
    3  read as follows:
    4    (a) Notwithstanding any other provision of law, the office of children
    5  and  family services shall plan for the statewide implementation, by the
    6  thirty-first day of December, two thousand eight, of the use by counties
    7  of a child and family services plan that combines the multi-year consol-
    8  idated services plan required by this section and the  [county]  compre-
    9  hensive  plan  required  by section four hundred twenty of the executive
   10  law into a single plan.
   11    S 9. This act shall take effect January 1, 2014 and shall  expire  and
   12  be deemed repealed on December 31, 2018.

   13                                   PART H
   14                            Intentionally omitted

   15                                   PART I
   16                            Intentionally omitted

   17                                   PART J

   18    Section 1.  Subdivisions 12 and 13 of section 425 of the real property
   19  tax law, as amended by section 1 of part B of chapter 389 of the laws of
   20  1997, paragraph (a) of subdivision 12 as amended by section 12 of part W
   21  of  chapter  56  of the laws of 2010, paragraph (b) of subdivision 12 as
   22  amended and paragraph (d) of subdivision 12 as added  by  section  1  of
   23  part  N  of chapter 58 of the laws of 2011 and paragraph (d) of subdivi-
   24  sion 13 as added by section 2 of part N of chapter 58  of  the  laws  of
   25  2011, are amended and a new subdivision 14 is added to read as follows:
   26    12.  Revocation  of  prior  exemptions.  (a) Generally. In addition to
   27  discontinuing the exemption on the  next  ensuing  tentative  assessment
   28  roll,  if  the assessor determines that the property improperly received
   29  the exemption on one or more of the  [three]  SIX  preceding  assessment
   30  rolls,  PROVIDED  THAT  FINAL  ASSESSMENT ROLLS THAT WERE FILED PRIOR TO
   31  APRIL FIRST, TWO THOUSAND TEN SHALL NOT BE SUBJECT TO THE PROVISIONS  OF
   32  THIS  SUBDIVISION,  or  is advised by the department that the applicable
   33  income standard was not  satisfied  with  regard  to  a  property  which
   34  received the enhanced exemption on one or more of those rolls, he or she
   35  shall  proceed  to  revoke  the  improperly  granted  prior exemption or
   36  exemptions. If the assessor is advised that the department was unable to
   37  verify the income eligibility of one or more participants in the  income
   38  verification  program,  the  assessor  shall  mail  that person or those
   39  persons a notice in a form prescribed by the department requesting  that
   40  the  person  or  persons document their income in the same manner and to
   41  the same extent as if the person or persons were submitting  an  initial
   42  application  for  the enhanced STAR exemption. If such income documenta-
   43  tion is not provided within forty-five days of such request, or  if  the
   44  documentation  provided does not establish the eligibility of the person
   45  or persons to the assessor's satisfaction, the assessor shall treat  the
   46  exemption  as  an improperly granted exemption and proceed in the manner
   47  provided by this subdivision.
   48    (b) Procedure. The assessed value attributable to each such improperly
   49  granted exemption shall be entered separately on the next ensuing tenta-
   50  tive or final assessment roll. The provisions of  section  five  hundred
       S. 2607--D                         53                         A. 3007--D

    1  fifty-one  or  five hundred fifty-three of this chapter, relating to the
    2  entry by the assessor of omitted real property on a tentative  or  final
    3  assessment  roll,  shall  apply  so far as practicable to the revocation
    4  procedure IN THIS SUBDIVISION, except that:
    5    (I)  the  tax rate to be applied to any revoked exemption shall be the
    6  tax rate that was applied to the  corresponding  assessment  roll,  [and
    7  that]
    8    (II)  interest  shall  then  be added to each such product at the rate
    9  prescribed by section nine hundred twenty-four-a of this chapter or such
   10  other law as may be applicable for each month or portion  thereon  since
   11  the  levy  of  taxes  upon  the  assessment roll or rolls upon which the
   12  exemption was granted, AND
   13    (III) FOR IMPROPERLY GRANTED STAR EXEMPTIONS OCCURRING  ON  ASSESSMENT
   14  ROLLS  FILED ON AND AFTER APRIL FIRST, TWO THOUSAND THIRTEEN, A PROCESS-
   15  ING FEE OF FIVE HUNDRED DOLLARS SHALL  BE  ADDED.  SUCH  PROCESSING  FEE
   16  IMPOSED  PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY THE ASSESSING
   17  UNIT AND THE STATE SHALL BE ENTITLED TO NO PART THEREOF.
   18    (c) Rights of owners. Each owner or owners shall be  given  notice  of
   19  the  possible  revocation  UNDER  THIS SUBDIVISION of their exemption or
   20  exemptions at the time and  in  the  manner  provided  by  section  five
   21  hundred  ten  or  five hundred fifty-three of this chapter, and shall be
   22  entitled to seek administrative and judicial review of  such  action  in
   23  the manner provided by law.
   24    (d)  Applicability.  The  provisions  of this subdivision shall not be
   25  applicable to the extent that  the  prior  exemptions  shall  have  been
   26  renounced pursuant to section four hundred ninety-six of this article.
   27    (E)  RECORDS  RETENTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
   28  IMPOSE UPON AN ASSESSOR A DUTY TO RETAIN RECORDS  FOR  A  PERIOD  LONGER
   29  THAN  THE  PERIOD  PRESCRIBED  PURSUANT TO THE ARTS AND CULTURAL AFFAIRS
   30  LAW, OR TO REQUIRE AN ASSESSOR TO  CONDUCT  A  REVIEW  OF  A  TAXPAYER'S
   31  ELIGIBILITY  WHEN  THE  ASSESSOR HAS DISPOSED OF THE RELEVANT RECORDS IN
   32  ACCORDANCE WITH SUCH LAW.
   33    13. Penalty for material misstatements. (a) Generally. [If the  asses-
   34  sor  should determine, within three years from the filing of an applica-
   35  tion for exemption pursuant to this section, that there was  a  material
   36  misstatement  on  the  application,  he or she shall proceed to impose a
   37  penalty tax against the property of one hundred dollars.] IF THE  ASSES-
   38  SOR SHOULD DETERMINE THAT THERE WAS A MATERIAL MISSTATEMENT ON AN APPLI-
   39  CATION FOR EXEMPTION PURSUANT TO THIS SECTION THAT WAS FILED ON OR AFTER
   40  OCTOBER  FIRST,  TWO  THOUSAND  TEN, HE OR SHE SHALL PROCEED TO IMPOSE A
   41  PENALTY TAX AGAINST THE PROPERTY. IF THE APPLICATION WAS FILED PRIOR  TO
   42  OCTOBER  FIRST,  TWO  THOUSAND  THIRTEEN,  THE  PENALTY TAX SHALL BE ONE
   43  HUNDRED DOLLARS, PROVIDED THAT THE ASSESSOR'S DETERMINATION MUST BE MADE
   44  WITHIN THREE YEARS OF THE FILING OF THE APPLICATION. IF THE  APPLICATION
   45  WAS  FILED ON OR AFTER OCTOBER FIRST, TWO THOUSAND THIRTEEN, THE PENALTY
   46  TAX SHALL BE EITHER ONE HUNDRED DOLLARS OR TWENTY PERCENT OF THE IMPROP-
   47  ERLY RECEIVED TAX SAVINGS, WHICHEVER IS GREATER NOT TO EXCEED TWO  THOU-
   48  SAND FIVE HUNDRED DOLLARS, PROVIDED FURTHER THAT THE ASSESSOR'S DETERMI-
   49  NATION  MUST  BE MADE WITHIN SIX YEARS OF THE FILING OF THE APPLICATION.
   50  An application shall be deemed to contain a  material  misstatement  for
   51  this purpose when either:
   52    (i)  the  applicant  or applicants claimed that the property was their
   53  primary residence, when it was not; or
   54    (ii) THE APPLICANT OR APPLICANTS CLAIMED THAT  THEY  HAD  RELINQUISHED
   55  THE  STAR  EXEMPTION  ON  THEIR FORMER PRIMARY RESIDENCE, WHEN THEY KNEW
   56  THEY HAD NOT; OR
       S. 2607--D                         54                         A. 3007--D

    1    (III) in the case of an application for  the  enhanced  exemption  for
    2  property owned by senior citizens, the applicant or applicants misrepre-
    3  sented  their age or income so as to appear eligible for such exemption,
    4  when they were not.
    5    (b)  Procedure. When the assessor determines that a penalty tax should
    6  be imposed, the penalty tax shall be entered on the next ensuing  tenta-
    7  tive  or final assessment roll. The procedures set forth in section five
    8  hundred fifty-one or five hundred fifty-three of this chapter,  relating
    9  to  the entry by the assessor of omitted real property on a tentative or
   10  final assessment roll, shall apply so far as practicable when imposing a
   11  penalty tax pursuant to this subdivision. Each owner or owners shall  be
   12  given notice of the possible imposition of a penalty tax at the time and
   13  in  the  manner  provided  by  section  five hundred ten or five hundred
   14  fifty-three of this chapter, and shall be entitled to  seek  administra-
   15  tive  and  judicial review of such action in the manner provided by law.
   16  Any penalty tax imposed pursuant to this subdivision shall  be  retained
   17  by  the  assessing  unit  AND  THE  STATE  SHALL  BE ENTITLED TO NO PART
   18  THEREOF.
   19    (c) Additional consequences. A penalty tax may be imposed pursuant  to
   20  this  subdivision whether or not the improper exemption has been revoked
   21  in the manner provided by this section. In addition, a person or persons
   22  who are found to have made a material misstatement shall be disqualified
   23  from further exemption pursuant to this section for a  period  of  [five
   24  years,  and]  FIVE  YEARS IF SUCH MISSTATEMENT APPEARS ON AN APPLICATION
   25  FILED PRIOR TO OCTOBER FIRST, TWO THOUSAND THIRTEEN, AND  SIX  YEARS  IF
   26  SUCH  MISSTATEMENT  APPEARS ON AN APPLICATION FILED THEREAFTER. IN ADDI-
   27  TION, SUCH PERSON OR PERSONS may be subject to prosecution  pursuant  to
   28  the penal law.
   29    (d)  Applicability.  The  provisions  of this subdivision shall not be
   30  applicable to the extent that  the  prior  exemptions  shall  have  been
   31  renounced pursuant to section four hundred ninety-six of this article.
   32    (E)  RECORDS  RETENTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
   33  IMPOSE UPON AN ASSESSOR A DUTY TO RETAIN RECORDS  FOR  A  PERIOD  LONGER
   34  THAN  THE  PERIOD  PRESCRIBED  PURSUANT TO THE ARTS AND CULTURAL AFFAIRS
   35  LAW, OR TO REQUIRE AN ASSESSOR TO  CONDUCT  A  REVIEW  OF  A  TAXPAYER'S
   36  ELIGIBILITY  WHEN  THE  ASSESSOR HAS DISPOSED OF THE RELEVANT RECORDS IN
   37  ACCORDANCE WITH SUCH LAW.
   38    14. STAR REGISTRATION PROGRAM. (A) THE  COMMISSIONER  SHALL  ESTABLISH
   39  AND  IMPLEMENT  A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY
   40  APPLYING FOR AND  THOSE  RECEIVING  A  BASIC  STAR  EXEMPTION  SHALL  BE
   41  REQUIRED  TO  BE REGISTERED WITH THE COMMISSIONER IN THE MANNER, AT SUCH
   42  INTERVALS, AND BY THE DATE OR  DATES  PRESCRIBED  BY  THE  COMMISSIONER,
   43  PROVIDED THAT:
   44    (I)  OWNERS  OF PROPERTIES THAT ARE RECEIVING THE BASIC STAR EXEMPTION
   45  DURING THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR  SHALL
   46  BE  REQUIRED  TO  INITIALLY REGISTER WITH THE COMMISSIONER NO LATER THAN
   47  APRIL FIRST, TWO THOUSAND FOURTEEN;
   48    (II) THE COMMISSIONER SHALL PROVIDE WRITTEN NOTICE OF THE REGISTRATION
   49  REQUIREMENT TO SUCH OWNERS AT LEAST SIXTY DAYS BEFORE  THE  REGISTRATION
   50  DEADLINE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH;
   51    (III)  AN  OWNER WHO FAILS TO REGISTER BY THE REGISTRATION DEADLINE SO
   52  ESTABLISHED SHALL BE PERMITTED TO FILE A PETITION WITH THE  COMMISSIONER
   53  REQUESTING  THAT  THE COMMISSIONER EXCUSE SUCH FAILURE AND ACCEPT A LATE
   54  REGISTRATION, PROVIDED THAT SUCH PETITION SHALL EXPLAIN WHY SUCH FAILURE
   55  OCCURRED AND SHALL BE FILED NO LATER THAN ONE YEAR AFTER SUCH DEADLINE;
       S. 2607--D                         55                         A. 3007--D

    1    (IV) AFTER THE INITIAL REGISTRATION PROGRAM HAS BEEN IMPLEMENTED,  THE
    2  COMMISSIONER  SHALL  ENDEAVOR  TO  CONFIRM THE CONTINUING ELIGIBILITY OF
    3  STAR RECIPIENTS THROUGH MEANS OTHER THAN  RE-REGISTRATION,  SUCH  AS  BY
    4  REVIEWING  THE  RELEVANT  DATA APPEARING ON PERSONAL INCOME TAX RETURNS.
    5  THE  COMMISSIONER  MAY  REINSTATE THE REGISTRATION REQUIREMENT, PROVIDED
    6  THAT IN NO EVENT MAY THE COMMISSIONER REQUIRE REGISTERED STAR RECIPIENTS
    7  TO RE-REGISTER MORE THAN ONCE IN A THREE-YEAR PERIOD  IF  THEIR  PRIMARY
    8  ADDRESSES HAVE NOT CHANGED.
    9    (B)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
   10  SIONER SHALL DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF  HE  OR
   11  SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
   12    (I)  ALL  OWNERS  OF  THE  PROPERTY  HAVE  NOT  BEEN REGISTERED BY THE
   13  PRESCRIBED DATE AND NO ACCEPTABLE JUSTIFICATION HAS BEEN  PRESENTED  FOR
   14  SUCH FAILURE;
   15    (II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR
   16  EXEMPTIONS;
   17    (III)  THE  PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF ANY OF
   18  ITS OWNERS;
   19    (IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR
   20    (V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION.
   21    (C) PRIOR TO DIRECTING THAT A STAR  EXEMPTION  BE  REMOVED  OR  DENIED
   22  PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER-
   23  TY  OWNERS  WITH NOTICE AND AN OPPORTUNITY TO SHOW THE COMMISSIONER THAT
   24  THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO
   25  RESPOND TO SUCH NOTICE WITHIN FORTY-FIVE DAYS FROM THE MAILING  THEREOF,
   26  OR  IF  THEIR  RESPONSE DOES NOT SHOW TO THE COMMISSIONER'S SATISFACTION
   27  THAT THE PROPERTY IS ELIGIBLE FOR THE EXEMPTION, THE COMMISSIONER  SHALL
   28  DIRECT  THE  ASSESSOR  OR  OTHER PERSON HAVING CUSTODY OR CONTROL OF THE
   29  ASSESSMENT ROLL OR TAX ROLL TO REMOVE OR  DENY  THE  EXEMPTION,  AND  TO
   30  CORRECT THE ROLL ACCORDINGLY. SUCH A DIRECTIVE SHALL BE BINDING UPON THE
   31  ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
   32  ROLL OR TAX ROLL, AND SHALL BE IMPLEMENTED BY SUCH  PERSON  WITHOUT  THE
   33  NEED FOR FURTHER DOCUMENTATION OR APPROVAL.
   34    (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX
   35  OF  THIS  SECTION,  NEITHER AN ASSESSOR NOR A BOARD OF ASSESSMENT REVIEW
   36  HAS THE AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR  DENIAL  OF
   37  AN  EXEMPTION  PURSUANT  TO  THIS SUBDIVISION, NOR MAY SUCH AN ACTION BE
   38  REVIEWED IN A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO  TITLE  ONE
   39  OR  ONE-A  OF  ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION MAY ONLY BE
   40  CHALLENGED BEFORE THE DEPARTMENT OF TAXATION AND FINANCE.  IF A TAXPAYER
   41  IS DISSATISFIED WITH THE DEPARTMENT'S FINAL DETERMINATION, THE  TAXPAYER
   42  MAY  APPEAL  THAT  DETERMINATION TO THE STATE BOARD OF REAL PROPERTY TAX
   43  SERVICES IN A FORM AND MANNER TO BE PRESCRIBED BY THE COMMISSIONER. SUCH
   44  APPEAL SHALL BE FILED WITHIN FORTY-FIVE DAYS FROM THE  ISSUANCE  OF  THE
   45  DEPARTMENT'S FINAL DETERMINATION. IF DISSATISFIED WITH THE STATE BOARD'S
   46  DETERMINATION, THE TAXPAYER MAY SEEK JUDICIAL REVIEW THEREOF PURSUANT TO
   47  ARTICLE  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE TAXPAYER
   48  SHALL OTHERWISE HAVE NO RIGHT TO CHALLENGE SUCH FINAL DETERMINATION IN A
   49  COURT ACTION, ADMINISTRATIVE PROCEEDING  OR  ANY  OTHER  FORM  OF  LEGAL
   50  RECOURSE  AGAINST  THE  COMMISSIONER,  THE  DEPARTMENT  OF  TAXATION AND
   51  FINANCE, THE STATE BOARD OF REAL PROPERTY TAX SERVICES, THE ASSESSOR  OR
   52  OTHER  PERSON  HAVING  CUSTODY  OR CONTROL OF THE ASSESSMENT ROLL OR TAX
   53  ROLL REGARDING SUCH ACTION.
   54    (E) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY
   55  FILINGS OF A TAXPAYER WITH THE DEPARTMENT OF  TAXATION  AND  FINANCE  IN
   56  CONJUNCTION WITH THE STAR REGISTRATION PROGRAM.
       S. 2607--D                         56                         A. 3007--D

    1    S  2.  Subdivision 2 of section 200-a of the real property tax law, as
    2  added by section 7 of part W of chapter 56  of  the  laws  of  2010,  is
    3  amended to read as follows:
    4    2.  The  state  board  of  real  property  tax services shall have the
    5  following powers in relation to real property tax administration:
    6    (a) The power to determine the final special franchise value,  special
    7  franchise  assessment,  railroad ceiling, state equalization rate or any
    8  other equalization product established  pursuant  to  this  chapter  for
    9  which  a  complaint has been filed, as provided by sections four hundred
   10  eighty-nine-o, four hundred eighty-nine-ll, six hundred fourteen, twelve
   11  hundred ten, twelve hundred fifty-three, and twelve hundred  sixty-three
   12  of this chapter;
   13    (b) The power to hear and determine reviews relating to determinations
   14  made  by  county  equalization  agencies,  as provided by sections eight
   15  hundred sixteen and eight hundred eighteen of this chapter; AND
   16    (C) THE POWER TO HEAR AND DETERMINE REVIEWS RELATING TO DETERMINATIONS
   17  OF STAR ELIGIBILITY MADE BY THE DEPARTMENT OF TAXATION  AND  FINANCE  AS
   18  PROVIDED BY SECTION FOUR HUNDRED TWENTY FIVE OF THIS CHAPTER.
   19    S 3. This act shall take effect April 1, 2013.

   20                                   PART K
   21                            Intentionally omitted

   22                                   PART L
   23                            Intentionally omitted

   24                                   PART M

   25    Section  1.  Notwithstanding  any other provision of law, and provided
   26  that the reserves in the project pool insurance account of the  mortgage
   27  insurance fund created pursuant to section 2429-b of the public authori-
   28  ties  law  are  sufficient  to attain and maintain the credit rating (as
   29  determined by the agency) required to accomplish the  purposes  of  such
   30  account, the board of directors of the state of New York mortgage agency
   31  shall  authorize the transfer from the project pool insurance account of
   32  the mortgage insurance fund to the state treasury  for  deposit  in  the
   33  general  fund a total sum not to exceed one hundred four million dollars
   34  as soon as practicable but no later than March 31, 2014.
   35    S 2. Notwithstanding any other provision of  law,  the  housing  trust
   36  fund  corporation  (the  corporation)  may  provide, for purposes of the
   37  neighborhood preservation program, a sum not  to  exceed  eight  million
   38  four  hundred  seventy-nine  thousand dollars for the fiscal year ending
   39  March 31, 2014. Notwithstanding any other provision of law, and provided
   40  that the reserves in the project pool insurance account of the  mortgage
   41  insurance fund created pursuant to section 2429-b of the public authori-
   42  ties  law  are  sufficient  to attain and maintain the credit rating (as
   43  determined by the agency) required to accomplish the  purposes  of  such
   44  account, the board of directors of the state of New York mortgage agency
   45  shall  authorize the transfer from the project pool insurance account of
   46  the mortgage insurance fund to the housing trust fund  corporation  (the
   47  corporation),  for the purposes of reimbursing any costs associated with
   48  neighborhood preservation program contracts authorized by this  section,
   49  a  total sum not to exceed eight million four hundred seventy-nine thou-
   50  sand dollars as soon as practicable but no later than June 30, 2013.
       S. 2607--D                         57                         A. 3007--D

    1    S 3. Notwithstanding any other provision of  law,  the  housing  trust
    2  fund  corporation  (the  corporation)  may  provide, for purposes of the
    3  rural preservation program, a sum  not  to  exceed  three  million  five
    4  hundred  thirty-nine  thousand  dollars for the fiscal year ending March
    5  31,  2014. Notwithstanding any other provision of law, and provided that
    6  the reserves in the project  pool  insurance  account  of  the  mortgage
    7  insurance fund created pursuant to section 2429-b of the public authori-
    8  ties  law  are  sufficient  to attain and maintain the credit rating (as
    9  determined by the agency) required to accomplish the  purposes  of  such
   10  account, the board of directors of the state of New York mortgage agency
   11  shall  authorize the transfer from the project pool insurance account of
   12  the mortgage insurance fund to the housing trust fund  corporation  (the
   13  corporation),  for the purposes of reimbursing any costs associated with
   14  rural preservation program contracts authorized by this section, a total
   15  sum not to  exceed  three  million  five  hundred  thirty-nine  thousand
   16  dollars as soon as practicable but no later than June 30, 2013.
   17    S  4.  Notwithstanding  any  other provision of law, the housing trust
   18  fund corporation (the corporation) may  provide,  for  purposes  of  the
   19  rural rental assistance program, a sum not to exceed twenty million four
   20  hundred  thousand  dollars  for  the  fiscal year ending March 31, 2014.
   21  Notwithstanding any other  provision  of  law,  and  provided  that  the
   22  reserves in the project pool insurance account of the mortgage insurance
   23  fund  created  pursuant  to section 2429-b of the public authorities law
   24  are sufficient to attain and maintain the credit rating  (as  determined
   25  by  the agency) required to accomplish the purposes of such account, the
   26  board of directors of the  state  of  New  York  mortgage  agency  shall
   27  authorize  the  transfer  from the project pool insurance account of the
   28  mortgage insurance fund to  the  housing  trust  fund  corporation  (the
   29  corporation),  for the purposes of reimbursing any costs associated with
   30  rural rental assistance program contracts authorized by this section,  a
   31  total  sum not to exceed twenty million four hundred thousand dollars as
   32  soon as practicable but no later than June 30,  2013.    Notwithstanding
   33  any  other  provision  of  law,  all  current  and existing rural rental
   34  assistance program contracts may  be  assigned  to  the  corporation  to
   35  administer  as  soon as practicable. Notwithstanding any other provision
   36  of law, such funds  may  be  used  by  the  corporation  in  support  of
   37  contracts  scheduled  to  expire in 2013-14 for as many as 10 additional
   38  years; in support of contracts for new eligible projects  for  a  period
   39  not  to exceed 5 years; and in support of contracts which reach their 25
   40  year maximum in and/or prior to 2013-14 for an additional one year peri-
   41  od.
   42    S 5. Notwithstanding any other provision of law, the  housing  finance
   43  agency  may  provide,  for  costs  associated with the rehabilitation of
   44  Mitchell Lama housing projects, a sum not to  exceed  seventeen  million
   45  five  hundred  eighty-two  thousand  dollars  for the fiscal year ending
   46  March 31, 2014. Notwithstanding any other provision of law, and provided
   47  that the reserves in the project pool insurance account of the  mortgage
   48  insurance fund created pursuant to section 2429-b of the public authori-
   49  ties  law  are  sufficient  to attain and maintain the credit rating (as
   50  determined by the agency) required to accomplish the  purposes  of  such
   51  account, the board of directors of the state of New York mortgage agency
   52  shall  authorize the transfer from the project pool insurance account of
   53  the mortgage insurance fund to  the  housing  finance  agency,  for  the
   54  purposes  of reimbursing any costs associated with Mitchell Lama housing
   55  projects authorized by this section, a total sum not to exceed seventeen
       S. 2607--D                         58                         A. 3007--D

    1  million five hundred eighty-two thousand dollars as soon as  practicable
    2  but no later than March 30, 2014.
    3    S  6.  Notwithstanding  any  other provision of law, the housing trust
    4  fund corporation (the corporation) may  provide,  for  purposes  of  the
    5  rural  and  urban  community investment fund program created pursuant to
    6  article XXVII of the private housing finance law, a sum  not  to  exceed
    7  three  million  five hundred thousand dollars for the fiscal year ending
    8  March 31, 2014. Notwithstanding any other provision of law, and provided
    9  that the reserves in the project pool insurance account of the  mortgage
   10  insurance fund created pursuant to section 2429-b of the public authori-
   11  ties  law  are  sufficient  to attain and maintain the credit rating (as
   12  determined by the agency) required to accomplish the  purposes  of  such
   13  account, the board of directors of the state of New York mortgage agency
   14  shall  authorize the transfer from the project pool insurance account of
   15  the mortgage insurance fund to the housing trust fund  corporation  (the
   16  corporation),  for the purposes of reimbursing any costs associated with
   17  rural and urban community investment fund program  contracts  authorized
   18  by  this  section,  a total sum not to exceed three million five hundred
   19  thousand dollars as soon as practicable but  no  later  than  March  31,
   20  2014.
   21    S  7.  Notwithstanding  any  other provision of law, the housing trust
   22  fund corporation (the corporation) may  provide,  for  the  purposes  of
   23  carrying out the provisions of the low income housing trust fund program
   24  created  pursuant to article XVIII of the private housing finance law, a
   25  sum not to exceed three million dollars for the fiscal year ending March
   26  31, 2014. Notwithstanding any other provision of law, and provided  that
   27  the  reserves  in  the  project  pool  insurance account of the mortgage
   28  insurance fund created pursuant to section 2429-b of the public authori-
   29  ties law are sufficient to attain and maintain  the  credit  rating  (as
   30  determined  by  the  agency) required to accomplish the purposes of such
   31  account, the board of directors of the state of New York mortgage agency
   32  shall authorize the transfer from the project pool insurance account  of
   33  the  mortgage  insurance fund to the housing trust fund corporation (the
   34  corporation), for the purposes of carrying out the provisions of the low
   35  income housing trust fund program created pursuant to article  XVIII  of
   36  the  private housing finance law authorized by this section, a total sum
   37  not to exceed three million dollars as soon as practicable but no  later
   38  than March 31, 2014. Such funds shall only be used to support housing in
   39  a  metropolitan  statistical  area for persons and families whose income
   40  does not exceed sixty percent of the median income for such metropolitan
   41  statistical area, or housing in areas outside of a metropolitan  statis-
   42  tical  area  for  persons or families whose income does not exceed sixty
   43  percent of the median income for the state.
   44    S 8. Notwithstanding any other provision of  law,  the  housing  trust
   45  fund  corporation  (the  corporation)  may  provide, for the purposes of
   46  carrying out the provisions of the  urban  initiatives  program  created
   47  pursuant  to article XVI-A of the private housing finance law, a sum not
   48  to exceed two million dollars for the fiscal year ending March 31, 2014.
   49  Notwithstanding any other  provision  of  law,  and  provided  that  the
   50  reserves in the project pool insurance account of the mortgage insurance
   51  fund  created  pursuant  to section 2429-b of the public authorities law
   52  are sufficient to attain and maintain the credit rating  (as  determined
   53  by  the agency) required to accomplish the purposes of such account, the
   54  board of directors of the  state  of  New  York  mortgage  agency  shall
   55  authorize  the  transfer  from the project pool insurance account of the
   56  mortgage insurance fund to  the  housing  trust  fund  corporation  (the
       S. 2607--D                         59                         A. 3007--D

    1  corporation),  for  the  purposes  of carrying out the urban initiatives
    2  program created pursuant to provisions of article XVI-A of  the  private
    3  housing  finance  law  authorized  by  this  section, a total sum not to
    4  exceed  two  million  dollars  as  soon as practicable but no later than
    5  March 31, 2014.
    6    S 9. Notwithstanding any other provision of  law,  the  housing  trust
    7  fund  corporation  (the  corporation)  may  provide, for purposes of the
    8  rural area revitalization program created pursuant to article XVII-B  of
    9  the  private  housing  finance law, a sum not to exceed one million five
   10  hundred thousand dollars for the fiscal  year  ending  March  31,  2014.
   11  Notwithstanding  any  other  provision  of  law,  and  provided that the
   12  reserves in the project pool insurance account of the mortgage insurance
   13  fund created pursuant to section 2429-b of the  public  authorities  law
   14  are  sufficient  to attain and maintain the credit rating (as determined
   15  by the agency) required to accomplish the purposes of such account,  the
   16  board  of  directors  of  the  state  of  New York mortgage agency shall
   17  authorize the transfer from the project pool insurance  account  of  the
   18  mortgage  insurance  fund  to  the  housing  trust fund corporation (the
   19  corporation), for the purposes of reimbursing any costs associated  with
   20  rural  area revitalization program contracts authorized by this section,
   21  a total sum not to exceed one million five hundred thousand  dollars  as
   22  soon as practicable but no later than March 31, 2014.
   23    S 10. This act shall take effect immediately.

   24                                   PART N

   25    Section  1.  Section  21  of  the labor law is amended by adding a new
   26  subdivision 14 to read as follows:
   27    14. SHALL DO ALL THINGS NECESSARY FOR THE OPERATION OF  THE  NEW  YORK
   28  STATE  DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH THE
   29  UNITED STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE  AGEN-
   30  CIES,  UNIVERSITIES,  REGIONAL  ORGANIZATIONS,  BOARDS, COMMISSIONS, AND
   31  OTHER ENTITIES IN THE DISSEMINATION OF  SOCIO-ECONOMIC  INFORMATION  AND
   32  DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH
   33  INFORMATION  AND  DATA,  TO  PROVIDE TECHNICAL ASSISTANCE TO OTHER STATE
   34  AGENCIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS  AND
   35  OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF
   36  POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY
   37  ALL  STATE AGENCIES.   ALL EMPLOYEES TRANSFERRED TO THE DEPARTMENT SHALL
   38  BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR QUALIFICATION TO THE  SAME
   39  OR  SIMILAR  TITLES  AND  SHALL REMAIN IN THE SAME COLLECTIVE BARGAINING
   40  UNITS AND SHALL RETAIN THEIR RESPECTIVE CIVIL  SERVICE  CLASSIFICATIONS,
   41  STATUS  AND  RIGHTS  PURSUANT  TO  THEIR COLLECTIVE BARGAINING UNITS AND
   42  COLLECTIVE BARGAINING AGREEMENTS.
   43    S 2. Subdivision 17 of section 100 of the economic development law  is
   44  REPEALED.
   45    S 3. This act shall take effect immediately.

   46                                   PART O

   47    Section  1. Paragraph (a) of subdivision 1 of section 518 of the labor
   48  law, as amended by chapter 589 of the laws of 1998, is amended  to  read
   49  as follows:
   50    (a)  "Wages"  means  all remuneration paid, except that such term does
   51  not include remuneration paid to an employee by an employer after  eight
   52  thousand  five  hundred  dollars have been paid to such employee by such
       S. 2607--D                         60                         A. 3007--D

    1  employer with respect to employment during  any  calendar  year,  EXCEPT
    2  THAT  SUCH  TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN
    3  EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR  YEAR  BEGINNING
    4  WITH THE FIRST DAY OF
    5                                          THAT EXCEEDS
    6               JANUARY 2014                  $10,300
    7               JANUARY 2015                  $10,500
    8               JANUARY 2016                  $10,700
    9               JANUARY 2017                  $10,900
   10               JANUARY 2018                  $11,100
   11               JANUARY 2019                  $11,400
   12               JANUARY 2020                  $11,600
   13               JANUARY 2021                  $11,800
   14               JANUARY 2022                  $12,000
   15               JANUARY 2023                  $12,300
   16               JANUARY 2024                  $12,500
   17               JANUARY 2025                  $12,800
   18               JANUARY 2026                  $13,000
   19  AND  EACH  YEAR  THEREAFTER  ON  THE  FIRST  DAY OF JANUARY THAT EXCEEDS
   20  SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY  THE
   21  COMMISSIONER  ON  AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN-
   22  TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER,  THAT  IN  CALCULATING  SUCH
   23  MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE
   24  STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO
   25  THE  NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER-
   26  AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The
   27  term "employment" includes for the purposes of this subdivision services
   28  constituting employment  under  any  unemployment  compensation  law  of
   29  another state or the United States.
   30    S  2.  Subdivision 1, paragraph (a) of subdivision 2 and subdivision 6
   31  of section 527 of the labor law, subdivision 1 as amended by chapter 413
   32  of the laws of 2003, paragraph (a) of subdivision 2 as amended by  chap-
   33  ter  5  of the laws of 2000 and subdivision 6 as added by chapter 589 of
   34  the laws of 1998, are amended to read as follows:
   35    1. Basic condition. "Valid original claim"  is  a  claim  filed  by  a
   36  claimant  who  meets  the following qualifications: (a) is able to work,
   37  and available for work; (b) is not subject to  any  disqualification  or
   38  suspension  under  this  article;  (c) his OR HER previously established
   39  benefit year, if any, has expired; (d) has  been  paid  remuneration  by
   40  employers  liable  for contributions or for payments in lieu of contrib-
   41  utions under this article, other than employers from whom  the  claimant
   42  lost  employment  [under  conditions  which  would be] AND FOR WHICH THE
   43  COMMISSIONER  MAKES  A  DETERMINATION  disqualifying  THE  CLAIMANT  FOR
   44  MISCONDUCT  pursuant  to  [subdivision]  SUBDIVISIONS  three  AND SIX of
   45  section five hundred ninety-three of this article, for employment during
   46  at least two calendar quarters of the base period, with remuneration  of
   47  one and one-half times the high calendar quarter [earnings] REMUNERATION
   48  within  the base period and with at least [one thousand six] TWO HUNDRED
   49  TWENTY-ONE TIMES THE MINIMUM WAGE ESTABLISHED UNDER SUBDIVISION  ONE  OF
   50  SECTION  SIX HUNDRED FIFTY-TWO OF THIS CHAPTER ROUNDED DOWN TO THE NEAR-
   51  EST ONE hundred dollars of such remuneration being paid during the  high
   52  calendar  quarter of such base period. For purposes of this section, the
   53  [earnings] REMUNERATION in the high calendar quarter of the base  period
   54  used  in  determining  a valid original claim shall not exceed an amount
   55  equal to twenty-two times the maximum  benefit  rate  as  set  forth  in
       S. 2607--D                         61                         A. 3007--D

    1  subdivision  five of section five hundred ninety of this article for all
    2  individuals.
    3    (a)  An  individual  who  is  unable to file a valid original claim in
    4  accordance with subdivision one of this section, files a valid  original
    5  claim  by  meeting  the qualifications enumerated in paragraphs (a), (b)
    6  and (c) of subdivision one of this  section  and  by  having  been  paid
    7  remuneration  by  employers  liable for contributions or for payments in
    8  lieu of contributions under this article, other than employers from whom
    9  the claimant lost employment [under conditions which are] AND FOR  WHICH
   10  THE  COMMISSIONER  MAKES  A DETERMINATION disqualifying THE CLAIMANT FOR
   11  MISCONDUCT pursuant to  [subdivision]  SUBDIVISIONS  three  AND  SIX  of
   12  section five hundred ninety-three of this article, for employment during
   13  at  least two calendar quarters of the base period, with remuneration of
   14  one and one-half times the high calendar quarter [earnings] REMUNERATION
   15  within the base period and with at least [one thousand six] TWO  HUNDRED
   16  TWENTY-ONE  TIMES  THE MINIMUM WAGE ESTABLISHED UNDER SUBDIVISION ONE OF
   17  SECTION SIX HUNDRED FIFTY-TWO OF THIS CHAPTER ROUNDED DOWN TO THE  NEAR-
   18  EST  ONE hundred dollars of such remuneration being paid during the high
   19  calendar quarter of such base period. For purposes of this section,  the
   20  [earnings]  REMUNERATION in the high calendar quarter of the base period
   21  used in determining a valid original claim shall not  exceed  an  amount
   22  equal  to  twenty-two  times  the  maximum  benefit rate as set forth in
   23  subdivision five of section five hundred ninety of this article for  all
   24  individuals.
   25    6.  Work  requirement.  An  individual  who has filed a previous valid
   26  original claim pursuant to this section must have worked  in  employment
   27  and  been  paid  remuneration  for such work since the beginning of such
   28  previous claim in an amount equal to  at  least  [five]  TEN  times  the
   29  claimant's  weekly benefit rate in order to be able to file a subsequent
   30  valid original claim.
   31    S 3. The labor law is amended by adding a new section 529 to  read  as
   32  follows:
   33    S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
   34  AL  WAGE"  SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
   35  THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE  COMMISSIONER  NO  LATER
   36  THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
   37    2.  THE  "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
   38  STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS  DETERMINED  BY  THE
   39  COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
   40    S  4. Subdivisions 1 and 3 of section 576 of the labor law, as amended
   41  by chapter 49 of the laws of 1966, are amended to read as follows:
   42    1. Determinations of liability for contributions.  No determination of
   43  liability for contributions pursuant to section five  hundred  sixty  of
   44  this  article  shall be made more than three years after the last day of
   45  the calendar year in which the wages on which such  liability  is  based
   46  were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   47    3.  Determinations  of LIABILITY FOR AND amount of contributions after
   48  contest. If an  employer  contests  a  determination  of  liability  for
   49  contributions,  a  determination  of  LIABILITY  FOR  AND  the amount of
   50  contributions due FOR THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may be
   51  made at any time prior to the latter of the following:
   52    (a) three years after the last day of the calendar year in  which  the
   53  wages on which such contributions are based were paid; or
   54    (b)  two  years  after the last day of the calendar year in which such
   55  determination of liability for contributions  became  final  and  irrev-
   56  ocable.
       S. 2607--D                         62                         A. 3007--D

    1    S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is
    2  amended by adding a new subparagraph 9 to read as follows:
    3    (9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE.
    4    S  6.  Subparagraph 3 of paragraph (e) of subdivision 1 of section 581
    5  of the labor law, as amended by chapter 589 of  the  laws  of  1998,  is
    6  amended to read as follows:
    7    (3)  An employer's account shall not be charged, and the charges shall
    8  instead  be made to the general account, for benefits paid to a claimant
    9  after the expiration of  a  period  of  disqualification  from  benefits
   10  following  a  final determination that the claimant lost employment with
   11  the employer through misconduct or voluntary  separation  of  employment
   12  without  good  cause  within the meaning of section five hundred ninety-
   13  three of this article and the charges are attributable  to  remuneration
   14  paid during  the claimant's base period of employment with such employer
   15  prior  to  the  claimant's loss of employment with such employer through
   16  misconduct or voluntary separation of  employment  without  good  cause,
   17  PROVIDED,  HOWEVER,  THAT  AN  EMPLOYER SHALL NOT BE RELIEVED OF CHARGES
   18  PURSUANT TO THIS SUBPARAGRAPH IF AN  EMPLOYER  OR  ITS  AGENT  FAILS  TO
   19  SUBMIT  INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION FIVE
   20  HUNDRED NINETY-SEVEN OF THIS ARTICLE.
   21    S 7. Paragraph (a) of subdivision 2 of section 581 of the  labor  law,
   22  as  added  by  chapter  413  of  the laws of 2003, is amended to read as
   23  follows:
   24    (a) Each qualified  employer's  rate  of  contribution  shall  be  the
   25  percentage  shown  in the column headed by the size of the fund index as
   26  of the computation date and on the same line with his or her negative or
   27  positive employer's account percentage, except that if within the  three
   28  payroll  years  preceding  the  computation  date any part of a negative
   29  balance has been transferred from any employer's account as a charge  to
   30  the  general  account  pursuant  to  the  provisions of paragraph (e) of
   31  subdivision one of this section such  employer's  rate  of  contribution
   32  shall  be the maximum contribution rate as shown in the column headed by
   33  the size of fund index;

   34                             Size of Fund Index
   35  Employer's
   36  Account
   37  Percentage  Less  0%  0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
   38              Than but  but  but  but  but  but  but  but  but  but  or
   39              0%   less less less less less less less less less less more
   40                   than than than than than than than than than than
   41                   0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%

   42  Negative

   43  21.0%
   44  or more     8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
   45  20.5%
   46  or more
   47  but less
   48  than 21.0%  8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
   49  20.0%
   50  or more
   51  but less
   52  than 20.5%  8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
       S. 2607--D                         63                         A. 3007--D

    1  19.5%
    2  or more
    3  but less
    4  than 20.0%  8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
    5  19.0%
    6  or more
    7  but less
    8  than 19.5%  8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
    9  18.5%
   10  or more
   11  but less
   12  than 19.0%  8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
   13  18.0%
   14  or more
   15  but less
   16  than 18.5%  8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
   17  17.5%
   18  or more
   19  but less
   20  than 18.0%  8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20
   21  17.0%
   22  or more
   23  but less
   24  than 17.5%  8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
   25  16.5%
   26  or more
   27  but less
   28  than 17.0%  8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
   29  16.0%
   30  or more
   31  but less
   32  than 16.5%  7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
   33  15.5%
   34  or more
   35  but less
   36  than 16.0%  7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
   37  15.0%
   38  or more
   39  but less
   40  than 15.5%  7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
   41  14.5%
   42  or more
   43  but less
   44  than 15.0%  7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
   45  14.0%
   46  or more
   47  but less
   48  than 14.5%  7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
   49  13.5%
   50  or more
   51  but less
   52  than 14.0%  7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
   53  13.0%
   54  or more
   55  but less
   56  than 13.5%  7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
       S. 2607--D                         64                         A. 3007--D

    1  12.5%
    2  or more
    3  but less
    4  than 13.0%  7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
    5  12.0%
    6  or more
    7  but less
    8  than 12.5%  7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
    9  11.5%
   10  or more
   11  but less
   12  than 12.0%  7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
   13  11.0%
   14  or more
   15  but less
   16  than 11.5%  6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
   17  10.5%
   18  or more
   19  but less
   20  than 11.0%  6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80
   21  10.0%
   22  or more
   23  but less
   24  than 10.5%  6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
   25  9.5%
   26  or more
   27  but less
   28  than 10.0%  6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
   29  9.0%
   30  or more
   31  but less
   32  than 9.5%   6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
   33  8.5%
   34  or more
   35  but less
   36  than 9.0%   6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
   37  8.0%
   38  or more
   39  but less
   40  than 8.5%   6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
   41  7.0%
   42  or more
   43  but less
   44  than 8.0%   6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
   45  6.0%
   46  or more
   47  but less
   48  than 7.0%   6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
   49  5.0%
   50  or more
   51  but less
   52  than 6.0%   6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
   53  4.0%
   54  or more
   55  but less
   56  than 5.0%   5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
       S. 2607--D                         65                         A. 3007--D

    1  3.0%
    2  or more
    3  but less
    4  than 4.0%   5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
    5  2.0%
    6  or more
    7  but less
    8  than 3.0%   5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
    9  1.0%
   10  or more
   11  but less
   12  than 2.0%   5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
   13  Less
   14  than 1.0%   5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40

   15  Positive

   16  Less
   17  than 1.0%   4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
   18  1.0%
   19  or more
   20  but less
   21  than 2.0%   4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
   22  2.0%
   23  or more
   24  but less
   25  than 3.0%   3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
   26  3.0%
   27  or more
   28  but less
   29  than 4.0%   3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
   30  4.0%
   31  or more
   32  but less
   33  than 5.0%   3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
   34  5.0%
   35  or more
   36  but less
   37  than 5.5%   3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
   38  5.5%
   39  or more but
   40  less than
   41  5.75%       3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
   42  5.75%
   43  or more
   44  but less
   45  than 6.0%   3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
   46  6.0%
   47  or more but
   48  less than
   49  6.25%       3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
   50  6.25%
   51  or more
   52  but less
   53  than 6.5%   3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
   54  6.5%
       S. 2607--D                         66                         A. 3007--D

    1  or more but
    2  less than
    3  6.75%       3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
    4  6.75%
    5  or more
    6  but less
    7  than 7.0%   3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
    8  7.0%
    9  or more but
   10  less than
   11  7.25%       2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
   12  7.25%
   13  or more
   14  but less
   15  than 7.5%   2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
   16  7.5%
   17  or more but
   18  less than
   19  7.75%       2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
   20  7.75%
   21  or more
   22  but less
   23  than 8.0%   2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
   24  8.0%
   25  or more but
   26  less than
   27  8.25%       2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
   28  8.25%
   29  or more
   30  but less
   31  than 8.5%   2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
   32  8.5%
   33  or more but
   34  less than
   35  8.75%       2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
   36  8.75%
   37  or more
   38  but less
   39  than 9.0%   2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
   40  9.0%
   41  or more but
   42  less than
   43  9.25%       2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
   44  9.25%
   45  or more
   46  but less
   47  than 9.5%   2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
   48  9.5%
   49  or more but
   50  less than
   51  9.75%       1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
   52  9.75%
   53  or more but
   54  less than
   55  10.0%       1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
   56  10.0%
       S. 2607--D                         67                         A. 3007--D

    1  or more but
    2  less than
    3  10.25%      1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
    4  10.25%
    5  or more but
    6  less than
    7  10.5%       1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
    8  10.5%
    9  or more [but
   10  less than
   11  10.75%]     1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
   12  [10.75%
   13  or more but
   14  less than
   15  11.0%       1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
   16  11.0%
   17  or more but
   18  less than
   19  11.25%      1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
   20  11.25%
   21  or more but
   22  less than
   23  11.5%       1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
   24  11.5%
   25  or more but
   26  less than
   27  11.75%      1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
   28  11.75%
   29  or more but
   30  less than
   31  12.0%       1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
   32  12.0% or
   33  more        0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
   34    S  8.  Subdivision  5  of  section 590 of the labor law, as amended by
   35  chapter 413 of the laws of 2003, is amended to read as follows:
   36    5. Benefit rate. (A) A claimant's weekly benefit amount shall  be  one
   37  twenty-sixth  of the remuneration paid during the highest calendar quar-
   38  ter of the  base  period  by  employers,  liable  for  contributions  or
   39  payments  in  lieu  of  contributions  under  this article, PROVIDED THE
   40  CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING  HIS
   41  OR  HER  BASE  PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants]
   42  ANY CLAIMANT WHO HAS REMUNERATION PAID IN  ALL  FOUR  CALENDAR  QUARTERS
   43  DURING  HIS  OR  HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high
   44  calendar quarter remuneration during the base period is  three  thousand
   45  five  hundred  seventy-five dollars or less, the benefit amount shall be
   46  one twenty-fifth of the remuneration paid during  the  highest  calendar
   47  quarter  of  the  base  period  by employers liable for contributions or
   48  payments in lieu of contributions under this article. A CLAIMANT'S WEEK-
   49  LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN
   50  THE TWO HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR  ALTERNATE  BASE
   51  PERIOD  BY  EMPLOYERS  LIABLE  FOR  CONTRIBUTIONS OR PAYMENTS IN LIEU OF
   52  CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID
   53  IN TWO OR THREE CALENDAR QUARTERS  PROVIDED  HOWEVER,  THAT  A  CLAIMANT
   54  WHOSE HIGH CALENDAR QUARTER IS FOUR THOUSAND DOLLARS OR LESS BUT GREATER
   55  THAN THREE THOUSAND FIVE HUNDRED SEVENTY-FIVE DOLLARS SHALL HAVE A WEEK-
   56  LY  BENEFIT  AMOUNT  OF  ONE TWENTY-SIXTH OF SUCH HIGH CALENDAR QUARTER.
       S. 2607--D                         68                         A. 3007--D

    1  HOWEVER, FOR ANY CLAIMANT WHO HAS REMUNERATION  PAID  IN  TWO  OR  THREE
    2  CALENDAR QUARTERS DURING HIS OR HER BASE PERIOD OR ALTERNATE BASE PERIOD
    3  AND  WHOSE  HIGH CALENDAR QUARTER REMUNERATION DURING THE BASE PERIOD IS
    4  THREE  THOUSAND  FIVE  HUNDRED SEVENTY-FIVE DOLLARS OR LESS, THE BENEFIT
    5  AMOUNT SHALL BE ONE TWENTY-FIFTH OF THE  REMUNERATION  PAID  DURING  THE
    6  HIGHEST  CALENDAR  QUARTER  OF  THE  BASE PERIOD BY EMPLOYERS LIABLE FOR
    7  CONTRIBUTIONS OR PAYMENTS IN LIEU OF CONTRIBUTIONS UNDER  THIS  ARTICLE.
    8  Any  claimant  whose  high calendar quarter remuneration during the base
    9  period is more than three thousand  five  hundred  seventy-five  dollars
   10  shall not have a weekly benefit amount less than one hundred forty-three
   11  dollars.  The weekly benefit amount, so computed, that is not a multiple
   12  of one dollar shall be lowered to the next multiple of  one  dollar.  On
   13  the  first Monday of September, nineteen hundred ninety-eight the weekly
   14  benefit amount shall not exceed three hundred sixty-five dollars nor  be
   15  less  than forty dollars, until the first Monday of September, two thou-
   16  sand, at which time the maximum benefit payable pursuant to this  subdi-
   17  vision shall equal one-half of the state average weekly wage for covered
   18  employment  as  calculated  by the department no sooner than July first,
   19  two thousand and no later than August first, two thousand, rounded  down
   20  to  the  lowest  dollar.  ON  AND AFTER THE FIRST MONDAY OF OCTOBER, TWO
   21  THOUSAND FOURTEEN, THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED
   22  DOLLARS, NOR SHALL IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST
   23  MONDAY OF OCTOBER, TWO THOUSAND FIFTEEN WHEN THE MAXIMUM BENEFIT  AMOUNT
   24  SHALL  BE  FOUR  HUNDRED  TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF
   25  OCTOBER, TWO THOUSAND SIXTEEN WHEN THE MAXIMUM BENEFIT AMOUNT  SHALL  BE
   26  FOUR  HUNDRED  THIRTY  DOLLARS,  UNTIL  THE FIRST MONDAY OF OCTOBER, TWO
   27  THOUSAND SEVENTEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED
   28  THIRTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY  OF  OCTOBER,  TWO  THOUSAND
   29  EIGHTEEN  WHEN  THE  MAXIMUM  BENEFIT AMOUNT SHALL BE FOUR HUNDRED FIFTY
   30  DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND  NINETEEN  WHEN
   31  THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE THIRTY-SIX PERCENT OF THE AVERAGE
   32  WEEKLY WAGE UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY  WHEN
   33  THE  MAXIMUM BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE
   34  WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER TWO  THOUSAND  TWENTY-ONE
   35  WHEN  THE  MAXIMUM  BENEFIT AMOUNT SHALL BE FORTY PERCENT OF THE AVERAGE
   36  WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND  TWENTY-TWO
   37  WHEN  THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVER-
   38  AGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  TWEN-
   39  TY-THREE  WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-FOUR PERCENT OF
   40  THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND
   41  TWENTY-FOUR WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE  FORTY-SIX  PERCENT
   42  OF THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOU-
   43  SAND  TWENTY-FIVE  WHEN  THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT
   44  PERCENT OF THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY  OF  OCTOBER,
   45  TWO  THOUSAND TWENTY-SIX AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF
   46  OCTOBER WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY  PERCENT  OF  THE
   47  AVERAGE  WEEKLY WAGE PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE MAXI-
   48  MUM BENEFIT AMOUNT BE REDUCED FROM THE PREVIOUS YEAR.
   49    (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
   50  NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
   51  (A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES
   52  THAT THE STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN  EACH  MONTH
   53  OF  THE  FIRST  TWO  CALENDAR  QUARTERS OF THE YEAR IN WHICH THE MAXIMUM
   54  BENEFIT AMOUNT INCREASE IS  SCHEDULED  TO  OCCUR.  IF  THE  COMMISSIONER
   55  DETERMINES  THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS
   56  IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT  TO
       S. 2607--D                         69                         A. 3007--D

    1  SUCH  SUSPENSION  OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE
    2  MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR  PREVI-
    3  OUSLY  SCHEDULED  TO  BE  ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF THIS
    4  SUBDIVISION  HAD  THE INCREASE NOT BEEN SUSPENDED AND INCREASED ANNUALLY
    5  THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
    6  THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
    7  OF THE MAXIMUM BENEFIT AMOUNT TO LESS THAN THE AMOUNT  PROVIDED  IN  THE
    8  MOST RECENT YEAR.
    9    S  9.  Paragraph (b) of subdivision 5 of section 590 of the labor law,
   10  as added by section eight of this act, is REPEALED and a  new  paragraph
   11  (b) is added to read as follows:
   12    (B)  NOTWITHSTANDING  THE  FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
   13  NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN  PARAGRAPH
   14  (A)  OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND ON
   15  THE THIRTY-FIRST DAY OF MAY OF THE SAME YEAR IS LESS THAN AN  AMOUNT  OF
   16  THE  FUNDS PROJECTED TO BE NEEDED TO PAY FOR THE INCREASE IN BENEFITS AS
   17  DETERMINED BY THE COMMISSIONER. IF FUND REVENUES ARE DETERMINED  BY  THE
   18  COMMISSIONER  TO  BE  SUFFICIENT  TO PAY FOR THE INCREASE IN BENEFITS IN
   19  YEARS SUBSEQUENT TO SUCH SUSPENSION OF AN INCREASE IN THE MAXIMUM  BENE-
   20  FIT AMOUNT, THEN THE MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT
   21  FOR  THE  YEAR  PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT TO PARA-
   22  GRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT  BEEN  SUSPENDED  AND
   23  INCREASED  ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH
   24  IN PARAGRAPH (A) OF THIS SUBDIVISION. IN NO CASE SHALL  SUCH  SUSPENSION
   25  RESULT  IN  A  REDUCTION  OF THE MAXIMUM BENEFIT AMOUNT TO LESS THAN THE
   26  AMOUNT PROVIDED IN THE MOST RECENT YEAR.
   27    S 10. Paragraph (b) of subdivision 5 of section 590 of the labor  law,
   28  as added by section nine of this act is REPEALED and a new paragraph (b)
   29  is added to read as follows:
   30    (B)  NOTWITHSTANDING  THE  FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
   31  NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN  PARAGRAPH
   32  (A)  OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND IS
   33  DETERMINED BY THE COMMISSIONER TO NOT HAVE REACHED  OR  EXCEEDED  THIRTY
   34  PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606
   35  AS  THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT LEAST
   36  ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR
   37  AS THE INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION  OF  AN
   38  INCREASE  IN  THE  MAXIMUM BENEFIT AMOUNT, THE COMMISSIONER SHALL DETER-
   39  MINE, ON AT LEAST ONE DAY BETWEEN APRIL FIRST AND  JUNE  THIRTIETH  THAT
   40  THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH
   41  COST  MULTIPLE,  THEN  THE  MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE
   42  PERCENTAGE FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED  PURSUANT
   43  TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED
   44  AND  INCREASED  ANNUALLY  THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET
   45  FORTH IN PARAGRAPH (A) OF  THIS  SUBDIVISION.  IN  NO  CASE  SHALL  SUCH
   46  SUSPENSION  RESULT  IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO LESS
   47  THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
   48    S 11. Subdivision 9 of section 590 of the  labor  law  is  amended  by
   49  adding a new paragraph (d) to read as follows:
   50    (D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE
   51  FOR  BENEFITS,  PROVIDED  SUCH  ALIEN IS ELIGIBLE FOR BENEFITS UNDER THE
   52  PROVISIONS OF THIS ARTICLE AND SECTION 3304  (A)  (14)  OF  THE  FEDERAL
   53  UNEMPLOYMENT TAX ACT.
   54    S  12.  Subdivision  2  of section 591 of the labor law, as amended by
   55  chapter 720 of the laws of 1953, is amended to read as follows:
       S. 2607--D                         70                         A. 3007--D

    1    2. Availability [and], capability, AND WORK SEARCH.  No benefits shall
    2  be payable to any claimant who is not capable of  work  or  who  is  not
    3  ready, willing and able to work in his OR HER usual employment or in any
    4  other  for  which he OR SHE is reasonably fitted by training and experi-
    5  ence  AND  WHO  IS  NOT ACTIVELY SEEKING WORK.   IN ORDER TO BE ACTIVELY
    6  SEEKING WORK A CLAIMANT MUST BE  ENGAGED  IN  SYSTEMATIC  AND  SUSTAINED
    7  EFFORTS  TO  FIND  WORK.   THE COMMISSIONER SHALL PROMULGATE REGULATIONS
    8  DEFINING SYSTEMATIC AND SUSTAINED EFFORTS TO FIND WORK AND SETTING STAN-
    9  DARDS FOR THE PROOF OF WORK SEARCH EFFORTS.
   10    S 13. Section 591 of the labor law is amended by adding a new subdivi-
   11  sion 6 to read as follows:
   12    6. DISMISSAL PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A  CLAIMANT  FOR
   13  ANY  WEEK  DURING  A  DISMISSAL  PERIOD  FOR  WHICH  A CLAIMANT RECEIVES
   14  DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF
   15  TOTAL UNEMPLOYMENT UNDER SECTION FIVE HUNDRED TWENTY-TWO OF  THIS  ARTI-
   16  CLE,  IF  SUCH  WEEKLY  DISMISSAL PAY EXCEEDS THE MAXIMUM WEEKLY BENEFIT
   17  RATE.
   18    (B) THE TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION,  MEANS  ONE
   19  OR  MORE  PAYMENTS  MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO HIS OR HER
   20  SEPARATION FROM SERVICE  OF  THE  EMPLOYER  REGARDLESS  OF  WHETHER  THE
   21  EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH
   22  PAYMENTS.  THE  TERM  DOES NOT INCLUDE PAYMENTS FOR PENSION, RETIREMENT,
   23  ACCRUED LEAVE, AND HEALTH INSURANCE OR PAYMENTS FOR  SUPPLEMENTAL  UNEM-
   24  PLOYMENT BENEFITS.
   25    (C)  THE  TERM  "DISMISSAL PERIOD", AS USED IN THIS SUBDIVISION, MEANS
   26  THE TIME DESIGNATED FOR WEEKS  OF  DISMISSAL  PAY  ATTRIBUTABLE  TO  THE
   27  CLAIMANT'S  WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
   28  AGREEMENT, EMPLOYMENT CONTRACT, EMPLOYER'S DISMISSAL  POLICY,  DISMISSAL
   29  AGREEMENT  WITH THE EMPLOYER OR OTHER SUCH AGREEMENT.  IF NO SUCH AGREE-
   30  MENT, CONTRACT  OR  POLICY  DESIGNATES  A  DISMISSAL  PERIOD,  THEN  THE
   31  DISMISSAL  PERIOD  SHALL BE THE TIME DESIGNATED IN WRITING IN ADVANCE BY
   32  THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS
   33  DESIGNATED, THE DISMISSAL PERIOD SHALL COMMENCE ON  THE  DAY  AFTER  THE
   34  CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP
   35  SUM  AMOUNT  OR  FOR  AN  INDEFINITE PERIOD, DISMISSAL PAYMENTS SHALL BE
   36  ALLOCATED ON A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S  LAST  DAY
   37  OF  EMPLOYMENT  AND  THE CLAIMANT SHALL NOT BE ELIGIBLE FOR BENEFITS FOR
   38  ANY WEEK FOR WHICH IT IS DETERMINED THAT THE CLAIMANT RECEIVES DISMISSAL
   39  PAY. THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE  CLAIM-
   40  ANT'S  ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR HER
   41  EMPLOYMENT OR, IF SUCH AMOUNT CANNOT BE DETERMINED, THE  AMOUNT  OF  THE
   42  CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER.
   43    (D)  NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SUBDIVISION
   44  SHALL NOT APPLY DURING  ANY  WEEKS  IN  WHICH  THE  INITIAL  PAYMENT  OF
   45  DISMISSAL  PAY  IS  MADE  MORE THAN THIRTY DAYS FROM THE LAST DAY OF THE
   46  CLAIMANT'S EMPLOYMENT.
   47    S 14. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
   48  591-a  of the labor law, as added by chapter 413 of the laws of 2003, is
   49  amended to read as follows:
   50    (i) requirements relating to total unemployment, as defined in section
   51  five hundred twenty-two of  this  article,  availability  for  work  AND
   52  SEARCH FOR WORK, as set forth in subdivision two of section five hundred
   53  ninety-one  of  this  title  and refusal to accept work, as set forth in
   54  subdivision two of section five hundred ninety-three of this title,  are
   55  not applicable to such individuals;
       S. 2607--D                         71                         A. 3007--D

    1    S  15. Paragraph (a) of subdivision 1, the opening paragraph of subdi-
    2  vision 2 and subdivision 3 of section 593 of the  labor  law,  paragraph
    3  (a)  of  subdivision 1 as amended by chapter 35 of the laws of 2009, the
    4  opening paragraph of subdivision 2 as amended by chapter 5 of  the  laws
    5  of  2000,  and  subdivision  3  as amended by chapter 589 of the laws of
    6  1998, are amended and a new subdivision 6 is added to read as follows:
    7    (a) No days of total unemployment shall be deemed  to  occur  after  a
    8  claimant's voluntary separation without good cause from employment until
    9  he  or she has subsequently worked in employment and earned remuneration
   10  at least equal to [five] TEN times his or her weekly  benefit  rate.  In
   11  addition  to  other  circumstances  that may be found to constitute good
   12  cause, including a compelling family reason as set  forth  in  paragraph
   13  (b)  of this subdivision, voluntary separation from employment shall not
   14  in itself disqualify a claimant if circumstances have developed  in  the
   15  course  of  such  employment  that  would have justified the claimant in
   16  refusing such employment in the first instance under the terms of subdi-
   17  vision two of this section or if the claimant,  pursuant  to  an  option
   18  provided  under  a  collective  bargaining agreement or written employer
   19  plan which permits waiver of his OR HER right to retain  the  employment
   20  when there is a temporary layoff because of lack of work, has elected to
   21  be separated for a temporary period and the employer has consented ther-
   22  eto.
   23    No  days of total unemployment shall be deemed to occur beginning with
   24  the day on which a claimant, without good cause, refuses  to  accept  an
   25  offer of employment for which he OR SHE is reasonably fitted by training
   26  and  experience, including employment not subject to this article, until
   27  he OR SHE has subsequently worked in employment and earned  remuneration
   28  at  least  equal  to  [five]  TEN  times his or her weekly benefit rate.
   29  Except that claimants who are not subject to a recall date or who do not
   30  obtain employment through a union hiring hall and who  are  still  unem-
   31  ployed  after  receiving  [thirteen]  TEN  weeks  of  benefits  shall be
   32  required to accept any employment  proffered  that  such  claimants  are
   33  capable  of  performing, provided that such employment would result in a
   34  wage not less than eighty percent of such claimant's high calendar quar-
   35  ter wages received in the base period and not  substantially  less  than
   36  the  prevailing wage for similar work in the locality as provided for in
   37  paragraph (d) of this subdivision. No refusal to accept employment shall
   38  be deemed without good cause nor shall it disqualify any claimant other-
   39  wise eligible to receive benefits if:
   40    3. Misconduct. No days of total unemployment shall be deemed to  occur
   41  after  a  claimant lost employment through misconduct in connection with
   42  his or her employment until he or she has subsequently worked in employ-
   43  ment and earned remuneration at least equal to [five] TEN times  his  or
   44  her weekly benefit rate.
   45    6.  DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A DETER-
   46  MINATION FOR ANY PROTEST THAT IS FILED BY ANY BASE PERIOD EMPLOYER WITH-
   47  IN THE TIME SPECIFIED IN THE NOTIFICATION OF POTENTIAL CHARGES BASED  ON
   48  VOLUNTARY SEPARATIONS OR MISCONDUCT. AN EMPLOYER OR CLAIMANT MAY REQUEST
   49  A  HEARING  OF SUCH DETERMINATION PURSUANT TO SECTION SIX HUNDRED TWENTY
   50  OF THIS ARTICLE.
   51    S 16. Section 594 of the labor law, as amended by chapter 728  of  the
   52  laws of 1952, and the opening paragraph as amended by chapter 139 of the
   53  laws of 1968, are amended to read as follows:
   54    S  594.  Reduction  AND  RECOVERY of benefits AND PENALTIES for WILFUL
   55  false statement. (1) A claimant who has wilfully made a false  statement
   56  or  representation  to  obtain  any benefit under the provisions of this
       S. 2607--D                         72                         A. 3007--D

    1  article shall forfeit benefits for at least the first four but not  more
    2  than the first eighty effective days following discovery of such offense
    3  for  which he OR SHE otherwise would have been entitled to receive bene-
    4  fits.  Such  penalty  shall  apply  only  once with respect to each such
    5  offense.
    6    (2) For the purpose of subdivision four of section five hundred ninety
    7  of this article, the claimant shall be deemed to have received  benefits
    8  for such forfeited effective days.
    9    (3)  The  penalty  provided in this section shall not be confined to a
   10  single benefit year but shall no longer apply in whole or in part  after
   11  the  expiration  of  two  years  from the date [on which the offense was
   12  committed] OF THE FINAL DETERMINATION. SUCH  TWO-YEAR  PERIOD  SHALL  BE
   13  TOLLED DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
   14    (4)  A claimant shall refund all moneys received because of such false
   15  statement or representation [made by him] AND PAY A CIVIL PENALTY IN  AN
   16  AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS OR FIFTEEN PERCENT OF
   17  THE  TOTAL  OVERPAID  BENEFITS DETERMINED PURSUANT TO THIS SECTION.  THE
   18  PENALTIES COLLECTED HEREUNDER SHALL BE DEPOSITED IN THE FUND. THE PENAL-
   19  TIES ASSESSED UNDER THIS SUBDIVISION SHALL APPLY AND BE ASSESSED FOR ANY
   20  BENEFITS PAID  UNDER  FEDERAL  UNEMPLOYMENT  AND  EXTENDED  UNEMPLOYMENT
   21  PROGRAMS  ADMINISTERED  BY THE DEPARTMENT IN THE SAME MANNER AS PROVIDED
   22  IN THIS ARTICLE. THE PENALTIES IN THIS SECTION SHALL BE IN  ADDITION  TO
   23  ANY  PENALTIES IMPOSED UNDER THIS CHAPTER OR ANY STATE OR FEDERAL CRIMI-
   24  NAL STATUTE. NO PENALTIES OR INTEREST ASSESSED PURSUANT TO THIS  SECTION
   25  MAY BE DEDUCTED OR WITHHELD FROM BENEFITS.
   26    (5)  (A)  UPON A DETERMINATION BASED UPON A WILLFUL FALSE STATEMENT OR
   27  REPRESENTATION BECOMING FINAL THROUGH EXHAUSTION  OF  APPEAL  RIGHTS  OR
   28  FAILURE  TO  EXHAUST  HEARING  RIGHTS,  THE COMMISSIONER MAY RECOVER THE
   29  AMOUNT FOUND TO BE DUE BY COMMENCING A CIVIL ACTION, OR BY  FILING  WITH
   30  THE  COUNTY  CLERK  OF  THE  COUNTY WHERE THE CLAIMANT RESIDES THE FINAL
   31  DETERMINATION OF THE COMMISSIONER OR THE FINAL DECISION BY  AN  ADMINIS-
   32  TRATIVE  LAW  JUDGE,  THE APPEAL BOARD, OR A COURT CONTAINING THE AMOUNT
   33  FOUND TO BE DUE INCLUDING INTEREST AND CIVIL PENALTY.  THE  COMMISSIONER
   34  MAY ONLY MAKE SUCH A FILING WITH THE COUNTY CLERK WHEN:
   35    (I)  THE CLAIMANT HAS RESPONDED TO REQUESTS FOR INFORMATION PRIOR TO A
   36  DETERMINATION AND SUCH REQUESTS FOR INFORMATION NOTIFIED THE CLAIMANT OF
   37  HIS OR HER RIGHTS TO A FAIR HEARING AS  WELL  AS  THE  POTENTIAL  CONSE-
   38  QUENCES  OF  AN INVESTIGATION AND FINAL DETERMINATION UNDER THIS SECTION
   39  INCLUDING THE NOTICE REQUIRED BY SUBPARAGRAPH (III) OF PARAGRAPH (B)  OF
   40  THIS  SUBDIVISION. ADDITIONALLY IF THE CLAIMANT REQUESTED A FAIR HEARING
   41  OR APPEAL SUBSEQUENT TO A DETERMINATION, THAT THE CLAIMANT  WAS  PRESENT
   42  EITHER  IN PERSON OR THROUGH ELECTRONIC MEANS AT SUCH HEARING, OR SUBSE-
   43  QUENT APPEAL FROM WHICH A FINAL DETERMINATION WAS RENDERED;
   44    (II) THE COMMISSIONER HAS MADE EFFORTS TO COLLECT ON SUCH FINAL DETER-
   45  MINATION; AND
   46    (III) THE COMMISSIONER HAS SENT A NOTICE, IN ACCORDANCE WITH PARAGRAPH
   47  (B) OF THIS SUBDIVISION, OF INTENT TO DOCKET SUCH FINAL DETERMINATION BY
   48  FIRST CLASS OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TEN DAYS  PRIOR
   49  TO THE DOCKETING OF SUCH DETERMINATION.
   50    (B) THE NOTICE REQUIRED IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF THIS
   51  SUBDIVISION SHALL INCLUDE THE FOLLOWING:
   52    (I)  THAT  THE  COMMISSIONER  INTENDS  TO DOCKET A FINAL DETERMINATION
   53  AGAINST SUCH CLAIMANT AS A JUDGMENT;
   54    (II) THE TOTAL AMOUNT TO BE DOCKETED; AND
   55    (III) CONSPICUOUS LANGUAGE THAT READS AS  FOLLOWS:  "ONCE  ENTERED,  A
   56  JUDGMENT  IS GOOD AND CAN BE USED AGAINST YOU FOR TWENTY YEARS, AND YOUR
       S. 2607--D                         73                         A. 3007--D

    1  MONEY, INCLUDING A PORTION OF YOUR PAYCHECK AND/OR BANK ACCOUNT, MAY  BE
    2  TAKEN.  ALSO, A JUDGMENT WILL HURT YOUR CREDIT SCORE AND CAN AFFECT YOUR
    3  ABILITY TO RENT A HOME, FIND A JOB, OR TAKE OUT A LOAN."
    4    S 17. Section 596 of the labor law is amended by adding a new subdivi-
    5  sion 7 to read as follows:
    6    7.  NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED NINETY-FIVE
    7  OF THIS TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD  ANY  OVERPAY-
    8  MENTS ESTABLISHED UNDER THIS ARTICLE OR UNDER ANY STATE OR FEDERAL UNEM-
    9  PLOYMENT COMPENSATION PROGRAM FROM BENEFITS PAYABLE TO AN INDIVIDUAL. NO
   10  PENALTIES  OR INTEREST ASSESSED PURSUANT TO SECTION FIVE HUNDRED NINETY-
   11  FOUR OF THIS TITLE MAY BE DEDUCTED OR WITHHELD FROM BENEFITS.
   12    S 18. Subdivision 2 of section 597 of the  labor  law  is  amended  by
   13  adding a new paragraph (d) to read as follows:
   14    (D)  NOTWITHSTANDING  ANY PROVISIONS OF THIS ARTICLE, UNLESS A COMMIS-
   15  SIONER'S ERROR IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A  DISAS-
   16  TER  EMERGENCY  DECLARED  BY  THE  GOVERNOR  OR PRESIDENT, AN EMPLOYER'S
   17  ACCOUNT SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT  OF
   18  BENEFITS  WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS MADE
   19  BECAUSE THE EMPLOYER OR THE AGENT OF THE EMPLOYER FAILED  TO  TIMELY  OR
   20  ADEQUATELY  RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF POTEN-
   21  TIAL CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION  TO
   22  A  CLAIM  UNDER  THIS  ARTICLE, PROVIDED, HOWEVER, THAT THE COMMISSIONER
   23  SHALL RELIEVE THE EMPLOYER OF CHARGES THE FIRST TIME THAT  THE  EMPLOYER
   24  FAILS  TO  PROVIDE  TIMELY  OR  ADEQUATE  INFORMATION,  IF  THE EMPLOYER
   25  PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER.
   26    "TIMELY" SHALL MEAN A RESPONSE IS PROVIDED IN THE TIME  PERIOD  SPECI-
   27  FIED IN THE NOTICE AS PRESCRIBED BY THE COMMISSIONER.
   28    THE  TERM  "ADEQUATELY"  SHALL  MEAN  THAT  THE  EMPLOYER OR ITS AGENT
   29  SUBMITTED INFORMATION SUFFICIENT TO RENDER A CORRECT DETERMINATION.
   30    THIS PROHIBITION FOR RELIEF OF CHARGES SHALL APPLY  TO  ALL  EMPLOYERS
   31  UNDER  THIS  ARTICLE  INCLUDING  EMPLOYERS  ELECTING  PAYMENT IN LIEU OF
   32  CONTRIBUTIONS.
   33    S 19. Section 600 of the labor law, as added by  chapter  793  of  the
   34  laws  of  1963,  subdivision  6 as amended by chapter 391 of the laws of
   35  2005, subdivision 7 as added by chapter 362 of the laws of  1980,  para-
   36  graph  (a)  of  subdivision  7  as amended by chapter 176 of the laws of
   37  2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws
   38  of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895
   39  of the laws of 1980, is amended to read as follows:
   40    S 600. Effect of retirement payments. 1. Reduction  of  benefit  rate.
   41  [If a claimant retires or is retired from employment by an employer and,
   42  due  to  such  retirement,  is receiving a pension or retirement payment
   43  under a plan financed in whole or in part by such employer, such  claim-
   44  ant's  benefit  rate  for four effective days otherwise applicable under
   45  subdivision seven of section five hundred ninety  shall  be  reduced  as
   46  hereinafter provided.
   47    2.  Application. The reduction shall apply only to benefits which when
   48  paid will be chargeable to the account of the employer who provided  the
   49  pension or retirement benefit.
   50    3.  Amount  of reduction. If the pension or retirement payment is made
   51  under a plan to which the employer is the sole contributor,  the  claim-
   52  ant's  benefit  rate  shall  be  reduced  by the largest number of whole
   53  dollars which is not more than the prorated weekly amount of his pension
   54  or retirement payment under such plan.  If  the  pension  or  retirement
   55  payment  is  made  under  a  plan  to which the employer is not the sole
   56  contributor, the claimant's benefit rate shall be reduced by the largest
       S. 2607--D                         74                         A. 3007--D

    1  number of whole dollars which is not more than one-half of the  prorated
    2  weekly amount of his pension or retirement payments under such plan, but
    3  no  reduction shall apply if the claimant demonstrates that the employer
    4  contributed less than fifty per centum to the plan.
    5    4.  Reduction equal to benefit rate. If the amount to be deducted from
    6  a claimant's benefit rate equals or exceeds such rate, he shall be inel-
    7  igible to receive any benefits which if paid would be chargeable to  the
    8  employer  involved  in  the pension or retirement plan, but any benefits
    9  which would in the absence of this section be chargeable to the accounts
   10  of other employers shall be payable to the claimant.
   11    5. Reduction not established. If, at the time benefits are payable, it
   12  has not been established  that  the  claimant  will  be  receiving  such
   13  pension  or  retirement  payment,  benefits  due shall be paid without a
   14  reduction, subject to review within the period and under the  conditions
   15  as provided in subdivisions three and four of section five hundred nine-
   16  ty-seven with respect to retroactive payment of remuneration.
   17    6. Limitation. For the purposes of this section, the terms "pension or
   18  retirement  payment"  and  "governmental or other pension, retirement or
   19  retired pay, annuity, or any other similar  periodic  payment  which  is
   20  based on previous work" shall not include payments made from a qualified
   21  trust  to  an  eligible  retirement  plan under the terms and conditions
   22  specified in section four hundred two of the internal revenue  code  for
   23  federal  income  tax  purposes, such payments commonly known as eligible
   24  rollover distributions.
   25    7. Alternative condition. (a) When a reduction for retirement payments
   26  is required by the federal unemployment tax act as a condition for  full
   27  tax  credit,  in  which  event  the provisions of subdivisions one, two,
   28  three, four and five of this section shall not be  operative,  the]  (A)
   29  THE  benefit rate of a claimant who is receiving a governmental or other
   30  pension, retirement or retired pay, annuity, or any other similar  peri-
   31  odic  payment  which  is based on his previous work, shall be reduced as
   32  hereinafter provided, if such payment is made under a plan maintained or
   33  contributed to by his base period employer and, except for payments made
   34  under the social security act or the railroad retirement  act  of  1974,
   35  the  claimant's  employment  with,  or  remuneration from, such employer
   36  after the beginning of the base period affected his eligibility for,  or
   37  increased the amount of, such pension, retirement or retired pay, annui-
   38  ty, or other similar periodic payment.
   39    (b)  [If the claimant made no contribution for the pension, retirement
   40  or retired pay, annuity, or other similar  periodic  payment,  his]  THE
   41  CLAIMANT'S  benefit rate shall be reduced by the largest number of whole
   42  dollars which is not more than  the  pro-rated  weekly  amount  of  such
   43  payment.  If  the  claimant  was  the  sole contributor for the pension,
   44  retirement or retired pay, annuity, or other similar  periodic  payment,
   45  no  reduction  shall  apply.  [If  the  claimant's contributions for the
   46  pension, retirement or retired pay, annuity, or other  similar  periodic
   47  payment  were  less  than one hundred per centum, the commissioner shall
   48  determine the amount of the reduction by taking into account the  claim-
   49  ant's contributions in a manner consistent with the federal unemployment
   50  tax act.]
   51    (c)  If, at the time benefits are payable, it has not been established
   52  that the claimant will be receiving such pension, retirement or  retired
   53  pay,  annuity  or  other  payment,  benefits due shall be paid without a
   54  reduction, subject to review within the period and under the  conditions
   55  as provided in subdivisions three and four of section five hundred nine-
   56  ty-seven with respect to retroactive payment of remuneration.
       S. 2607--D                         75                         A. 3007--D

    1    (D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT
    2  PAYMENT"  AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED PAY,
    3  ANNUITY, OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON  PREVI-
    4  OUS  WORK"  SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST TO AN
    5  ELIGIBLE  RETIREMENT  PLAN  UNDER  THE TERMS AND CONDITIONS SPECIFIED IN
    6  SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME
    7  TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB-
    8  UTIONS.
    9    S 20. Section 602 of the labor law, as amended by chapter 214  of  the
   10  laws of 1998, is amended to read as follows:
   11    S  602.  Application. This title shall apply to a claimant employed by
   12  an employer whose application to participate in a  shared  work  program
   13  has  been  approved  by  the commissioner. The provisions of subdivision
   14  four of section five hundred twenty-seven, subdivisions three and  seven
   15  of  section  five  hundred  ninety  and subdivision four of section five
   16  hundred ninety-six of this article  shall  not  be  applicable  to  such
   17  claimant  and  he  OR SHE shall not be required to be available for work
   18  with any other employer NOR SHALL HE OR SHE BE REQUIRED  TO  SEARCH  FOR
   19  WORK  IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED NINETY-
   20  ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS
   21  OF WORK WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED  TO  PARTICIPATE
   22  IN  THE  SHARED WORK PROGRAM. The other provisions of this article shall
   23  apply to such claimants and their employers to the extent that they  are
   24  not inconsistent with the provisions of this title.
   25    S  21.  Section  603  of the labor law, as added by chapter 438 of the
   26  laws of 1985, is amended to read as follows:
   27    S 603. Definitions. For purposes of this title:  "Total  unemployment"
   28  shall  mean the total lack of any employment on any day, other than with
   29  an employer applying for a shared work program. ["Full time hours" shall
   30  mean at least thirty-five but not more than forty hours  per  week,  and
   31  shall  not include overtime as defined in the Fair Labor Standards Act.]
   32  "Work force" shall mean the total work  force,  a  clearly  identifiable
   33  unit  or  units thereof, or a particular shift or shifts. THE WORK FORCE
   34  SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES.
   35    S 21-a. Section 604 of the labor law, as amended by chapter 564 of the
   36  laws of 2002, is amended to read as follows:
   37    S 604. Eligibility conditions. A claimant shall be eligible for  bene-
   38  fits  under  this  title  if he OR SHE works less than his OR HER normal
   39  [full time] hours in a week for his customary employer, and that employ-
   40  er has reduced or restricted the claimant's weekly hours of work, or has
   41  rehired a claimant previously laid off and reduced  his  OR  HER  weekly
   42  hours  of  work from those previously worked, as the result of a plan by
   43  the employer to stabilize the work force by a  program  of  sharing  the
   44  work  remaining  after  a  reduction in total hours of work and a corre-
   45  sponding reduction in wages, provided the program requires not less than
   46  a twenty percent nor more than a sixty percent reduction  in  hours  and
   47  wages  among the work force. A claimant receiving supplemental unemploy-
   48  ment compensation benefits, as defined in section five hundred  one  (c)
   49  (17)  (D)  of  the internal revenue code of nineteen hundred fifty-four,
   50  shall not be eligible hereunder. Any employee who was otherwise eligible
   51  for benefits under this title but was denied benefits during the  period
   52  beginning  October first, two thousand one and ending on December first,
   53  two thousand one because more than five percent of his OR HER wages were
   54  derived from piece work, shall be entitled to make a  retroactive  claim
   55  for  such benefits provided such claim is filed within sixty days of the
   56  effective date of this sentence.
       S. 2607--D                         76                         A. 3007--D

    1    S 22. Section 605 of the labor law, as amended by section 2 of chapter
    2  81 of the laws of 1992, is amended to read as follows:
    3    S  605. Qualified employers; application. An employer who has at least
    4  [five] TWO full time employees may apply to participate in a shared work
    5  program.  The WRITTEN application shall be made according to such  forms
    6  and  procedures  as  the commissioner may specify and shall include such
    7  information as the commissioner may require, INCLUDING SUCH OTHER INFOR-
    8  MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
    9  PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM.   The  commissioner  shall
   10  not  approve such application unless the employer (1) [agrees] CERTIFIES
   11  that for the duration of the program it will not eliminate  or  diminish
   12  health  insurance,  medical  insurance, RETIREMENT BENEFITS or any other
   13  fringe benefits provided to employees immediately prior to the  applica-
   14  tion  UNLESS SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT PARTICIPATE
   15  IN THE SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME  EXTENT
   16  AS  THOSE  EMPLOYEES  THAT  PARTICIPATE  IN THE SHARED WORK PROGRAM; (2)
   17  certifies that the collective bargaining agent  for  the  employees,  if
   18  any, has agreed to participate in the program; (3) certifies that if not
   19  for the shared work program to be initiated the employer would reduce or
   20  would  have  reduced  its work force to a degree equivalent to the total
   21  number of working hours proposed to be reduced  or  restricted  for  all
   22  included  employees; (4) certifies that it will not hire additional part
   23  time or full time employees  for  the  affected  work  force  while  the
   24  program  is  in  operation;  [and] (5) agrees that no participant of the
   25  program shall receive, in the aggregate, more than  [twenty]  TWENTY-SIX
   26  weeks  of  benefits  exclusive  of  the  waiting  week;  (6)  PROVIDES A
   27  DESCRIPTION OF HOW WORKERS IN THE WORK FORCE WILL  BE  NOTIFIED  OF  THE
   28  SHARED  WORK PROGRAM IN ADVANCE OF IT TAKING EFFECT, IF FEASIBLE, AND IF
   29  SUCH NOTICE IS NOT FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH  NOTICE
   30  IS  NOT  FEASIBLE; (7) PROVIDES AN ESTIMATE OF THE NUMBER OF WORKERS WHO
   31  WOULD BE LAID OFF IF THE EMPLOYER COULD NOT PARTICIPATE  IN  THE  SHARED
   32  WORK PROGRAM; AND (8) CERTIFIES THAT THE TERMS OF THE EMPLOYER'S WRITTEN
   33  PLAN  AND  IMPLEMENTATION  SHALL BE CONSISTENT WITH EMPLOYER OBLIGATIONS
   34  UNDER APPLICABLE FEDERAL AND STATE LAWS.
   35    S 22-a. Intentionally omitted.
   36    S 23. Section 607 of the labor law, as added by  chapter  438  of  the
   37  laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the
   38  laws of 1992, is amended to read as follows:
   39    S  607.  Benefits. 1. Amount. An eligible claimant shall be paid bene-
   40  fits for any week equal to his OR HER benefit  rate  multiplied  by  the
   41  percentage of reduction of his OR HER wages resulting from reduced hours
   42  of work, but only if such percentage is no less than twenty percent. The
   43  weekly  benefit  amount  shall  be  rounded off to the nearest dollar. A
   44  claimant  shall  not  be  paid  such  benefits  in  excess  of  [twenty]
   45  TWENTY-SIX weeks during a benefit year.
   46    2.  Waiting  period.  A claimant shall not be entitled to benefits for
   47  the first week of unemployment under a shared work program unless he  OR
   48  SHE  has  served a waiting period in his OR HER benefit year pursuant to
   49  subdivision seven of section five hundred ninety of this article.
   50    S 23-a. Intentionally omitted.
   51    S 24. The labor law is amended by adding a new section 609 to read  as
   52  follows:
   53    S  609. TRAINING.  ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE,
   54  IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN  APPROVED  BY
   55  THE COMMISSIONER.  SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING
   56  OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
       S. 2607--D                         77                         A. 3007--D

    1    S  25.  Section 611 of the labor law, as amended by chapter 589 of the
    2  laws of 1998, is amended to read as follows:
    3    S  611.  Charging  of  benefits.  Benefits paid to a claimant shall be
    4  charged to the employers' accounts  as  provided  in  paragraph  (e)  of
    5  subdivision  one  of  section  five  hundred eighty-one of this article.
    6  HOWEVER, EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER  ON
    7  A  SEASONAL,  TEMPORARY  OR  INTERMITTENT  BASIS,  NO BENEFITS PAID TO A
    8  CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM-
    9  BURSED BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF  AND
   10  JOB CREATION ACT OF 2012, PL 112-96.
   11    S  26. The labor law is amended by adding a new section 612 to read as
   12  follows:
   13    S 612.  SEVERABILITY.    IF  ANY  AMENDMENT  CONTAINED  IN  A  CLAUSE,
   14  SENTENCE,  PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY
   15  THE UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR  MAIN-
   16  TAINING  BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE ELIGIBLE
   17  FOR ANY FINANCIAL BENEFIT OFFERED  THROUGH  FEDERAL  LAW  OR  REGULATION
   18  INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE
   19  WAIVER  OF  OBLIGATIONS TO REPAY SUCH ADVANCES TO THE STATE UNEMPLOYMENT
   20  INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL
   21  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF.
   22    S 27. Section 39 of part P2 of chapter 62 of the laws of 2003,  amend-
   23  ing  the  state  finance  law and other laws relating to authorizing and
   24  directing the state comptroller to  loan  money  to  certain  funds  and
   25  accounts, as amended by section 1 of part W of chapter 58 of the laws of
   26  2011, is amended to read as follows:
   27    S  39.  This  act shall take effect immediately and shall be deemed to
   28  have been in full force and effect on and after April 1, 2003; provided,
   29  however, that sections one, three, four, six, seven through fifteen, and
   30  seventeen of this act shall expire March 31, 2004, when upon  such  date
   31  the  provisions of such sections shall be deemed repealed; [and sections
   32  thirty and thirty-one of this act shall expire December  31,  2013]  and
   33  the  amendments made to section 69-c of the state finance law by section
   34  thirty-two of this act shall not affect the  expiration  and  repeal  of
   35  such section and shall be deemed to be expired therewith.
   36    S  28. Severability. If any amendment contained in a clause, sentence,
   37  paragraph, section or part of this act shall be adjudged by  the  United
   38  States Department of Labor to violate requirements for maintaining bene-
   39  fit  standards  required  of  the  state in order to be eligible for any
   40  financial benefit offered through federal law or  regulation  including,
   41  but  not limited to, the waiver of interest on advances or the waiver of
   42  obligations to repay such advances to the state  unemployment  insurance
   43  fund,  such  amendments  shall  be  severed  from this act and shall not
   44  affect, impair or invalidate the remainder thereof.
   45    S 29. This act shall take effect immediately, provided, however, that:
   46    a. sections one, three, seven, and eight of this act shall take effect
   47  January 1, 2014;
   48    b. sections two, thirteen, fifteen, and nineteen  of  this  act  shall
   49  apply to all claims filed after January 1, 2014;
   50    c. section nine of this act shall take effect January 1, 2017;
   51    d. section ten of this act shall take effect January 1, 2019;
   52    e.  sections  five,  six, sixteen, seventeen, and eighteen of this act
   53  shall apply to all overpayments established after October 1, 2013;
   54    f. sections fourteen, twenty,  twenty-one,  twenty-one-a,  twenty-two,
   55  twenty-three,  twenty-four, and twenty-six of this act shall take effect
   56  on the thirtieth day after it shall have become a law;
       S. 2607--D                         78                         A. 3007--D

    1    g. section twenty-five of this act shall expire and be deemed repealed
    2  August 23, 2015;
    3    h.  section twelve of this act shall take effect January 1, 2014 or on
    4  the same date as the reversion of subdivision 2 of section  591  of  the
    5  labor  law as provided in section 10 of chapter 413 of the laws of 2003,
    6  as amended, whichever is later; and
    7    i. the amendments to section 591-a of the labor law  made  by  section
    8  fourteen  of  this  act  shall not affect the repeal of such section and
    9  shall be deemed repealed therewith.

   10                                   PART P

   11    Section 1. Subdivision 1 of section 652 of the labor law,  as  amended
   12  by  chapter  747 of the laws of 2004, is amended and a new subdivision 6
   13  is added to read as follows:
   14    1. Statutory. Every employer shall pay to each of  its  employees  for
   15  each hour worked a wage of not less than:
   16    $4.25 on and after April 1, 1991,
   17    $5.15 on and after March 31, 2000,
   18    $6.00 on and after January 1, 2005,
   19    $6.75 on and after January 1, 2006,
   20    $7.15 on and after January 1, 2007,
   21    $8.00 ON AND AFTER DECEMBER 31, 2013,
   22    $8.75 ON AND AFTER DECEMBER 31, 2014,
   23    $9.00  ON AND AFTER DECEMBER 31, 2015, or, if greater, such other wage
   24  as may be established by federal law pursuant to 29 U.S.C.  section  206
   25  or its successors
   26  or  such  other  wage  as  may  be  established  in  accordance with the
   27  provisions of this article.
   28    6. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION AND SUBDIVISION TWO
   29  OF SECTION SIX HUNDRED FIFTY-THREE OF THIS ARTICLE,  A  MODIFICATION  IN
   30  THE  HOURLY  CASH  WAGE  OR  MEAL AND LODGING CREDITS AS APPLIED TO FOOD
   31  SERVICE WORKERS AND SERVICE EMPLOYEES PAID IN ACCORDANCE WITH  PART  146
   32  OF  TITLE 12 OF THE NEW YORK STATE COMPILATION OF CODES, RULES AND REGU-
   33  LATIONS THAT WOULD OTHERWISE BE BASED ON THE  INCREASES  IN  THE  HOURLY
   34  MINIMUM  WAGE  THAT  WILL BECOME EFFECTIVE ON DECEMBER THIRTY-FIRST, TWO
   35  THOUSAND THIRTEEN, DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN  AND
   36  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN  SHALL BE MADE BY A WAGE
   37  ORDER PROMULGATED BY THE COMMISSIONER PURSUANT TO  SECTION  SIX  HUNDRED
   38  FIFTY-SIX OF THIS ARTICLE AND PROVIDED FURTHER THAT, FOR THE PURPOSES OF
   39  THE  MODIFICATIONS  BASED  ON SUCH INCREASES PROVIDED FOR IN SUBDIVISION
   40  TWO OF THIS SECTION ONLY, THE MAXIMUM CREDIT FOR TIPS IN SUCH WAGE ORDER
   41  SHALL BE MODIFIED SO THAT SUCH CREDIT, WHEN COMBINED WITH THE CASH WAGE,
   42  IS EQUAL TO THE MINIMUM WAGE. ANY TIME AFTER THE EFFECTIVE DATE  OF  THE
   43  CHAPTER  OF  THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SUBDIVI-
   44  SION, THE COMMISSIONER SHALL  APPOINT  A  WAGE  BOARD  PURSUANT  TO  THE
   45  PROVISION  OF  SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-FIVE OF THIS
   46  ARTICLE TO INQUIRE AND REPORT AND RECOMMEND  ANY  CHANGES  TO  THE  WAGE
   47  ORDER  GOVERNING  WAGES PAYABLE TO SUCH FOOD SERVICE WORKERS AND SERVICE
   48  EMPLOYEES SUFFICIENT TO PROVIDE ADEQUATE MAINTENANCE AND TO PROTECT  THE
   49  HEALTH  AND  LIVELIHOOD  OF EMPLOYEES SUBJECT TO SUCH A WAGE ORDER. SUCH
   50  WAGE BOARD SHALL MAKE SUCH REPORT AND RECOMMENDATIONS TO THE COMMISSION-
   51  ER WITHIN SIX MONTHS OF ITS ESTABLISHMENT. THE  COMMISSIONER  SHALL  ACT
   52  UPON  SUCH  REPORT  AND  RECOMMENDATIONS  PURSUANT  TO THE PROVISIONS OF
   53  SECTION SIX HUNDRED FIFTY-SIX OF THIS ARTICLE.
   54    S 2. This act shall take effect immediately.
       S. 2607--D                         79                         A. 3007--D

    1                                   PART Q
    2                            Intentionally Omitted

    3                                   PART R

    4  Section 1.  The racing, pari-mutuel wagering and breeding law is amended
    5  by adding a new section 109-a to read as follows:
    6    S  109-A.  LABOR  PEACE  AGREEMENTS FOR CERTAIN FACILITIES.   1. DEFI-
    7  NITIONS. AS USED IN THIS SUBDIVISION:
    8    A. "GAMING FACILITY" MEANS ANY CASINO GAMING FACILITY LICENSED BY  THE
    9  COMMISSION.  A  GAMING FACILITY OR OPERATION SHALL NOT INCLUDE ANY HORSE
   10  RACING, BINGO OR CHARITABLE GAMES  OF  CHANCE,  THE  STATE  LOTTERY  FOR
   11  EDUCATION,  OR  ANY  GAMING  FACILITY  OPERATING PURSUANT TO THE FEDERAL
   12  INDIAN GAMING REGULATORY ACT, 25 U.S.C. S 2710 ET SEQ. A GAMING FACILITY
   13  OR OPERATION SHALL INCLUDE ANY HOSPITALITY OPERATION AT  OR  RELATED  TO
   14  THE GAMING FACILITY.
   15    B.  "LABOR  PEACE  AGREEMENT"  MEANS AN AGREEMENT ENFORCEABLE UNDER 29
   16  U.S.C. S 185(A) THAT, AT A MINIMUM,  PROTECTS  THE  STATE'S  PROPRIETARY
   17  INTERESTS  BY  PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING
   18  IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
   19  ENCE WITH OPERATION OF THE RELEVANT GAMING FACILITY.
   20    C. "LICENSE" MEANS ANY PERMIT, LICENSE, FRANCHISE OR ALLOWANCE OF  THE
   21  COMMISSION AND SHALL INCLUDE ANY FRANCHISEE OR PERMITTEE.
   22    D.  "PROPRIETARY INTEREST" MEANS AN ECONOMIC AND NON-REGULATORY INTER-
   23  EST AT RISK IN THE FINANCIAL SUCCESS OF THE GAMING FACILITY  THAT  COULD
   24  BE  ADVERSELY  AFFECTED  BY LABOR-MANAGEMENT CONFLICT, INCLUDING BUT NOT
   25  LIMITED TO PROPERTY INTERESTS, FINANCIAL INVESTMENTS AND  REVENUE  SHAR-
   26  ING.
   27    2.  LEGISLATIVE  FINDINGS. THE STATE LEGISLATURE FINDS THAT THE GAMING
   28  INDUSTRY CONSTITUTES A VITAL SECTOR OF NEW YORK'S  OVERALL  ECONOMY  AND
   29  THAT  THE  STATE  THROUGH  ITS  OPERATION OF LOTTERIES AND VIDEO LOTTERY
   30  FACILITIES AND THROUGH ITS OWNERSHIP  OF  THE  PROPERTIES  UTILIZED  FOR
   31  HORSE  RACING BY THE NEW YORK RACING ASSOCIATION, INC. HAS A SIGNIFICANT
   32  AND ONGOING  ECONOMIC  AND  NON-REGULATORY  INTEREST  IN  THE  FINANCIAL
   33  VIABILITY AND COMPETITIVENESS OF THE GAMING INDUSTRY. THE STATE LEGISLA-
   34  TURE  FURTHER  FINDS THAT THE AWARD OR GRANT OF A LICENSE BY THE COMMIS-
   35  SION TO OPERATE A GAMING FACILITY IS A SIGNIFICANT STATE ACTION AND THAT
   36  THE COMMISSION MUST MAKE PRUDENT AND EFFICIENT DECISIONS TO MAXIMIZE THE
   37  BENEFITS AND MINIMIZE THE RISKS OF GAMING. THE STATE LEGISLATURE FURTHER
   38  RECOGNIZES THAT CASINO GAMING INDUSTRY INTEGRATION CAN PROVIDE  A  VITAL
   39  ECONOMIC  ENGINE  TO  ASSIST,  NURTURE,  DEVELOP,  AND  PROMOTE REGIONAL
   40  ECONOMIC DEVELOPMENT, THE STATE TOURISM INDUSTRY AND THE GROWTH OF  JOBS
   41  IN  THE  STATE.  ADDITIONALLY, THE STATE LEGISLATURE ALSO FINDS REVENUES
   42  DERIVED DIRECTLY BY THE STATE FROM SUCH GAMING ACTIVITY WILL  BE  SHARED
   43  FROM  GROSS  GAMING  RECEIPTS,  AFTER  PAYOUT  OF  PRIZES  BUT  PRIOR TO
   44  DEDUCTIONS FOR OPERATIONAL EXPENSES.
   45    THEREFORE, THE STATE LEGISLATURE FINDS THAT THE STATE HAS  A  SUBSTAN-
   46  TIAL  AND COMPELLING PROPRIETARY INTEREST IN ANY LICENSE AWARDED FOR THE
   47  OPERATION OF A GAMING FACILITY WITHIN THE STATE.
   48    3. REQUIREMENTS. THE COMMISSION SHALL  REQUIRE  ANY  APPLICANT  FOR  A
   49  GAMING  FACILITY  LICENSE  WHO  HAS  NOT  YET ENTERED INTO A LABOR PEACE
   50  AGREEMENT TO PRODUCE AN AFFIDAVIT STATING IT SHALL ENTER  INTO  A  LABOR
   51  PEACE  AGREEMENT  WITH  LABOR ORGANIZATIONS THAT ARE ACTIVELY ENGAGED IN
   52  REPRESENTING OR ATTEMPTING TO REPRESENT GAMING OR  HOSPITALITY  INDUSTRY
   53  WORKERS  IN  THE  STATE.  IN  ORDER FOR THE COMMISSION TO ISSUE A GAMING
       S. 2607--D                         80                         A. 3007--D

    1  FACILITY LICENSE AND FOR OPERATIONS TO COMMENCE,  THE  APPLICANT  FOR  A
    2  GAMING  FACILITY  LICENSE MUST PRODUCE DOCUMENTATION THAT IT HAS ENTERED
    3  INTO A LABOR PEACE  AGREEMENT  WITH  EACH  LABOR  ORGANIZATION  THAT  IS
    4  ACTIVELY  ENGAGED IN REPRESENTING AND ATTEMPTING TO REPRESENT GAMING AND
    5  HOSPITALITY INDUSTRY WORKERS IN THE STATE. THE COMMISSION SHALL MAKE THE
    6  MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT AN ONGOING  MATERIAL  CONDI-
    7  TION OF LICENSURE.
    8    A  LICENSE  HOLDER  SHALL,  AS A CONDITION OF ITS LICENSE, ENSURE THAT
    9  OPERATIONS AT THE GAMING FACILITY THAT  ARE  CONDUCTED  BY  CONTRACTORS,
   10  SUBCONTRACTORS,  LICENSEES,  ASSIGNEES,  TENANTS  OR SUBTENANTS AND THAT
   11  INVOLVE GAMING OR HOSPITALITY INDUSTRY EMPLOYEES SHALL BE DONE  UNDER  A
   12  LABOR PEACE AGREEMENT CONTAINING THE SAME PROVISIONS AS SPECIFIED ABOVE.
   13    S 2. This act shall take effect immediately.

   14                                   PART S

   15    Section 1. Subdivision 2 of section 903 of the education law, as added
   16  by chapter 281 of the laws of 2007, is amended to read as follows:
   17    2.  a.  A  dental  health  certificate  shall  be  requested from each
   18  student.  Each student is requested to furnish a dental  health  certif-
   19  icate  at the same time that health certificates are required. An [exam-
   20  ination] ASSESSMENT and dental  health  history  of  any  child  may  be
   21  requested  by  the  local  school  authorities  at  any  time  in  their
   22  discretion to promote the educational  interests  of  such  child.  Each
   23  certificate  shall be signed by a duly licensed dentist, OR A REGISTERED
   24  DENTAL HYGIENIST who is authorized by law to practice in this state, and
   25  consistent with any applicable written practice agreement, or by a  duly
   26  licensed  dentist  OR  REGISTERED  DENTAL HYGIENIST who is authorized to
   27  practice in the jurisdiction in which the [examination]  ASSESSMENT  was
   28  given, provided that the commissioner has determined that such jurisdic-
   29  tion  has standards of licensure and practice comparable to those of New
   30  York. Each such certificate shall describe the dental  health  condition
   31  of  the  student when the [examination] ASSESSMENT was made, which shall
   32  not be more than twelve months prior to the commencement of  the  school
   33  year in which the [examination] ASSESSMENT is requested, and shall state
   34  whether  such student is in fit condition of dental health to permit his
   35  or her attendance at the public schools.
   36    b. A notice  of  request  for  dental  health  certificates  shall  be
   37  distributed  at  the  same  time  that  parents  or  person  in parental
   38  relationship to students are notified of health examination requirements
   39  and shall state that a list of DENTAL PRACTICES, dentists AND REGISTERED
   40  DENTAL HYGIENISTS to which children [who need comprehensive dental exam-
   41  inations] may be referred for [treatment] DENTAL SERVICES on a  free  or
   42  reduced  cost basis is available upon request at the child's school. The
   43  department shall,  in  collaboration  with  the  department  of  health,
   44  compile and maintain a list of DENTAL PRACTICES, dentists AND REGISTERED
   45  DENTAL HYGIENISTS to which children [who need comprehensive dental exam-
   46  inations]  may  be referred for [treatment] DENTAL SERVICES on a free or
   47  reduced cost basis. Such list shall be  made  available  to  all  public
   48  schools and be made available to parents or person in parental relation-
   49  ship upon request. The department shall promulgate regulations to ensure
   50  the  gathering and dissemination of the proper information to interested
   51  parties.
   52    S 2. This act shall take effect immediately.

   53                                   PART T
       S. 2607--D                         81                         A. 3007--D

    1    Section 1. Subdivisions 3 and 5 of section 6542 of the education  law,
    2  as  amended  by  chapter  48 of the laws of 2012, are amended to read as
    3  follows:
    4    3.  No physician shall employ or supervise more than [two] FOUR physi-
    5  cian assistants in his or her private practice.
    6    5. Notwithstanding any other provision of this article, nothing  shall
    7  prohibit a physician employed by or rendering services to the department
    8  of corrections and community supervision under contract from supervising
    9  no  more than [four] SIX physician assistants in his or her practice for
   10  the department of corrections and community supervision.
   11    S 2. This act shall take effect immediately.

   12                                   PART U

   13    Section 1. The education law is amended by adding a new section 6303-a
   14  to read as follows:
   15    S 6303-A. GRADUATION, ACHIEVEMENT AND PLACEMENT  PROGRAM.  1.    DEFI-
   16  NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
   17  FOLLOWING MEANINGS:
   18    (A) "PLAN" SHALL MEAN THE GRADUATION, ACHIEVEMENT AND PLACEMENT  (GAP)
   19  PROGRAM  PLAN  TO BE DEVELOPED BY THE STATE UNIVERSITY TRUSTEES PURSUANT
   20  TO SUBDIVISION TWO OF THIS SECTION, AFTER CONSULTATION WITH THE COMMUNI-
   21  TY COLLEGE PRESIDENTS, COUNCILS AND FACULTY.
   22    (B) "PROGRAM" SHALL MEAN THE GAP PROGRAM TO BE DEVELOPED BY THE  STATE
   23  UNIVERSITY TRUSTEES PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   24    2.  BY  NO  LATER  THAN  JULY  FIRST, TWO THOUSAND FOURTEEN, THE STATE
   25  UNIVERSITY TRUSTEES SHALL DEVELOP, AS PART OF  THE  MASTER  PLAN  TO  BE
   26  SUBMITTED  PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THIS CHAPTER,
   27  A COMPREHENSIVE PLAN TO BE INCORPORATED INTO ITS  TWO  THOUSAND  SIXTEEN
   28  MASTER PLAN AND FULLY IMPLEMENTED NO LATER THAN JULY FIRST, TWO THOUSAND
   29  EIGHTEEN AT EACH OF THE STATE UNIVERSITY OF NEW YORK COMMUNITY COLLEGES.
   30  SUCH  PLAN  SHALL SEEK TO DEVELOP A REMEDIAL EDUCATION PROGRAM TO ACCOM-
   31  PLISH THE FOLLOWING GOALS:
   32    (A) IMPROVE COMMUNITY COLLEGE OUTCOMES BY REDUCING THE TIME TO  DEGREE
   33  COMPLETION OR TRANSFER TO A FOUR YEAR COLLEGE;
   34    (B)  REDUCE  STATE  AND LOCAL SPONSOR EXPENDITURES ON REMEDIAL COURSE-
   35  WORK;
   36    (C) IMPROVE OVERALL COMMUNITY COLLEGE GRADUATION RATES AND  EMPLOYMENT
   37  PROSPECTS.
   38    3.  EACH COMMUNITY COLLEGE SHALL UTILIZE FEATURES IN ITS PROGRAM IDEN-
   39  TIFIED IN THE SUNY TASK FORCE ON REMEDIATION REPORT, ISSUED PURSUANT  TO
   40  CHAPTER  FIFTY-SEVEN  OF  THE  LAWS  OF  TWO  THOUSAND TWELVE, AND SHALL
   41  CONSIDER OTHER FEATURES OF SUCCESSFUL EXISTING PROGRAMS, INCLUDING,  BUT
   42  NOT LIMITED TO THE FOLLOWING:
   43    (A)  ADOPTION  OF  A  CONSISTENT DEFINITION OF "COLLEGE READINESS" FOR
   44  STUDENT PLACEMENT INTO REMEDIAL  PROGRAMS  USING  MULTIPLE  MEASURES  OF
   45  STUDENT ACHIEVEMENT;
   46    (B) ACCELERATED DEVELOPMENTAL EDUCATION PROGRAM OFFERINGS;
   47    (C)  INCORPORATING REMEDIAL INSTRUCTION INTO THE BEGINNING OF COLLEGE-
   48  LEVEL PROGRAMS,  EITHER  AS  INTRODUCTORY  COURSES  OR  INTEGRATED  INTO
   49  INITIAL COLLEGE-LEVEL COURSES;
   50    (D)  UTILIZE  SUPPLEMENTAL ACADEMIC SUPPORT FOR DEVELOPMENTAL STUDENTS
   51  ENROLLED IN COLLEGE LEVEL COURSES AS  WELL  AS  OTHER  CONTEXTUALIZATION
   52  MODELS;
       S. 2607--D                         82                         A. 3007--D

    1    (E)  A  CONSOLIDATED  COURSE  SCHEDULE  THAT  PERMITS STUDENTS TO TAKE
    2  CLASSES IN A MORNING, AFTERNOON OR EVENING  SCHEDULE  SO  AS  TO  ENABLE
    3  STUDENTS TO BALANCE SCHOOL, WORK AND OTHER PERSONAL RESPONSIBILITIES;
    4    (F)  AN  ADVISEMENT  MODEL THAT DIRECTS COUNSELORS WITH ASSIGNED CASE-
    5  LOADS TO MEET WITH STUDENTS MONTHLY FROM PROGRAM ENTRY UNTIL GRADUATION;
    6    (G) CAREER AND EMPLOYMENT SERVICES THAT PROVIDE STUDENTS  WITH  INTER-
    7  VIEW TRAINING, JOB SKILLS AND CAREER PLANNING;
    8    (H)  ACADEMIC  SUPPORT  SERVICES  THAT PROVIDE TUTORING FROM QUALIFIED
    9  UNDERGRADUATE OR GRADUATE STUDENTS OR FACULTY; AND
   10    (I) COMPREHENSIVE EVALUATION AND THE USE OF DATA TO ASSESS THE  EFFEC-
   11  TIVENESS OF THE PROGRAM.
   12    4. EACH COMMUNITY COLLEGE SHALL BE REQUIRED TO IMPLEMENT, ON A PARTIAL
   13  BASIS,  ITS  PROGRAM  BY THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
   14  ACADEMIC YEAR.
   15    5. EACH COMMUNITY COLLEGE SHALL REPORT ON THE  IMPLEMENTATION  OF  THE
   16  PROGRAM AND SHALL REPORT ON MEASURES OF STUDENT SUCCESS FOR EACH STUDENT
   17  ENROLLED  IN  SUCH PROGRAM. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED
   18  TO:
   19    (A) ANNUAL NUMBER  AND  PERCENTAGE  OF  ENTERING  FIRST-TIME  STUDENTS
   20  ENROLLED   IN   REMEDIAL  (DEVELOPMENTAL)  EDUCATION  COURSES  IN  MATH,
   21  ENGLISH/READING OR BOTH AND COMPLETE A COLLEGE-LEVEL COURSE IN THE  SAME
   22  SUBJECT.
   23    (B)  ANNUAL  NUMBER  AND  PERCENTAGE  OF ENTERING FIRST-TIME DEGREE OR
   24  CERTIFICATE SEEKING STUDENTS  WHO  COMPLETE  ENTRY  COLLEGE-LEVEL  MATH,
   25  ENGLISH  AND  READING  COURSES WITHIN THE FIRST TWO CONSECUTIVE ACADEMIC
   26  YEARS.
   27    (C) NUMBER AND PERCENTAGE OF ENTERING DEGREE  OR  CERTIFICATE  SEEKING
   28  STUDENTS  ENROLLING  FROM FALL TO SPRING AND FALL TO FALL AT AN INSTITU-
   29  TION OF HIGHER EDUCATION.
   30    S 2. This act shall take effect immediately.

   31                                   PART V

   32    Section 1. Section 6301 of the education law is amended  by  adding  a
   33  new subdivision 6 to read as follows:
   34    6.  "CERTIFICATE  OF RESIDENCE FORM".  A STANDARD FORM AS DEVELOPED BY
   35  THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, IN CONJUNCTION  WITH
   36  THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK.
   37    S 2. Subdivisions 3 and 4 of section 6305 of the education law, subdi-
   38  vision 3 as amended by chapter 486 of the laws of 1967 and subdivision 4
   39  as  separately  amended by chapters 439 and 646 of the laws of 1975, are
   40  amended to read as follows:
   41    3. The chief fiscal officer of each county, as defined in section 2.00
   42  of the local finance law, shall, upon application and submission to  him
   43  of  satisfactory  evidence,  issue to any person desiring to enroll in a
   44  community college as a non-resident student, a certificate of  residence
   45  FORM showing that said person is a resident of said county. If the chief
   46  fiscal  officer  of  a county refuses to issue such a certificate on the
   47  ground that the person applying therefor is not a resident of such coun-
   48  ty, the person applying may  appeal  to  the  chancellor  of  the  state
   49  university. The chancellor of the state university shall make a determi-
   50  nation after a hearing, upon ten days' notice to such chief fiscal offi-
   51  cer  of the county, and such determination shall be final and binding on
   52  the county. Such person shall, upon his registration  for  each  college
   53  year,  file with the college such a certificate of residence FORM issued
   54  not earlier than two months prior thereto, and such certificate of resi-
       S. 2607--D                         83                         A. 3007--D

    1  dence FORM shall be valid for a period of one  year  from  the  date  of
    2  issuance.
    3    4.  If,  pursuant  to  subdivision  two  of  this section, a community
    4  college elects to charge to and collect  an  allocable  portion  of  the
    5  operating  costs  and  a further sum on account of capital costs of such
    6  college from each county which has issued a certificate FORM or  certif-
    7  icates of residence FORMS pursuant to subdivision three of this section,
    8  on the basis of which non-resident students are attending such community
    9  college,  the  president  of such community college shall, within forty-
   10  five days after the commencement of each college term or program, submit
   11  to the chief fiscal officer  of  each  county  a  list  of  non-resident
   12  students  attending  such  college  on the basis of such certificates of
   13  residence FORM and a voucher for the amount payable by each  county  for
   14  these  students.  Such list and voucher shall be determined on the basis
   15  of non-resident students enrolled in the program as of the end (or  last
   16  day)  of  the third week of the commencement for a program scheduled for
   17  one semester, the end of the second  for  a  program  scheduled  for  an
   18  academic quarter and the end of the first week for any program scheduled
   19  to  be  completed  in  thirty  days or less. The chancellor of the state
   20  university, or such officers or employees thereof as shall be designated
   21  by the chancellor in the manner authorized by the state university trus-
   22  tees, shall notify the chief fiscal  officers  of  each  county  of  the
   23  approved annual operating and capital charge-back rate for each communi-
   24  ty college. The amount billed to the chief fiscal officer of each county
   25  by the president of such community college as a charge for the allocable
   26  portion  of  the operating costs and a further sum on account of capital
   27  costs of such college for non-resident students shall  be  paid  to  the
   28  chief  fiscal officer of such college by the billed county no later than
   29  sixty days after the county receives said billing.
   30    S 3. Subdivision 11 of section 6305 of the education law, as added  by
   31  section  1  of  part Q of chapter 57 of the laws of 2012, is amended and
   32  three new subdivisions 12, 13 and 14 are added to read as follows:
   33    11. [The state university board of trustees, in conjunction  with  the
   34  city  university  board  of  trustees,  is directed to examine the laws,
   35  regulations, and policies regarding community college charges  for  non-
   36  resident  students.  This  examination  shall  review the impacts of the
   37  current law mechanisms for covering the local sponsor's share of  commu-
   38  nity  college  operating  costs  attributable  to non-resident students,
   39  including the impacts of charging a non-resident student or charging the
   40  county where the student resides a per student allocable portion of  the
   41  local  sponsor's  share  of operating costs, and shall also specifically
   42  include examination of the following:
   43    a. the methodology for determining the amount that may be charged by a
   44  community college for each non-resident student's allocable  portion  of
   45  the local sponsor's share of operating costs;
   46    b. the process for notifying a county of the approved annual operating
   47  and community college charge-back rates and the timeline for a county to
   48  pay the charge-back rate to the community college;
   49    c.  policies regarding charge-back rates paid by city and towns in the
   50  county; and
   51    d. recommendations for  potential  modification  to  the  laws,  regu-
   52  lations,  and policies regarding community college charges for non-resi-
   53  dent students that would result in improvements related  to  equity  and
   54  efficiency  and the fiscal impacts of implementing such modifications to
   55  students, counties and the state.
       S. 2607--D                         84                         A. 3007--D

    1    The boards shall submit a joint report of their findings to the chairs
    2  of the senate and assembly higher education committees and the chair  of
    3  the  senate  finance  committee  and  the chair of the assembly ways and
    4  means committee no later than September first, two thousand twelve.] THE
    5  STATE  UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL,
    6  PURSUANT TO A  PLAN,  DEVELOP  A  UNIFORM  METHODOLOGY  FOR  CALCULATING
    7  CHARGEBACK RATES TO ENSURE EQUITY BETWEEN THE LOCAL SPONSOR CONTRIBUTION
    8  PER  STUDENT  AND THE CHARGEBACK RATE PER STUDENT CHARGED TO OTHER COUN-
    9  TIES, AND THE IMPLEMENTATION OF SUCH METHODOLOGY WILL BE PHASED IN  OVER
   10  FIVE  YEARS BEGINNING IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
   11  ACADEMIC YEAR. THE PLAN SHALL BE SUBMITTED TO THE CHAIR  OF  THE  SENATE
   12  AND  ASSEMBLY  HIGHER  EDUCATION  COMMITTEES,  THE  CHAIRS OF THE SENATE
   13  FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
   14  AND  THE  DIRECTOR OF THE BUDGET NO LATER THAN DECEMBER FIRST, TWO THOU-
   15  SAND THIRTEEN.
   16    12. SUCH CALCULATED CHARGEBACK RATES SHALL BE SET ON AN ACADEMIC  YEAR
   17  BASIS  AND  SHALL NOT VARY BY SEMESTER WITHIN EACH ACADEMIC YEAR, AND NO
   18  RETROACTIVE CHARGE SHALL BE BILLED TO ANY COUNTY BASED ON  AN  INCREASED
   19  CHARGEBACK RATE AFTER THE COMMENCEMENT OF EACH ANNUAL ACADEMIC YEAR.
   20    13.  BEGINNING  IN  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN
   21  ACADEMIC YEAR, THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVERSITY
   22  OF  NEW YORK SHALL DEVELOP AN ON-LINE TRAINING PROGRAM TO BE MADE AVAIL-
   23  ABLE TO EACH COUNTY  TREASURER  AND/OR  FINANCIAL  OFFICER,  TO  PROVIDE
   24  INFORMATION  REGARDING  CHARGEBACK  FEES  AND GUIDANCE CONCERNING COMMON
   25  FORMS, TIMELINES, AND POLICIES  RELATING  TO  CHARGEBACK  FEES  AND  THE
   26  PAYMENT THEREOF.
   27    14.  BEGINNING  IN  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN
   28  ACADEMIC YEAR, THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVERSITY
   29  OF  NEW  YORK  SHALL  ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF AN
   30  ON-LINE OR ELECTRONIC BILLING SYSTEM, TO BE AVAILABLE TO THE COUNTIES OF
   31  THIS STATE, FOR THE PAYMENT OF CHARGEBACK FEES.
   32    S 4. This act shall take effect immediately.

   33                                   PART W

   34    Section 1. The tax law is amended by adding a  new  section  627-a  to
   35  read as follows:
   36    S 627-A. GIFT FOR HONOR AND REMEMBRANCE OF VETERANS. EFFECTIVE FOR ANY
   37  TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, AN
   38  INDIVIDUAL  IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE VETERANS
   39  REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND.  SUCH  CONTRIB-
   40  UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
   41  AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
   42  INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
   43  MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL
   44  REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
   45  VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE  AND  OPERATION  FUND  AND
   46  USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-MMMM OF
   47  THE STATE FINANCE LAW.
   48    S 1-a. The tax law is amended by adding a new section 209-H to read as
   49  follows:
   50    S 209-H. GIFT FOR HONOR AND REMEMBRANCE OF VETERANS. EFFECTIVE FOR ANY
   51  TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  THIRTEEN,
   52  ANY TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE VETERANS
   53  REMEMBRANCE  AND CEMETERY MAINTENANCE AND OPERATION FUND.  SUCH CONTRIB-
   54  UTION SHALL BE IN ANY WHOLE DOLLAR  AMOUNT  AND  SHALL  NOT  REDUCE  THE
       S. 2607--D                         85                         A. 3007--D

    1  AMOUNT  OF  STATE  TAX  OWED  BY  SUCH  TAXPAYER. THE COMMISSIONER SHALL
    2  INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO ENABLE A TAXPAYER TO
    3  MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL
    4  REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
    5  VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE  AND  OPERATION  FUND  AND
    6  USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-MMMM OF
    7  THE STATE FINANCE LAW.
    8    S 2. The state finance law is amended by adding a new section  97-mmmm
    9  to read as follows:
   10    S 97-MMMM. VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION
   11  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
   12  SIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE
   13  KNOWN  AS  THE "VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERA-
   14  TION FUND".
   15    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
   16  OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
   17  HUNDRED-NINE-H AND SIX HUNDRED TWENTY-SEVEN-A OF THE TAX  LAW,  AND  ALL
   18  OTHER  MONEYS  APPROPRIATED,  CREDITED,  OR TRANSFERRED THERETO FROM ANY
   19  OTHER FUND OR SOURCE PURSUANT TO LAW.   NOTHING IN  THIS  SECTION  SHALL
   20  PREVENT  THE  STATE  FROM  SOLICITING  AND  RECEIVING  GRANTS,  GIFTS OR
   21  BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED  IN  THIS  SECTION  AND
   22  DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   23    3.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE
   24  COMPTROLLER SHALL CERTIFY TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
   25  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
   26  COMMITTEE  AND  THE  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
   27  AMOUNT OF MONEY DEPOSITED IN THE VETERANS REMEMBRANCE AND CEMETERY MAIN-
   28  TENANCE AND OPERATION FUND DURING THE PRECEDING  CALENDAR  YEAR  AS  THE
   29  RESULT  OF  REVENUE  DERIVED PURSUANT TO SECTIONS TWO HUNDRED NINE-H AND
   30  SIX HUNDRED TWENTY-SEVEN-A OF THE TAX LAW, AND FROM  ALL  GRANTS,  GIFTS
   31  AND BEQUESTS.
   32    4.  MONEYS  OF  THE  FUND SHALL BE EXPENDED ONLY FOR THE CONSTRUCTION,
   33  ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,  OPERATION,  MAINTENANCE
   34  AND  THE  PROVISION  OF  PERPETUAL CARE OF STATE VETERANS CEMETERIES. AS
   35  USED IN  THIS  SECTION,  "THE  CONSTRUCTION,  ESTABLISHMENT,  EXPANSION,
   36  IMPROVEMENT,  SUPPORT,  OPERATION,  MAINTENANCE  AND  THE  PROVISION  OF
   37  PERPETUAL CARE OF STATE VETERANS CEMETERIES" SHALL INCLUDE, BUT  NOT  BE
   38  LIMITED TO:
   39    (A)  THE  PURCHASE,  LEASING OR IMPROVEMENT OF LAND FOR THE PURPOSE OF
   40  THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA-
   41  TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE  VETERANS
   42  CEMETERIES;
   43    (B) THE PURCHASE, LEASING, CONSTRUCTION OR IMPROVEMENT OF BUILDINGS OR
   44  INFRASTRUCTURE  FOR  THE  PURPOSE  OF  THE  CONSTRUCTION, ESTABLISHMENT,
   45  EXPANSION,  IMPROVEMENT,  SUPPORT,  OPERATION,   MAINTENANCE   AND   THE
   46  PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES;
   47    (C)  THE  PURCHASE OR LEASING OF EQUIPMENT, TOOLS, BUILDING MATERIALS,
   48  LANDSCAPING MATERIALS, MEMORIAL HEADSTONES OR MARKERS, MONUMENTS, COLUM-
   49  BARIUM NICHES, MAUSOLEUMS, CRYPTS, FLAGS, FLAG POLES, OR RELATED  REMEM-
   50  BRANCE OR CEMETERY ITEMS FOR THE CONSTRUCTION, ESTABLISHMENT, EXPANSION,
   51  IMPROVEMENT,  SUPPORT,  OPERATION,  MAINTENANCE  AND  THE  PROVISION  OF
   52  PERPETUAL CARE OF STATE VETERANS CEMETERIES;
   53    (D) THE PAYMENT OF SALARIES,  WAGES,  BENEFITS,  PROFESSIONAL  SERVICE
   54  FEES,  CONTRACT  FEES,  ASSOCIATION FEES, OR OTHER CHARGES NECESSARY FOR
   55  THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA-
       S. 2607--D                         86                         A. 3007--D

    1  TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE  VETERANS
    2  CEMETERIES; AND/OR
    3    (E)  THE  PURCHASE  OF  ANY  OTHER  ITEM  OR SERVICE NECESSARY FOR THE
    4  CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION,
    5  MAINTENANCE AND THE PROVISION OF PERPETUAL  CARE  OF  A  STATE  VETERANS
    6  CEMETERY.
    7    5.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
    8  THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  DIRECTOR  OF
    9  THE DIVISION OF VETERANS AFFAIRS.
   10    6.  MONEYS  IN  THE  VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND
   11  OPERATION FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE  COMMINGLED  WITH
   12  ANY  OTHER  MONEYS IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND/OR
   13  THE COMPTROLLER.
   14    S 3. Subdivision 12 of section 353 of the executive  law  is  REPEALED
   15  and a new subdivision 12 is added to read as follows:
   16    12.  (A) FOR THE PURPOSE OF PROVIDING FOR THE CONSTRUCTION, ESTABLISH-
   17  MENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION,  MAINTENANCE  AND  THE
   18  PROVISION OF PERPETUAL CARE FOR STATE VETERANS CEMETERIES, TO SEEK FUND-
   19  ING FROM, AND MAKE APPLICATION FOR FUNDING TO:
   20    (1)  THE  GOVERNMENT  OF  THE  UNITED  STATES, INCLUDING ANY AGENCY OR
   21  PUBLIC AUTHORITY THEREOF;
   22    (2) THE GOVERNMENT OF THE STATE OF NEW YORK, INCLUDING ANY  AGENCY  OR
   23  PUBLIC AUTHORITY THEREOF;
   24    (3)  ANY  POLITICAL  SUBDIVISION OF THE GOVERNMENT OF THE STATE OF NEW
   25  YORK, INCLUDING ANY AGENCY OR PUBLIC AUTHORITY THEREOF; OR
   26    (4) ANY PRIVATE INDIVIDUAL, CORPORATION OR FOUNDATION;
   27    (B) PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE OF THIS  ARTICLE,  TO
   28  PROVIDE  FOR  THE  CONSTRUCTION,  ESTABLISHMENT, EXPANSION, IMPROVEMENT,
   29  SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE  FOR
   30  STATE VETERANS CEMETERIES;
   31    (C)  TO EXPEND MONEYS FROM THE VETERANS REMEMBRANCE AND CEMETERY MAIN-
   32  TENANCE AND OPERATION FUND, ESTABLISHED PURSUANT TO SECTION  NINETY-SEV-
   33  EN-MMMM OF THE STATE FINANCE LAW; AND
   34    (D) TO EVALUATE, MONITOR AND OTHERWISE OVERSEE THE OPERATION OF VETER-
   35  ANS CEMETERIES IN THIS STATE.
   36    S 4. Subdivision 12-a of section 353 of the executive law is REPEALED.
   37    S  5. The executive law is amended by adding a new section 365 to read
   38  as follows:
   39    S 365. NEW YORK STATE VETERANS CEMETERIES. 1. LEGISLATIVE INTENT.  THE
   40  LEGISLATURE  FINDS AND DETERMINES THAT THE DEVOTED SERVICE AND SACRIFICE
   41  OF VETERANS DESERVE IMPORTANT, UNIQUE AND  ETERNAL  RECOGNITION  BY  THE
   42  STATE OF NEW YORK. THAT IT IS BY MEANS OF THE DEVOTED SERVICE AND SACRI-
   43  FICE OF VETERANS THAT THE LIBERTY, FREEDOM AND PROSPERITY ENJOYED BY ALL
   44  NEW YORKERS IS MAINTAINED AND PRESERVED.
   45    THE  LEGISLATURE  FURTHER  FINDS  AND  DETERMINES THAT TO PROVIDE THIS
   46  IMPORTANT, UNIQUE AND ETERNAL RECOGNITION, THE STATE SHALL  ESTABLISH  A
   47  PROGRAM  OF NEW YORK STATE VETERANS CEMETERIES IN NEW YORK. SUCH PROGRAM
   48  SHALL PROVIDE FOR THE CONSTRUCTION, ESTABLISHMENT,  EXPANSION,  IMPROVE-
   49  MENT,  SUPPORT,  OPERATION,  MAINTENANCE  AND THE PROVISION OF PERPETUAL
   50  CARE FOR STATE VETERANS CEMETERIES IN THIS STATE, AND  THEREBY  FOR  THE
   51  MEMORIALIZATION AND REMEMBRANCE OF INDIVIDUAL VETERANS AND THEIR SERVICE
   52  TO THEIR COMMUNITY, STATE AND NATION.
   53    THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT IT IS THEREFORE
   54  NECESSARY  TO  PROVIDE  FOR THE CONSTRUCTION AND ESTABLISHMENT OF ONE OR
   55  MORE NEW YORK STATE VETERANS CEMETERIES, AND THAT TO THEREAFTER, PROVIDE
   56  FOR THE EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND  THE
       S. 2607--D                         87                         A. 3007--D

    1  PROVISION  OF  PERPETUAL  CARE OF ALL SUCH CEMETERIES SO CONSTRUCTED AND
    2  ESTABLISHED. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT IT IS APPRO-
    3  PRIATE TO HAVE THE RESPONSIBILITY FOR THE  CONSTRUCTION,  ESTABLISHMENT,
    4  EXPANSION,   IMPROVEMENT,   SUPPORT,   OPERATION,  MAINTENANCE  AND  THE
    5  PROVISION OF PERPETUAL CARE FOR VETERANS CEMETERIES IN THIS STATE, TO BE
    6  UNDER THE OVERSIGHT AND DIRECTION OF  THE  STATE  DIVISION  OF  VETERANS
    7  AFFAIRS,  AND ITS DIRECTOR, INDIVIDUALLY, AND AS CHAIR OF THE MANAGEMENT
    8  BOARD, FOR EACH SUCH VETERANS CEMETERY SO CONSTRUCTED AND ESTABLISHED.
    9    2. THE ESTABLISHMENT OF THE FIRST NEW YORK  STATE  VETERANS  CEMETERY.
   10  (A)  THE  DIVISION,  IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF
   11  VETERANS AFFAIRS, AND IN CONSULTATION WITH, AND UPON THE SUPPORT OF  THE
   12  DEPARTMENT  OF  STATE  DIVISION  OF  CEMETERIES,  IS  HEREBY DIRECTED TO
   13  CONDUCT AN INVESTIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION  AND
   14  ESTABLISHMENT OF THE FIRST NEW YORK STATE VETERANS CEMETERY. SUCH INVES-
   15  TIGATION AND STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO:
   16    (I)  POTENTIAL  SITE  LOCATIONS FOR SUCH CEMETERY, WITH FULL CONSIDER-
   17  ATION AS TO THE NEEDS OF THE VETERANS POPULATION;
   18    (II) THE SIZE OF THE CEMETERY AND TYPES OF GRAVE SITES;
   19    (III) THE NUMBER OF ANNUAL INTERMENTS AT THE CEMETERY;
   20    (IV) TRANSPORTATION ACCESSIBILITY TO THE CEMETERY BY  VETERANS,  THEIR
   21  FAMILIES AND THE GENERAL PUBLIC;
   22    (V) COSTS FOR CONSTRUCTION OF THE CEMETERY;
   23    (VI)  COSTS OF OPERATION OF THE CEMETERY, INCLUDING BUT NOT LIMITED TO
   24  STAFFING COSTS TO MAINTAIN THE CEMETERY;
   25    (VII) SCALABILITY OF THE CEMETERY FOR FUTURE GROWTH AND EXPANSION;
   26    (VIII) POTENTIAL FOR FUNDING FOR THE CEMETERY FROM FEDERAL, LOCAL  AND
   27  PRIVATE SOURCES;
   28    (IX) COST OF MAINTENANCE;
   29    (X) DATA ON THE POPULATION THAT WOULD BE SERVED BY THE SITE;
   30    (XI) THE AVERAGE AGE OF THE POPULATION IN THE AREA COVERED;
   31    (XII) THE MORTALITY RATE OF THE VETERAN POPULATION FOR THE AREA;
   32    (XIII) SURROUNDING LAND USE;
   33    (XIV) TOPOGRAPHY OF THE LAND;
   34    (XV) SITE CHARACTERISTICS;
   35    (XVI) COST OF LAND ACQUISITION;
   36    (XVII)  THE  LOCATION OF EXISTING CEMETERIES INCLUDING BUT NOT LIMITED
   37  TO NATIONAL VETERANS' CEMETERIES,  COUNTY  VETERANS'  CEMETERIES,  CEME-
   38  TERIES  THAT  HAVE  PLOTS DEVOTED TO VETERANS, NOT-FOR-PROFIT CEMETERIES
   39  AND ANY OTHER BURIAL GROUND DEVOTED TO VETERANS AND ANY  OTHER  TYPE  OF
   40  BURIAL  GROUNDS  DEVOTED  TO  THE  INTERMENT OF HUMAN REMAINS THAT IS OF
   41  PUBLIC RECORD; AND
   42    (XVIII) SUCH OTHER AND FURTHER ITEMS AS THE DIRECTOR OF  THE  DIVISION
   43  DEEMS NECESSARY FOR THE FIRST STATE VETERANS CEMETERY TO BE SUCCESSFUL.
   44    A REPORT OF THE INVESTIGATION AND STUDY CONCLUSIONS SHALL BE DELIVERED
   45  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
   46  THE ASSEMBLY AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND
   47  SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE  ASSEMBLY  COMMITTEE
   48  ON  VETERANS' AFFAIRS BY NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
   49  DIVISION HAS COMMENCED THE CONDUCT OF THE INVESTIGATION AND STUDY.
   50    (B) PRIOR TO THE COMMENCEMENT OF THE INVESTIGATION AND STUDY  PURSUANT
   51  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE DIRECTOR OF THE DIVISION OF
   52  VETERANS' AFFAIRS, THE DIRECTOR OF  THE  DIVISION  OF  THE  BUDGET,  THE
   53  DIRECTOR  OF  THE  DEPARTMENT OF STATE'S DIVISION OF CEMETERIES, AND THE
   54  OFFICE OF THE STATE COMPTROLLER MUST CERTIFY TO THE GOVERNOR, THE TEMPO-
   55  RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF
   56  THE  SENATE  FINANCE  COMMITTEE  AND  THE CHAIR OF THE ASSEMBLY WAYS AND
       S. 2607--D                         88                         A. 3007--D

    1  MEANS COMMITTEE THAT THE VETERANS REMEMBRANCE AND  CEMETERY  MAINTENANCE
    2  AND OPERATION FUND, CREATED PURSUANT TO SECTION NINETY-SEVEN-MMMM OF THE
    3  STATE  FINANCE  LAW,  CONTAINS  MONEYS  SUFFICIENT,  ADJUSTED TO REFLECT
    4  PROJECTED  FUTURE  INFLATION, TO FUND THE OPERATION, MAINTENANCE AND THE
    5  PROVISION OF PERPETUAL CARE OF A STATE VETERANS' CEMETERY FOR  A  PERIOD
    6  OF  NOT  LESS  THAN  FIFTEEN  YEARS, PROVIDED THAT SUCH AMOUNT SHALL NOT
    7  INCLUDE ANY AMOUNT THAT SHALL BE REIMBURSED OR CONTRIBUTED TO THE  CEME-
    8  TERY  FROM  THE GOVERNMENT OF THE UNITED STATES OR ANY AMOUNT THAT WOULD
    9  BE RECOVERABLE BY THE CEMETERY PURSUANT TO  A  CHARGE  OF  FEE  FOR  THE
   10  PROVISION  OF A GRAVE SITE FOR A NON-VETERAN SPOUSE OR FAMILY MEMBER. IN
   11  MAKING SUCH A CERTIFICATION, THE DIRECTOR OF THE DIVISION  OF  VETERANS'
   12  AFFAIRS, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE DIRECTOR OF THE
   13  DEPARTMENT  OF  STATE'S  DIVISION  OF  CEMETERIES, AND THE OFFICE OF THE
   14  STATE COMPTROLLER SHALL CONSIDER, BUT ARE NOT LIMITED TO, THE  FOLLOWING
   15  FACTORS:
   16    (I)  PHYSICAL  ATTRIBUTES  OF  THE  VETERANS CEMETERY, INCLUDING SIZE,
   17  LOCATION, AND TERRAIN;
   18    (II) MANAGEMENT AND  OPERATION,  INCLUDING  STAFFING  COSTS,  COST  OF
   19  EQUIPMENT AND EQUIPMENT MAINTENANCE, AND SECURITY COSTS;
   20    (III)  RELEVANT  STATE AND FEDERAL REQUIREMENTS AND SPECIFICATIONS FOR
   21  INTERMENT AND PERPETUAL CARE;
   22    (IV) ESTIMATES PROVIDED BY THE UNITED STATES  DEPARTMENT  OF  VETERANS
   23  AFFAIRS;
   24    (V) ANY OTHER FISCAL COST, CHARGE OR ASSESSMENT THAT WOULD BE INCURRED
   25  BY THE CEMETERY.
   26    (C) BY NO LATER THAN NINETY DAYS FOLLOWING THE ISSUANCE OF THE REPORT,
   27  PURSUANT TO THE RULES AND REGULATIONS ISSUED UNDER PARAGRAPH (H) OF THIS
   28  SUBDIVISION,  THE  DIRECTOR  SHALL  ISSUE,  ON BEHALF OF THE DIVISION, A
   29  REQUEST FOR PROPOSALS FOR ANY LOCAL  GOVERNMENT  DESIRING  TO  HAVE  THE
   30  FIRST  STATE VETERANS CEMETERY LOCATED WITHIN ITS POLITICAL SUBDIVISION.
   31  SUCH REQUEST FOR PROPOSALS SHALL BE RETURNABLE TO  THE  DIVISION  BY  NO
   32  LATER  THAN  SIXTY  DAYS  FOLLOWING  THE  ISSUANCE  OF  THE  REQUEST FOR
   33  PROPOSALS.
   34    (D) NO LATER THAN SIXTY DAYS FOLLOWING THE DEADLINE FOR THE RETURN  OF
   35  REQUESTS  FOR  PROPOSALS  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
   36  THE DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF THE FIRST NEW
   37  YORK STATE VETERANS CEMETERY, SHALL SELECT A SITE FOR THE FIRST NEW YORK
   38  STATE VETERANS CEMETERY. IN SELECTING  SUCH  SITE,  THE  DIRECTOR  SHALL
   39  CONSIDER:
   40    (I)  THE INVESTIGATION AND STUDY, AND THE REPORT PRODUCED BY THE SAME,
   41  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   42    (II) THE SUBMITTED RESPONSES TO  THE  REQUESTS  FOR  PROPOSALS  ISSUED
   43  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION;
   44    (III)  THE  GUIDELINES  FOR  RECEIPT  OF  FEDERAL FUNDING SPECIFIED IN
   45  SECTION 2408 OF TITLE 38 OF THE UNITED STATES CODE, PART 39 OF TITLE  38
   46  OF THE CODE OF FEDERAL REGULATIONS, AND ANY OTHER RELEVANT FEDERAL STAT-
   47  UTE OR REGULATION;
   48    (IV) THE POSSIBILITY OF FUNDING FROM PRIVATE INDIVIDUALS, CORPORATIONS
   49  OR FOUNDATIONS; AND
   50    (V) ANY OTHER CONSIDERATION THAT WOULD FACILITATE THE SUCCESSFUL OPER-
   51  ATION OF THE FIRST NEW YORK STATE VETERANS CEMETERY.
   52    (E)  NO  LATER  THAN  THIRTY  DAYS FOLLOWING THE SELECTION OF THE SITE
   53  PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, THE DIRECTOR, IN  CONSUL-
   54  TATION  WITH  THE  MANAGEMENT BOARD OF THE FIRST NEW YORK STATE VETERANS
   55  CEMETERY, SHALL COMMENCE THE APPLICATION PROCESS FOR  FUNDING  FROM  THE
   56  GOVERNMENT  OF  THE UNITED STATES, IN ACCORDANCE WITH THE GRANT REQUIRE-
       S. 2607--D                         89                         A. 3007--D

    1  MENTS SPECIFIED IN SECTION 2408 OF TITLE 38 OF THE UNITED  STATES  CODE,
    2  PART  39  OF  TITLE 38 OF THE CODE OF FEDERAL REGULATIONS, AND ANY OTHER
    3  RELEVANT FEDERAL STATUTE OR REGULATION, FOR THE PURPOSE OF SEEKING FUNDS
    4  TO  SUPPORT  THE  CONSTRUCTION,  ESTABLISHMENT,  EXPANSION, IMPROVEMENT,
    5  SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL  CARE  OF
    6  NEW  YORK  STATE'S FIRST VETERANS CEMETERY. SUCH GRANT APPLICATION SHALL
    7  BE BASED ON A SITE SELECTED PURSUANT TO PARAGRAPH (D) OF  THIS  SUBDIVI-
    8  SION, AND SHALL BE CONSISTENT WITH THE GUIDELINES FOR RECEIPT OF FEDERAL
    9  FUNDING PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL LAW.
   10    (F)  A MANAGEMENT BOARD FOR THE FIRST NEW YORK STATE VETERANS CEMETERY
   11  SHALL BE APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   12    (G) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE  DIVI-
   13  SION  OF VETERANS' AFFAIRS TO COMMENCE AN INVESTIGATION AND STUDY PURSU-
   14  ANT TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  ISSUING  A  REQUEST  FOR
   15  PROPOSALS  PURSUANT  TO  PARAGRAPH  (C) OF THIS SUBDIVISION, SELECTING A
   16  SITE FOR THE FIRST NEW YORK STATE VETERANS CEMETERY  PURSUANT  TO  PARA-
   17  GRAPH (D) OF THIS SUBDIVISION, OR SUBMITTING ANY APPLICATION FOR FUNDING
   18  FROM  THE  GOVERNMENT  OF THE UNITED STATES IN ACCORDANCE WITH THE GRANT
   19  REQUIREMENTS SPECIFIED IN SECTION 2408 OF TITLE 38 OF THE UNITED  STATES
   20  CODE,  PART 30 OF TITLE 38 OF THE CODE OF FEDERAL REGULATIONS, AND OTHER
   21  RELEVANT FEDERAL STATUTES OR REGULATIONS, FOR  THE  PURPOSE  OF  SEEKING
   22  FUNDS  TO  SUPPORT  THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVE-
   23  MENT, SUPPORT, OPERATION, MAINTENANCE AND  THE  PROVISION  OF  PERPETUAL
   24  CARE  OF  NEW YORK STATE'S FIRST VETERANS CEMETERY PURSUANT TO PARAGRAPH
   25  (E) OF THIS SUBDIVISION UNTIL THE FUNDS IN THE VETERANS REMEMBRANCE  AND
   26  CEMETERY  MAINTENANCE AND OPERATION FUND HAVE BEEN CERTIFIED PURSUANT TO
   27  PARAGRAPH (B) OF THIS SUBDIVISION.
   28    (H) THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS GOVERNING:
   29    (I) THE GUIDELINES AND STANDARDS FOR THE CONSTRUCTION,  ESTABLISHMENT,
   30  EXPANSION,   IMPROVEMENT,   SUPPORT,   OPERATION,  MAINTENANCE  AND  THE
   31  PROVISION OF PERPETUAL CARE FOR A STATE VETERANS CEMETERY.  SUCH  GUIDE-
   32  LINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   33    (1) THE SIZE AND TERRAIN OF THE CEMETERY;
   34    (2)  THE  MANAGEMENT  AND OPERATION OF THE CEMETERY, INCLUDING BUT NOT
   35  LIMITED TO:
   36    (A) HOURS OF OPERATION;
   37    (B) EMPLOYEES, EMPLOYEE RELATIONS, AND EMPLOYEE DUTIES;
   38    (C) THE CONDUCT AND PRACTICE OF EVENTS, CEREMONIES AND PROGRAMS;
   39    (D) THE FILING AND COMPLIANCE OF THE CEMETERY WITH STATE  AND  FEDERAL
   40  REGULATORS; AND
   41    (E)  SUCH  OTHER  AND FURTHER OPERATIONAL AND MANAGEMENT PRACTICES AND
   42  PROCEDURES AS THE DIRECTOR SHALL  DETERMINE  TO  BE  NECESSARY  FOR  THE
   43  SUCCESSFUL OPERATION OF A STATE VETERANS CEMETERY.
   44    (3) THE LAYOUT OF PLOTS;
   45    (4)  THE  LOCATIONS  OF BUILDING AND INFRASTRUCTURE, INCLUDING BUT NOT
   46  LIMITED TO:
   47    (A) ELECTRICAL LINES AND FACILITIES;
   48    (B) WATERLINES, IRRIGATION SYSTEMS, AND DRAINAGE FACILITIES;
   49    (C) TREES, FLOWERS AND OTHER PLANTINGS;
   50    (D) NON GRAVESITE MEMORIALS, GRAVESITE MEMORIALS,  MAUSOLEUMS,  COLUM-
   51  BARIUM  NICHES,  HEADSTONES, GRAVE MARKERS, INDOOR INTERMENT FACILITIES,
   52  COMMITTAL-SERVICE SHELTERS, SIGNAGE,  FLAG  POLES,  AND  OTHER  MEMORIAL
   53  GATHERING SPACES OR INFRASTRUCTURE;
   54    (E) ROADWAYS, PEDESTRIAN PATHWAYS, PARKING SITES, CURBS AND CURB CUTS;
   55    (F) PONDS, LAKES AND OTHER WATER SITES;
       S. 2607--D                         90                         A. 3007--D

    1    (G)  RETAINING WALLS, GATES, FENCES, SECURITY SYSTEMS OR OTHER DEVICES
    2  FOR CEMETERY PROTECTION; AND
    3    (H)  ANY  OTHER  BUILDINGS, STRUCTURES OR INFRASTRUCTURE NECESSARY FOR
    4  THE SAFE, EFFICIENT AND EFFECTIVE OPERATION OF THE CEMETERY;
    5    (5) THE QUALIFICATIONS FOR INTERMENT, CONSISTENT WITH  THE  PROVISIONS
    6  OF STATE AND FEDERAL LAW AND ANY REQUIREMENTS PURSUANT TO THE RECEIPT OF
    7  FEDERAL, STATE, LOCAL OR PRIVATE FUNDS;
    8    (6) THE LOCATION AND PLACEMENT OF INTERMENTS;
    9    (7)  CONSISTENT  WITH  THE PROVISIONS OF STATE AND FEDERAL LAW AND ANY
   10  REQUIREMENTS PURSUANT TO THE RECEIPT OF FEDERAL, STATE, LOCAL OR PRIVATE
   11  FUNDS, THE FINANCIAL MANAGEMENT  OF  THE  CEMETERY,  INCLUDING  BUT  NOT
   12  LIMITED TO:
   13    (A)  THE PROCEDURES FOR THE PROTECTION AND IMPLEMENTATION OF THE CEME-
   14  TERY'S ANNUAL BUDGET;
   15    (B) THE SEEKING, COLLECTING,  DEPOSIT  AND  EXPENDITURE  OF  OPERATING
   16  FUNDS PURSUANT TO THE CEMETERY'S BUDGET;
   17    (C)  THE SEEKING, COLLECTING, DEPOSIT AND EXPENDITURE OF CAPITAL FUNDS
   18  PURSUANT TO THE CEMETERY'S CAPITAL PLAN;
   19    (D) THE SEEKING, COLLECTING,  DEPOSIT  AND  EXPENDITURE  OF  EMERGENCY
   20  FUNDS TO ADDRESS AN UNEXPECTED EVENT;
   21    (E)  THE  ASSESSMENT,  CHARGING,  COLLECTION  AND  DEPOSIT OF FEES AND
   22  CHARGES;
   23    (F) THE MANAGEMENT OF CEMETERY FINANCES, BOTH CURRENT AND FUTURE, WITH
   24  RESPECT TO INVESTMENTS; AND
   25    (G) SUCH OTHER AND FURTHER PROCEDURES AND  ACTIVITIES  CONCERNING  THE
   26  FINANCIAL MANAGEMENT OF THE CEMETERY;
   27    (8)  THE  PROVISION  OF PERPETUAL CARE FOR THE CEMETERY, INCLUDING BUT
   28  NOT LIMITED TO:
   29    (A) THE FREQUENCY, STANDARDS AND METHODS FOR  THE  BEAUTIFICATION  AND
   30  MAINTENANCE  OF  GROUNDS,  MEMORIALS,  GRAVESITES, BUILDINGS, CEREMONIAL
   31  SITES, OR OTHER LOCATIONS WITHIN, OR UPON THE CURTILAGE OF THE CEMETERY;
   32    (B) THE FREQUENCY, STANDARDS AND METHODS FOR THE PROVISION  OF  FLAGS,
   33  PATRIOTIC  AND  MILITARY  SYMBOLS,  AND  OTHER  HONORARY  ITEMS, AT EACH
   34  GRAVESITE AND THROUGHOUT THE CEMETERY; AND
   35    (C) SUCH OTHER AND FURTHER STANDARDS AS ARE NECESSARY  TO  ASSURE  THE
   36  PROPER  PERPETUAL CARE OF THE CEMETERY IN A MANNER BEFITTING THE HIGHEST
   37  LEVEL OF HONOR AND RESPECT DESERVING TO THOSE VETERANS AND  THEIR  FAMI-
   38  LIES INTERRED IN THE CEMETERY;
   39    (9) GUIDELINES AND STANDARDS FOR THE PROCUREMENT OF LAND FOR THE CEME-
   40  TERY  PROVIDING  THAT  THE STATE VETERANS CEMETERY, AND ALL THE PROPERTY
   41  UPON WHICH IT RESIDES SHALL BE OWNED IN FEE SIMPLE ABSOLUTE BY THE STATE
   42  OF NEW YORK;
   43    (10) GUIDELINES AND STANDARDS FOR THE PRACTICES AND PROCEDURES FOR THE
   44  CONSTRUCTION AND ESTABLISHMENT OF A STATE VETERANS  CEMETERY,  INCLUDING
   45  CONTRACTING  AND  PURCHASING  FOR  CONSTRUCTION  SERVICES,  PROFESSIONAL
   46  SERVICES, LEGAL SERVICES, ARCHITECTURAL SERVICES,  CONSULTING  SERVICES,
   47  AS  WELL  AS THE PROCUREMENT OF MATERIALS, ALL CONSISTENT WITH THE RELE-
   48  VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL-
   49  GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE  GRANTS  AWARDED
   50  OR  PURSUED  FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND-
   51  ING;
   52    (11) GUIDELINES AND STANDARDS FOR THE PRACTICES AND PROCEDURES FOR THE
   53  EXPANSION AND  IMPROVEMENT  OF  A  STATE  VETERANS  CEMETERY,  INCLUDING
   54  CONTRACTING  AND  PURCHASING  FOR  CONSTRUCTION  SERVICES,  PROFESSIONAL
   55  SERVICES, LEGAL SERVICES, ARCHITECTURAL SERVICES,  CONSULTING  SERVICES,
   56  AS  WELL  AS THE PROCUREMENT OF MATERIALS, ALL CONSISTENT WITH THE RELE-
       S. 2607--D                         91                         A. 3007--D

    1  VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL-
    2  GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE  GRANTS  AWARDED
    3  OR  PURSUED  FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND-
    4  ING;
    5    (12)  ANY  OTHER  GUIDELINES  AND  STANDARDS THAT WOULD FACILITATE THE
    6  SUCCESSFUL CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,
    7  OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR THE STATE
    8  VETERANS CEMETERY;
    9    (II) GUIDELINES AND STANDARDS FOR THE REQUEST FOR  PROPOSALS  FOR  ANY
   10  LOCAL  GOVERNMENT  DESIRING  TO  HAVE  THE FIRST STATE VETERANS CEMETERY
   11  LOCATED WITHIN ITS POLITICAL SUBDIVISION, PURSUANT TO PARAGRAPH  (B)  OF
   12  THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO:
   13    (1)  THE FORM, REQUIREMENTS AND STANDARDS REQUIRED FOR SUBMISSION OF A
   14  RESPONSE TO THE REQUEST FOR PROPOSALS;
   15    (2) THE REQUIREMENT, IF THE DIRECTOR SO ELECTS, THAT A RESPONSE  SHALL
   16  REQUIRE  THE LOCAL GOVERNMENT TO AGREE TO CONTRACT WITH THE STATE OF NEW
   17  YORK THAT ALL COSTS FOR CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVE-
   18  MENT, SUPPORT, OPERATION, MAINTENANCE AND  THE  PROVISION  OF  PERPETUAL
   19  CARE  OF  THE VETERANS CEMETERY SHALL BE THE SOLE RESPONSIBILITY OF, AND
   20  PAID BY THE LOCAL GOVERNMENT, AND THAT TO THE EXTENT SUCH COSTS ARE  NOT
   21  PAID  OR REIMBURSED BY THE GOVERNMENT OF THE UNITED STATES, OR A PRIVATE
   22  INDIVIDUAL, CORPORATION OR FOUNDATION;
   23    (3) THE REQUIREMENT THAT THE LOCAL GOVERNMENT  WILL  COMPLY  WITH  ALL
   24  STATE  AND FEDERAL STATUTES AND REGULATIONS CONCERNING THE CONSTRUCTION,
   25  ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,  OPERATION,  MAINTENANCE
   26  AND  THE PROVISION OF PERPETUAL CARE OF THE STATE VETERANS CEMETERY, AND
   27  SHALL SATISFY ANY AND ALL APPLICABLE STATE  AND  FEDERAL  STANDARDS  AND
   28  REQUIREMENTS FOR THE PERPETUAL CARE OF THE STATE VETERANS CEMETERY;
   29    (4)  THAT THE STATE VETERANS CEMETERY, AND ALL THE PROPERTY UPON WHICH
   30  IT RESIDES SHALL BE OWNED IN FEE SIMPLE ABSOLUTE BY  THE  STATE  OF  NEW
   31  YORK;
   32    (5)  THAT ALL LANDS UPON WHICH SUCH CEMETERY IS CONSTRUCTED AND ESTAB-
   33  LISHED SHALL BE USED SOLELY FOR STATE VETERANS  CEMETERY  PURPOSES,  AND
   34  FOR  THE  PURPOSE OF PROVIDING THE HONOR AND REMEMBRANCE OF VETERANS AND
   35  THEIR SERVICE THROUGH CEREMONIES AND PROGRAMS;
   36    (6) THE REQUIREMENT THAT A RESPONSE SHALL REQUIRE THE LOCAL GOVERNMENT
   37  TO AGREE TO AUTHORIZE THE STATE OF NEW YORK, IN THE EVENT THAT THE LOCAL
   38  GOVERNMENT FAILS TO PERFORM ITS OBLIGATIONS UNDER THE CONTRACT WITH  THE
   39  STATE  OF NEW YORK, THAT THE STATE DIRECTOR OF THE DIVISION OF VETERANS'
   40  AFFAIRS SHALL CERTIFY TO THE  COMPTROLLER  ANY  UNPAID  AMOUNTS  OR  ANY
   41  AMOUNTS  NECESSARY  FOR  THE  STATE  TO ASSUME THE OBLIGATIONS WHICH THE
   42  LOCAL GOVERNMENT FAILED TO PERFORM, AND THE COMPTROLLER  SHALL,  TO  THE
   43  EXTENT  NOT  OTHERWISE  PROHIBITED BY LAW, WITHHOLD SUCH AMOUNT FROM ANY
   44  STATE AID OR OTHER AMOUNT PAYABLE  TO  SUCH  LOCAL  GOVERNMENT;  TO  THE
   45  EXTENT THAT SUFFICIENT FUNDS ARE NOT AVAILABLE FOR SUCH WITHHOLDING, THE
   46  STATE  MAY  PURSUE  ANY  AND ALL AVAILABLE LEGAL REMEDIES TO ENFORCE THE
   47  TERMS OF THE CONTRACT ENTERED INTO BETWEEN THE STATE AND A LOCAL GOVERN-
   48  MENT PURSUANT TO THIS SUBDIVISION; AND
   49    (7) SUCH OTHER AND FURTHER  REQUIREMENTS  AS  THE  DIRECTOR  MAY  DEEM
   50  PRUDENT  IN THE FACILITATION OF THE SUCCESSFUL SITING AND OPERATION OF A
   51  STATE VETERANS CEMETERY IN THE JURISDICTION OF THE LOCAL GOVERNMENT; AND
   52    (III) SUCH OTHER AND FURTHER GUIDELINES AND STANDARDS AS ARE NECESSARY
   53  FOR THE SUCCESSFUL CONSTRUCTION, ESTABLISHMENT, EXPANSION,  IMPROVEMENT,
   54  SUPPORT,  OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR
   55  A STATE VETERANS CEMETERY;
       S. 2607--D                         92                         A. 3007--D

    1    (I) UPON THE APPROVAL OF THE APPLICATION FOR FUNDING FROM THE  GOVERN-
    2  MENT OF THE UNITED STATES, MADE PURSUANT TO PARAGRAPH (E) OF THIS SUBDI-
    3  VISION, THE DIRECTOR, UPON CONSULTATION WITH THE MANAGEMENT BOARD, SHALL
    4  COMMENCE  THE  PROCESS  OF  CONSTRUCTION  AND ESTABLISHMENT OF THE FIRST
    5  STATE VETERANS CEMETERY. SUCH PROCESS SHALL BE CONSISTENT WITH THE RELE-
    6  VANT PROVISIONS OF LOCAL, STATE AND FEDERAL LAW, AND THE RULES AND REGU-
    7  LATIONS ESTABLISHED PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION.
    8    3.  MANAGEMENT  BOARDS  OF NEW YORK STATE VETERANS CEMETERIES. (A) FOR
    9  EACH NEW YORK STATE VETERANS CEMETERY THERE SHALL BE A MANAGEMENT BOARD.
   10  EACH SUCH MANAGEMENT BOARD SHALL CONSIST OF NINE MEMBERS, INCLUDING  THE
   11  DIRECTOR  OF  THE  DIVISION  WHO SHALL SERVE AS CHAIR, AND FOUR MEMBERS,
   12  APPOINTED BY THE GOVERNOR. OF SUCH FOUR  MEMBERS,  NOT  FEWER  THAN  TWO
   13  SHALL  BE  A  VETERAN OF THE UNITED STATES ARMY, THE UNITED STATES NAVY,
   14  THE UNITED STATES AIR FORCE, THE UNITED STATES  MARINES,  THE  NEW  YORK
   15  ARMY NATIONAL GUARD, THE NEW YORK AIR NATIONAL GUARD, THE NEW YORK NAVAL
   16  MILITIA, OR A MEMBER WHO HAS SERVED IN A THEATER OF COMBAT OPERATIONS OF
   17  THE UNITED STATES COAST GUARD OR THE UNITED STATES MERCHANT MARINE.  TWO
   18  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND
   19  TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE STATE ASSEMBLY.  AT
   20  LEAST  ONE  OF  THE  MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE
   21  SENATE AND AT LEAST ONE OF THE MEMBERS APPOINTED BY THE SPEAKER  OF  THE
   22  ASSEMBLY SHALL BE A VETERAN OF THE UNITED STATES ARMY, THE UNITED STATES
   23  NAVY,  THE  UNITED  STATES AIR FORCE, THE UNITED STATES MARINES, THE NEW
   24  YORK ARMY NATIONAL GUARD, THE NEW YORK AIR NATIONAL GUARD, THE NEW  YORK
   25  NAVAL  MILITIA,  OR A MEMBER WHO HAS SERVED IN A THEATER OF COMBAT OPER-
   26  ATIONS OF THE UNITED STATES COAST GUARD OR THE  UNITED  STATES  MERCHANT
   27  MARINE. NO MEMBER SHALL RECEIVE ANY COMPENSATION FOR HIS OR HER SERVICE,
   28  BUT  MEMBERS  WHO  ARE  NOT  STATE OFFICIALS MAY BE REIMBURSED FOR THEIR
   29  ACTUAL AND NECESSARY EXPENSES, INCLUDING  TRAVEL  EXPENSES  INCURRED  IN
   30  PERFORMANCE  OF  THEIR DUTIES. THE MANAGEMENT BOARD MAY CONSULT WITH ANY
   31  FEDERAL, STATE OR  LOCAL  ENTITY  FOR  THE  PURPOSES  OF  ADVANCING  ITS
   32  PURPOSES, MISSION AND DUTIES.
   33    (B)  THE MANAGEMENT BOARD SHALL ADVISE, BY MAJORITY VOTE, THE DIRECTOR
   34  ON  ISSUES  CONCERNING  THE  CONSTRUCTION,   ESTABLISHMENT,   EXPANSION,
   35  IMPROVEMENT,  SUPPORT,  OPERATION,  MAINTENANCE  AND  THE  PROVISION  OF
   36  PERPETUAL CARE FOR THE VETERANS CEMETERY, INCLUDING BUT NOT  LIMITED  TO
   37  ISSUES  OF  FINANCIAL  CONCERN,  EMPLOYMENT  RELATIONS, CEMETERY POLICY,
   38  CEMETERY EVENTS AND PROGRAMS, AND SUCH OTHER AND FURTHER ISSUES  AS  THE
   39  BOARD AND DIRECTOR SHALL DEEM IMPORTANT.
   40    4.  ADDITIONAL STATE VETERANS CEMETERIES. (A) NOT LATER THAN TEN YEARS
   41  AFTER THE CONSTRUCTION AND ESTABLISHMENT OF THE  FIRST  NEW  YORK  STATE
   42  VETERANS  CEMETERY,  AND  EVERY  TEN  YEARS THEREAFTER, THE DIVISION, IN
   43  COOPERATION WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, SHALL
   44  CONDUCT AN INVESTIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION  AND
   45  ESTABLISHMENT  OF  ADDITIONAL  NEW  YORK STATE VETERANS CEMETERIES. SUCH
   46  INVESTIGATION AND STUDY SHALL CONSIDER, BUT NOT BE LIMITED TO, THE STUDY
   47  PARAMETERS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  TWO  OF
   48  THIS  SECTION.  A  REPORT  OF THE INVESTIGATION AND STUDY REQUIRED TO BE
   49  CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL BE DELIVERED TO THE  GOVER-
   50  NOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY
   51  AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND SECURITY AND
   52  MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE  ON  VETERANS'
   53  AFFAIRS,  BY  NO LATER THAN NINETY DAYS AFTER THE DIVISION HAS COMMENCED
   54  THE CONDUCT OF THE INVESTIGATION AND STUDY;
   55    (B) THE REPORT OF THE INVESTIGATION AND STUDY REQUIRED TO BE CONDUCTED
   56  PURSUANT TO THIS SUBDIVISION SHALL PROVIDE A DETERMINATION BY THE DIREC-
       S. 2607--D                         93                         A. 3007--D

    1  TOR AS TO WHETHER THE STATE SHOULD CONSTRUCT AND ESTABLISH ONE  OR  MORE
    2  ADDITIONAL  VETERANS CEMETERIES, AND SHALL STATE THE REASONING AND BASIS
    3  FOR SUCH DETERMINATION; AND
    4    (C)  THE  DIVISION MAY, AT THE DISCRETION OF THE DIRECTOR, AT ANY TIME
    5  AFTER FIVE YEARS FROM THE COMPLETION OF CONSTRUCTION OF THE MOST RECENT-
    6  LY CONSTRUCTED AND ESTABLISHED STATE VETERANS CEMETERY,  IN  COOPERATION
    7  WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, CONDUCT AN INVES-
    8  TIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION AND ESTABLISHMENT OF
    9  ADDITIONAL  NEW YORK STATE VETERANS CEMETERIES. A REPORT OF THE INVESTI-
   10  GATION AND STUDY REQUIRED TO BE CONDUCTED  SHALL  BE  DELIVERED  TO  THE
   11  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
   12  ASSEMBLY AND THE CHAIR OF THE SENATE  COMMITTEE  ON  VETERANS,  HOMELAND
   13  SECURITY  AND  MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE
   14  ON VETERANS' AFFAIRS, BY NO LATER THAN NINETY DAYS  AFTER  THE  DIVISION
   15  HAS COMMENCED THE CONDUCT OF THE INVESTIGATION AND STUDY.
   16    (D) IF THE DIRECTOR, PURSUANT TO THE INVESTIGATION AND STUDY CONDUCTED
   17  PURSUANT  TO  THIS  SUBDIVISION, DETERMINES THAT THERE SHALL BE AN ADDI-
   18  TIONAL STATE VETERANS CEMETERY IN NEW YORK  STATE,  THE  DIRECTOR  SHALL
   19  PROVIDE  FOR  THE  CONSTRUCTION  AND  ESTABLISHMENT OF SUCH NEW VETERANS
   20  CEMETERY  PURSUANT  TO  THE  SAME  GUIDELINES  AND  STANDARDS  FOR   THE
   21  CONSTRUCTION  AND  ESTABLISHMENT  OF  THE  FIRST STATE VETERANS CEMETERY
   22  UNDER THIS SECTION.
   23    5. EXPANSION AND IMPROVEMENT OF EXISTING  STATE  VETERANS  CEMETERIES.
   24  THE  DIRECTOR,  IN  CONSULTATION  WITH  THE  MANAGEMENT BOARD OF A STATE
   25  VETERANS CEMETERY, MAY PROVIDE FOR THE EXPANSION AND/OR  IMPROVEMENT  OF
   26  THE  CEMETERY.  SUCH  EXPANSION  AND  IMPROVEMENT  SHALL BE CONDUCTED IN
   27  ACCORDANCE WITH THE RULES AND REGULATIONS OF THE  DIVISION  UNDER  PARA-
   28  GRAPH (H) OF SUBDIVISION TWO OF THIS SECTION.
   29    S 6. This act shall take effect immediately.

   30                                   PART X

   31    Section  1. Section 2 of the public service law is amended by adding a
   32  new subdivision 14 to read as follows:
   33    14. THE TERM "COMBINATION GAS AND ELECTRIC CORPORATION," WHEN USED  IN
   34  SECTIONS  TWENTY-FIVE-A,  SIXTY-FIVE  AND  SIXTY-SIX  OF  THIS  CHAPTER,
   35  INCLUDES ANY GAS CORPORATION OPERATING IN NEW YORK UNDER  COMMON  OWNER-
   36  SHIP  WITH AN ELECTRIC CORPORATION OPERATING IN NEW YORK OR ANY ELECTRIC
   37  CORPORATION OPERATING IN NEW YORK UNDER  COMMON  OWNERSHIP  WITH  A  GAS
   38  CORPORATION  OPERATING  IN  NEW  YORK,  OR  ANY SUCCESSOR OF EITHER SUCH
   39  CORPORATION; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE MUNICI-
   40  PALLY-OWNED UTILITIES, AND SHALL NOT INCLUDE ANY  GENERATING  FACILITIES
   41  OWNED  OR OPERATED BY EITHER SUCH CORPORATION OR ANY COMMON OWNER THERE-
   42  OF, OR ANY SUBSIDIARY OF SUCH COMMON OWNER.
   43    S 2. The public service law is amended by adding a new section 25-a to
   44  read as follows:
   45    S 25-A. COMBINATION  GAS  AND  ELECTRIC  CORPORATIONS;  ADMINISTRATIVE
   46  SANCTIONS;  RECOVERY  OF PENALTIES. NOTWITHSTANDING SECTIONS TWENTY-FOUR
   47  AND TWENTY-FIVE OF THIS ARTICLE: 1. EVERY COMBINATION GAS  AND  ELECTRIC
   48  CORPORATION  AND THE OFFICERS THEREOF SHALL ADHERE TO EVERY PROVISION OF
   49  THIS CHAPTER AND EVERY ORDER OR REGULATION ADOPTED  UNDER  AUTHORITY  OF
   50  THIS CHAPTER SO LONG AS THE SAME SHALL BE IN FORCE.
   51    2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
   52  PENALTY AGAINST A COMBINATION GAS AND ELECTRIC CORPORATION AND THE OFFI-
   53  CERS THEREOF SUBJECT TO THE  JURISDICTION,  SUPERVISION,  OR  REGULATION
   54  PURSUANT  TO  THIS CHAPTER IN AN AMOUNT AS SET FORTH IN THIS SECTION. IN
       S. 2607--D                         94                         A. 3007--D

    1  DETERMINING THE AMOUNT OF ANY PENALTY TO BE ASSESSED  PURSUANT  TO  THIS
    2  SECTION,  THE  COMMISSION  SHALL  CONSIDER:  (I)  THE SERIOUSNESS OF THE
    3  VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE NATURE AND  EXTENT  OF
    4  ANY  PREVIOUS  VIOLATIONS FOR WHICH PENALTIES HAVE BEEN ASSESSED AGAINST
    5  THE CORPORATION OR OFFICER; (III) WHETHER THERE  WAS  KNOWLEDGE  OF  THE
    6  VIOLATION;  (IV)  THE  GROSS REVENUES AND FINANCIAL STATUS OF THE CORPO-
    7  RATION; AND (V) SUCH OTHER FACTORS AS THE COMMISSION MAY DEEM  APPROPRI-
    8  ATE AND RELEVANT. THE REMEDIES PROVIDED BY THIS SUBDIVISION ARE IN ADDI-
    9  TION TO ANY OTHER REMEDIES PROVIDED IN LAW.
   10    (B)  WHENEVER  THE COMMISSION HAS REASON TO BELIEVE THAT A COMBINATION
   11  GAS AND ELECTRIC CORPORATION OR SUCH OFFICERS THEREOF SHOULD BE  SUBJECT
   12  TO  IMPOSITION  OF  A CIVIL PENALTY AS SET FORTH IN THIS SUBDIVISION, IT
   13  SHALL NOTIFY SUCH CORPORATION OR OFFICER. SUCH NOTICE SHALL INCLUDE, BUT
   14  SHALL NOT BE LIMITED TO:  (I) THE DATE AND A BRIEF  DESCRIPTION  OF  THE
   15  FACTS AND NATURE OF EACH ACT OR FAILURE TO ACT FOR WHICH SUCH PENALTY IS
   16  PROPOSED;  (II)  A  LIST  OF  EACH STATUTE, REGULATION OR ORDER THAT THE
   17  COMMISSION ALLEGES HAS BEEN VIOLATED;  AND  (III)  THE  AMOUNT  OF  EACH
   18  PENALTY THAT THE COMMISSION PROPOSES TO ASSESS.
   19    (C)  WHENEVER  THE COMMISSION HAS REASON TO BELIEVE THAT A COMBINATION
   20  GAS AND ELECTRIC CORPORATION OR SUCH OFFICERS THEREOF SHOULD BE  SUBJECT
   21  TO  IMPOSITION  OF  A  CIVIL  PENALTY  OR PENALTIES AS SET FORTH IN THIS
   22  SUBDIVISION, THE COMMISSION SHALL HOLD A HEARING TO DEMONSTRATE WHY  THE
   23  PROPOSED  PENALTY  OR PENALTIES SHOULD BE ASSESSED AGAINST SUCH COMBINA-
   24  TION GAS AND ELECTRIC CORPORATION OR SUCH OFFICERS.
   25    3. ANY COMBINATION GAS AND  ELECTRIC  CORPORATION  DETERMINED  BY  THE
   26  COMMISSION  TO HAVE FAILED TO REASONABLY COMPLY AS SHOWN BY A PREPONDER-
   27  ANCE OF THE EVIDENCE WITH A PROVISION OF THIS CHAPTER, REGULATION OR  AN
   28  ORDER  ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO LONG AS THE SAME SHALL
   29  BE IN FORCE SHALL FORFEIT A SUM NOT EXCEEDING THE GREATER OF ONE HUNDRED
   30  THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF  ONE  PERCENT  OF  THE  ANNUAL
   31  INTRASTATE  GROSS  OPERATING  REVENUE  OF THE CORPORATION, NOT INCLUDING
   32  TAXES PAID TO AND REVENUES COLLECTED ON BEHALF OF  GOVERNMENT  ENTITIES,
   33  CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
   34  OF  A  CONTINUING  VIOLATION,  EACH  DAY  SHALL BE DEEMED A SEPARATE AND
   35  DISTINCT OFFENSE.
   36    4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
   37  SECTION, ANY SUCH COMBINATION GAS AND ELECTRIC CORPORATION DETERMINED BY
   38  THE  COMMISSION  TO HAVE FAILED TO REASONABLY COMPLY WITH A PROVISION OF
   39  THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED UNDER THE  AUTHORITY  OF
   40  THIS  CHAPTER  SPECIFICALLY  FOR  THE  PROTECTION  OF  HUMAN  SAFETY  OR
   41  PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY,  INCLUDING,  BUT  NOT
   42  LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY REGULATIONS SHALL, IF IT
   43  IS  DETERMINED BY THE COMMISSION BY A PREPONDERANCE OF THE EVIDENCE THAT
   44  SUCH SAFETY VIOLATION CAUSED OR CONSTITUTED  A  CONTRIBUTING  FACTOR  IN
   45  BRINGING  ABOUT:   (A) A DEATH OR PERSONAL INJURY; OR (B) DAMAGE TO REAL
   46  PROPERTY IN EXCESS OF FIFTY THOUSAND  DOLLARS,  FORFEIT  A  SUM  NOT  TO
   47  EXCEED THE GREATER OF:
   48    (I)  TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
   49  PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF  THE  CORPO-
   50  RATION,  NOT INCLUDING TAXES PAID TO AND REVENUES COLLECTED ON BEHALF OF
   51  GOVERNMENT ENTITIES, WHICHEVER IS GREATER, CONSTITUTING A CIVIL  PENALTY
   52  FOR  EACH  SEPARATE  AND  DISTINCT  OFFENSE; PROVIDED, HOWEVER, THAT FOR
   53  PURPOSES OF THIS PARAGRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT
   54  BE DEEMED A SEPARATE AND DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTIN-
   55  UING VIOLATION, AS WELL AS EVERY DISTINCT VIOLATION, SHALL BE  SIMILARLY
       S. 2607--D                         95                         A. 3007--D

    1  TREATED  AS  A  SEPARATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARA-
    2  GRAPH; OR
    3    (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
    4  THREE OF THIS SECTION.
    5    5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
    6  SECTION, A COMBINATION GAS AND ELECTRIC CORPORATION  DETERMINED  BY  THE
    7  COMMISSION TO HAVE FAILED TO REASONABLY COMPLY BY A PREPONDERANCE OF THE
    8  EVIDENCE  WITH  A  PROVISION  OF THIS CHAPTER, OR AN ORDER OR REGULATION
    9  ADOPTED UNDER AUTHORITY OF THIS CHAPTER, DESIGNED TO PROTECT THE OVERALL
   10  RELIABILITY AND CONTINUITY OF ELECTRIC SERVICE, INCLUDING BUT NOT LIMIT-
   11  ED TO THE RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT
   12  OR EMERGENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
   13    (A) FIVE HUNDRED  THOUSAND  DOLLARS  OR  FOUR  ONE-HUNDREDTHS  OF  ONE
   14  PERCENT  OF  THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE CORPO-
   15  RATION, NOT INCLUDING TAXES PAID TO AND REVENUES COLLECTED ON BEHALF  OF
   16  GOVERNMENT  ENTITIES, WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY
   17  FOR EACH SEPARATE AND DISTINCT  OFFENSE;  PROVIDED,  HOWEVER,  THAT  FOR
   18  PURPOSES  OF THIS PARAGRAPH EACH DAY OF A CONTINUING VIOLATION SHALL NOT
   19  BE DEEMED A SEPARATE AND DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTIN-
   20  UING VIOLATION, AS WELL AS EVERY DISTINCT VIOLATION SHALL  BE  SIMILARLY
   21  TREATED  AS  A  SEPARATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARA-
   22  GRAPH; OR
   23    (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
   24  THREE OF THIS SECTION.
   25    6.  ANY OFFICER OF ANY COMBINATION GAS AND ELECTRIC CORPORATION DETER-
   26  MINED BY THE COMMISSION TO HAVE VIOLATED THE PROVISIONS  OF  SUBDIVISION
   27  THREE,  FOUR,  OR  FIVE  OF  THIS  SECTION, AND WHO KNOWINGLY VIOLATES A
   28  PROVISION OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORI-
   29  TY OF THIS CHAPTER SO LONG AS THE SAME SHALL BE IN FORCE SHALL FORFEIT A
   30  SUM NOT TO EXCEED ONE HUNDRED  THOUSAND  DOLLARS  CONSTITUTING  A  CIVIL
   31  PENALTY  FOR  EACH  AND  EVERY  OFFENSE AND, IN THE CASE OF A CONTINUING
   32  VIOLATION, EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT OFFENSE.
   33    7. ANY SUCH ASSESSMENT MAY  BE  COMPROMISED  OR  DISCONTINUED  BY  THE
   34  COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
   35  THE  COSTS  THEREOF,  SHALL  BE  REMITTED TO, OR FOR THE BENEFIT OF, THE
   36  RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
   37    8. UPON A FAILURE BY A COMBINATION GAS  AND  ELECTRIC  CORPORATION  OR
   38  OFFICER TO REMIT ANY PENALTY ASSESSED BY THE COMMISSION PURSUANT TO THIS
   39  SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
   40  SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
   41  DICTION.
   42    9.  ANY  PAYMENT MADE BY A COMBINATION GAS AND ELECTRIC CORPORATION OR
   43  THE OFFICERS THEREOF AS A RESULT OF AN ASSESSMENT AS  PROVIDED  IN  THIS
   44  SECTION,  AND  THE  COST  OF LITIGATION AND INVESTIGATION RELATED TO ANY
   45  SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
   46    10. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER  RELAT-
   47  ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
   48  A  COMBINED  GAS AND ELECTRIC CORPORATION ACTING WITHIN THE SCOPE OF HIS
   49  OR HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE  THE  ACT  OF
   50  SUCH CORPORATION.
   51    11. IT SHALL BE A VIOLATION OF THIS CHAPTER SHOULD A DIRECTOR, OFFICER
   52  OR  EMPLOYEE  OF A PUBLIC UTILITY COMPANY, CORPORATION, PERSON ACTING IN
   53  HIS OR HER OFFICIAL DUTIES OR EMPLOYMENT, OR AN AGENT ACTING  ON  BEHALF
   54  OF  AN  EMPLOYER  TAKE  RETALIATORY  PERSONNEL ACTION SUCH AS DISCHARGE,
   55  SUSPENSION, DEMOTION, PENALIZATION OR DISCRIMINATION AGAINST AN EMPLOYEE
   56  FOR REPORTING A VIOLATION OF A PROVISION OF THIS CHAPTER OF AN ORDER  OR
       S. 2607--D                         96                         A. 3007--D

    1  REGULATION  ADOPTED  UNDER THE AUTHORITY OF THIS CHAPTER, INCLUDING, BUT
    2  NOT LIMITED TO, THOSE GOVERNING SAFE AND ADEQUATE SERVICE, PROTECTION OF
    3  HUMAN SAFETY OR PREVENTION  OF  SIGNIFICANT  DAMAGE  TO  REAL  PROPERTY,
    4  INCLUDING,  BUT  NOT  LIMITED  TO,  THE COMMISSION'S CODE OF GAS SAFETY.
    5  NOTHING IN THIS SUBDIVISION SHALL BE  DEEMED  TO  DIMINISH  THE  RIGHTS,
    6  PRIVILEGES  OR  REMEDIES  OF  ANY  EMPLOYEE UNDER ANY OTHER LAW OR REGU-
    7  LATION, INCLUDING BUT NOT LIMITED TO ARTICLE TWENTY-C OF THE  LABOR  LAW
    8  AND  SECTION  SEVENTY-FIVE-B  OF  THE  CIVIL  SERVICE  LAW, OR UNDER ANY
    9  COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT.
   10    S 3. Section 65 of the public service law is amended by adding two new
   11  subdivisions 14 and 15 to read as follows:
   12    14. IN CONJUNCTION WITH A MANAGEMENT AND OPERATIONS  AUDIT  UNDERTAKEN
   13  PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
   14  UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
   15  ING  BUT  NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT EMERGENCY RESPONSE
   16  PLANS AND RESTORATION, OF EACH ELECTRIC  CORPORATION  TO  PROVIDE  SAFE,
   17  ADEQUATE,  AND  RELIABLE  SERVICE.    UPON GOOD CAUSE SHOWN, AND AFTER A
   18  HEARING IN ACCORDANCE WITH THE COMMISSION'S RULES AND  REGULATIONS,  THE
   19  COMMISSION  MAY  DIRECT  SUCH  CORPORATION TO COMPLY WITH ADDITIONAL AND
   20  MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE
   21  COMMENCEMENT OF THE MANAGEMENT AND OPERATIONS AUDIT, AND MAY,  IN  ADDI-
   22  TION, ASSESS THE CONTINUED OPERATION OF SUCH CORPORATION AS THE PROVIDER
   23  OF  ELECTRIC SERVICE IN ITS SERVICE TERRITORY AND PROPOSE, AND ACT UPON,
   24  SUCH MEASURES AS ARE NECESSARY TO  ENSURE  SAFE  AND  ADEQUATE  SERVICE;
   25  PROVIDED,  HOWEVER,  THAT NOTHING IN THIS SUBDIVISION LIMITS THE COMMIS-
   26  SION'S AUTHORITY TO UNDERTAKE THE ACTIONS SET FORTH PURSUANT TO  SECTION
   27  TWENTY-FOUR, TWENTY-FIVE OR TWENTY-FIVE-A OF THIS CHAPTER.
   28    15.  THE  CHIEF EXECUTIVE OFFICER OF EACH COMBINATION GAS AND ELECTRIC
   29  CORPORATION SHALL CERTIFY TO THE COMMISSION ON OR BEFORE MARCH FIFTEENTH
   30  OF EACH YEAR THAT SUCH CORPORATION HAS INTERNAL CONTROLS,  POLICIES  AND
   31  PROCEDURES  DESIGNED  TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
   32  CHAPTER AND ANY RULES, REGULATIONS, ORDERS AND PROCEDURES ADOPTED THERE-
   33  TO, INCLUDING THE OBLIGATION THAT  SUCH  CORPORATION  PROVIDE  SAFE  AND
   34  ADEQUATE SERVICE.
   35    S  4.  Subdivisions 19 and 21 of section 66 of the public service law,
   36  subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
   37  ing paragraph of subdivision 19 as added by chapter 586 of the  laws  of
   38  1986 and subdivision 21 as added by chapter 718 of the laws of 1980, are
   39  amended and a new subdivision 1-a is added to read as follows:
   40    1-A. REVIEW THE ANNUAL CAPITAL EXPENDITURE OF EACH COMBINATION GAS AND
   41  ELECTRIC  CORPORATION AND MAY ORDER SUCH IMPROVEMENT IN THE MANUFACTURE,
   42  CONVEYING, TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN  THE  MANU-
   43  FACTURE,  TRANSMISSION  OR  SUPPLY  OF  ELECTRICITY,  OR  IN THE METHODS
   44  EMPLOYED  BY  SUCH  CORPORATION  AS  IN  THE  COMMISSION'S  JUDGMENT  IS
   45  ADEQUATE, JUST AND REASONABLE.
   46    19.  (A) The commission shall have power to provide for management and
   47  operations audits of gas corporations and  electric  corporations.  Such
   48  audits shall be performed at least once every five years for combination
   49  gas  and  electric [companies] CORPORATIONS, as well as for straight gas
   50  corporations having annual gross  revenues  in  excess  of  two  hundred
   51  million  dollars.    The  audit shall include, but not be limited to, an
   52  investigation of the company's construction program planning in relation
   53  to the needs of its customers for reliable service [and], an  evaluation
   54  of  the  efficiency  of  the  company's operations, RECOMMENDATIONS WITH
   55  RESPECT TO SAME, AND THE TIMING WITH RESPECT TO  THE  IMPLEMENTATION  OF
       S. 2607--D                         97                         A. 3007--D

    1  SUCH RECOMMENDATIONS.  The commission shall have discretion to have such
    2  audits performed by its staff, or by independent auditors.
    3    In  every  case  in  which  the  commission  chooses to have the audit
    4  provided for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN  OF
    5  SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
    6  shall  have authority to select the auditors, and to require the company
    7  being audited to enter into a contract with the auditors  providing  for
    8  their  payment  by the company. Such contract shall provide further that
    9  the auditors shall work for and under the direction  of  the  commission
   10  according  to  such  terms as the commission may determine are necessary
   11  and reasonable[.
   12    The commission shall have authority to direct the company to implement
   13  any recommendations resulting from such  audits  that  it  finds  to  be
   14  necessary and reasonable].
   15    (B)  EACH CORPORATION SUBJECT TO AN AUDIT UNDER THIS SUBDIVISION SHALL
   16  FILE A REPORT WITH THE COMMISSION WITHIN THIRTY DAYS AFTER  ISSUANCE  OF
   17  SUCH  AUDIT  DETAILING ITS PLAN TO IMPLEMENT THE RECOMMENDATIONS MADE IN
   18  THE AUDIT. AFTER REVIEW OF SUCH PLAN, THE COMMISSION  MAY  REQUIRE  EACH
   19  COMBINED  ELECTRIC  AND  GAS  CORPORATION AMEND ITS PLAN IN A PARTICULAR
   20  MANNER. SUCH PLAN SHALL THEREAFTER BECOME ENFORCEABLE UPON  APPROVAL  BY
   21  THE COMMISSION. THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING
   22  TO EXAMINE ANY SUCH CORPORATION'S COMPLIANCE WITH THE RECOMMENDATIONS OF
   23  SUCH AUDIT.
   24    (C)  Upon the application of a gas or electric corporation for a major
   25  change in rates as defined in subdivision twelve of  this  section,  the
   26  commission   shall   review   that  corporation's  compliance  with  the
   27  directions and recommendations made previously by the commission,  as  a
   28  result  of  the most recently completed management and operations audit.
   29  The commission shall incorporate the findings  of  such  review  in  its
   30  opinion  or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE COMMIS-
   31  SION.
   32    21. [The commission shall require every electric corporation to submit
   33  storm plans to the commission for review and approval at such times  and
   34  in  such  detail  and  form  as  the commission shall require, provided,
   35  however, that the same shall be filed at least annually.] (A) EACH ELEC-
   36  TRIC CORPORATION SUBJECT TO SECTION TWENTY-FIVE-A OF THIS CHAPTER  SHALL
   37  ANNUALLY,  ON  OR BEFORE DECEMBER FIFTEENTH, SUBMIT TO THE COMMISSION AN
   38  EMERGENCY RESPONSE PLAN FOR REVIEW AND APPROVAL. THE EMERGENCY  RESPONSE
   39  PLAN  SHALL BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION OF SERVICE
   40  IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR PURPOSES OF THIS SUBDIVI-
   41  SION AS AN EVENT WHERE WIDESPREAD OUTAGES HAVE OCCURRED IN  THE  SERVICE
   42  TERRITORY  OF  THE  COMPANY  DUE  TO  STORMS  OR OTHER CAUSES BEYOND THE
   43  CONTROL OF THE COMPANY. THE EMERGENCY RESPONSE PLAN SHALL  INCLUDE,  BUT
   44  NEED NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDENTIFICATION OF MANAGE-
   45  MENT  STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II)
   46  A COMMUNICATIONS SYSTEM WITH CUSTOMERS DURING AN EMERGENCY THAT  EXTENDS
   47  BEYOND  NORMAL BUSINESS HOURS AND BUSINESS CONDITIONS; (III) IDENTIFICA-
   48  TION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD  DOCUMENTED  THEIR  NEED
   49  FOR  ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS; (IV) IDENTIFICATION OF AND
   50  OUTREACH PLANS TO CUSTOMERS WHO HAD DOCUMENTED THEIR NEED FOR  ESSENTIAL
   51  ELECTRICITY TO PROVIDE CRITICAL TELECOMMUNICATIONS, CRITICAL TRANSPORTA-
   52  TION,  CRITICAL FUEL DISTRIBUTION SERVICES OR OTHER LARGE-LOAD CUSTOMERS
   53  IDENTIFIED BY THE COMMISSION; (V) DESIGNATION OF COMPANY STAFF TO COMMU-
   54  NICATE WITH LOCAL OFFICIALS AND APPROPRIATE  REGULATORY  AGENCIES;  (VI)
   55  PROVISIONS  REGARDING  HOW  THE  COMPANY  WILL  ASSURE THE SAFETY OF ITS
   56  EMPLOYEES AND CONTRACTORS; (VII) PROCEDURES FOR  DEPLOYING  COMPANY  AND
       S. 2607--D                         98                         A. 3007--D

    1  MUTUAL  AID  CREWS  TO  WORK  ASSIGNMENT AREAS; (VIII) IDENTIFICATION OF
    2  ADDITIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY;  (IX)  THE
    3  MEANS  OF OBTAINING ADDITIONAL SUPPLIES AND EQUIPMENT; (X) PROCEDURES TO
    4  PRACTICE  THE  EMERGENCY  RESPONSE PLAN; (XI) APPROPRIATE SAFETY PRECAU-
    5  TIONS REGARDING ELECTRICAL HAZARDS, INCLUDING PLANS TO  PROMPTLY  SECURE
    6  DOWNED  WIRES WITHIN THIRTY-SIX HOURS OF NOTIFICATION OF THE LOCATION OF
    7  SUCH DOWNED WIRES FROM A MUNICIPAL EMERGENCY OFFICIAL;  AND  (XII)  SUCH
    8  OTHER  ADDITIONAL  INFORMATION AS THE COMMISSION MAY REQUIRE.  EACH SUCH
    9  CORPORATION SHALL, ON AN ANNUAL  BASIS,  UNDERTAKE  DRILLS  IMPLEMENTING
   10  PROCEDURES  TO  PRACTICE  ITS EMERGENCY MANAGEMENT PLAN.  THE COMMISSION
   11  MAY ADOPT ADDITIONAL REQUIREMENTS CONSISTENT WITH ENSURING  THE  REASON-
   12  ABLY PROMPT RESTORATION OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
   13    (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
   14  COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
   15  SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
   16  MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT.    IF,
   17  AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
   18  IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
   19  REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
   20    (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
   21  THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
   22  MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
   23  GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
   24  PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
   25  ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
   26  RATION'S OUTAGES WERE MATERIALLY  LONGER  THAN  THEY  WOULD  HAVE  BEEN,
   27  BECAUSE  OF SUCH CORPORATION'S FAILURE TO REASONABLY IMPLEMENT ITS EMER-
   28  GENCY RESPONSE PLAN, THE COMMISSION MAY DENY THE RECOVERY OF ANY PART OF
   29  THE SERVICE RESTORATION COSTS CAUSED BY SUCH FAILURE, COMMENSURATE  WITH
   30  THE  DEGREE  AND  IMPACT  OF THE SERVICE OUTAGE; PROVIDED, HOWEVER, THAT
   31  NOTHING HEREIN LIMITS THE COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A
   32  PROCEEDING   PURSUANT   TO   SECTIONS   TWENTY-FOUR,   TWENTY-FIVE   AND
   33  TWENTY-FIVE-A OF THIS CHAPTER.
   34    (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
   35  TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY
   36  RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE  GREATEST  EXTENT  FEASIBLE
   37  THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY IN
   38  COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
   39    (E)  THE  FILING  OF EACH EMERGENCY RESPONSE PLAN REQUIRED UNDER PARA-
   40  GRAPH (A) OF THIS SUBDIVISION SHALL ALSO INCLUDE A COPY OF  ALL  WRITTEN
   41  MUTUAL ASSISTANCE AGREEMENTS AMONG UTILITIES.
   42    (F)  EACH ELECTRIC CORPORATION SHALL FILE WITH THE COUNTY EXECUTIVE OR
   43  THE CHIEF ELECTED OFFICIAL OF  A  COUNTY  FOR  EACH  COUNTY  WITHIN  ITS
   44  SERVICE  TERRITORY  THE  MOST  RECENT  APPROVED  COPY  OF  THE EMERGENCY
   45  RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE PURPOSES OF  AN
   46  ELECTRIC  CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPO-
   47  RATION SHALL FILE THE MOST RECENT APPROVED EMERGENCY RESPONSE PLAN  WITH
   48  THE EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
   49    (G)  THE  COMMISSION  SHALL  PROVIDE ACCESS TO SUCH EMERGENCY RESPONSE
   50  PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   51    S 5. Section 68 of the public service law, as amended by chapter 52 of
   52  the laws of 1940, is amended to read as follows:
   53    S 68. [Approval of incorporation and franchises; certificate]  CERTIF-
   54  ICATE  OF PUBLIC CONVENIENCE AND NECESSITY.  1. CERTIFICATE REQUIRED. No
   55  gas corporation or electric corporation shall begin  construction  of  a
   56  gas plant or electric plant without first having obtained the permission
       S. 2607--D                         99                         A. 3007--D

    1  and  approval  of the commission. No such corporation shall exercise any
    2  right or privilege under any franchise hereafter granted, or  under  any
    3  franchise  heretofore  granted but not heretofore actually exercised, or
    4  the  exercise of which shall have been suspended for more than one year,
    5  without first having obtained [the permission and approval of] A CERTIF-
    6  ICATE OF PUBLIC CONVENIENCE AND  NECESSITY  ISSUED  BY  the  commission.
    7  Before  such certificate shall be issued a certified copy of the charter
    8  of such corporation shall be filed in  the  office  of  the  commission,
    9  together with a verified statement of the president and secretary of the
   10  corporation,  showing  that  it has received the required consent of the
   11  proper municipal authorities. The commission shall have power  to  grant
   12  the permission and approval herein specified whenever it shall after due
   13  hearing  determine that such construction or such exercise of the right,
   14  privilege or franchise is [necessary or] convenient  AND  NECESSARY  for
   15  the public service. IN MAKING SUCH A DETERMINATION, THE COMMISSION SHALL
   16  CONSIDER  THE ECONOMIC FEASIBILITY OF THE CORPORATION, THE CORPORATION'S
   17  ABILITY TO FINANCE IMPROVEMENTS OF A GAS PLANT OR ELECTRIC PLANT, RENDER
   18  SAFE, ADEQUATE AND RELIABLE SERVICE, AND  PROVIDE  JUST  AND  REASONABLE
   19  RATES,  AND WHETHER ISSUANCE OF A CERTIFICATE IS IN THE PUBLIC INTEREST.
   20  Except as provided in article [fourteen-a]  FOURTEEN-A  of  the  general
   21  municipal  law,  no  municipality  shall build, maintain and operate for
   22  other than municipal purposes any works or systems for  the  manufacture
   23  and  supplying  of  gas  or  electricity for lighting purposes without a
   24  certificate of authority granted by the commission. If  the  certificate
   25  of  authority  is refused, no further proceedings shall be taken by such
   26  municipality before the commission, but a new application  may  be  made
   27  therefor after one year from the date of such refusal.
   28    2.  REVOCATION  OR  MODIFICATION  OF  CERTIFICATE.  THE COMMISSION MAY
   29  COMMENCE A PROCEEDING, CONDUCTED IN  ACCORDANCE  WITH  THE  COMMISSION'S
   30  RULES  AND  REGULATIONS, TO REVOKE OR MODIFY A COMBINED ELECTRIC AND GAS
   31  CORPORATION'S CERTIFICATE AS IT RELATES TO  SUCH  CORPORATION'S  SERVICE
   32  TERRITORY   OR  ANY  PORTION  THEREOF  BASED  ON  FINDINGS  OF  REPEATED
   33  VIOLATIONS OF THIS CHAPTER OR RULES OR REGULATIONS ADOPTED THERETO  THAT
   34  DEMONSTRATE  A  FAILURE  OF SUCH CORPORATION TO CONTINUE TO PROVIDE SAFE
   35  AND ADEQUATE SERVICE.   WHENEVER THE COMMISSION HAS  REASON  TO  BELIEVE
   36  THAT  SUCH  CORPORATION'S  CERTIFICATE  MAY  BE SUBJECT TO REVOCATION OR
   37  MODIFICATION, IT SHALL NOTIFY SUCH CORPORATION OF THE FACTS  AND  NATURE
   38  OF  EACH  ACT  OR FAILURE TO ACT ALLEGEDLY WARRANTING SUCH REVOCATION OR
   39  MODIFICATION, AND THE STATUTE, REGULATION OR ORDER  ALLEGEDLY  VIOLATED,
   40  AND OTHERWISE CONSIDER THE FOLLOWING FACTORS:
   41    (A)  THE  FACTORS  IDENTIFIED  IN  SUBDIVISION ONE OF THIS SECTION FOR
   42  ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY;
   43    (B) WHETHER ANOTHER PERSON, FIRM OR CORPORATION IS  QUALIFIED,  AVAIL-
   44  ABLE,  AND  PREPARED  TO PROVIDE ALTERNATIVE SERVICE THAT IS ADEQUATE TO
   45  SERVE THE PUBLIC CONVENIENCE AND NECESSITY, AND THAT THE  TRANSITION  TO
   46  SUCH  ALTERNATIVE PERSON, FIRM OR CORPORATION IS IN THE PUBLIC INTEREST;
   47  AND
   48    (C) UPON ANY OTHER STANDARDS AND PROCEDURES DEEMED  NECESSARY  BY  THE
   49  COMMISSION  TO  ENSURE  CONTINUITY OF SAFE AND ADEQUATE SERVICE, AND DUE
   50  PROCESS.
   51    S 6. Paragraphs a and b of subdivision 1 of section 765 of the general
   52  business law, as amended by chapter 685 of the laws of 1994, are amended
   53  to read as follows:
   54    a. Failure to comply with any provision of this article shall  subject
   55  an  excavator or an operator to a civil penalty of up to [one] TWO thou-
   56  sand FIVE HUNDRED dollars for the first violation and  up  to  an  addi-
       S. 2607--D                         100                        A. 3007--D

    1  tional  [seven]  TEN thousand [five hundred] dollars for each succeeding
    2  violation [which] THAT occurs [in connection with the  entire  self-same
    3  excavation or demolition activity] within a [two] TWELVE month period.
    4    b.  The  penalties  provided for by this article shall not apply to an
    5  excavator who damages an underground facility due to the failure of  the
    6  operator  to comply with any of the provisions of this article nor shall
    7  in such instance the excavator be liable for repairs  as  prescribed  in
    8  subdivision [five] FOUR of this section.
    9    S 7. This act shall take effect immediately.

   10                                   PART Y

   11    Section 1. Legislative intent. 1. Repowering existing power generation
   12  facilities  can produce significant benefits in terms of enhanced system
   13  reliability, electric market competitiveness, and emissions reductions.
   14    2. Retiring power plants that are not repowered may leave behind aban-
   15  doned or underutilized land that  would  negatively  affect  surrounding
   16  communities and impede economic development.
   17    3.  In  summary,  it  is in the public interest to develop clean power
   18  generation near energy demand to meet the needs of  ratepayers,  support
   19  local and state tax revenue stability, promote economic opportunity, and
   20  enhance the state's environment.
   21    S  2. This hereby acknowledges and codifies the Public Service Commis-
   22  sion Order Instituting Proceeding and Requiring Evaluation of Generation
   23  Repowering, as provided in Case 12-E-0577, regarding the examination  of
   24  repowering alternatives to transmission reinforcements.
   25    S 3. This act shall take effect immediately.

   26                                   PART Z

   27    Section  1.  Paragraph  (c)  of  subdivision 2 of section 591-a of the
   28  labor law, as added by chapter 413 of the laws of 2003,  is  amended  to
   29  read as follows:
   30    (c)  individuals  may receive the allowance described in paragraph (a)
   31  of this subdivision if such individuals:
   32    (i) are eligible to receive regular unemployment benefits or would  be
   33  eligible  to receive such benefits except for the requirements set forth
   34  in subparagraphs (i) and (ii) of paragraph (b) of this subdivision.  For
   35  purposes  of  this section, regular unemployment benefits means benefits
   36  payable under this article, including benefits payable to federal civil-
   37  ian employees and to ex-servicemen and servicewomen pursuant  to  5  USC
   38  Chapter  85,  AND BENEFITS AUTHORIZED TO BE USED FOR THE SELF-EMPLOYMENT
   39  ASSISTANCE PROGRAM PURSUANT TO THE FEDERAL-STATE  EXTENDED  UNEMPLOYMENT
   40  COMPENSATION  ACT  OF 1970 but excluding additional [and extended] bene-
   41  fits;
   42    (ii) are identified pursuant to a worker profiling system as  individ-
   43  uals likely to exhaust regular unemployment benefits;
   44    (iii)  are  participating  in  self-employment  assistance  activities
   45  approved by the department and by the department of economic development
   46  which include but need not be limited to entrepreneurial training, busi-
   47  ness counseling, and technical assistance, including  financing  assist-
   48  ance  for qualified individuals as appropriate, offered by entrepreneur-
   49  ship support centers established pursuant to section two hundred  twelve
   50  of  the  economic  development  law,  state university of New York small
   51  business development centers, programs offered by community-based organ-
   52  izations, local development  corporations,  and  boards  of  cooperative
       S. 2607--D                         101                        A. 3007--D

    1  educational  services  (BOCES)  as  established  pursuant to section one
    2  thousand nine hundred fifty of the education law; AND, UNLESS  OTHERWISE
    3  REQUIRED BY FEDERAL LAW OR REGULATION, NO INDIVIDUAL SHALL BE PROHIBITED
    4  FROM OR DISQUALIFIED FROM ELIGIBILITY FOR THE PROGRAM IF PRIOR TO APPLY-
    5  ING  FOR  THE PROGRAM, AN INDIVIDUAL HAS PRINTED BUSINESS CARDS OR HAS A
    6  WEBSITE THAT IS DESIGNED BUT NOT ACTIVE, AND NEITHER ARE BEING  USED  TO
    7  SOLICIT OR CONDUCT BUSINESS;
    8    (iv)  are  actively  engaged on a full-time basis in activities, which
    9  may include training, relating to the establishment of  a  business  and
   10  becoming self-employed;
   11    (v)  are  not individuals who have previously participated in self-em-
   12  ployment assistance programs pursuant to this section; and
   13    S 2. Section 10 of chapter 413 of the laws of 2003 amending the  labor
   14  law  relating  to  the  self-employment  assistance  program  and  other
   15  matters, as amended by chapter 134 of the laws of 2011,  is  amended  to
   16  read as follows:
   17    S 10.  This act shall take effect immediately; provided, however, that
   18  sections eight and nine of this act shall expire December 7, [2013] 2015
   19  when  upon  such  date  the  provisions of such sections shall be deemed
   20  repealed.
   21    S 3. Paragraph (d) of subdivision 2 of section 601 of the  labor  law,
   22  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
   23  follows:
   24    (d) has satisfied the conditions of this article, required to render a
   25  claimant eligible for regular benefits, which are applicable to extended
   26  benefits, including not being subject to a disqualification  or  suspen-
   27  sion, OR HAS SATISFIED THE CONDITIONS OF THIS ARTICLE REQUIRED TO RENDER
   28  A  CLAIMANT  ELIGIBLE  TO  PARTICIPATE IN THE SELF-EMPLOYMENT ASSISTANCE
   29  PROGRAM PURSUANT TO SECTION FIVE HUNDRED NINETY-ONE-A OF THIS TITLE  AND
   30  THE FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970;
   31    S  4.  This act shall take effect immediately; provided, however, that
   32  the amendments to section 591-a of the labor law made by section one  of
   33  this act shall not affect the repeal of such section and shall be deemed
   34  repealed therewith.

   35                                   PART AA

   36    Section  1.  Section 9 of chapter 420 of the laws of 2002 amending the
   37  education law relating to the profession of social work, as  amended  by
   38  chapter 132 of the laws of 2010, is amended to read as follows:
   39    S 9. a.  Nothing in this act shall prohibit or limit the activities or
   40  services on the part of any person in the employ of a program or service
   41  operated,  regulated,  funded,  or  approved by the department of mental
   42  hygiene, the office of children  and  family  services,  THE  OFFICE  OF
   43  TEMPORARY  AND  DISABILITY  ASSISTANCE,  the department of [correctional
   44  services] CORRECTIONS AND COMMUNITY SUPERVISION, the  state  office  for
   45  the  aging,  the  department  of health, or a local governmental unit as
   46  that term is defined in article 41 of the mental hygiene law or a social
   47  services district as defined in section 61 of the social  services  law,
   48  provided, however, this section shall not authorize the use of any title
   49  authorized  pursuant  to  article  154 of the education law, except that
   50  this section shall  be  deemed  repealed  on  July  1,  [2013  provided,
   51  further,  however,  that on or before October 1, 2010, each state agency
   52  identified in this subdivision  shall  submit  to  the  commissioner  of
   53  education data, in such form and detail as requested by the commissioner
   54  of education, concerning the functions performed by its service provider
       S. 2607--D                         102                        A. 3007--D

    1  workforce  and  the service provider workforce of the local governmental
    2  units and social services districts as defined in this subdivision  over
    3  which  the  agency has regulatory authority. After receipt of such data,
    4  the  commissioner  shall  convene a workgroup of such state agencies for
    5  the purpose of reviewing such data  and  also  to  make  recommendations
    6  regarding  amendments  to  law,  rule or regulation necessary to clarify
    7  which tasks and activities must be performed only by licensed or  other-
    8  wise  authorized personnel. No later than January 1, 2011, after consul-
    9  tation with such work group, the commissioner shall develop criteria for
   10  the report required pursuant to subdivision b of this section and  shall
   11  work with such state agencies by providing advice and guidance regarding
   12  which  tasks and activities must be performed only by licensed or other-
   13  wise authorized personnel.
   14    b. On or before July 1, 2011, each such state agency, after  consulta-
   15  tion  with  local  governmental  units  and social services districts as
   16  defined in subdivision a of this section over which the agency has regu-
   17  latory authority, shall submit to the commissioner of education a report
   18  on the utilization of  personnel  subject  to  the  provisions  of  this
   19  section. Such report shall include but not be limited to: identification
   20  of tasks and activities performed by such personnel categorized as tasks
   21  and  functions  restricted to licensed personnel and tasks and functions
   22  that do not require a license under article 154 of  the  education  law;
   23  analysis  of costs associated with employing only appropriately licensed
   24  or otherwise authorized personnel to perform tasks  and  functions  that
   25  require  licensure  under  such  article 154, including salary costs and
   26  costs associated with  providing  support  to  unlicensed  personnel  in
   27  obtaining  appropriate  licensure.  Such  report  shall  also include an
   28  action plan detailing measures through which each such entity shall,  no
   29  later  than July 1, 2013, comply with professional licensure laws appli-
   30  cable to services provided and make recommendations on alternative path-
   31  ways toward licensure.
   32    c.  The commissioner of education shall, after receipt of  the  report
   33  required under this section, and after consultation with state agencies,
   34  not-for-profit  providers,  professional  associations,  consumers,  and
   35  other key stakeholders, submit a report to the governor, the speaker  of
   36  the  assembly,  the temporary president of the senate, and the chairs of
   37  the senate and assembly higher education committees by July 1,  2012  to
   38  recommend  any  amendments to law, rule or regulation necessary to fully
   39  implement the requirements for licensure by July 1, 2013.   Other  state
   40  agency  commissioners shall be provided an opportunity to include state-
   41  ments or alternative recommendations in such report] 2016.
   42    B. ON OR BEFORE SEPTEMBER 1, 2014, EACH  STATE  AGENCY  IDENTIFIED  IN
   43  SUBDIVISION  A  OF  THIS  SECTION  THAT OPERATES, REGULATES, APPROVES OR
   44  FUNDS PROGRAMS THAT EMPLOY INDIVIDUALS TO PROVIDE  SERVICES  THAT  WOULD
   45  OTHERWISE  BE  RESTRICTED  TO  INDIVIDUALS  LICENSED OR AUTHORIZED UNDER
   46  ARTICLE 153, 154 OR 163 OF  THE  EDUCATION  LAW,  SHALL  SUBMIT  TO  THE
   47  COMMISSIONER  OF EDUCATION, IN SUCH FORM AND DETAIL AS REQUESTED BY SUCH
   48  COMMISSIONER, DATA IN RELATION TO:  THE NUMBER OF  INDIVIDUALS  EMPLOYED
   49  IN EXEMPT PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE
   50  AGENCY  ON  JULY 1, 2013 WHO ARE PROVIDING SERVICES THAT WOULD OTHERWISE
   51  BE RESTRICTED TO THOSE LICENSED OR AUTHORIZED UNDER ARTICLE 153, 154  OR
   52  163  OF  THE EDUCATION LAW; THE OCCUPATIONAL TITLE OF INDIVIDUALS WHO ON
   53  JULY 1, 2014 ARE NOT LICENSED OR OTHERWISE AUTHORIZED UNDER  TITLE  VIII
   54  OF  THE  EDUCATION LAW, AND WHO ARE ENGAGED IN: THE DIAGNOSIS OF MENTAL,
   55  EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISORDERS  AND  DISA-
   56  BILITIES;  PATIENT ASSESSMENT AND EVALUATION; THE PROVISION OF PSYCHOTH-
       S. 2607--D                         103                        A. 3007--D

    1  ERAPEUTIC TREATMENT; THE PROVISION OF TREATMENT OTHER THAN  PSYCHOTHERA-
    2  PEUTIC   TREATMENT   AND/OR   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF
    3  ASSESSMENT-BASED TREATMENT PLANS, AS DEFINED  IN  SECTION  7701  OF  THE
    4  EDUCATION  LAW  OR  AS  AUTHORIZED  IN  ARTICLES 153, 154 AND 163 OF THE
    5  EDUCATION LAW.  FOR PURPOSES OF THIS SECTION, THIS REPORTING  SHALL  NOT
    6  INCLUDE INDIVIDUALS THAT ARE PERFORMING TASKS THAT DO NOT REQUIRE LICEN-
    7  SURE  AS  IDENTIFIED IN SUBDIVISION 10 OF SECTION 7605, SUBDIVISION 7 OF
    8  SECTION 7706, AND SUBDIVISION 8 OF SECTION 8410 OF THE EDUCATION LAW.
    9    C. THE COMMISSIONER OF EDUCATION, AFTER RECEIPT OF THIS  DATA  AND  IN
   10  CONSULTATION WITH THE AFFECTED STATE AGENCIES, NOT-FOR-PROFIT PROVIDERS,
   11  PROFESSIONAL  ASSOCIATIONS,  CONSUMERS AND OTHER KEY STAKEHOLDERS, SHALL
   12  PREPARE A REPORT THAT RECOMMENDS CHANGES IN ANY  LAWS,  RULES  OR  REGU-
   13  LATIONS NECESSARY TO ENSURE APPROPRIATE LICENSURE OR OTHER AUTHORIZATION
   14  OF  INDIVIDUALS  PROVIDING SERVICES THAT ARE WITHIN THE RESTRICTED PRAC-
   15  TICE OF PROFESSIONS LICENSED OR OTHERWISE AUTHORIZED UNDER ARTICLE  153,
   16  154 OR 163 OF THE EDUCATION LAW. THE REPORT SHALL INCLUDE AN ESTIMATE OF
   17  THE  FISCAL  IMPACT  OF  ANY SUCH RECOMMENDED CHANGES AND, TO THE EXTENT
   18  PRACTICABLE, HOW SUCH RECOMMENDATIONS WILL RESULT IN IMPROVED  OUTCOMES.
   19  THE  COMMISSIONER  OF EDUCATION SHALL SUBMIT THE REPORT TO THE GOVERNOR,
   20  THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,  AND
   21  THE  CHAIRS  OF  THE  SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES BY
   22  JANUARY 1, 2015. OTHER STATE AGENCY COMMISSIONERS SHALL BE  PROVIDED  AN
   23  OPPORTUNITY TO INCLUDE STATEMENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH
   24  REPORT.
   25    S  2.  Section  17-a  of  chapter 676 of the laws of 2002 amending the
   26  education law relating to the practice  of  psychology,  as  amended  by
   27  chapter 130 of the laws of 2010, subdivision b as amended by chapter 132
   28  of the laws of 2010, is amended to read as follows:
   29    S  17-a.    a.  In  relation to activities and services provided under
   30  article 153 of the education law, nothing in this act shall prohibit  or
   31  limit  such  activities  or  services  on  the part of any person in the
   32  employ of a program or service operated, regulated, funded, or  approved
   33  by the department of mental hygiene or the office of children and family
   34  services,  or a local governmental unit as that term is defined in arti-
   35  cle 41 of the mental hygiene  law  or  a  social  services  district  as
   36  defined in section 61 of the social services law.  In relation to activ-
   37  ities  and  services  provided  under  article 163 of the education law,
   38  nothing in this act shall prohibit or limit such activities or  services
   39  on  the  part  of any person in the employ of a program or service oper-
   40  ated, regulated,  funded,  or  approved  by  the  department  of  mental
   41  hygiene,  the  office of children and family services, the department of
   42  [correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  THE
   43  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE, the state office for the
   44  aging and the department of health or a local governmental unit as  that
   45  term  is  defined  in  article  41 of the mental hygiene law or a social
   46  services district as defined in section 61 of the social  services  law,
   47  pursuant  to  authority granted by law. This section shall not authorize
   48  the use of any title authorized pursuant to article 153 or  163  of  the
   49  education  law by any such employed person, except as otherwise provided
   50  by such articles respectively.  THIS SECTION SHALL  BE  DEEMED  REPEALED
   51  JULY 1, 2016.
   52    [b.  This  section  shall  be  deemed  repealed July 1, 2013 provided,
   53  however, that on or before October 1, 2010, each state agency identified
   54  in subdivision a of this section shall submit  to  the  commissioner  of
   55  education data, in such form and detail as requested by the commissioner
   56  of education, concerning the functions performed by its service provider
       S. 2607--D                         104                        A. 3007--D

    1  workforce  and  the service provider workforce of the local governmental
    2  units and social services districts as defined in subdivision a of  this
    3  section over which the agency has regulatory authority. After receipt of
    4  such  data,  the  commissioner  shall  convene a workgroup of such state
    5  agencies for the purpose of reviewing such data and also to make  recom-
    6  mendations  regarding amendments to law, rule or regulation necessary to
    7  clarify which tasks and activities must be performed only by licensed or
    8  otherwise authorized personnel. No later than  January  1,  2011,  after
    9  consultation  with such workgroup, the commissioner shall develop crite-
   10  ria for the report required pursuant to paragraph one of  this  subdivi-
   11  sion  and  shall  work  with such state agencies by providing advice and
   12  guidance regarding which tasks and activities must be performed only  by
   13  licensed or otherwise authorized personnel.
   14    1.  On or before July 1, 2011, each such state agency, after consulta-
   15  tion with local governmental units  and  social  services  districts  as
   16  defined in subdivision a of this section over which the agency has regu-
   17  latory authority, shall submit to the commissioner of education a report
   18  on  the  utilization  of  personnel  subject  to  the provisions of this
   19  section. Such report shall include but not be limited to: identification
   20  of tasks and activities performed by such personnel categorized as tasks
   21  and functions restricted to licensed personnel and tasks  and  functions
   22  that  do not require a license under article 153 or 163 of the education
   23  law; analysis of costs  associated  with  employing  only  appropriately
   24  licensed  or  otherwise  authorized personnel to perform tasks and func-
   25  tions that require licensure under such article 153  or  163,  including
   26  salary  costs  and costs associated with providing support to unlicensed
   27  personnel in obtaining appropriate licensure.  Such  report  shall  also
   28  include an action plan detailing measures through which each such entity
   29  shall,  no  later  than July 1, 2013, comply with professional licensure
   30  laws applicable to services provided and make recommendations on  alter-
   31  native pathways toward licensure.
   32    2.   The commissioner of education shall, after receipt of the reports
   33  required under this section, and after consultation with state agencies,
   34  not-for-profit  providers,  professional  associations,  consumers,  and
   35  other  key stakeholders, submit a report to the governor, the speaker of
   36  the assembly, the temporary president of the senate, and the  chairs  of
   37  the  senate  and assembly higher education committees by July 1, 2012 to
   38  recommend any amendments to law, rule or regulation necessary  to  fully
   39  implement  the  requirements for licensure by July 1, 2013.  Other state
   40  agency commissioners shall be provided an opportunity to include  state-
   41  ments or alternative recommendations in such report.]
   42    B.  ON  OR  BEFORE  SEPTEMBER 1, 2014, EACH STATE AGENCY IDENTIFIED IN
   43  SUBDIVISION A OF THIS SECTION  THAT  OPERATES,  REGULATES,  APPROVES  OR
   44  FUNDS  PROGRAMS  THAT  EMPLOY INDIVIDUALS TO PROVIDE SERVICES THAT WOULD
   45  OTHERWISE BE RESTRICTED TO  INDIVIDUALS  LICENSED  OR  AUTHORIZED  UNDER
   46  ARTICLE  153,  154  OR  163  OF  THE  EDUCATION LAW, SHALL SUBMIT TO THE
   47  COMMISSIONER OF EDUCATION, IN SUCH FORM AND DETAIL AS REQUESTED BY  SUCH
   48  COMMISSIONER,  DATA  IN RELATION TO:  THE NUMBER OF INDIVIDUALS EMPLOYED
   49  IN EXEMPT PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE
   50  AGENCY ON JULY 1, 2013 WHO ARE PROVIDING SERVICES THAT  WOULD  OTHERWISE
   51  BE  RESTRICTED TO THOSE LICENSED OR AUTHORIZED UNDER ARTICLE 153, 154 OR
   52  163 OF THE EDUCATION LAW; THE OCCUPATIONAL TITLE OF INDIVIDUALS  WHO  ON
   53  JULY  1,  2014 ARE NOT LICENSED OR OTHERWISE AUTHORIZED UNDER TITLE VIII
   54  OF THE EDUCATION LAW, AND WHO ARE ENGAGED IN: THE DIAGNOSIS  OF  MENTAL,
   55  EMOTIONAL,  BEHAVIORAL,  ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISA-
   56  BILITIES; PATIENT ASSESSMENT AND EVALUATION; THE PROVISION OF  PSYCHOTH-
       S. 2607--D                         105                        A. 3007--D

    1  ERAPEUTIC  TREATMENT; THE PROVISION OF TREATMENT OTHER THAN PSYCHOTHERA-
    2  PEUTIC  TREATMENT  AND/OR  THE   DEVELOPMENT   AND   IMPLEMENTATION   OF
    3  ASSESSMENT-BASED  TREATMENT  PLANS,  AS  DEFINED  IN SECTION 7701 OF THE
    4  EDUCATION  LAW  OR  AS  AUTHORIZED  IN  ARTICLES 153, 154 AND 163 OF THE
    5  EDUCATION LAW.  FOR PURPOSES OF THIS SECTION, THIS REPORTING  SHALL  NOT
    6  INCLUDE INDIVIDUALS THAT ARE PERFORMING TASKS THAT DO NOT REQUIRE LICEN-
    7  SURE  AS  IDENTIFIED IN SUBDIVISION 10 OF SECTION 7605, SUBDIVISION 7 OF
    8  SECTION 7706, AND SUBDIVISION 8 OF SECTION 8410 OF THE EDUCATION LAW.
    9    C. THE COMMISSIONER OF EDUCATION, AFTER RECEIPT OF THIS  DATA  AND  IN
   10  CONSULTATION WITH THE AFFECTED STATE AGENCIES, NOT-FOR-PROFIT PROVIDERS,
   11  PROFESSIONAL  ASSOCIATIONS,  CONSUMERS AND OTHER KEY STAKEHOLDERS, SHALL
   12  PREPARE A REPORT THAT RECOMMENDS CHANGES IN ANY  LAWS,  RULES  OR  REGU-
   13  LATIONS NECESSARY TO ENSURE APPROPRIATE LICENSURE OR OTHER AUTHORIZATION
   14  OF  INDIVIDUALS  PROVIDING SERVICES THAT ARE WITHIN THE RESTRICTED PRAC-
   15  TICE OF PROFESSIONS LICENSED OR OTHERWISE AUTHORIZED UNDER ARTICLE  153,
   16  154  OR  163  OF  THE EDUCATION LAW. THE COMMISSIONER OF EDUCATION SHALL
   17  SUBMIT THE REPORT TO THE GOVERNOR, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
   18  TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND THE CHAIRS OF THE SENATE AND
   19  ASSEMBLY HIGHER EDUCATION COMMITTEES BY JANUARY  1,  2015.  OTHER  STATE
   20  AGENCY  COMMISSIONERS SHALL BE PROVIDED AN OPPORTUNITY TO INCLUDE STATE-
   21  MENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH REPORT.
   22    S 3. Section 16 of chapter 130 of the laws of 2010 amending the educa-
   23  tion law and other laws relating to the registration of entities provid-
   24  ing  certain  professional  services  and  the  licensure   of   certain
   25  professions,  as  amended by chapter 132 of the laws of 2010, is amended
   26  to read as follows:
   27    S 16. This act shall take effect immediately; provided  that  sections
   28  thirteen, fourteen and fifteen of this act shall take effect immediately
   29  and  shall  be deemed to have been in full force and effect on and after
   30  June 1, 2010 and such sections shall be deemed repealed July  1,  [2013]
   31  2016;  provided  further that the amendments to section 9 of chapter 420
   32  of the laws of 2002 amending the education law relating to  the  profes-
   33  sion of social work made by section thirteen of this act shall repeal on
   34  the  same date as such section repeals; provided further that the amend-
   35  ments to section 17-a of chapter 676 of the laws of  2002  amending  the
   36  education  law  relating  to  the practice of psychology made by section
   37  fourteen of this act shall repeal on  the  same  date  as  such  section
   38  repeals.
   39    S  4.  Section  7605  of  the education law is amended by adding a new
   40  subdivision 10 to read as follows:
   41    10. A PERSON WITHOUT A LICENSE FROM  PERFORMING  ASSESSMENTS  SUCH  AS
   42  BASIC   INFORMATION  COLLECTION,  GATHERING  OF  DEMOGRAPHIC  DATA,  AND
   43  INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
   44  ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
   45  INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED FOR SERVICES UNRELATED TO
   46  A BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT PLAN.  SUCH  LICENSURE  SHALL
   47  NOT BE REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED
   48  TO  A  BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE PLANS
   49  SHALL INCLUDE, BUT ARE NOT LIMITED TO, JOB TRAINING  AND  EMPLOYABILITY,
   50  HOUSING,  GENERAL  PUBLIC  ASSISTANCE,  IN HOME SERVICES AND SUPPORTS OR
   51  HOME-DELIVERED MEALS, INVESTIGATIONS CONDUCTED OR  ASSESSMENTS  MADE  BY
   52  ADULT  OR  CHILD  PROTECTIVE SERVICES, ADOPTION HOME STUDIES AND ASSESS-
   53  MENTS, FAMILY SERVICE PLANS, TRANSITION PLANS  AND  PERMANENCY  PLANNING
   54  ACTIVITIES,  DE-ESCALATION  TECHNIQUES,  PEER SERVICES OR SKILL DEVELOP-
   55  MENT.  A LICENSE UNDER THIS ARTICLE SHALL NOT BE REQUIRED FOR PERSONS TO
   56  PARTICIPATE AS A MEMBER OF A  MULTI-DISCIPLINARY  TEAM  TO  IMPLEMENT  A
       S. 2607--D                         106                        A. 3007--D

    1  BEHAVIORAL  HEALTH  SERVICES  OR  TREATMENT PLAN; PROVIDED HOWEVER, THAT
    2  SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS  LICENSED  UNDER  THIS
    3  ARTICLE  OR  ARTICLES  ONE HUNDRED THIRTY-ONE, ONE HUNDRED FIFTY-FOUR OR
    4  ONE HUNDRED SIXTY-THREE OF THIS CHAPTER; AND PROVIDED, FURTHER, THAT THE
    5  ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
    6  SCOPE  OF  PRACTICE  FOR  EACH  TEAM MEMBER LICENSED OR AUTHORIZED UNDER
    7  TITLE VIII OF THIS CHAPTER, AND THOSE WHO ARE NOT SO AUTHORIZED MAY  NOT
    8  ENGAGE  IN  THE FOLLOWING RESTRICTED PRACTICES: THE DIAGNOSIS OF MENTAL,
    9  EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISORDERS  AND  DISA-
   10  BILITIES;  PATIENT ASSESSMENT AND EVALUATING; THE PROVISION OF PSYCHOTH-
   11  ERAPEUTIC TREATMENT; THE PROVISION OF TREATMENT OTHER THAN  PSYCHOTHERA-
   12  PEUTIC   TREATMENT;   AND/OR   THE  DEVELOPMENT  AND  IMPLEMENTATION  OF
   13  ASSESSMENT-BASED TREATMENT PLANS AS  DEFINED  IN  SECTION  SEVENTY-SEVEN
   14  HUNDRED  ONE  OF  THIS  CHAPTER. PROVIDED, FURTHER, THAT NOTHING IN THIS
   15  SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR
   16  ACTIVITY OR FUNCTION BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNC-
   17  TION IS NOT LISTED IN THIS SUBDIVISION.
   18    S 5. Section 7706 of the education law is  amended  by  adding  a  new
   19  subdivision 7 to read as follows:
   20    7. PREVENT A PERSON WITHOUT A LICENSE FROM PERFORMING ASSESSMENTS SUCH
   21  AS  BASIC  INFORMATION  COLLECTION,  GATHERING  OF DEMOGRAPHIC DATA, AND
   22  INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
   23  ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
   24  INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED FOR SERVICES UNRELATED TO
   25  A BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT PLAN.  SUCH  LICENSURE  SHALL
   26  NOT BE REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED
   27  TO  A  BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH SERVICE PLANS
   28  SHALL INCLUDE, BUT ARE NOT LIMITED TO, JOB TRAINING  AND  EMPLOYABILITY,
   29  HOUSING,  GENERAL  PUBLIC  ASSISTANCE,  IN HOME SERVICES AND SUPPORTS OR
   30  HOME-DELIVERED MEALS, INVESTIGATIONS CONDUCTED OR  ASSESSMENTS  MADE  BY
   31  ADULT  OR  CHILD  PROTECTIVE SERVICES, ADOPTION HOME STUDIES AND ASSESS-
   32  MENTS, FAMILY SERVICE PLANS, TRANSITION PLANS  AND  PERMANENCY  PLANNING
   33  ACTIVITIES,  DE-ESCALATION  TECHNIQUES,  PEER SERVICES OR SKILL DEVELOP-
   34  MENT.  A LICENSE UNDER THIS ARTICLE SHALL NOT BE REQUIRED FOR PERSONS TO
   35  PARTICIPATE AS A MEMBER OF A  MULTI-DISCIPLINARY  TEAM  TO  IMPLEMENT  A
   36  BEHAVIORAL  HEALTH  SERVICES  OR  TREATMENT PLAN; PROVIDED HOWEVER, THAT
   37  SUCH TEAM SHALL INCLUDE ONE OR MORE PROFESSIONALS  LICENSED  UNDER  THIS
   38  ARTICLE  OR  ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED FIFTY-THREE OR
   39  ONE HUNDRED SIXTY-THREE OF THIS CHAPTER; AND PROVIDED, FURTHER, THAT THE
   40  ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
   41  SCOPE OF PRACTICE FOR EACH TEAM  MEMBER  LICENSED  OR  AUTHORIZED  UNDER
   42  TITLE  VIII OF THIS CHAPTER, AND THOSE WHO ARE NOT SO AUTHORIZED MAY NOT
   43  ENGAGE IN THE FOLLOWING RESTRICTED PRACTICES: THE DIAGNOSIS  OF  MENTAL,
   44  EMOTIONAL,  BEHAVIORAL,  ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISA-
   45  BILITIES; PATIENT ASSESSMENT AND EVALUATING; THE PROVISION OF  PSYCHOTH-
   46  ERAPEUTIC  TREATMENT; THE PROVISION OF TREATMENT OTHER THAN PSYCHOTHERA-
   47  PEUTIC  TREATMENT;  AND/OR  THE  DEVELOPMENT   AND   IMPLEMENTATION   OF
   48  ASSESSMENT-BASED  TREATMENT  PLANS  AS  DEFINED IN SECTION SEVENTY-SEVEN
   49  HUNDRED ONE OF THIS ARTICLE. PROVIDED, FURTHER,  THAT  NOTHING  IN  THIS
   50  SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR
   51  ACTIVITY OR FUNCTION BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNC-
   52  TION IS NOT LISTED IN THIS SUBDIVISION.
   53    S  6.  Section  8410  of  the education law is amended by adding a new
   54  subdivision 8 to read as follows:
   55    8. PREVENT A PERSON WITHOUT A LICENSE FROM PERFORMING ASSESSMENTS SUCH
   56  AS BASIC INFORMATION COLLECTION,  GATHERING  OF  DEMOGRAPHIC  DATA,  AND
       S. 2607--D                         107                        A. 3007--D

    1  INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
    2  ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
    3  INDIVIDUAL FOR THE PURPOSE OF DETERMINING NEED FOR SERVICES UNRELATED TO
    4  A  BEHAVIORAL  HEALTH  DIAGNOSIS OR TREATMENT PLAN. SUCH LICENSURE SHALL
    5  NOT BE REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED
    6  TO A BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT PLAN. SUCH  SERVICE  PLANS
    7  SHALL  INCLUDE,  BUT ARE NOT LIMITED TO, JOB TRAINING AND EMPLOYABILITY,
    8  HOUSING, GENERAL PUBLIC ASSISTANCE, IN HOME  SERVICES  AND  SUPPORTS  OR
    9  HOME-DELIVERED  MEALS,  INVESTIGATIONS  CONDUCTED OR ASSESSMENTS MADE BY
   10  ADULT OR CHILD PROTECTIVE SERVICES, ADOPTION HOME  STUDIES  AND  ASSESS-
   11  MENTS,  FAMILY  SERVICE  PLANS, TRANSITION PLANS AND PERMANENCY PLANNING
   12  ACTIVITIES, DE-ESCALATION TECHNIQUES, PEER SERVICES  OR  SKILL  DEVELOP-
   13  MENT.  A LICENSE UNDER THIS ARTICLE SHALL NOT BE REQUIRED FOR PERSONS TO
   14  PARTICIPATE  AS  A  MEMBER  OF  A MULTI-DISCIPLINARY TEAM TO IMPLEMENT A
   15  BEHAVIORAL HEALTH SERVICES OR TREATMENT  PLAN;  PROVIDED  HOWEVER,  THAT
   16  SUCH  TEAM  SHALL  INCLUDE ONE OR MORE PROFESSIONALS LICENSED UNDER THIS
   17  ARTICLE OR ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED  FIFTY-THREE  OR
   18  ONE  HUNDRED FIFTY-FOUR OF THIS CHAPTER; AND PROVIDED, FURTHER, THAT THE
   19  ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
   20  SCOPE OF PRACTICE FOR EACH TEAM  MEMBER  LICENSED  OR  AUTHORIZED  UNDER
   21  TITLE  VIII OF THIS CHAPTER, AND THOSE WHO ARE NOT SO AUTHORIZED MAY NOT
   22  ENGAGE IN THE FOLLOWING RESTRICTED PRACTICES: THE DIAGNOSIS  OF  MENTAL,
   23  EMOTIONAL,  BEHAVIORAL,  ADDICTIVE AND DEVELOPMENTAL DISORDERS AND DISA-
   24  BILITIES; PATIENT ASSESSMENT AND EVALUATING; THE PROVISION OF  PSYCHOTH-
   25  ERAPEUTIC  TREATMENT; THE PROVISION OF TREATMENT OTHER THAN PSYCHOTHERA-
   26  PEUTIC  TREATMENT;  AND/OR  THE  DEVELOPMENT   AND   IMPLEMENTATION   OF
   27  ASSESSMENT-BASED  TREATMENT  PLANS  AS  DEFINED IN SECTION SEVENTY-SEVEN
   28  HUNDRED ONE OF THIS CHAPTER. PROVIDED, FURTHER,  THAT  NOTHING  IN  THIS
   29  SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE FOR ANY PARTICULAR
   30  ACTIVITY OR FUNCTION BASED SOLELY ON THE FACT THAT THE ACTIVITY OR FUNC-
   31  TION IS NOT LISTED IN THIS SUBDIVISION.
   32    S  7.  This  act  shall take effect immediately and shall be deemed to
   33  have been in full force and effect on and after April 1, 2013; provided,
   34  however, that the provisions of this act shall apply only to actions and
   35  proceedings commenced on or after such effective date; provided that the
   36  amendments to section 9 of chapter 420 of the laws of 2002  and  section
   37  17-a  of chapter 676 of the laws of 2002 made by sections one and two of
   38  this act, respectively, shall not affect the repeal of such sections and
   39  shall expire and be deemed repealed therewith.

   40                                   PART BB

   41    Section 1. Legislative findings and intent. The legislature finds that
   42  local governments and school districts are facing increased stress  from
   43  rising  costs  including  employee  pension  obligations. Last year, the
   44  legislature took action to aid local governments and school districts in
   45  controlling future pension obligations by making changes to the  benefit
   46  structure  for  employees hired after April 1, 2012. Now the legislature
   47  finds that it is desirable  to  provide  local  governments  and  school
   48  districts  with  more  stability  and predictability for current pension
   49  obligations, while  simultaneously  ensuring  the  adequacy  of  pension
   50  system funding.
   51    It  is  the intent of the legislature to authorize the comptroller and
   52  the New York state  teachers'  retirement  system  board  to  establish,
   53  subject to their discretion, additional contribution options designed to
       S. 2607--D                         108                        A. 3007--D

    1  provide  stability  and  predictability  to  employers,  while  ensuring
    2  adequate pension system funding over the term of these options.
    3    S  2. Section 19-a of the retirement and social security law, as added
    4  by section 1 of part TT of chapter 57 of the laws of 2010, is amended to
    5  read as follows:
    6    S 19-a. Employer contributions for the two thousand ten - two thousand
    7  eleven fiscal year and subsequent fiscal years. a. In  addition  to  the
    8  definitions in section two of this article, when used in this section:
    9    (1)  "Amortizing employer" shall mean an employer that elects to amor-
   10  tize a portion of the employer's annual bill pursuant to  paragraph  one
   11  of subdivision d of this section for the two thousand ten - two thousand
   12  eleven  fiscal  year,  or  any  subsequent  fiscal year, PURSUANT TO THE
   13  SYSTEM GRADED CONTRIBUTION RATE regardless of whether the  employer  has
   14  subsequently  paid in full all such amortized amounts, AND THAT DOES NOT
   15  ELECT TO AMORTIZE AS AN ALTERNATIVE  AMORTIZING  EMPLOYER  FOR  THE  TWO
   16  THOUSAND THIRTEEN - TWO THOUSAND FOURTEEN FISCAL YEAR.
   17    (1-A)  "ALTERNATIVE  AMORTIZING  EMPLOYER"  SHALL MEAN A COUNTY, CITY,
   18  TOWN,  VILLAGE,  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
   19  SERVICES,  OR  PUBLIC BENEFIT CORPORATION THAT OPERATES A PUBLIC GENERAL
   20  HOSPITAL LOCATED IN THE COUNTY OF WESTCHESTER, THE COUNTY  OF  ERIE,  OR
   21  THE COUNTY OF NASSAU THAT, ON A FORM PREPARED BY THE COMPTROLLER, ELECTS
   22  TO AND DOES AMORTIZE A PORTION OF THE EMPLOYER'S ANNUAL BILL PURSUANT TO
   23  PARAGRAPH  ONE  OF  SUBDIVISION  D  OF THIS SECTION FOR THE TWO THOUSAND
   24  THIRTEEN - TWO THOUSAND FOURTEEN FISCAL YEAR PURSUANT TO THE ALTERNATIVE
   25  SYSTEM GRADED CONTRIBUTION RATE, REGARDLESS OF WHETHER THE EMPLOYER  HAS
   26  SUBSEQUENTLY PAID IN FULL ALL SUCH AMORTIZED AMOUNTS.
   27    (2)  "Amount  eligible for amortization" for a given fiscal year shall
   28  mean the amount by which an employer's actuarial contribution  for  such
   29  fiscal  year  exceeds  the  employer's  graded contribution for the same
   30  fiscal year, less any amount from the employer contribution reserve fund
   31  applied to reduce the employer's payment to the  retirement  system  for
   32  the fiscal year, provided, however, that if the employer's average actu-
   33  arial  contribution  rate for the fiscal year is less than nine and one-
   34  half percent, then the amount eligible for amortization shall be zero.
   35    (3) "Employer's actuarial contribution" for a given fiscal year  shall
   36  mean  an  employer's annual bill for such fiscal year exclusive of defi-
   37  ciency contributions and payments on account of group term  life  insur-
   38  ance,  adjustments  relating to prior fiscal years' obligations, retire-
   39  ment incentives and prior amortizations.
   40    (4) "Employer's annual bill" shall mean for a given  fiscal  year  the
   41  sum of the following amounts: (i) an employer's normal contributions for
   42  the  fiscal year determined in accordance with paragraph one of subdivi-
   43  sion b of section twenty-three of this  article  and  the  comprehensive
   44  structural  reform  program  implemented  pursuant  to  subdivision b of
   45  section twenty-three-a of this  article,  including  the  provisions  of
   46  subdivision  b of section twenty-three-a of this article relating to the
   47  required minimum annual contribution of four  and  one-half  percent  of
   48  pensionable  salaries;  (ii) the employer's deficiency contributions and
   49  administration contributions for the fiscal year determined  in  accord-
   50  ance  with  paragraphs two and three of subdivision b of section twenty-
   51  three of this article; and (iii) any payments by the employer due in the
   52  fiscal year on account of group term life insurance, adjustments  relat-
   53  ing  to prior fiscal years' obligations, retirement incentives and prior
   54  amortizations.
   55    (5) "Employer's average  actuarial  contribution  rate"  for  a  given
   56  fiscal  year  shall  mean  an employer's actuarial contribution for such
       S. 2607--D                         109                        A. 3007--D

    1  fiscal year divided by the employer's projected  payroll  for  the  same
    2  fiscal year.
    3    (6)  "Employer  contribution  reserve  fund"  or "fund" shall mean the
    4  employer contribution reserve fund established pursuant to subdivision e
    5  of this section.
    6    (7) "Employer's graded contribution" for a  given  fiscal  year  shall
    7  mean  the  amount  determined by applying the system graded contribution
    8  rate OR THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE for such  fiscal
    9  year to an employer's projected payroll for the same fiscal year.
   10    (8) "Employer's graded payment" for a given fiscal year shall mean the
   11  amount  by  which an employer's graded contribution for such fiscal year
   12  exceeds the employer's actuarial contribution for the same fiscal year.
   13    (9) "Prior amortization" shall mean with respect  to  a  given  fiscal
   14  year  any  payment  due  in such fiscal year on account of an obligation
   15  from a prior fiscal year that an employer is permitted  to  pay  to  the
   16  retirement system on an amortized basis.
   17    (10)  "System  average actuarial contribution rate" for a given fiscal
   18  year shall mean the sum of all employers'  actuarial  contributions  for
   19  such  fiscal year divided by the sum of all employers' projected payroll
   20  for the same fiscal year.
   21    (11) "System graded contribution rate" for a given fiscal  year  shall
   22  mean  the  graded contribution rate for the retirement system as a whole
   23  determined for such fiscal  year  pursuant  to  subdivision  c  of  this
   24  section.
   25    (12)  "ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE" FOR A GIVEN FISCAL
   26  YEAR SHALL MEAN THE GRADED CONTRIBUTION RATE FOR THE  RETIREMENT  SYSTEM
   27  AS  A  WHOLE DETERMINED FOR SUCH FISCAL YEAR PURSUANT TO SUBDIVISION C-1
   28  OF THIS SECTION.
   29    b. Notwithstanding the provisions of this chapter or any other law  to
   30  the  contrary,  the  comptroller,  in  his or her discretion, shall have
   31  authority to implement this section. If the comptroller elects to imple-
   32  ment this section, the provisions of this section  shall  apply  to  the
   33  payment  of  employer  contributions  for  the fiscal year commencing on
   34  April first, two thousand ten, and for subsequent fiscal years.  IF  THE
   35  COMPTROLLER,  WITHIN  HIS  OR  HER  DISCRETION,  ELECTS TO IMPLEMENT THE
   36  ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE AS PROVIDED  BY  SUBDIVISION
   37  C-1  OF THIS SECTION, THE PROVISIONS OF PARAGRAPH ONE-A OF SUBDIVISION D
   38  OF THIS SECTION SHALL APPLY TO THE PAYMENT OF EMPLOYER CONTRIBUTIONS FOR
   39  THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO  THOUSAND  THIRTEEN,  AND
   40  FOR SUBSEQUENT FISCAL YEARS.
   41    c. For each fiscal year to which the provisions of this section apply,
   42  the  comptroller  shall  determine  a  graded  contribution rate for the
   43  retirement system as a whole in the manner provided in this subdivision.
   44    (1) For the two thousand ten - two thousand  eleven  fiscal  year  the
   45  system graded contribution rate shall be nine and one-half percent.
   46    (2) For the two thousand eleven - two thousand twelve fiscal year, and
   47  subsequent  fiscal  years,  system  graded  contribution  rates shall be
   48  determined as follows:
   49    (i) if the system average actuarial  contribution  rate  for  a  given
   50  fiscal year is at least nine and one-half percent and exceeds the system
   51  graded  contribution  rate  for the immediately preceding fiscal year by
   52  more than one percentage point, then the system graded contribution rate
   53  for the given fiscal year shall equal  the  system  graded  contribution
   54  rate  for  the  immediately  preceding  fiscal  year plus one percentage
   55  point, provided, however, that in  no  event  shall  the  system  graded
   56  contribution rate be less than nine and one-half percent;
       S. 2607--D                         110                        A. 3007--D

    1    (ii)  if  the  system  average actuarial contribution rate for a given
    2  fiscal year is at least nine and one-half percent and either equals  the
    3  system  graded  contribution  rate  for the immediately preceding fiscal
    4  year or exceeds the system graded contribution rate for the  immediately
    5  preceding  fiscal  year by one percentage point or less, then the system
    6  graded contribution rate for the  given  fiscal  year  shall  equal  the
    7  system  average  actuarial  contribution  rate  for  such  fiscal  year,
    8  provided, however, that in no event shall the system graded contribution
    9  rate be less than nine and one-half percent;
   10    (iii) if the system average actuarial contribution rate  for  a  given
   11  fiscal  year is less than nine and one-half percent and greater than the
   12  system graded contribution rate for  the  immediately  preceding  fiscal
   13  year, then the system graded contribution rate for the given fiscal year
   14  shall equal the system actuarial contribution rate for such fiscal year;
   15    (iv)  if  the  system  average actuarial contribution rate for a given
   16  fiscal year is smaller than the system graded contribution rate for  the
   17  immediately  preceding  fiscal  year  by more than one percentage point,
   18  then the system graded contribution rate for the given fiscal year shall
   19  equal the system graded contribution rate for the immediately  preceding
   20  fiscal year minus one percentage point; and
   21    (v)  if  the  system  average  actuarial contribution rate for a given
   22  fiscal year either equals the system graded contribution  rate  for  the
   23  immediately  preceding  fiscal year or is smaller than the system graded
   24  contribution rate for the  immediately  preceding  fiscal  year  by  one
   25  percentage  point  or less, then the system graded contribution rate for
   26  the given fiscal year shall equal the system actuarial contribution rate
   27  for such fiscal year.
   28    C-1. FOR EACH FISCAL YEAR TO WHICH  THE  PROVISIONS  OF  THIS  SECTION
   29  APPLY,  THE  COMPTROLLER  SHALL  DETERMINE  AN ALTERNATIVE SYSTEM GRADED
   30  CONTRIBUTION RATE FOR THE RETIREMENT SYSTEM AS A  WHOLE  IN  THE  MANNER
   31  PROVIDED IN THIS SUBDIVISION.
   32    (1)  FOR THE TWO THOUSAND THIRTEEN - TWO THOUSAND FOURTEEN FISCAL YEAR
   33  AND THE TWO THOUSAND FOURTEEN - TWO THOUSAND FIFTEEN  FISCAL  YEAR,  THE
   34  ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE SHALL BE TWELVE PERCENT.
   35    (2)  FOR  THE  TWO THOUSAND FIFTEEN - TWO THOUSAND SIXTEEN FISCAL YEAR
   36  AND FOR SUBSEQUENT FISCAL YEARS, THE ALTERNATIVE SYSTEM GRADED  CONTRIB-
   37  UTION RATES SHALL BE DETERMINED AS FOLLOWS:
   38    (I)  IF  THE  SYSTEM  AVERAGE  ACTUARIAL CONTRIBUTION RATE FOR A GIVEN
   39  FISCAL YEAR IS AT LEAST NINE AND ONE-HALF PERCENT AND EXCEEDS THE ALTER-
   40  NATIVE SYSTEM GRADED CONTRIBUTION RATE  FOR  THE  IMMEDIATELY  PRECEDING
   41  FISCAL YEAR BY MORE THAN ONE-HALF PERCENTAGE POINT, THEN THE ALTERNATIVE
   42  SYSTEM  GRADED  CONTRIBUTION  RATE FOR THE GIVEN FISCAL YEAR SHALL EQUAL
   43  THE ALTERNATIVE SYSTEM GRADED  CONTRIBUTION  RATE  FOR  THE  IMMEDIATELY
   44  PRECEDING FISCAL YEAR PLUS ONE-HALF PERCENTAGE POINT, PROVIDED, HOWEVER,
   45  THAT  IN  NO EVENT SHALL THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE
   46  BE LESS THAN NINE AND ONE-HALF PERCENT;
   47    (II) IF THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION  RATE  FOR  A  GIVEN
   48  FISCAL  YEAR IS AT LEAST NINE AND ONE-HALF PERCENT AND EITHER EQUALS THE
   49  ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE FOR THE IMMEDIATELY  PRECED-
   50  ING  FISCAL  YEAR  OR EXCEEDS THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
   51  RATE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR  BY  ONE-HALF  PERCENTAGE
   52  POINT  OR LESS, THEN THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE FOR
   53  THE GIVEN FISCAL YEAR SHALL EQUAL THE SYSTEM AVERAGE ACTUARIAL  CONTRIB-
   54  UTION  RATE  FOR  SUCH  FISCAL YEAR, PROVIDED, HOWEVER, THAT IN NO EVENT
   55  SHALL THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE BE LESS THAN  NINE
   56  AND ONE-HALF PERCENT;
       S. 2607--D                         111                        A. 3007--D

    1    (III)  IF  THE  SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE FOR A GIVEN
    2  FISCAL YEAR IS LESS THAN NINE AND ONE-HALF PERCENT AND GREATER THAN  THE
    3  ALTERNATIVE  SYSTEM GRADED CONTRIBUTION RATE FOR THE IMMEDIATELY PRECED-
    4  ING FISCAL YEAR, THEN THE ALTERNATIVE SYSTEM  GRADED  CONTRIBUTION  RATE
    5  FOR  THE GIVEN FISCAL YEAR SHALL EQUAL THE SYSTEM ACTUARIAL CONTRIBUTION
    6  RATE FOR SUCH FISCAL YEAR;
    7    (IV) IF THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION  RATE  FOR  A  GIVEN
    8  FISCAL  YEAR  IS SMALLER THAN THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
    9  RATE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR  BY  MORE  THAN  ONE-HALF
   10  PERCENTAGE  POINT,  THEN THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE
   11  FOR THE GIVEN FISCAL YEAR SHALL  EQUAL  THE  ALTERNATIVE  SYSTEM  GRADED
   12  CONTRIBUTION  RATE  FOR  THE  IMMEDIATELY  PRECEDING  FISCAL  YEAR MINUS
   13  ONE-HALF PERCENTAGE POINT; AND
   14    (V) IF THE SYSTEM AVERAGE ACTUARIAL  CONTRIBUTION  RATE  FOR  A  GIVEN
   15  FISCAL  YEAR  EITHER  EQUALS  THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
   16  RATE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR OR IS  SMALLER  THAN  THE
   17  ALTERNATIVE  SYSTEM GRADED CONTRIBUTION RATE FOR THE IMMEDIATELY PRECED-
   18  ING FISCAL YEAR BY ONE-HALF PERCENTAGE POINT OR LESS, THEN THE  ALTERNA-
   19  TIVE  SYSTEM  GRADED  CONTRIBUTION  RATE FOR THE GIVEN FISCAL YEAR SHALL
   20  EQUAL THE SYSTEM ACTUARIAL CONTRIBUTION RATE FOR SUCH FISCAL YEAR.
   21    d. (1) For any given fiscal year for which an employer's average actu-
   22  arial contribution rate exceeds the system graded contribution rate, the
   23  employer shall pay to the retirement  system  an  amount  equal  to  the
   24  employer's  annual  bill  for such year or, in lieu of paying the entire
   25  annual bill, the employer may pay an  amount  equal  to  the  employer's
   26  annual  bill less all or a portion of the employer's amount eligible for
   27  amortization for the fiscal year. If in accordance with  this  paragraph
   28  the  employer's payment to the retirement system is less than the entire
   29  amount of the employer's annual bill, then the  difference  between  the
   30  employer's  annual bill, and the amount actually paid by the employer to
   31  the retirement system exclusive of any amount from the employer contrib-
   32  ution reserve fund applied to reduce the employer's  payment,  shall  be
   33  the  amount  amortized for the fiscal year. The amount amortized for the
   34  fiscal year shall be paid to  the  retirement  system  in  equal  annual
   35  installments over a ten-year period, with interest on the unpaid balance
   36  at a rate determined by the comptroller which approximates a market rate
   37  of  return on taxable fixed rate securities with similar terms issued by
   38  comparable issuers, and with the first installment due in the immediate-
   39  ly succeeding fiscal year.
   40    (1-A) FOR ANY GIVEN FISCAL YEAR FOR WHICH AN EMPLOYER'S AVERAGE  ACTU-
   41  ARIAL  CONTRIBUTION  RATE EXCEEDS THE ALTERNATIVE SYSTEM GRADED CONTRIB-
   42  UTION RATE, THE EMPLOYER SHALL PAY TO THE RETIREMENT  SYSTEM  AN  AMOUNT
   43  EQUAL  TO THE EMPLOYER'S ANNUAL BILL FOR SUCH YEAR OR, IN LIEU OF PAYING
   44  THE ENTIRE ANNUAL BILL, THE EMPLOYER MAY PAY  AN  AMOUNT  EQUAL  TO  THE
   45  EMPLOYER'S  ANNUAL  BILL  LESS ALL OR A PORTION OF THE EMPLOYER'S AMOUNT
   46  ELIGIBLE FOR AMORTIZATION FOR THE FISCAL YEAR.  IF  IN  ACCORDANCE  WITH
   47  THIS  PARAGRAPH  THE EMPLOYER'S PAYMENT TO THE RETIREMENT SYSTEM IS LESS
   48  THAN THE ENTIRE AMOUNT OF THE EMPLOYER'S ANNUAL BILL, THEN  THE  DIFFER-
   49  ENCE BETWEEN THE EMPLOYER'S ANNUAL BILL, AND THE AMOUNT ACTUALLY PAID BY
   50  THE  EMPLOYER  TO THE RETIREMENT SYSTEM EXCLUSIVE OF ANY AMOUNT FROM THE
   51  EMPLOYER CONTRIBUTION RESERVE FUND  APPLIED  TO  REDUCE  THE  EMPLOYER'S
   52  PAYMENT,  SHALL  BE THE AMOUNT AMORTIZED FOR THE FISCAL YEAR. THE AMOUNT
   53  AMORTIZED FOR THE FISCAL YEAR SHALL BE PAID TO THE RETIREMENT SYSTEM  IN
   54  EQUAL  ANNUAL  INSTALLMENTS  OVER A TWELVE YEAR PERIOD, WITH INTEREST ON
   55  THE UNPAID BALANCE AT A RATE DETERMINED BY THE COMPTROLLER  WHICH  SHALL
   56  BE  THE  TWELVE  YEAR  INTERPOLATED  RATE  BASED  ON  THE  MOST RECENTLY
       S. 2607--D                         112                        A. 3007--D

    1  PUBLISHED YIELD TO MATURITY OF A TEN YEAR AND TWENTY YEAR U.S.  TREASURY
    2  SECURITY PLUS ONE HUNDRED BASIS POINTS.
    3    (2) For any given fiscal year for which the system graded contribution
    4  rate  equals  or  exceeds  an  amortizing  employer's  average actuarial
    5  contribution rate, the amortizing employer shall pay to  the  retirement
    6  system  an amount equal to the employer's annual bill for such year plus
    7  the employer's graded payment for the fiscal year.
    8    (i) If the amortizing employer's annual bill for the fiscal year  does
    9  not  include  an  amount  attributable to a prior amortization, then the
   10  employer's graded payment shall be paid into the  employer  contribution
   11  reserve  fund provided for in subdivision e of this section and credited
   12  to an account within such fund established for the employer.
   13    (ii) If the amortizing employer's annual  bill  for  the  fiscal  year
   14  includes  an amount attributable to a prior amortization, the employer's
   15  graded payment shall be used  first  to  eliminate  the  amount  of  the
   16  employer's  unpaid  prior  amortization  balances in chronological order
   17  starting with the oldest prior amortization balance. When in any  fiscal
   18  year  the  employer's graded payment eliminates all balances owed on the
   19  employer's prior amortizations, any remaining portion of the  employer's
   20  graded  payment  for such fiscal year, and the employer's graded payment
   21  in any subsequent fiscal year in which the amortizing  employer  has  no
   22  unpaid prior amortizations, shall be paid into the employer contribution
   23  reserve  fund provided for in subdivision e of this section and credited
   24  to an account within such fund established for the employer.
   25    (2-A) FOR ANY GIVEN FISCAL YEAR FOR WHICH THE ALTERNATIVE SYSTEM GRAD-
   26  ED CONTRIBUTION RATE EQUALS OR EXCEEDS AN ALTERNATIVE AMORTIZING EMPLOY-
   27  ER'S AVERAGE ACTUARIAL CONTRIBUTION  RATE,  THE  ALTERNATIVE  AMORTIZING
   28  EMPLOYER  SHALL  PAY  TO  THE  RETIREMENT  SYSTEM AN AMOUNT EQUAL TO THE
   29  EMPLOYER'S ANNUAL BILL FOR SUCH YEAR PLUS THE EMPLOYER'S GRADED  PAYMENT
   30  FOR THE FISCAL YEAR.
   31    (I)  IF  THE  ALTERNATIVE  AMORTIZING  EMPLOYER'S  ANNUAL BILL FOR THE
   32  FISCAL YEAR DOES NOT INCLUDE AN AMOUNT ATTRIBUTABLE TO A  PRIOR  AMORTI-
   33  ZATION,  THEN  THE  EMPLOYER'S  GRADED  PAYMENT  SHALL  BE PAID INTO THE
   34  EMPLOYER CONTRIBUTION RESERVE FUND PROVIDED FOR IN SUBDIVISION E OF THIS
   35  SECTION AND CREDITED TO AN ACCOUNT WITHIN SUCH FUND ESTABLISHED FOR  THE
   36  EMPLOYER.
   37    (II)  IF  THE  ALTERNATIVE  AMORTIZING  EMPLOYER'S ANNUAL BILL FOR THE
   38  FISCAL YEAR INCLUDES AN AMOUNT ATTRIBUTABLE TO A PRIOR AMORTIZATION, THE
   39  EMPLOYER'S GRADED PAYMENT SHALL BE USED FIRST TO ELIMINATE THE AMOUNT OF
   40  THE EMPLOYER'S UNPAID PRIOR AMORTIZATION BALANCES IN CHRONOLOGICAL ORDER
   41  STARTING WITH THE OLDEST PRIOR AMORTIZATION BALANCE. WHEN IN ANY  FISCAL
   42  YEAR  THE  EMPLOYER'S GRADED PAYMENT ELIMINATES ALL BALANCES OWED ON THE
   43  EMPLOYER'S PRIOR AMORTIZATIONS, ANY REMAINING PORTION OF THE  EMPLOYER'S
   44  GRADED  PAYMENT  FOR SUCH FISCAL YEAR, AND THE EMPLOYER'S GRADED PAYMENT
   45  IN ANY SUBSEQUENT FISCAL YEAR IN WHICH THE AMORTIZING  EMPLOYER  HAS  NO
   46  UNPAID PRIOR AMORTIZATIONS, SHALL BE PAID INTO THE EMPLOYER CONTRIBUTION
   47  RESERVE  FUND PROVIDED FOR IN SUBDIVISION E OF THIS SECTION AND CREDITED
   48  TO AN ACCOUNT WITHIN SUCH FUND ESTABLISHED FOR THE EMPLOYER.
   49    (3) Nothing in this subdivision shall be construed as  prohibiting  an
   50  employer from pre-paying any prior amortization.
   51    e.  (1)  Notwithstanding any law to the contrary, there shall be main-
   52  tained separate and apart from the other funds of the retirement  system
   53  an  employer contribution reserve fund, the assets of which shall not be
   54  used or invested in a manner contrary to the provisions of this subdivi-
   55  sion. The fund shall consist of all employer contributions  required  to
   56  be  deposited  into  the fund pursuant to subdivision d of this section.
       S. 2607--D                         113                        A. 3007--D

    1  Within such fund there shall be a separate  account  for  each  employer
    2  making such contributions and payments.
    3    (2)  For  any  given  fiscal  year  for which (i) the system actuarial
    4  contribution rate exceeds nine and one-half percent of payroll, and (ii)
    5  an employer's average actuarial contribution  rate  exceeds  the  system
    6  graded  contribution  rate OR THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
    7  RATE, the balance in the employer's account within such  fund  shall  be
    8  applied  to  reduce  the employer's payment to the retirement system for
    9  such fiscal year in an amount not to exceed the difference  between  the
   10  employer's actuarial contribution and the employer's graded contribution
   11  for the fiscal year.
   12    (3)  Notwithstanding  the provisions of paragraph two of this subdivi-
   13  sion, if at the close of any given fiscal year the balance of an employ-
   14  er's account within the fund exceeds one hundred percent of the  employ-
   15  er's payroll for such fiscal year, the excess shall be applied to reduce
   16  the  employer's payment to the retirement system for the next succeeding
   17  fiscal year.
   18    (4) The assets of the fund shall be invested  in  only  the  following
   19  types of investments:
   20    (i)  obligations  of  the  United  States of America or in obligations
   21  guaranteed by agencies of the United States of America where the payment
   22  of principal and interest are guaranteed by the United States of America
   23  or in obligations of the state of New York;
   24    (ii) general obligation bonds and notes of any state other  than  this
   25  state,  provided that such bonds and notes receive the highest rating of
   26  at least one independent rating agency;
   27    (iii) obligations of, or instruments issued by or fully guaranteed  as
   28  to  principal  and  interest  by,  any  agency or instrumentality of the
   29  United States acting pursuant to a grant of authority from the  congress
   30  of  the  United  States, including, but not limited to, any federal home
   31  loan bank or banks, the Tennessee valley authority, the federal national
   32  mortgage association, the federal home loan mortgage corporation and the
   33  United States postal service;
   34    (iv) certificate of deposits that are fully secured by the  issuer  by
   35  depositing  with  the  comptroller direct or indirect obligations of the
   36  United States or its agencies or a letter of credit issued by the Feder-
   37  al Home Loan Bank; and
   38    (v) obligations of any corporation organized under  the  laws  of  any
   39  state  in  the  United  States  maturing within two hundred seventy days
   40  provided that such obligations receive the highest rating of  two  inde-
   41  pendent rating services designated by the comptroller.
   42    (5) At the close of each fiscal year, the amount of interest and earn-
   43  ings  attributable  to  each employer's account shall be computed by the
   44  actuary and certified to the comptroller,  who  shall  thereupon  credit
   45  each employer's account in accordance therewith.
   46    (6) The assets of the fund shall be excluded from the annual valuation
   47  of  the  assets  and  liabilities  of the funds of the retirement system
   48  required by section eleven of this title. The assets of the  fund  shall
   49  not be used to finance increases in pension benefits.
   50    S 3. Section 319-a of the retirement and social security law, as added
   51  by section 3 of part TT of chapter 57 of the laws of 2010, is amended to
   52  read as follows:
   53    S  319-a.  Employer contributions for the two thousand ten - two thou-
   54  sand eleven fiscal year and subsequent fiscal years. a. In  addition  to
   55  the  definitions in section three hundred two of this article, when used
   56  in this section:
       S. 2607--D                         114                        A. 3007--D

    1    (1) "Amortizing employer" shall mean an employer that elects to  amor-
    2  tize  a  portion of the employer's annual bill pursuant to paragraph one
    3  of subdivision d of this section for the two thousand ten - two thousand
    4  eleven fiscal year, or any  subsequent  fiscal  year,  PURSUANT  TO  THE
    5  SYSTEM  GRADED  CONTRIBUTION RATE regardless of whether the employer has
    6  subsequently paid in full all such amortized amounts, AND THAT DOES  NOT
    7  ELECT  TO  AMORTIZE  AS  AN  ALTERNATIVE AMORTIZING EMPLOYER FOR THE TWO
    8  THOUSAND THIRTEEN - TWO THOUSAND FOURTEEN FISCAL YEAR.
    9    (1-A) "ALTERNATIVE AMORTIZING EMPLOYER" SHALL  MEAN  A  COUNTY,  CITY,
   10  TOWN  OR  VILLAGE THAT, ON A FORM PREPARED BY THE COMPTROLLER, ELECTS TO
   11  AND DOES AMORTIZE A PORTION OF THE EMPLOYER'S ANNUAL  BILL  PURSUANT  TO
   12  PARAGRAPH  ONE  OF  SUBDIVISION  D  OF THIS SECTION FOR THE TWO THOUSAND
   13  THIRTEEN - TWO THOUSAND FOURTEEN FISCAL YEAR PURSUANT TO THE ALTERNATIVE
   14  SYSTEM GRADED CONTRIBUTION RATE, REGARDLESS OF WHETHER THE EMPLOYER  HAS
   15  SUBSEQUENTLY PAID IN FULL ALL SUCH AMORTIZED AMOUNTS.
   16    (2)  "Amount  eligible for amortization" for a given fiscal year shall
   17  mean the amount by which an employer's actuarial contribution  for  such
   18  fiscal  year  exceeds  the  employer's  graded contribution for the same
   19  fiscal year, less any amount from the employer contribution reserve fund
   20  applied to reduce the employer's payment to the  retirement  system  for
   21  the fiscal year, provided, however, that if the employer's average actu-
   22  arial  contribution  rate for the fiscal year is less than seventeen and
   23  one-half percent, then the amount eligible  for  amortization  shall  be
   24  zero.
   25    (3)  "Employer's actuarial contribution" for a given fiscal year shall
   26  mean an employer's annual bill for such fiscal  year  exclusive  of  the
   27  deficiency  contributions  and  payments  on  account of group term life
   28  insurance, adjustments relating  to  prior  fiscal  years'  obligations,
   29  retirement incentives and prior amortizations.
   30    (4)  "Employer's  annual  bill" shall mean for a given fiscal year the
   31  sum of the following amounts: (i) an employer's normal contributions for
   32  the fiscal year determined in accordance with paragraph one of  subdivi-
   33  sion  b  of  section  three hundred twenty-three of this article and the
   34  comprehensive structural reform program implemented pursuant to subdivi-
   35  sion b of section three hundred twenty-three-a of this article,  includ-
   36  ing  the  provisions  of  subdivision b of section three hundred twenty-
   37  three-a  of  this  article  relating  to  the  required  minimum  annual
   38  contribution  of four and one-half percent of pensionable salaries; (ii)
   39  the employer's deficiency contributions and administration contributions
   40  for the fiscal year determined in accordance  with  paragraphs  two  and
   41  three  of  subdivision  b  of section three hundred twenty-three of this
   42  article; and (iii) any payments by the employer due in the  fiscal  year
   43  on  account  of group term life insurance, adjustments relating to prior
   44  fiscal years'  obligations,  retirement  incentives  and  prior  amorti-
   45  zations.
   46    (5)  "Employer's  average  actuarial  contribution  rate"  for a given
   47  fiscal year shall mean an employer's  actuarial  contribution  for  such
   48  fiscal  year  divided  by  the employer's projected payroll for the same
   49  fiscal year.
   50    (6) "Employer contribution reserve fund"  or  "fund"  shall  mean  the
   51  employer contribution reserve fund established pursuant to subdivision e
   52  of this section.
   53    (7)  "Employer's  graded  contribution"  for a given fiscal year shall
   54  mean the amount determined by applying the  employer's  graded  contrib-
   55  ution  rate OR THE ALTERNATIVE AMORTIZING EMPLOYER'S GRADED CONTRIBUTION
       S. 2607--D                         115                        A. 3007--D

    1  RATE for such fiscal year to an employer's  projected  payroll  for  the
    2  same fiscal year.
    3    (8)  "Employer's  graded  contribution  rate"  for a given fiscal year
    4  shall mean (i) the system graded contribution rate for such fiscal year,
    5  or (ii) in the case  of  an  individual  employer  for  which  a  graded
    6  contribution  rate  has  been  determined pursuant to paragraph three of
    7  subdivision c of this section, the  graded  contribution  rate  for  the
    8  individual employer for such fiscal year.
    9    (9) "Employer's graded payment" for a given fiscal year shall mean the
   10  amount  by  which an employer's graded contribution for such fiscal year
   11  exceeds the employer's actuarial contribution for the same fiscal year.
   12    (10) "Prior amortization" shall mean with respect to  a  given  fiscal
   13  year  any  payment  due  in such fiscal year on account of an obligation
   14  from a prior fiscal year that an employer is permitted  to  pay  to  the
   15  retirement system on an amortized basis.
   16    (11)  "System  average actuarial contribution rate" for a given fiscal
   17  year shall mean the sum of all employers'  actuarial  contributions  for
   18  such fiscal year, divided by the sum of all employers' projected payroll
   19  for the same fiscal year.
   20    (12)  "System  graded contribution rate" for a given fiscal year shall
   21  mean the graded contribution rate for the retirement system as  a  whole
   22  determined  for  such  fiscal  year  pursuant to paragraph one or two of
   23  subdivision c of this section.
   24    (13) "ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE" FOR A GIVEN  FISCAL
   25  YEAR  SHALL  MEAN THE GRADED CONTRIBUTION RATE FOR THE RETIREMENT SYSTEM
   26  AS A WHOLE DETERMINED FOR SUCH FISCAL YEAR PURSUANT TO PARAGRAPH ONE  OR
   27  TWO OF SUBDIVISION C-1 OF THIS SECTION.
   28    b.  Notwithstanding the provisions of this chapter or any other law to
   29  the contrary, the comptroller, in his  or  her  discretion,  shall  have
   30  authority to implement this section. If the comptroller elects to imple-
   31  ment  this  section,  the  provisions of this section shall apply to the
   32  payment of employer contributions for  the  fiscal  year  commencing  on
   33  April  first, two thousand ten, and for subsequent fiscal years.  IF THE
   34  COMPTROLLER, WITHIN HIS OR  HER  DISCRETION,  ELECTS  TO  IMPLEMENT  THE
   35  ALTERNATIVE  SYSTEM  GRADED CONTRIBUTION RATE AS PROVIDED BY SUBDIVISION
   36  C-1 OF THIS SECTION, THE PROVISIONS OF PARAGRAPH ONE-A OF SUBDIVISION  D
   37  OF THIS SECTION SHALL APPLY TO THE PAYMENT OF EMPLOYER CONTRIBUTIONS FOR
   38  THE  FISCAL  YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND
   39  FOR SUBSEQUENT FISCAL YEARS.
   40    c. For each fiscal year to which the provisions of this section apply,
   41  the comptroller shall determine  a  graded  contribution  rate  for  the
   42  retirement system as a whole in the manner provided in this subdivision.
   43    (1)  For  the  two  thousand ten - two thousand eleven fiscal year the
   44  system graded contribution rate shall be seventeen and one-half percent.
   45    (2) For the two thousand eleven - two thousand twelve fiscal year, and
   46  subsequent fiscal years,  system  graded  contribution  rates  shall  be
   47  determined as follows:
   48    (i)  if  the  system  average  actuarial contribution rate for a given
   49  fiscal year is at least seventeen and one-half percent and  exceeds  the
   50  system  graded  contribution  rate  for the immediately preceding fiscal
   51  year by more than one percentage point, then the system graded  contrib-
   52  ution  rate  for  the  given  fiscal  year shall equal the system graded
   53  contribution rate for the immediately preceding  fiscal  year  plus  one
   54  percentage  point,  provided  however, that in no event shall the system
   55  graded contribution rate be less than seventeen and one-half percent;
       S. 2607--D                         116                        A. 3007--D

    1    (ii) if the system average actuarial contribution  rate  for  a  given
    2  fiscal year is at least seventeen and one-half percent and either equals
    3  the system graded contribution rate for the immediately preceding fiscal
    4  year  or exceeds the system graded contribution rate for the immediately
    5  preceding  fiscal  year by one percentage point or less, then the system
    6  graded contribution rate for the  given  fiscal  year  shall  equal  the
    7  system  average  actuarial  contribution  rate  for  such  fiscal  year,
    8  provided, however, that in no event shall the system graded contribution
    9  rate be less than seventeen and one-half percent;
   10    (iii) if the system average actuarial contribution rate  for  a  given
   11  fiscal year is less than seventeen and one-half percent and greater than
   12  the system graded contribution rate for the immediately preceding fiscal
   13  year, then the system graded contribution rate for the given fiscal year
   14  shall equal the system actuarial contribution rate for such fiscal year;
   15    (iv)  if  the  system  average actuarial contribution rate for a given
   16  fiscal year is smaller than the system graded contribution rate for  the
   17  immediately  preceding  fiscal  year  by more than one percentage point,
   18  then the system graded contribution rate for the given fiscal year shall
   19  equal the system graded contribution rate for the immediately  preceding
   20  fiscal year minus one percentage point; and
   21    (v)  if  the  system  average  actuarial contribution rate for a given
   22  fiscal year either equals the system graded contribution  rate  for  the
   23  immediately  preceding  fiscal year or is smaller than the system graded
   24  contribution rate for the  immediately  preceding  fiscal  year  by  one
   25  percentage  point  or less, then the system graded contribution rate for
   26  the given fiscal year shall equal the system actuarial contribution rate
   27  for such fiscal year.
   28    (3) The comptroller shall determine a  graded  contribution  rate  for
   29  individual employers as provided in this paragraph.
   30    (i)  If  the  actuarial  contribution rate for an employer for a given
   31  fiscal year is equal to or greater than  fifty  percent  of  the  system
   32  actuarial  contribution  rate  for  such year, and less than or equal to
   33  seventy-five percent of such system actuarial  contribution  rate,  then
   34  the  graded contribution rate for the employer for the fiscal year shall
   35  equal seventy-five percent of the system graded  contribution  RATE  for
   36  such year.
   37    (ii)  If  the  actuarial contribution rate for an employer for a given
   38  fiscal year is less than fifty percent of the system actuarial  contrib-
   39  ution  rate  for  such  year,  then the graded contribution rate for the
   40  employer for the fiscal year shall equal fifty  percent  of  the  system
   41  graded contribution rate for such year.
   42    C-1.  FOR  EACH  FISCAL  YEAR  TO WHICH THE PROVISIONS OF THIS SECTION
   43  APPLY, THE COMPTROLLER SHALL  DETERMINE  AN  ALTERNATIVE  SYSTEM  GRADED
   44  CONTRIBUTION  RATE  FOR  THE  RETIREMENT SYSTEM AS A WHOLE IN THE MANNER
   45  PROVIDED IN THIS SUBDIVISION.
   46    (1) FOR THE TWO THOUSAND THIRTEEN - TWO THOUSAND FOURTEEN FISCAL  YEAR
   47  AND  THE  TWO  THOUSAND FOURTEEN - TWO THOUSAND FIFTEEN FISCAL YEAR, THE
   48  ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE SHALL BE TWENTY PERCENT.
   49    (2) FOR THE TWO THOUSAND FIFTEEN - TWO THOUSAND  SIXTEEN  FISCAL  YEAR
   50  AND  THE SUBSEQUENT FISCAL YEARS, ALTERNATIVE SYSTEM GRADED CONTRIBUTION
   51  RATES SHALL BE DETERMINED AS FOLLOWS:
   52    (I) IF THE SYSTEM AVERAGE ACTUARIAL  CONTRIBUTION  RATE  FOR  A  GIVEN
   53  FISCAL  YEAR  IS AT LEAST SEVENTEEN AND ONE-HALF PERCENT AND EXCEEDS THE
   54  ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE FOR THE IMMEDIATELY  PRECED-
   55  ING  FISCAL YEAR BY MORE THAN ONE-HALF PERCENTAGE POINT, THEN THE ALTER-
   56  NATIVE SYSTEM GRADED CONTRIBUTION RATE FOR THE GIVEN FISCAL  YEAR  SHALL
       S. 2607--D                         117                        A. 3007--D

    1  EQUAL THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE FOR THE IMMEDIATE-
    2  LY  PRECEDING  FISCAL  YEAR  PLUS  ONE-HALF  PERCENTAGE POINT, PROVIDED,
    3  HOWEVER, THAT IN NO EVENT SHALL THE ALTERNATIVE SYSTEM  GRADED  CONTRIB-
    4  UTION RATE BE LESS THAN SEVENTEEN AND ONE-HALF PERCENT;
    5    (II)  IF  THE  SYSTEM  AVERAGE ACTUARIAL CONTRIBUTION RATE FOR A GIVEN
    6  FISCAL YEAR IS AT LEAST SEVENTEEN AND ONE-HALF PERCENT AND EITHER EQUALS
    7  THE ALTERNATIVE SYSTEM GRADED  CONTRIBUTION  RATE  FOR  THE  IMMEDIATELY
    8  PRECEDING  FISCAL YEAR OR EXCEEDS THE ALTERNATIVE SYSTEM GRADED CONTRIB-
    9  UTION RATE  FOR  THE  IMMEDIATELY  PRECEDING  FISCAL  YEAR  BY  ONE-HALF
   10  PERCENTAGE  POINT  OR  LESS, THEN THE ALTERNATIVE SYSTEM GRADED CONTRIB-
   11  UTION RATE FOR THE GIVEN FISCAL YEAR  SHALL  EQUAL  THE  SYSTEM  AVERAGE
   12  ACTUARIAL  CONTRIBUTION  RATE  FOR  SUCH FISCAL YEAR, PROVIDED, HOWEVER,
   13  THAT IN NO EVENT SHALL THE ALTERNATIVE SYSTEM GRADED  CONTRIBUTION  RATE
   14  BE LESS THAN SEVENTEEN AND ONE-HALF PERCENT;
   15    (III)  IF  THE  SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE FOR A GIVEN
   16  FISCAL YEAR IS LESS THAN SEVENTEEN AND ONE-HALF PERCENT AND GREATER THAN
   17  THE ALTERNATIVE SYSTEM GRADED  CONTRIBUTION  RATE  FOR  THE  IMMEDIATELY
   18  PRECEDING  FISCAL  YEAR, THEN THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
   19  RATE FOR THE GIVEN FISCAL YEAR SHALL EQUAL THE SYSTEM ACTUARIAL CONTRIB-
   20  UTION RATE FOR SUCH FISCAL YEAR;
   21    (IV) IF THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION  RATE  FOR  A  GIVEN
   22  FISCAL  YEAR  IS SMALLER THAN THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
   23  RATE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR  BY  MORE  THAN  ONE-HALF
   24  PERCENTAGE  POINT,  THEN THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION RATE
   25  FOR THE GIVEN FISCAL YEAR SHALL  EQUAL  THE  ALTERNATIVE  SYSTEM  GRADED
   26  CONTRIBUTION  RATE  FOR  THE  IMMEDIATELY  PRECEDING  FISCAL  YEAR MINUS
   27  ONE-HALF PERCENTAGE POINT; AND
   28    (V) IF THE SYSTEM AVERAGE ACTUARIAL  CONTRIBUTION  RATE  FOR  A  GIVEN
   29  FISCAL  YEAR  EITHER  EQUALS  THE ALTERNATIVE SYSTEM GRADED CONTRIBUTION
   30  RATE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR OR IS  SMALLER  THAN  THE
   31  ALTERNATIVE  SYSTEM GRADED CONTRIBUTION RATE FOR THE IMMEDIATELY PRECED-
   32  ING FISCAL YEAR BY ONE-HALF PERCENTAGE POINT OR LESS, THEN THE  ALTERNA-
   33  TIVE  SYSTEM  GRADED  CONTRIBUTION  RATE FOR THE GIVEN FISCAL YEAR SHALL
   34  EQUAL THE SYSTEM ACTUARIAL CONTRIBUTION RATE FOR SUCH FISCAL YEAR.
   35    d. (1) For any given fiscal year for which an employer's average actu-
   36  arial contribution rate exceeds the EMPLOYER graded  contribution  rate,
   37  the  employer  shall pay to the retirement system an amount equal to the
   38  employer's annual bill for such year or, in lieu of  paying  the  entire
   39  annual  bill,  the  employer  may  pay an amount equal to the employer's
   40  annual bill less all or a portion of the employer's amount eligible  for
   41  amortization  for  the fiscal year. If in accordance with this paragraph
   42  the employer's payment to the retirement system is less than the  entire
   43  amount  of  the  employer's annual bill, then the difference between the
   44  employer's annual bill, and the amount actually paid by the employer  to
   45  the retirement system exclusive of any amount from the employer contrib-
   46  ution  reserve  fund  applied to reduce the employer's payment, shall be
   47  the amount amortized for the fiscal year. The amount amortized  for  the
   48  fiscal  year  shall  be  paid  to  the retirement system in equal annual
   49  installments over a ten-year period, with interest on the unpaid balance
   50  at a rate determined by the comptroller which approximates a market rate
   51  of return on taxable fixed rate securities with similar terms issued  by
   52  comparable issuers, and with the first installment due in the immediate-
   53  ly succeeding fiscal year.
   54    (1-A)  FOR ANY GIVEN FISCAL YEAR FOR WHICH AN EMPLOYER'S AVERAGE ACTU-
   55  ARIAL CONTRIBUTION RATE EXCEEDS THE ALTERNATIVE SYSTEM  GRADED  CONTRIB-
   56  UTION  RATE,  THE  EMPLOYER SHALL PAY TO THE RETIREMENT SYSTEM AN AMOUNT
       S. 2607--D                         118                        A. 3007--D

    1  EQUAL TO THE EMPLOYER'S ANNUAL BILL FOR SUCH YEAR OR, IN LIEU OF  PAYING
    2  THE  ENTIRE  ANNUAL  BILL,  THE  EMPLOYER MAY PAY AN AMOUNT EQUAL TO THE
    3  EMPLOYER'S ANNUAL BILL LESS ALL OR A PORTION OF  THE  EMPLOYER'S  AMOUNT
    4  ELIGIBLE  FOR  AMORTIZATION  FOR  THE FISCAL YEAR. IF IN ACCORDANCE WITH
    5  THIS PARAGRAPH THE EMPLOYER'S PAYMENT TO THE RETIREMENT SYSTEM  IS  LESS
    6  THAN  THE  ENTIRE AMOUNT OF THE EMPLOYER'S ANNUAL BILL, THEN THE DIFFER-
    7  ENCE BETWEEN THE EMPLOYER'S ANNUAL BILL, AND THE AMOUNT ACTUALLY PAID BY
    8  THE EMPLOYER TO THE RETIREMENT SYSTEM EXCLUSIVE OF ANY AMOUNT  FROM  THE
    9  EMPLOYER  CONTRIBUTION  RESERVE  FUND  APPLIED  TO REDUCE THE EMPLOYER'S
   10  PAYMENT, SHALL BE THE AMOUNT AMORTIZED FOR THE FISCAL YEAR.  THE  AMOUNT
   11  AMORTIZED  FOR THE FISCAL YEAR SHALL BE PAID TO THE RETIREMENT SYSTEM IN
   12  EQUAL ANNUAL INSTALLMENTS OVER A TWELVE YEAR PERIOD,  WITH  INTEREST  ON
   13  THE  UNPAID  BALANCE AT A RATE DETERMINED BY THE COMPTROLLER WHICH SHALL
   14  BE THE  TWELVE  YEAR  INTERPOLATED  RATE  BASED  ON  THE  MOST  RECENTLY
   15  PUBLISHED  YIELD TO MATURITY OF A TEN YEAR AND TWENTY YEAR U.S. TREASURY
   16  SECURITY PLUS ONE HUNDRED BASIS POINTS.
   17    (2) For any given fiscal year for which the system graded contribution
   18  rate equals  or  exceeds  an  amortizing  employer's  average  actuarial
   19  contribution  rate,  the amortizing employer shall pay to the retirement
   20  system an amount equal to the employer's annual bill for such year  plus
   21  the employer's graded payment for the fiscal year.
   22    (i)  If the amortizing employer's annual bill for the fiscal year does
   23  not include an amount attributable to a  prior  amortization,  then  the
   24  employer's  graded  payment shall be paid into the employer contribution
   25  reserve fund provided for in subdivision e of this section and  credited
   26  to an account within such fund established for the employer.
   27    (ii)  If  the  amortizing  employer's  annual bill for the fiscal year
   28  includes an amount attributable to a prior amortization, the  employer's
   29  graded  payment  shall  be  used  first  to  eliminate the amount of the
   30  employer's unpaid prior amortization  balances  in  chronological  order
   31  starting with oldest prior amortization balance. When in any fiscal year
   32  the  employer's  graded  payment  eliminates  all  balances  owed on the
   33  employer's prior amortizations, any remaining portion of the  employer's
   34  graded  payment  for such fiscal year, and the employer's graded payment
   35  in any subsequent fiscal year in which the amortizing  employer  has  no
   36  unpaid prior amortizations, shall be paid into the employer contribution
   37  reserve  fund provided for in subdivision e of this section and credited
   38  to an account within such fund established for the employer.
   39    (2-A) FOR ANY GIVEN FISCAL YEAR FOR WHICH THE ALTERNATIVE SYSTEM GRAD-
   40  ED CONTRIBUTION RATE EQUALS OR EXCEEDS AN ALTERNATIVE AMORTIZING EMPLOY-
   41  ER'S AVERAGE ACTUARIAL CONTRIBUTION  RATE,  THE  ALTERNATIVE  AMORTIZING
   42  EMPLOYER  SHALL  PAY  TO  THE  RETIREMENT  SYSTEM AN AMOUNT EQUAL TO THE
   43  EMPLOYER'S ANNUAL BILL FOR SUCH YEAR PLUS THE EMPLOYER'S GRADED  PAYMENT
   44  FOR THE FISCAL YEAR.
   45    (I)  IF  THE  ALTERNATIVE  AMORTIZING  EMPLOYER'S  ANNUAL BILL FOR THE
   46  FISCAL YEAR DOES NOT INCLUDE AN AMOUNT ATTRIBUTABLE TO A  PRIOR  AMORTI-
   47  ZATION,  THEN  THE  EMPLOYER'S  GRADED  PAYMENT  SHALL  BE PAID INTO THE
   48  EMPLOYER CONTRIBUTION RESERVE FUND PROVIDED FOR IN SUBDIVISION E OF THIS
   49  SECTION AND CREDITED TO AN ACCOUNT WITHIN SUCH FUND ESTABLISHED FOR  THE
   50  EMPLOYER.
   51    (II)  IF  THE  ALTERNATIVE  AMORTIZING  EMPLOYER'S ANNUAL BILL FOR THE
   52  FISCAL YEAR INCLUDES AN AMOUNT ATTRIBUTABLE TO A PRIOR AMORTIZATION, THE
   53  EMPLOYER'S GRADED PAYMENT SHALL BE USED FIRST TO ELIMINATE THE AMOUNT OF
   54  THE EMPLOYER'S UNPAID PRIOR AMORTIZATION BALANCES IN CHRONOLOGICAL ORDER
   55  STARTING WITH OLDEST PRIOR AMORTIZATION BALANCE. WHEN IN ANY FISCAL YEAR
   56  THE EMPLOYER'S GRADED  PAYMENT  ELIMINATES  ALL  BALANCES  OWED  ON  THE
       S. 2607--D                         119                        A. 3007--D

    1  EMPLOYER'S  PRIOR AMORTIZATIONS, ANY REMAINING PORTION OF THE EMPLOYER'S
    2  GRADED PAYMENT FOR SUCH FISCAL YEAR, AND THE EMPLOYER'S  GRADED  PAYMENT
    3  IN  ANY  SUBSEQUENT  FISCAL YEAR IN WHICH THE AMORTIZING EMPLOYER HAS NO
    4  UNPAID PRIOR AMORTIZATIONS, SHALL BE PAID INTO THE EMPLOYER CONTRIBUTION
    5  RESERVE  FUND PROVIDED FOR IN SUBDIVISION E OF THIS SECTION AND CREDITED
    6  TO AN ACCOUNT WITHIN SUCH FUND ESTABLISHED FOR THE EMPLOYER.
    7    (3) Nothing in this subdivision shall be construed as  prohibiting  an
    8  employer from pre-paying any prior amortization.
    9    e.  (1)  Notwithstanding any law to the contrary, there shall be main-
   10  tained separate and apart from the other funds of the retirement  system
   11  an  employer contribution reserve fund, the assets of which shall not be
   12  used or invested in a manner contrary to the provisions of this subdivi-
   13  sion. The fund shall consist of all employer contributions  required  to
   14  be  deposited  into  the fund pursuant to subdivision d of this section.
   15  Within such fund there shall be a separate  account  for  each  employer
   16  making such contributions and payments.
   17    (2)  For  any  given  fiscal  year  for which (i) the system actuarial
   18  contribution rate exceeds seventeen and one-half percent of payroll, and
   19  (ii) for which an employer's average actuarial contribution rate exceeds
   20  the graded contribution rate OR THE ALTERNATIVE SYSTEM  GRADED  CONTRIB-
   21  UTION RATE, the balance in the employer's account within such fund shall
   22  be applied to reduce the employer's payment to the retirement system for
   23  such  fiscal  year in an amount not to exceed the difference between the
   24  employer's actuarial contribution and the employer's graded contribution
   25  for the fiscal year.
   26    (3) Notwithstanding the provisions of paragraph two of  this  subdivi-
   27  sion, if at the close of any given fiscal year the balance of an employ-
   28  er's  account within the fund exceeds one hundred percent of the employ-
   29  er's payroll for such fiscal year, the excess shall be applied to reduce
   30  the employer's payment to the retirement system for the next  succeeding
   31  fiscal year.
   32    (4)  The  assets  of  the fund shall be invested in only the following
   33  types of investments:
   34    (i) obligations of the United States  of  America  or  in  obligations
   35  guaranteed by agencies of the United States of America where the payment
   36  of principal and interest are guaranteed by the United States of America
   37  or in obligations of the state of New York;
   38    (ii)  general  obligation bonds and notes of any state other than this
   39  state, provided that such bonds and notes receive the highest rating  of
   40  at least one independent rating agency;
   41    (iii)  obligations of, or instruments issued by or fully guaranteed as
   42  to principal and interest by,  any  agency  or  instrumentality  of  the
   43  United  States acting pursuant to a grant of authority from the congress
   44  of the United States, including, but not limited to,  any  federal  home
   45  loan bank or banks, the Tennessee valley authority, the federal national
   46  mortgage association, the federal home loan mortgage corporation and the
   47  United States postal service;
   48    (iv)  certificate  of deposits that are fully secured by the issuer by
   49  depositing with the comptroller direct or indirect  obligations  of  the
   50  United States or its agencies or a letter of credit issued by the Feder-
   51  al Home Loan Bank; and
   52    (v)  obligations  of  any  corporation organized under the laws of any
   53  state in the United States maturing  within  two  hundred  seventy  days
   54  provided  that  such obligations receive the highest rating of two inde-
   55  pendent rating services designated by the comptroller.
       S. 2607--D                         120                        A. 3007--D

    1    (5) At the close of each fiscal year, the amount of interest and earn-
    2  ings attributable to each employer's account shall be  computed  by  the
    3  actuary  and  certified  to  the comptroller, who shall thereupon credit
    4  each employer's account in accordance therewith.
    5    (6) The assets of the fund shall be excluded from the annual valuation
    6  of  the  assets  and  liabilities  of the funds of the retirement system
    7  required by section three hundred eleven of this title.  The  assets  of
    8  the fund shall not finance increases in pension benefits.
    9    S  4.  Section  521  of  the  education law is amended by adding a new
   10  subdivision 3 to read as follows:
   11    3. STABLE CONTRIBUTION OPTION FOR PARTICIPATING EDUCATIONAL  EMPLOYERS
   12  FOR  THE  TWO THOUSAND THIRTEEN - TWO THOUSAND FOURTEEN PLAN YEAR. A. IN
   13  ADDITION TO THE DEFINITIONS IN SECTION FIVE HUNDRED ONE OF THIS ARTICLE,
   14  WHEN USED IN THIS SUBDIVISION:
   15    (1) "PARTICIPATING EDUCATIONAL EMPLOYER" SHALL MEAN A SCHOOL  DISTRICT
   16  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES WHICH ELECTS TO PAY THE
   17  STABLE CONTRIBUTION AMOUNT IN THE MANNER PROVIDED IN THIS SUBDIVISION;
   18    (2) "STABLE CONTRIBUTION AMOUNT" SHALL MEAN AN  AMOUNT  EQUAL  TO  THE
   19  STABLE  CONTRIBUTION  RATE  MULTIPLIED  BY  THE  PENSIONABLE SALARY BASE
   20  (EXCLUSIVE  OF  PAYMENTS  FOR  GROUP  TERM  LIFE  INSURANCE,  DEFICIENCY
   21  CONTRIBUTIONS,  ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS,
   22  OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS
   23  THAT A PARTICIPATING EDUCATIONAL EMPLOYER IS  PERMITTED  TO  PAY  ON  AN
   24  AMORTIZED BASIS);
   25    (3) "STABLE CONTRIBUTION RATE" SHALL MEAN FOURTEEN PERCENT FOR THE TWO
   26  THOUSAND THIRTEEN - TWO THOUSAND FOURTEEN PLAN YEAR AND THE TWO THOUSAND
   27  FOURTEEN - TWO THOUSAND FIFTEEN PLAN YEAR AND THE RATE AS ADOPTED BY THE
   28  RETIREMENT BOARD IN ACCORDANCE WITH PARAGRAPH H OF THIS SUBDIVISION; AND
   29    (4)  "DEFERRED  EMPLOYER  CONTRIBUTION  AMOUNT"  SHALL  MEAN AN AMOUNT
   30  ADEQUATE TO FUND THE BENEFITS FOR ACTIVE AND RETIRED MEMBERS  ASSOCIATED
   31  WITH  SUCH  PARTICIPATING  EDUCATIONAL  EMPLOYER  HAD SUCH PARTICIPATING
   32  EDUCATIONAL EMPLOYER NOT ELECTED THE  PROVISIONS  OF  THIS  SUBDIVISION.
   33  SUCH  DEFERRED EMPLOYER CONTRIBUTION AMOUNT SHALL BE CALCULATED FOR EACH
   34  YEAR OF PARTICIPATION IN THE STABLE CONTRIBUTION OPTION WITH  ASSOCIATED
   35  INTEREST  DETERMINED  SPECIFIC  TO  EACH APPLICABLE PLAN YEAR'S DEFERRED
   36  AMOUNT.
   37    B. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW  TO
   38  THE  CONTRARY,  THE  RETIREMENT  BOARD,  IN  ITS  DISCRETION, SHALL HAVE
   39  AUTHORITY TO IMPLEMENT  THE  PROVISIONS  OF  THIS  SUBDIVISION.  IF  THE
   40  RETIREMENT BOARD ELECTS TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION,
   41  THE  PROVISIONS  SHALL APPLY TO THE PAYMENT OF PARTICIPATING EDUCATIONAL
   42  EMPLOYER CONTRIBUTIONS IN THE PLAN YEAR COMMENCING JULY FIRST, TWO THOU-
   43  SAND THIRTEEN, FOR THE PENSION BILL PAID ON SEPTEMBER FIFTEENTH, OCTOBER
   44  FIFTEENTH, AND NOVEMBER FIFTEENTH OF TWO THOUSAND FOURTEEN, AND FOR  THE
   45  SUBSEQUENT  SIX PLAN YEARS. IF A PARTICIPATING EDUCATIONAL EMPLOYER DOES
   46  NOT ELECT THE STABLE CONTRIBUTION OPTION IN THE FISCAL  YEAR  COMMENCING
   47  ON  JULY  FIRST,  TWO  THOUSAND  THIRTEEN  FOR  THE PENSION BILL PAID ON
   48  SEPTEMBER FIFTEENTH, OCTOBER FIFTEENTH, AND NOVEMBER  FIFTEENTH  OF  TWO
   49  THOUSAND FOURTEEN, IT SHALL NOT BE ELIGIBLE TO ELECT THE STABLE CONTRIB-
   50  UTION OPTION IN ANY SUCCEEDING PLAN YEAR.
   51    C.  FOR  EACH  OF THE SEVEN PLAN YEARS TO WHICH THE PROVISIONS OF THIS
   52  SUBDIVISION APPLY, THE RETIREMENT BOARD SHALL USE A STABLE  CONTRIBUTION
   53  RATE  ESTABLISHED  BY THE RETIREMENT BOARD FOR PARTICIPATING EDUCATIONAL
   54  EMPLOYERS.
   55    D. IF THE RETIREMENT BOARD, IN ITS  DISCRETION,  DECIDES  TO  ADOPT  A
   56  STABLE  CONTRIBUTION OPTION PURSUANT TO THIS SUBDIVISION, THE RETIREMENT
       S. 2607--D                         121                        A. 3007--D

    1  BOARD SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT IN EACH  PLAN  YEAR
    2  FOR A PARTICIPATING EDUCATIONAL EMPLOYER PURSUANT TO SUBPARAGRAPH TWO OF
    3  PARAGRAPH  A  OF THIS SUBDIVISION. SUCH STABLE CONTRIBUTION AMOUNT SHALL
    4  BE  IN  LIEU  OF  A  PARTICIPATING  EDUCATIONAL  EMPLOYER'S  ACTUARIALLY
    5  REQUIRED CONTRIBUTION RATE OF NORMAL  AND  ADMINISTRATIVE  CONTRIBUTIONS
    6  PURSUANT TO SECTIONS FIVE HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF
    7  THIS ARTICLE FOR THE PLAN YEAR COMMENCING JULY FIRST, TWO THOUSAND THIR-
    8  TEEN, AND FOR THE NEXT SIX SUBSEQUENT PLAN YEARS.
    9    E.  ANY  PARTICIPATING  EDUCATIONAL  EMPLOYER  WHICH ELECTS TO PAY THE
   10  STABLE CONTRIBUTION AMOUNT PURSUANT TO THIS SUBDIVISION  SHALL  PAY  THE
   11  AMOUNT BASED ON THE STABLE CONTRIBUTION RATE FOR A PERIOD OF SEVEN YEARS
   12  AND  SUCH OPTION SHALL BE AVAILABLE TO PARTICIPATING EDUCATIONAL EMPLOY-
   13  ERS FROM THE TWO THOUSAND THIRTEEN - TWO  THOUSAND  FOURTEEN  PLAN  YEAR
   14  THROUGH  THE  TWO  THOUSAND NINETEEN - TWO THOUSAND TWENTY PLAN YEAR. IN
   15  THE SIXTH PLAN YEAR, THE TWO THOUSAND EIGHTEEN - TWO  THOUSAND  NINETEEN
   16  PLAN  YEAR,  THE PARTICIPATING EDUCATIONAL EMPLOYER SHALL PAY THE STABLE
   17  CONTRIBUTION RATE  AND,  IN  ADDITION,  COMMENCE  PAYMENT  FOR  DEFERRED
   18  EMPLOYER  CONTRIBUTIONS  IN ACCORDANCE WITH PARAGRAPH J OF THIS SUBDIVI-
   19  SION.  COMMENCING WITH THE PLAN YEAR BEGINNING JULY FIRST, TWO  THOUSAND
   20  TWENTY,  THE  PARTICIPATING EDUCATIONAL EMPLOYER SHALL RESUME PAYMENT OF
   21  THE ACTUARIALLY REQUIRED CONTRIBUTION RATE OF NORMAL AND  ADMINISTRATIVE
   22  CONTRIBUTIONS  PURSUANT  TO  SECTIONS  FIVE  HUNDRED  SEVENTEEN AND FIVE
   23  HUNDRED NINETEEN OF THIS ARTICLE  AND,  IN  ADDITION,  ANY  PAYMENT  FOR
   24  DEFERRED  EMPLOYER  CONTRIBUTION AMOUNTS IN ACCORDANCE WITH PARAGRAPHS J
   25  AND K OF THIS SUBDIVISION.
   26    F. A PARTICIPATING EDUCATIONAL EMPLOYER PAYING A  STABLE  CONTRIBUTION
   27  AMOUNT  SHALL  REMIT, COMMENCING WITH THE JULY FIRST, TWO THOUSAND THIR-
   28  TEEN PLAN YEAR, AN AMOUNT DETERMINED BY THE RETIREMENT BOARD  BY  ADDING
   29  THE FOLLOWING TWO AMOUNTS TOGETHER:
   30    (1)  THE STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO THIS SUBDI-
   31  VISION; AND
   32    (2) PAYMENTS FOR  GROUP  TERM  LIFE  INSURANCE,  DEFICIENCY  PAYMENTS,
   33  ADJUSTMENTS  RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS
   34  PERTAINING TO RETIREMENT INCENTIVES OR  ANY  OTHER  OBLIGATIONS  THAT  A
   35  PARTICIPATING  EDUCATIONAL  EMPLOYER IS PERMITTED TO PAY ON AN AMORTIZED
   36  BASIS.
   37    G. THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY  PARTICIPAT-
   38  ING  EDUCATIONAL  EMPLOYERS  ON  THE  DATES  SPECIFIED IN PARAGRAPH H OF
   39  SUBDIVISION TWO OF THIS SECTION.
   40    H. PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND JULY FIRST, TWO THOU-
   41  SAND SEVENTEEN THE RETIREMENT BOARD IS AUTHORIZED TO EVALUATE THE STABLE
   42  CONTRIBUTION RATE USED TO CALCULATE PARTICIPATING  EDUCATIONAL  EMPLOYER
   43  STABLE CONTRIBUTION AMOUNTS. SUCH EVALUATION SHALL BE BASED ON A PROJEC-
   44  TION  OF  ASSETS  AND  LIABILITIES SO AS TO ENSURE THAT CONTRIBUTIONS BY
   45  PARTICIPATING EDUCATIONAL EMPLOYERS  WHICH  PARTICIPATE  IN  THE  STABLE
   46  CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT SYSTEM ASSETS ARE SUFFI-
   47  CIENT  TO  FUND  BENEFITS FOR ACTIVE AND RETIRED MEMBERS. THE RETIREMENT
   48  BOARD IS AUTHORIZED TO INCREASE THE STABLE CONTRIBUTION RATE  BY  UP  TO
   49  TWO  PERCENTAGE  POINTS  ON JULY FIRST, TWO THOUSAND FIFTEEN AND ON JULY
   50  FIRST, TWO THOUSAND SEVENTEEN.  THE  REVISED  STABLE  CONTRIBUTION  RATE
   51  RESULTING  FROM  THE  FOREGOING EVALUATIONS AND JULY FIRST, TWO THOUSAND
   52  FIFTEEN AND JULY FIRST, TWO THOUSAND SEVENTEEN STABLE RATE INCREASES MAY
   53  NOT, IN COMBINATION, EXCEED EIGHTEEN PERCENT. THE  RETIREMENT  BOARD  IS
   54  AUTHORIZED  TO  DECREASE THE STABLE CONTRIBUTION RATE, IF WARRANTED, BUT
   55  IN NO EVENT SHALL THE STABLE CONTRIBUTION RATE  BE  LESS  THAN  FOURTEEN
   56  PERCENT.
       S. 2607--D                         122                        A. 3007--D

    1    I. A PARTICIPATING EDUCATIONAL EMPLOYER MAY ELECT TO TERMINATE PARTIC-
    2  IPATION  IN  THE  STABLE  CONTRIBUTION  OPTION AND RESUME PAYMENT OF THE
    3  ACTUARIALLY REQUIRED CONTRIBUTION OF NORMAL AND ADMINISTRATIVE  CONTRIB-
    4  UTIONS  IN  ACCORDANCE  WITH  SECTIONS  FIVE  HUNDRED SEVENTEEN AND FIVE
    5  HUNDRED  NINETEEN  OF THIS ARTICLE. PROVIDED, HOWEVER, THAT SUCH PARTIC-
    6  IPATING EDUCATIONAL EMPLOYER WHICH  ELECTS  TO  TERMINATE  PARTICIPATION
    7  SHALL MAKE A RECONCILIATION CONTRIBUTION TO THE RETIREMENT SYSTEM, AT AN
    8  AMOUNT  TO  BE  DETERMINED BY THE RETIREMENT BOARD, ADEQUATE TO FUND THE
    9  BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED WITH SUCH PARTICIPAT-
   10  ING EDUCATIONAL EMPLOYER HAD SUCH PARTICIPATING EDUCATIONAL EMPLOYER NOT
   11  ELECTED THE PROVISIONS OF THIS SUBDIVISION. SUCH RECONCILIATION CONTRIB-
   12  UTION SHALL BE MADE OVER A PERIOD NOT TO EXCEED FIVE YEARS AND SHALL  BE
   13  MADE IN ADDITION TO THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS PURSUANT
   14  TO  SECTIONS  FIVE  HUNDRED  SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS
   15  ARTICLE FOR THE  PLAN  YEAR  IN  WHICH  SUCH  PARTICIPATING  EDUCATIONAL
   16  EMPLOYER  CHOOSES  TO  RESUME  PAYMENT  OF THE NORMAL AND ADMINISTRATIVE
   17  CONTRIBUTIONS PURSUANT TO  SECTIONS  FIVE  HUNDRED  SEVENTEEN  AND  FIVE
   18  HUNDRED  NINETEEN  OF  THIS ARTICLE. FOR THE PURPOSES OF DETERMINING THE
   19  RECONCILIATION CONTRIBUTION AMOUNT, THE RETIREMENT  BOARD  SHALL  ASSUME
   20  INTEREST  ON  THE  DEFERRED EMPLOYER CONTRIBUTION AMOUNT AT A RATE WHICH
   21  APPROXIMATES THE MONTHLY AVERAGE YIELD ON UNITED STATES TREASURY SECURI-
   22  TIES AT TEN-YEAR CONSTANT MATURITY FOR THE TWELVE-MONTH PERIOD PRECEDING
   23  AUGUST FIRST OF EACH YEAR PLUS ONE PERCENTAGE POINT. THE  INTEREST  RATE
   24  ASSOCIATED  WITH  SUCH  DEFERRED  EMPLOYER  CONTRIBUTION AMOUNT SHALL BE
   25  SPECIFIC TO EACH APPLICABLE PLAN YEAR'S DEFERRED AMOUNT.
   26    J. IN THE SIXTH PLAN YEAR, COMMENCING JULY FIRST, TWO  THOUSAND  EIGH-
   27  TEEN,  ALL PARTICIPATING EDUCATIONAL EMPLOYERS HAVING ELECTED THE STABLE
   28  CONTRIBUTION OPTION SHALL CONTINUE TO CONTRIBUTE THE STABLE CONTRIBUTION
   29  AMOUNT TO THE RETIREMENT SYSTEM AND REMIT TO THE RETIREMENT  SYSTEM  THE
   30  ACCRUED  DEFERRED  EMPLOYER  CONTRIBUTIONS ACCUMULATED IN THE FIRST FIVE
   31  PLAN YEARS. THE STABLE PAYMENT OF  THE  DEFERRED  EMPLOYER  CONTRIBUTION
   32  ACCRUED  BY  THE PARTICIPATING EDUCATIONAL EMPLOYER SHALL BE PAID TO THE
   33  RETIREMENT SYSTEM IN EQUAL ANNUAL INSTALLMENTS OVER A FIVE-YEAR  PERIOD,
   34  WITH  INTEREST  ON THE UNPAID PORTION TO BE BASED ON THE MONTHLY AVERAGE
   35  YIELD ON UNITED STATES TREASURY SECURITIES AT A TEN-YEAR CONSTANT  MATU-
   36  RITY  FOR  THE  TWELVE-MONTH  PERIOD PRECEDING AUGUST FIRST OF EACH YEAR
   37  PLUS ONE PERCENTAGE  POINT.  THE  INTEREST  RATE  ASSOCIATED  WITH  SUCH
   38  DEFERRED  EMPLOYER  CONTRIBUTION AMOUNT SHALL BE SPECIFIC TO THE RATE AS
   39  MEASURED ON AUGUST FIRST OF THE APPLICABLE PLAN YEAR  TO  SUCH  DEFERRED
   40  AMOUNT.    PAYMENTS OF THE STABLE INSTALLMENTS SHALL BE MADE IN THE SAME
   41  MANNER AS OTHER EMPLOYER CONTRIBUTIONS AS PRESCRIBED  IN  THIS  ARTICLE.
   42  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED AS PROHIBITING SUCH
   43  PARTICIPATING EDUCATIONAL EMPLOYER FROM MAKING A RECONCILIATION CONTRIB-
   44  UTION IN ACCORDANCE WITH PARAGRAPH I OF THIS SUBDIVISION.
   45    K. IN THE EIGHTH PLAN YEAR, COMMENCING JULY FIRST, TWO THOUSAND  TWEN-
   46  TY,  ALL  PARTICIPATING  EDUCATIONAL EMPLOYERS HAVING ELECTED THE STABLE
   47  CONTRIBUTION OPTION SHALL RESUME PAYMENT  OF  THE  ACTUARIALLY  REQUIRED
   48  CONTRIBUTION  RATE OF NORMAL AND ADMINISTRATIVE CONTRIBUTIONS IN ACCORD-
   49  ANCE WITH SECTION FIVE HUNDRED SEVENTEEN AND FIVE  HUNDRED  NINETEEN  OF
   50  THIS  ARTICLE.  ADDITIONALLY, SUCH EMPLOYER WILL REMIT TO THE RETIREMENT
   51  SYSTEM THE ACCRUED DEFERRED EMPLOYER  CONTRIBUTIONS  ACCUMULATED  DURING
   52  THE  PLAN  YEARS  COMMENCING  JULY FIRST, TWO THOUSAND EIGHTEEN AND JULY
   53  FIRST, TWO THOUSAND NINETEEN OF  THE  STABLE  CONTRIBUTION  OPTION.  THE
   54  STABLE  PAYMENT  OF  THE  DEFERRED  EMPLOYER CONTRIBUTION ACCRUED BY THE
   55  PARTICIPATING EDUCATIONAL EMPLOYER  SHALL  BE  PAID  TO  THE  RETIREMENT
   56  SYSTEM  IN EQUAL ANNUAL INSTALLMENTS OVER A FIVE-YEAR PERIOD WITH INTER-
       S. 2607--D                         123                        A. 3007--D

    1  EST ON THE UNPAID PORTION TO BE BASED ON THE MONTHLY  AVERAGE  YIELD  ON
    2  UNITED  STATES  TREASURY  SECURITIES AT A TEN-YEAR CONSTANT MATURITY FOR
    3  THE TWELVE-MONTH PERIOD PRECEDING AUGUST FIRST OF  EACH  YEAR  PLUS  ONE
    4  PERCENTAGE  POINT.  THE  INTEREST  RATE  ASSOCIATED  WITH  SUCH DEFERRED
    5  EMPLOYER CONTRIBUTION AMOUNT SHALL BE SPECIFIC TO THE RATE  AS  MEASURED
    6  ON  AUGUST  FIRST  OF  THE APPLICABLE PLAN YEAR TO SUCH DEFERRED AMOUNT.
    7  PAYMENTS OF THE STABLE INSTALLMENTS SHALL BE MADE IN THE SAME MANNER  AS
    8  OTHER  EMPLOYER  CONTRIBUTIONS AS PRESCRIBED IN THIS ARTICLE. NOTHING IN
    9  THIS SUBDIVISION SHALL BE CONSTRUED AS  PROHIBITING  SUCH  PARTICIPATING
   10  EDUCATIONAL  EMPLOYER  FROM  MAKING  A  RECONCILIATION  CONTRIBUTION  IN
   11  ACCORDANCE WITH PARAGRAPH I OF THIS SUBDIVISION.
   12    L. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IF THE  RETIRE-
   13  MENT  BOARD DECIDES TO ADOPT A STABLE CONTRIBUTION OPTION, IN ACCORDANCE
   14  WITH THIS SUBDIVISION, AND THE FUNDED STATUS OF  THE  RETIREMENT  SYSTEM
   15  REACHES  A  THRESHOLD  BELOW  EIGHTY PERCENT AT THE END OF ANY PLAN YEAR
   16  DURING THE SEVEN PLAN YEAR TERM OF THIS OPTION, THE OPTION  SHALL  CEASE
   17  AND  PARTICIPATING  EDUCATIONAL  EMPLOYERS  WHO  HAVE ELECTED THE STABLE
   18  CONTRIBUTION OPTION SHALL RESUME PAYMENT  OF  THE  ACTUARIALLY  REQUIRED
   19  CONTRIBUTION  RATE OF NORMAL AND ADMINISTRATIVE CONTRIBUTIONS IN ACCORD-
   20  ANCE WITH SECTION FIVE HUNDRED SEVENTEEN AND FIVE  HUNDRED  NINETEEN  OF
   21  THIS  ARTICLE.  ADDITIONALLY,  SUCH  EMPLOYER WILL MAKE A RECONCILIATION
   22  CONTRIBUTION TO THE RETIREMENT SYSTEM, AT AN AMOUNT TO BE DETERMINED  BY
   23  THE  RETIREMENT  BOARD,  ADEQUATE  TO  FUND  THE BENEFITS FOR ACTIVE AND
   24  RETIRED MEMBERS ASSOCIATED WITH SUCH PARTICIPATING EDUCATIONAL  EMPLOYER
   25  HAD  SUCH  PARTICIPATING EDUCATIONAL EMPLOYER NOT ELECTED THE PROVISIONS
   26  OF THIS SECTION. THE  PAYMENT  OF  THE  DEFERRED  EMPLOYER  CONTRIBUTION
   27  ACCRUED  BY  THE PARTICIPATING EDUCATIONAL EMPLOYER SHALL BE PAID TO THE
   28  RETIREMENT SYSTEM IN EQUAL ANNUAL INSTALLMENTS OVER A  FIVE-YEAR  PERIOD
   29  WITH  INTEREST  ON THE UNPAID PORTION TO BE BASED ON THE MONTHLY AVERAGE
   30  YIELD ON UNITED STATES TREASURY SECURITIES AT A TEN-YEAR CONSTANT  MATU-
   31  RITY  FOR  THE  TWELVE-MONTH  PERIOD PRECEDING AUGUST FIRST OF EACH YEAR
   32  PLUS ONE PERCENTAGE  POINT.  THE  INTEREST  RATE  ASSOCIATED  WITH  SUCH
   33  DEFERRED  EMPLOYER  CONTRIBUTION AMOUNT SHALL BE SPECIFIC TO THE RATE AS
   34  MEASURED ON AUGUST FIRST OF THE APPLICABLE PLAN YEAR  TO  SUCH  DEFERRED
   35  AMOUNT.  PAYMENTS  OF  THE STABLE INSTALLMENTS SHALL BE MADE IN THE SAME
   36  MANNER AS OTHER EMPLOYER CONTRIBUTIONS AS PRESCRIBED IN THIS ARTICLE.
   37    M. THE RETIREMENT BOARD IS AUTHORIZED TO PROMULGATE  RULES  AND  REGU-
   38  LATIONS FOR IMPLEMENTATION OF THIS SUBDIVISION.
   39    S 5. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill would amend Section 19-a and Section 319-a of the Retirement
       and Social Security Law as it pertains to employer bills of the New York
       State and Local Employees Retirement System (ERS) and the New York State
       and  Local  Police and Fire Retirement System (PFRS). Eligible employers
       would be  allowed  to  irrevocably  elect  an  alternative  amortization
       program which specifies:
         1.  The  graded  rate for contributions payable in fiscal years ending
       2014 and 2015 will be 12.0% for employers in  the  New  York  State  and
       Local  Employees  Retirement System (ERS) and 20.0% for employers in the
       New York State and Local Police and Fire Retirement System (PFRS).
         2. The graded rate will move toward the actuarially required  rate  by
       no more than 0.5% per year from the prior year's graded rate.
         3.  Electing employers may amortize contributions based on the differ-
       ence between the actuarially required rate and the graded rate over a 12
       year period at the 10 year treasury rate interpolated to 12  years  plus
       100 basis points.
       S. 2607--D                         124                        A. 3007--D

         This  bill puts in place a program that allows ERS and PFRS employers,
       if they choose to participate, to amortize a  larger  portion  of  their
       bill  with  their  respective  Retirement System than they are currently
       eligible under Section 19-a and Section 319-a. If  they  do  this,  then
       when  rates  are falling below certain levels and they have paid off all
       outstanding amortizations, the employer will be required  to  pay  addi-
       tional  monies  into  a  reserve  fund  that  will be used when employer
       contribution rates begin to rise in the future.
         If this bill is enacted, we estimate  that  there  would  be  a  small
       administrative  cost  to  the  System  to revise the current billing and
       business communication processes.
         Summary of relevant resources:
         Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
       membership  and  other  statistics  displayed  in the 2012 Report of the
       Actuary and 2012 Comprehensive Annual Financial Report.
         Assumptions and Methods: 2010, 2011 and  2012  Annual  Report  to  the
       Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
       State of New York: Audit and Control.
         Market  Assets and GASB Disclosures: March 31, 2012 New York State and
       Local Retirement System Financial Statements and Supplementary  Informa-
       tion.
         Valuations of Benefit Liabilities and Actuarial Assets:  summarized in
       the 2012 Actuarial Valuations report.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained.
         This  estimate,  dated March 19, 2013 and intended for use only during
       the 2013 Legislative Session, is Fiscal Note No.  2013-70,  prepared  by
       the Actuary for the ERS and PFRS.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         This  fiscal  note was requested by the New York State Division of the
       Budget. Pursuant to Section 50 of the Legislative Law, the  fiscal  note
       that must be appended in its entirety to this bill is:
         This  bill  would  amend  the Education Law to add an optional payment
       program for payment of employer contributions  to  the  New  York  State
       Teachers'  Retirement System (NYSTRS). The bill would add a new subdivi-
       sion 3 to Section 521 which would permit the Retirement Board  to  allow
       employers  of  members  of  NYSTRS to elect to pay a stable contribution
       rate in lieu of the annually  calculated  actuarially-required  contrib-
       utions due for each of the next seven plan years beginning with the July
       first,  two thousand thirteen through June thirtieth, two thousand four-
       teen plan year.
         The stable contribution rate shall be fourteen percent of such employ-
       er's pensionable compensation paid during the plan year, for the term of
       the program beginning with the July first, two thousand thirteen through
       June thirtieth, two thousand fourteen plan year.  This  stable  contrib-
       ution rate shall be exclusive of payments for group term life insurance,
       deficiency  contributions,  adjustments  relating to prior fiscal years'
       obligations, obligations pertaining  to  retirement  incentives  or  any
       other  obligation  that the employer is permitted to pay on an amortized
       basis.
         The Retirement Board is authorized to increase the stable contribution
       rate by up to two percentage points in plan years beginning July  first,
       two  thousand fifteen and July first, two thousand seventeen. The stable
       contribution rate may not exceed eighteen percent and it may not be less
       than fourteen percent.
       S. 2607--D                         125                        A. 3007--D

         In the sixth year, the fiscal year commencing July first, two thousand
       eighteen, employers who elected program participation shall continue  to
       contribute the stable contribution rate and in addition shall contribute
       a  stable  payment  to  the  retirement  system  to pay back the accrued
       deferred employer contributions accumulated in the first five years. The
       stable  payment  shall  be paid to the retirement system in equal annual
       installments over a  five-year  period,  with  interest  on  the  unpaid
       portion to be based on the monthly average yield on United States treas-
       ury  securities  at  a  ten-year  constant maturity for the twelve month
       period preceding August first of each year plus one percentage point.
         In the eighth year, the fiscal year commencing July first,  two  thou-
       sand  twenty,  all  employers having elected program participation shall
       resume payment of the annually calculated actuarially-required  contrib-
       ution.  Additionally there will be a payment to the retirement system to
       pay  back  the  deferred employer contributions accumulated in years six
       and seven. The stable payment shall be paid to the retirement system  in
       equal  annual  installments over a five-year period with interest on the
       unpaid portion to be based on the monthly average yield on United States
       treasury securities at a ten-year constant maturity for the twelve month
       period preceding August first of each year plus one percentage point.
         An employer must elect to participate in the program in the plan  year
       beginning July first, two thousand thirteen. An employer may subsequent-
       ly elect to terminate participation in the program and resume payment of
       the  annually calculated actuarially-required contribution. Additionally
       such employer will make a reconciliation payment intended  to  fund  any
       deficiencies that have accrued along with interest due to the actuarial-
       ly-required  contributions  being in excess of the contributions paid by
       the employer during participation in  the  program.  The  reconciliation
       payment shall be made over a period not to exceed five years.
         Should  the  funded  status  of the retirement system become less than
       eighty percent at the end of any plan year, the program  shall  end  and
       employers  who  have  elected  the program shall contribute the annually
       calculated actuarially-required contributions  in  the  succeeding  plan
       year, along with a reconciliation payment intended to fund any deficien-
       cies  that  have  accrued along with interest due to the actuarially-re-
       quired contributions being in excess of the contributions  paid  by  the
       employer during participation in the program. The reconciliation payment
       shall be made over a period not to exceed five years.
         Cost  Impact  - This bill would permit a change in the manner in which
       employer contributions are to be collected over the  next  seven  years.
       Employer  contributions  would  continue  to be determined in accordance
       with an annual actuarial valuation, but employers who elect  to  partic-
       ipate would be permitted to defer payment of a portion of their required
       contribution  above a fixed amount (14% increased by 2.0% in years three
       and five, as needed, to a maximum of 18%). The annual deficiency amounts
       will be accumulated with an interest rate to be  based  on  the  monthly
       average  yield  on  United  States  treasury  securities  at  a ten-year
       constant maturity plus one percentage point. Deficiencies accumulated in
       program years one through five will be paid back over a five year period
       with the first payment due for the fiscal year beginning July first, two
       thousand eighteen and deficiencies accumulated in program years six  and
       seven  will  be paid back over a five year period with the first payment
       due for the fiscal year beginning July first, two thousand twenty. There
       could be a cost to the System to the extent that the System  could  have
       achieved  a  higher investment return on the deficiency amounts than the
       interest that employers will pay.
       S. 2607--D                         126                        A. 3007--D

         According to a stochastic analysis of this proposed plan,  the  proba-
       bility  of  System  failure,  with failure being defined as the System's
       funded ratio falling to 30% or lower, is only slightly higher under this
       proposal than it is under the current annually adjusting actuarial-fund-
       ing  method,  with  both  probabilities  less  than  1.5%. This analysis
       assumes contributions are made as required and after the seven years the
       System returns to collecting the  annual  actuarially-required  employer
       contribution on time and in full from all employers.
         The  actuarially-required  employer  contribution  rates which will be
       applicable to the next seven fiscal years are as yet unknown, except for
       the first year. The actuarially-determined  rate  to  be  applicable  to
       member compensation paid during the '13-'14 plan year is estimated to be
       equal to 16.25%.
         The  source  of  this  estimate is Fiscal Note 2013-15 dated March 19,
       2013 prepared by the Actuary of the New York State Teachers'  Retirement
       System and is intended for use only during the 2013 Legislative Session.
       I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
       Retirement System. I am a member of the American  Academy  of  Actuaries
       and  I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.

    1                                   PART CC

    2    Section 1. State agencies including but not limited to the  department
    3  of  health,  the office of children and family services and the division
    4  of criminal justice services are authorized to enter into contracts  for
    5  services  and expenses of pay for success initiatives to improve program
    6  outcomes in the program areas of health care, early  childhood  develop-
    7  ment,  child welfare and public safety. Such services and expenses shall
    8  include contract payments to intermediary organizations responsible  for
    9  raising  funds  to  support  project  costs and managing the delivery of
   10  services by direct service providers, contract payments for the  verifi-
   11  cation  and  validation of program outcomes achieved, and payments based
   12  on the achievement and validation of  specific  performance  targets  as
   13  agreed upon in contracts and other agreements that are a part of pay for
   14  success  initiatives,  subject  to appropriation. Intermediary organiza-
   15  tions shall be  selected  through  a  competitive  process  pursuant  to
   16  sections  112  and 163 of the state finance law and awarded according to
   17  best value. Direct service providers shall not  include  any  for-profit
   18  corporation or other for-profit entity or organization.
   19    S  2.  No  pay for success initiatives shall be undertaken pursuant to
   20  this act unless the director  of  budget  determines  that  there  is  a
   21  reasonable  expectation  that  the initiative and related administration
   22  costs will generate savings to the state and or local governments net of
   23  any payments pursuant to any  appropriation  authorizing  funding  under
   24  this  act.  Funding  provided  for pay for success initiatives shall not
   25  supplant any other funding for services in such program areas.
   26    S 3. Any state agency authorized under section  one  of  this  act  to
   27  undertake a pay for success initiative pursuant to this act shall submit
   28  a  report  on  pay for success initiative activities and outcomes to the
   29  temporary president of the senate, the  speaker  of  the  assembly,  the
   30  minority  leader  of the senate, the minority leader of the assembly and
   31  the governor by August 1, 2017.  Such report shall include, but  not  be
   32  limited  to,  a  description  of the program, the names of participating
   33  organizations, the types of services provided,  characteristics  of  the
       S. 2607--D                         127                        A. 3007--D

    1  population  served,  performance  targets,  outcomes  and an analysis of
    2  savings achieved in particular program areas.
    3    S  4.  This act shall take effect April 1, 2013, provided however that
    4  no new program or contract may be established after March 31, 2018.

    5                                   PART DD

    6    Section 1. The private housing finance law is amended by adding a  new
    7  article 27 to read as follows:
    8                                ARTICLE XXVII
    9              RURAL AND URBAN COMMUNITY INVESTMENT FUND PROGRAM
   10  SECTION 1230. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
   11          1231. DEFINITIONS.
   12          1232. RURAL AND URBAN COMMUNITY INVESTMENT FUND.
   13    S 1230. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
   14  FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A SERIOUS NEED TO
   15  ASSIST COMMUNITIES WITH THE CREATION AND IMPROVEMENT OF AFFORDABLE HOUS-
   16  ING,  AND  THE  COMMERCIAL,  RETAIL  AND COMMUNITY FACILITIES RELATED TO
   17  MIXED  USE  AFFORDABLE  RESIDENTIAL   DEVELOPMENTS.      LOCALLY   BASED
   18  NOT-FOR-PROFIT  ORGANIZATIONS  PLAY A SIGNIFICANT ROLE IN ADDRESSING THE
   19  UNIQUE CHARACTERISTICS OF RURAL AND URBAN  COMMUNITIES.    PARTNERSHIPS,
   20  ALLIANCES  AND  COLLABORATIONS  WITH  CORPORATE  ENTITIES, TO THE EXTENT
   21  PRACTICABLE, WILL FOSTER CROSS-SECTOR COLLABORATION IN ORDER TO BUILD  A
   22  DIVERSE  COMMUNITY  SUPPORT  SYSTEM. THE LEGISLATURE FINDS THAT, IN BOTH
   23  RURAL AND URBAN AREAS OF THE STATE, A PROGRAM SHOULD BE  ESTABLISHED  TO
   24  FUND  THE  CREATION, PRESERVATION AND/OR IMPROVEMENT OF AFFORDABLE HOUS-
   25  ING; OR THE CREATION, PRESERVATION OR  IMPROVEMENT  OF  THE  COMMERCIAL,
   26  RETAIL  OR  COMMUNITY FACILITIES COMPONENT OF MIXED USE AFFORDABLE RESI-
   27  DENTIAL DEVELOPMENTS.
   28    S 1231. DEFINITIONS. 1. "CORPORATION" SHALL  MEAN  THE  HOUSING  TRUST
   29  FUND CORPORATION ESTABLISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   30    2.  "RURAL  AND  URBAN  COMMUNITY  INVESTMENT FUND PROGRAM" SHALL MEAN
   31  ACTIVITIES BY AN ELIGIBLE APPLICANT FOR A SPECIFIC  WORK  OR  SERIES  OF
   32  WORKS  FOR THE CREATION, PRESERVATION OR IMPROVEMENT OF AFFORDABLE HOUS-
   33  ING, OR THE CREATION, PRESERVATION OR  IMPROVEMENT  OF  THE  COMMERCIAL,
   34  RETAIL  OR  COMMUNITY FACILITIES COMPONENT OF MIXED USE AFFORDABLE RESI-
   35  DENTIAL DEVELOPMENTS, IN RURAL AND URBAN AREAS OF THE STATE.
   36     3. "RURAL AREA OF THE STATE" SHALL MEAN CITIES,  TOWNS  AND  VILLAGES
   37  HAVING  A  POPULATION OF LESS THAN TWENTY-FIVE THOUSAND AS DETERMINED BY
   38  THE LAST FEDERAL DECENNIAL CENSUS.
   39    4. "URBAN AREA OF THE STATE" SHALL MEAN ANY UNIT OF  LOCAL  GOVERNMENT
   40  WITHIN  THE STATE WITH A POPULATION OF MORE THAN OR EQUAL TO TWENTY-FIVE
   41  THOUSAND PERSONS AS DETERMINED BY THE LAST FEDERAL DECENNIAL CENSUS.
   42    5. "ELIGIBLE APPLICANT" SHALL INCLUDE A NOT-FOR-PROFIT CORPORATION  OR
   43  CHARITABLE  ORGANIZATION,  OR A WHOLLY-OWNED SUBSIDIARY OF SUCH A CORPO-
   44  RATION OR ORGANIZATION, OR A PRIVATE  FOR-PROFIT  DEVELOPER  SUCH  AS  A
   45  PERSON, CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY.
   46    6.  "AFFORDABLE  RESIDENTIAL  DEVELOPMENT"  SHALL  INCLUDE RESIDENTIAL
   47  UNITS THAT ARE RENT RESTRICTED AND  OCCUPIED  BY  PERSONS  AND  FAMILIES
   48  WHOSE  INCOME  DOES  NOT EXCEED NINETY PERCENT OF AREA MEDIAN INCOME FOR
   49  THE COUNTY IN WHICH A PROJECT IS LOCATED AS  CALCULATED  BY  THE  UNITED
   50  STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   51    S  1232.  RURAL AND URBAN COMMUNITY INVESTMENT FUND. 1. WITHIN AMOUNTS
   52  APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR,  THE  HOUSING  TRUST  FUND
   53  CORPORATION  SHALL  DEVELOP  AND  ADMINISTER A RURAL AND URBAN COMMUNITY
   54  INVESTMENT FUND PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN  THE  FORM  OF
       S. 2607--D                         128                        A. 3007--D

    1  PAYMENTS,  GRANTS AND LOANS FOR REASONABLE AND NECESSARY EXPENSES, TO AN
    2  ELIGIBLE APPLICANT FOR THE  CREATION,  PRESERVATION  OR  IMPROVEMENT  OF
    3  AFFORDABLE  HOUSING; OR THE CREATION, PRESERVATION OR IMPROVEMENT OF THE
    4  COMMERCIAL,  RETAIL  OR  COMMUNITY  FACILITIES  COMPONENT  OF  MIXED USE
    5  AFFORDABLE RESIDENTIAL DEVELOPMENTS, IN RURAL AND  URBAN  AREAS  OF  THE
    6  STATE.
    7    2.  PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
    8  RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND  AWARD  OF  PROJECTS
    9  PURSUANT  TO  THIS  SECTION  WHICH  SHALL INCLUDE:   ELIGIBILITY, MARKET
   10  DEMAND, FEASIBILITY AND  FUNDING  CRITERIA;  THE  FUNDING  DETERMINATION
   11  PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
   12  ING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA-
   13  TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
   14  ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE  CORPORATION
   15  SHALL DEEM NECESSARY OR APPROPRIATE.
   16    3.  FUND ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT
   17  TO THIS ARTICLE IN ANY  FISCAL  YEAR  SHALL  BE  ALLOCATED  TO  PROJECTS
   18  LOCATED  IN  URBAN  AREAS OF THE STATE. FORTY PERCENT OF THE TOTAL FUNDS
   19  AWARDED PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL  BE  ALLOCATED
   20  TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE.
   21    4.  FUNDING  CRITERIA. A ONE-THIRD MATCH REQUIREMENT SHALL BE REQUIRED
   22  OF ANY ELIGIBLE APPLICANT, WHICH MAY INCLUDE DONATED PROPERTY, MATERIALS
   23  OR LABOR AND OTHER RESOURCES, AND  MAY  BE  REDUCED  OR  ELIMINATED  FOR
   24  PROJECTS LOCATED WITHIN A DECLARED DISASTER AREA.
   25    5.  FUNDING  AND ANNUAL REPORT. THE CORPORATION IN ITS SOLE DISCRETION
   26  SHALL AUTHORIZE ALL FUNDING DECISIONS AND MAKE ALL AWARD  ANNOUNCEMENTS.
   27  THE  CORPORATION  SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST IN EACH YEAR
   28  SUBMIT A REPORT TO THE LEGISLATURE ON THE IMPLEMENTATION OF  THIS  ARTI-
   29  CLE.  SUCH  REPORT  SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH AWARD
   30  MADE TO A GRANTEE UNDER THIS  ARTICLE:  A  DESCRIPTION  OF  SUCH  AWARD;
   31  CONTRACT  AMOUNT  AND CUMULATIVE TOTAL; THE SPECIFIC ACTIVITIES IN RURAL
   32  AND URBAN AREAS PERFORMED BY SUCH GRANTEE; THE AMOUNTS OF  MATCH  MONIES
   33  RECEIVED  BY  THE GRANTEE FROM SOURCES OTHER THAN PAYMENTS MADE PURSUANT
   34  TO THIS ARTICLE; AND SUCH OTHER INFORMATION  AS  THE  CORPORATION  DEEMS
   35  PERTINENT.
   36    S 2. This act shall take effect immediately.

   37                                   PART EE

   38    Section  1.  Paragraph b of subdivision 2 of section 54-l of the state
   39  finance law, as added by section 1 of part J of chapter 57 of  the  laws
   40  of 2011, is amended to read as follows:
   41    b.  Within  the amounts appropriated therefor, eligible municipalities
   42  shall receive an amount equal to [forty-five] FIFTY-FIVE percent of  the
   43  state  aid  payment  received  in the state fiscal year commencing April
   44  first, two thousand eight from  an  appropriation  for  aid  to  munici-
   45  palities  with  video lottery gaming facilities[, rounded up to the next
   46  thousand dollars].
   47    S 2. This act shall take effect immediately.

   48                                   PART FF

   49    Section 1. The opening paragraph of subdivision a of section 265.20 of
   50  the penal law, as amended by chapter 496 of the laws of 1991, is amended
   51  to read as follows:
       S. 2607--D                         129                        A. 3007--D

    1    [Sections] PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF  SECTION  265.00
    2  AND  SECTIONS  265.01,  265.01-A,  SUBDIVISION  ONE OF SECTION 265.01-B,
    3  265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13,  265.15,
    4  265.36, 265.37 and 270.05 shall not apply to:
    5    S  2.  Section  265.37  of the penal law, as added by chapter 1 of the
    6  laws of 2013, is amended to read as follows:
    7  S 265.37 Unlawful possession of certain ammunition feeding devices.
    8    It shall be unlawful for a person to knowingly possess  an  ammunition
    9  feeding device [that such person lawfully possessed before the effective
   10  date  of  the  chapter  of the laws of two thousand thirteen which added
   11  this section, that has a capacity of, or that can be readily restored or
   12  converted to accept more than seven but less than ten rounds of  ammuni-
   13  tion,] where such device contains more than seven rounds of ammunition.
   14    If  such  device  containing  more  than seven rounds of ammunition is
   15  possessed within the home of the possessor, the person so possessing the
   16  device shall, for a first offense, be guilty of a violation and  subject
   17  to  a  fine  of  two hundred dollars, and for [a second] EACH SUBSEQUENT
   18  offense, be guilty of a class B misdemeanor and subject to a fine of two
   19  hundred dollars and a term of up to three months imprisonment.
   20    If such device containing more than  seven  rounds  of  ammunition  is
   21  possessed  in  any  location  other  than the home of the possessor, the
   22  person so possessing the device shall, for a first offense, be guilty of
   23  a class B misdemeanor and subject to a fine of two hundred dollars and a
   24  term of up to six months imprisonment, and for [a  second]  EACH  SUBSE-
   25  QUENT offense, be guilty of a class A misdemeanor.
   26    S  3.  Section  265.45  of the penal law, as added by chapter 1 of the
   27  laws of 2013, is amended to read as follows:
   28  S 265.45 Safe storage of rifles, shotguns, and firearms.
   29    No person who owns or is custodian of a rifle, shotgun or firearm  who
   30  resides  with  an individual who such person knows or has reason to know
   31  is prohibited from possessing a firearm pursuant to 18 U.S.C.  S  922(g)
   32  (1),  (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
   33  or firearm out of his or her immediate  possession  or  control  without
   34  having first securely locked such rifle, shotgun or firearm in an appro-
   35  priate  safe  storage depository or rendered it incapable of being fired
   36  by use of a gun locking device appropriate to that weapon. For  purposes
   37  of  this  section  "safe  storage depository" shall mean a safe or other
   38  secure container which, when locked, is incapable of being opened  with-
   39  out  the key, combination or other unlocking mechanism and is capable of
   40  preventing  an  unauthorized  person  from  obtaining  access   to   and
   41  possession of the weapon contained therein. With respect to a person who
   42  is  prohibited from possessing a firearm pursuant to 18 USC S 922(g)(9),
   43  for purposes of this section, this section applies only if  such  person
   44  has  been  convicted  of  a crime included in subdivision one of section
   45  370.15 of the criminal procedure law and such gun  is  possessed  within
   46  five  years  from  the  later of the date of conviction or completion of
   47  sentence.  NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT, IMPAIR  OR
   48  SUPERSEDE  ANY  SPECIAL  OR  LOCAL  ACT  RELATING TO THE SAFE STORAGE OF
   49  RIFLES, SHOTGUNS OR FIREARMS WHICH IMPOSE ADDITIONAL REQUIREMENTS ON THE
   50  OWNER OR CUSTODIAN OF SUCH WEAPONS.
   51    A violation of this section shall constitute a class A misdemeanor.
   52    S 4. Subdivision b of section 58 of chapter 1  of  the  laws  of  2013
   53  amending  the  criminal procedure law and other laws relating to suspen-
   54  sion and revocation of firearms licenses, is amended to read as follows:
   55    b. The amendments to subdivision 23 of section 265.00 of the penal law
   56  made by section thirty-eight of this act shall take effect on the  nine-
       S. 2607--D                         130                        A. 3007--D

    1  tieth day after this act shall have become a law, except that the amend-
    2  ments  [made  to] DESIGNATING paragraph (a) of subdivision 23 shall take
    3  effect immediately; AND PROVIDED FURTHER THAT THE EFFECTIVE DATE OF  THE
    4  AMENDMENTS  ADDING  PARAGRAPHS  (B) AND (C) TO SUCH SUBDIVISION SHALL BE
    5  SUSPENDED AND NOT EFFECTIVE;
    6    S 5. This act shall take effect immediately; provided,  however,  that
    7  sections  one  and four of this act shall be deemed to have been in full
    8  force and effect on the same date as chapter 1 of the laws of 2013  took
    9  effect.

   10                                   PART GG

   11    Section  1.  Subdivision  18 of section 2 of the workers' compensation
   12  law is REPEALED.
   13    S 2. Subdivision 9 of section 13-l of the workers'  compensation  law,
   14  as  added  by  chapter  940  of  the laws of 1973, is amended to read as
   15  follows:
   16    9. The [chairman] CHAIR shall appoint for and with jurisdiction in the
   17  entire state of  New  York  a  single  chiropractic  practice  committee
   18  composed  of [one duly licensed physician and two] THREE duly registered
   19  and licensed chiropractors of the state of New York. Each member of said
   20  committee shall receive compensation either on an annual basis or  on  a
   21  per diem basis to be fixed by the [chairman] CHAIR within amounts appro-
   22  priated  therefor.  One of said chiropractic members shall be designated
   23  by the [chairman] CHAIR as a [chairman] CHAIR of said chiropractic prac-
   24  tice committee. No member of said committee  shall  render  chiropractic
   25  treatment under this section nor be employed or accept or participate in
   26  any fee from any insurance company authorized to write [workmen's] WORK-
   27  ERS'  compensation  insurance  in  this  state or from any self-insurer,
   28  whether such employment or fee relates to a [workmen's] WORKERS' compen-
   29  sation claim or otherwise. The [attorney-general] ATTORNEY GENERAL, upon
   30  request, shall advise and assist such committee.
   31    S 3. Subdivision 10 of section 13-m of the workers' compensation  law,
   32  as  added  by  chapter  589  of  the laws of 1989, is amended to read as
   33  follows:
   34    10. The [chairman] CHAIR shall appoint for and  with  jurisdiction  in
   35  the  entire  state  of  New  York a single psychology practice committee
   36  composed of [two] THREE duly registered and licensed  psychologists,  at
   37  least  one  of  whom  shall be a member in good standing of the New York
   38  state psychological association recommended by  the  president  of  such
   39  organization[,  and  one  duly  licensed  physician  of the state of New
   40  York]. Each member of said committee shall receive  compensation  either
   41  on  an annual basis or on a per diem basis to be fixed by the [chairman]
   42  CHAIR within amounts appropriated therefor. One  of  said  psychologists
   43  shall  be  designated  by  the [chairman] CHAIR as a [chairman] CHAIR of
   44  said psychology practice committee. No member of  said  committee  shall
   45  render  psychological treatment under this section nor be an employer or
   46  accept or participate in any fee from any insurance  company  authorized
   47  to write workers' compensation insurance in this state or from any self-
   48  insurer,  whether  such  employment or fee relates to a workers' compen-
   49  sation claim or otherwise. The attorney  general,  upon  request,  shall
   50  advise and assist such committee.
   51    S  4.  Subdivisions 2, 3 and 4 of section 13-g of the workers' compen-
   52  sation law, subdivision 2 as amended by chapter 649 of the laws of 1985,
   53  subdivision 3 as amended by chapter 674 of the laws of 1994, and  subdi-
       S. 2607--D                         131                        A. 3007--D

    1  vision  4  as amended by chapter 639 of the laws of 1996, are amended to
    2  read as follows:
    3    (2)  (A)  IF  THE  PARTIES  FAIL  TO AGREE TO THE VALUE OF MEDICAL AID
    4  RENDERED UNDER THIS CHAPTER AND THE AMOUNT OF THE DISPUTED BILL  IS  ONE
    5  THOUSAND  DOLLARS OR LESS, OR IF THE AMOUNT OF THE DISPUTED MEDICAL BILL
    6  EXCEEDS ONE THOUSAND DOLLARS AND THE HEALTH CARE PROVIDER  EXPRESSLY  SO
    7  REQUESTS,  SUCH  VALUE  SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS,
    8  PURSUANT TO RULES PROMULGATED BY THE CHAIR. THE CHAIR  SHALL  APPOINT  A
    9  PHYSICIAN WHO IS A MEMBER IN GOOD STANDING OF THE MEDICAL SOCIETY OF THE
   10  STATE  OF NEW YORK TO DETERMINE THE VALUE OF SUCH DISPUTED MEDICAL BILL.
   11  WHERE THE PHYSICIAN WHOSE CHARGES ARE BEING ARBITRATED IS  A  MEMBER  IN
   12  GOOD  STANDING  OF  THE  NEW YORK OSTEOPATHIC SOCIETY, THE VALUE OF SUCH
   13  DISPUTED BILL SHALL BE DETERMINED BY A MEMBER IN GOOD  STANDING  OF  THE
   14  NEW YORK OSTEOPATHIC SOCIETY APPOINTED BY THE CHAIR. WHERE THE PHYSICIAN
   15  WHOSE  CHARGES  ARE BEING ARBITRATED IS A MEMBER IN GOOD STANDING OF THE
   16  NEW YORK HOMEOPATHIC SOCIETY, THE VALUE OF SUCH DISPUTED BILL  SHALL  BE
   17  DETERMINED  BY  A  MEMBER  IN  GOOD STANDING OF THE NEW YORK HOMEOPATHIC
   18  SOCIETY APPOINTED BY THE CHAIR. WHERE  THE  VALUE  OF  PHYSICAL  THERAPY
   19  SERVICES  OR OCCUPATIONAL THERAPY SERVICES IS AT ISSUE, SUCH VALUE SHALL
   20  BE DETERMINED BY A MEMBER IN GOOD STANDING OF A RECOGNIZED  PROFESSIONAL
   21  ASSOCIATION  REPRESENTING  ITS RESPECTIVE PROFESSION IN THE STATE OF NEW
   22  YORK APPOINTED BY THE CHAIR.  DECISIONS RENDERED UNDER THE SINGLE  ARBI-
   23  TRATOR  PROCESS  SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF
   24  THE SERVICES IN DISPUTE.
   25    (B) If the parties fail to agree  as  to  the  value  of  medical  aid
   26  rendered  under this chapter AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS
   27  ONE THOUSAND DOLLARS, such value shall  be  decided  by  an  arbitration
   28  committee   [consisting]  UNLESS  THE  HEALTH  CARE  PROVIDER  EXPRESSLY
   29  REQUESTS A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (A) OF
   30  THIS SUBDIVISION. THE ARBITRATION COMMITTEE SHALL CONSIST of one  physi-
   31  cian designated by the president of the medical society of the county in
   32  which  the medical services were rendered, one physician who is a member
   33  of the medical society of the  state  of  New  York,  appointed  by  the
   34  employer  or  carrier,  and  one physician, also a member of the medical
   35  society of the state of New York, appointed by the [chairman]  CHAIR  of
   36  the  workers'  compensation  board.  [The  majority decision of any such
   37  committee shall be conclusive upon the parties as to the  value  of  the
   38  services  rendered.] If the physician whose charges are being arbitrated
   39  is a member in good standing of the New York osteopathic society or  the
   40  New  York homeopathic society, the members of such arbitration committee
   41  shall be physicians of such organization, one to  be  appointed  by  the
   42  president  of  that organization, one by the employer or carrier and the
   43  third by the [chairman] CHAIR of the workers' compensation board.  Where
   44  the value of physical therapy services is at issue AND THE AMOUNT OF THE
   45  DISPUTED  BILL  EXCEEDS  ONE THOUSAND DOLLARS, the arbitration committee
   46  shall consist of a member in good standing of a recognized  professional
   47  association  representing  physical  therapists in the state of New York
   48  appointed by the president of such organization, a physician  designated
   49  by  the employer or carrier and a physician designated by the [chairman]
   50  CHAIR of the workers' compensation  board  provided  however,  that  the
   51  [chairman]  CHAIR  finds  that there are a sufficient number of physical
   52  therapy arbitrations in a geographical area comprised  of  one  or  more
   53  counties  to  warrant a committee so comprised. In all other cases where
   54  the value of physical therapy services is at issue AND THE AMOUNT OF THE
   55  DISPUTED BILL EXCEEDS ONE THOUSAND DOLLARS,  the  arbitration  committee
   56  shall  be similarly selected and identical in composition, provided that
       S. 2607--D                         132                        A. 3007--D

    1  the physical therapist member  shall  serve  without  remuneration,  and
    2  provided  further  that  in the event a physical therapist is not avail-
    3  able, the committee shall be comprised of three physicians designated in
    4  the same manner as in cases where the value of medical aid is at issue.
    5    (C)  Where  the value of occupational therapy services is at issue the
    6  arbitration committee shall consist of a member in good  standing  of  a
    7  recognized professional association representing occupational therapists
    8  in  the  state  of New York appointed by the president of such organiza-
    9  tion; a physician designated by the employer or carrier and a  physician
   10  designated  by  the  [chairman] CHAIR of the workers' compensation board
   11  provided, however, that the [chairman] CHAIR  finds  that  there  are  a
   12  sufficient number of occupational therapy arbitrations in a geographical
   13  area  comprised  of  one  or  more  counties  to  warrant a committee so
   14  comprised. In all other cases where the value  of  occupational  therapy
   15  services  is  at  issue  AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS ONE
   16  THOUSAND DOLLARS, the arbitration committee shall be similarly  selected
   17  and  identical  in composition, provided that the occupational therapist
   18  member shall serve without remuneration, and provided  further  that  in
   19  the  event  an  occupational  therapist  is not available, the committee
   20  shall be comprised of three physicians designated in the same manner  as
   21  in cases where the value of medical aid is at issue.  THE MAJORITY DECI-
   22  SION  OF  ANY  SUCH  ARBITRATION  COMMITTEE SHALL BE CONCLUSIVE UPON THE
   23  PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   24    (3) (A) IF AN EMPLOYER SHALL HAVE NOTIFIED THE HOSPITAL IN WRITING, AS
   25  PROVIDED IN SUBDIVISION ONE OF THIS SECTION, WHY THE BILL HAS  NOT  BEEN
   26  PAID,  IN  PART  OR  IN FULL, AND THE AMOUNT OF THE DISPUTED BILL IS ONE
   27  THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF  THE  DISPUTED  MEDICAL
   28  BILL  EXCEEDS  ONE  THOUSAND  DOLLARS  AND  THE  HOSPITAL  EXPRESSLY  SO
   29  REQUESTS, SUCH VALUE SHALL BE DECIDED BY A  SINGLE  ARBITRATOR  PROCESS,
   30  PURSUANT  TO  RULES  PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A
   31  PHYSICIAN IN GOOD STANDING LICENSED TO PRACTICE IN  NEW  YORK  STATE  TO
   32  DETERMINE THE VALUE OF SUCH DISPUTED BILL.  DECISIONS RENDERED UNDER THE
   33  ADMINISTRATIVE RESOLUTION PROCEDURE SHALL BE CONCLUSIVE UPON THE PARTIES
   34  AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   35    (B)  If  an  employer  shall have notified the hospital in writing, as
   36  provided in subdivision one of this section, why the bill has  not  been
   37  paid,  in  part  or in full, AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS
   38  ONE THOUSAND DOLLARS, the value of such bill shall be determined  by  an
   39  arbitration  committee  appointed  by  the chair for that purpose, which
   40  committee shall consider all of the charges of the hospital, UNLESS  THE
   41  HOSPITAL  EXPRESSLY  REQUESTS  A  SINGLE  ARBITRATOR PROCESS PURSUANT TO
   42  PARAGRAPH (A) OF THIS SUBDIVISION.  The committee shall consist of three
   43  physicians. One member of the committee may be  nominated  [to]  BY  the
   44  chair  [by] UPON RECOMMENDATION OF the president of the hospital associ-
   45  ation of New York state and one member may be nominated by the  employer
   46  or  insurance carrier. The majority decision of any such committee shall
   47  be conclusive upon the parties as to the value of the services rendered.
   48  The chair may make reasonable rules and regulations consistent with  the
   49  provisions of this section.
   50    (4)  A provider initiating an arbitration, INCLUDING A SINGLE ARBITRA-
   51  TOR PROCESS, pursuant to this section shall pay a fee as  determined  by
   52  regulations  promulgated  by  the  chair,  to be used to cover the costs
   53  related to the conduct of such arbitration.  Upon resolution in favor of
   54  such party, the amount due, based upon the bill  in  dispute,  shall  be
   55  increased  by the amount of the fee paid by such party.  Where a partial
   56  award is made, the amount due, based upon the bill in dispute, shall  be
       S. 2607--D                         133                        A. 3007--D

    1  increased  by a part of such fee.  Each member of an arbitration commit-
    2  tee for medical bills, and each member of an arbitration  committee  for
    3  hospital  bills shall be entitled to receive and shall be paid a fee for
    4  each  day's  attendance at an arbitration session in any one count in an
    5  amount fixed by the chair of the workers' compensation board.
    6    S 5. Subdivision 6 of section 13-k of the workers'  compensation  law,
    7  as  amended  by  chapter  639 of the laws of 1996, is amended to read as
    8  follows:
    9    6. (A) The provisions of subdivisions one and three of  section  thir-
   10  teen-g  of  this  article  with  respect to the conditions under which a
   11  hospital, physician or self-employed physical or occupational  therapist
   12  may  request  payment  or arbitration of a bill, or under which an award
   13  may be made for payment of such  bill,  shall  be  applicable  to  bills
   14  rendered by a podiatrist for services rendered to an injured employee.
   15    (B)  IF  THE  PARTIES  FAIL  TO AGREE AS TO THE VALUE OF PODIATRY CARE
   16  RENDERED UNDER THIS CHAPTER  TO  A  CLAIMANT,  AND  THE  AMOUNT  OF  THE
   17  DISPUTED  BILL  IS  ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF
   18  THE DISPUTED BILL  EXCEEDS  ONE  THOUSAND  DOLLARS  AND  THE  PODIATRIST
   19  EXPRESSLY  SO REQUESTS, SUCH VALUE SHALL BE DECIDED BY A SINGLE ARBITRA-
   20  TOR PROCESS, PURSUANT TO RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL
   21  APPOINT A MEMBER IN GOOD STANDING OF A RECOGNIZED  PROFESSIONAL  ASSOCI-
   22  ATION REPRESENTING PODIATRISTS IN THE STATE OF NEW YORK TO DETERMINE THE
   23  VALUE  OF  SUCH DISPUTED BILL. DECISIONS RENDERED UNDER THE SINGLE ARBI-
   24  TRATOR PROCESS SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE  VALUE  OF
   25  THE SERVICES IN DISPUTE.
   26    (C)  If  the  parties  fail  to agree as to the value of podiatry care
   27  rendered under this chapter to a claimant AND THE AMOUNT OF THE DISPUTED
   28  BILL EXCEEDS ONE THOUSAND DOLLARS AND THE PODIATRIST DOES NOT  EXPRESSLY
   29  REQUEST  A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
   30  THIS SUBDIVISION, such value shall be decided by an arbitration  commit-
   31  tee consisting of three duly registered and licensed podiatrists who are
   32  members  of  a  recognized  professional association representing podia-
   33  trists in the state of New York, one to be appointed by the president of
   34  such an association, one to be appointed by the employer or carrier  and
   35  one  to be appointed by the chair of the workers' compensation board and
   36  the majority decision of such committee shall  be  conclusive  upon  the
   37  parties as to the value of the services rendered.
   38    (D)  The  board  or  the  chair may make an award not in excess of the
   39  established fee schedules for  any  such  bill  or  part  thereof  which
   40  remains  unpaid  in the same manner as an award for bills rendered under
   41  subdivisions one and three of section thirteen-g of  this  article,  and
   42  such  award  may  be  collected  in  like  manner as an [aware] AWARD of
   43  compensation.  Where a podiatrist's bill has been determined to  be  due
   44  and  owing  in  accordance with the provisions of this section the board
   45  shall include in the amount of the award interest of not more  than  one
   46  and  one-half  percent  (1  1/2%) per month payable to the podiatrist in
   47  accordance with the rules and regulations promulgated by the board.  The
   48  chair  shall  assess  the  sum of fifty dollars against the employer for
   49  each such award made by the board, which sum  shall  be  paid  into  the
   50  state treasury.
   51    (E)  A  provider  initiating  an arbitration, INCLUDING A SINGLE ARBI-
   52  TRATION PROCESS, pursuant to this section shall pay a fee, as determined
   53  by regulations promulgated by the chair, to be used to cover  the  costs
   54  related  to the conduct of such arbitration. Upon resolution in favor of
   55  such party, the amount due, based upon the bill  in  dispute,  shall  be
   56  increased  by  the amount of the fee paid by such party. Where a partial
       S. 2607--D                         134                        A. 3007--D

    1  award is made, the amount due, based upon the bill in dispute  shall  be
    2  increased  by a part of such fee. Each member of the arbitration commit-
    3  tee shall be entitled to receive and shall be paid a fee for each  day's
    4  attendance  at an arbitration session in an amount fixed by the chair of
    5  the workers' compensation board.
    6    S 6. Subdivision 6 of section 13-l of the workers'  compensation  law,
    7  as  amended  by  chapter  639 of the laws of 1996, is amended to read as
    8  follows:
    9    6. (A) The provisions of subdivisions one and three of  section  thir-
   10  teen-g  of  this  article  with  respect to the conditions under which a
   11  hospital, physician or self-employed physical or occupational  therapist
   12  may  request  payment  or arbitration of a bill, or under which an award
   13  may be made for payment of such  bill,  shall  be  applicable  to  bills
   14  rendered by a chiropractor for services rendered to an injured employee.
   15    (B)  IF THE PARTIES FAIL TO AGREE AS TO THE CHIROPRACTIC CARE RENDERED
   16  UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE DISPUTED BILL IS
   17  ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE  DISPUTED  BILL
   18  EXCEEDS ONE THOUSAND DOLLARS AND THE CHIROPRACTOR EXPRESSLY SO REQUESTS,
   19  SUCH  VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO
   20  RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A MEMBER IN GOOD
   21  STANDING OF A RECOGNIZED PROFESSIONAL  ASSOCIATION  REPRESENTING  CHIRO-
   22  PRACTORS  IN  THE  STATE  OF  NEW  YORK  TO  DETERMINE THE VALUE OF SUCH
   23  DISPUTED BILL. DECISIONS RENDERED UNDER THE  SINGLE  ARBITRATOR  PROCESS
   24  SHALL  BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN
   25  DISPUTE.
   26    (C) If the parties fail to agree as to the chiropractic care  rendered
   27  under  this  chapter  to a claimant, AND THE AMOUNT OF THE DISPUTED BILL
   28  EXCEEDS ONE THOUSAND DOLLARS AND THE  CHIROPRACTOR  DOES  NOT  EXPRESSLY
   29  REQUEST  A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
   30  THIS SUBDIVISION, such value shall be decided by the chiropractic  prac-
   31  tice  committee  and  the  majority  decision of such committee shall be
   32  conclusive upon the parties as to the value of the services rendered.
   33    (D) The board or the chair may make an award  not  in  excess  of  the
   34  established  fee  schedules  for  any  such  bill  or part thereof which
   35  remains unpaid in the same manner as an award for bills  rendered  under
   36  subdivisions  one  and  three of section thirteen-g of this article, and
   37  such award may be collected in like manner as an award of  compensation.
   38  Where  a  chiropractor's bill has been determined to be due and owing in
   39  accordance with the provisions of this section the board  shall  include
   40  in  the  amount  of the award interest of not more than one and one-half
   41  percent (1 1/2%) per month payable to  the  chiropractor  in  accordance
   42  with the rules and regulations promulgated by the board. The chair shall
   43  assess the sum of fifty dollars against the employer for each such award
   44  made by the board, which sum shall be paid into the state treasury.
   45    (E)  A provider initiating an arbitration, INCLUDING A SINGLE ARBITRA-
   46  TOR PROCESS, pursuant to this section shall pay a fee, as determined  by
   47  regulations  promulgated  by  the  chair,  to be used to cover the costs
   48  related to the conduct of such arbitration. Upon resolution in favor  of
   49  such  party,  the  amount  due, based upon the bill in dispute, shall be
   50  increased by the amount of the fee paid by such party. Where  a  partial
   51  award  is made, the amount due, based upon the bill in dispute, shall be
   52  increased by a part of such fee.
   53    S 7. Subdivision 7 of section 13-m of the workers'  compensation  law,
   54  as  amended by chapter 674 of the laws of 1994, paragraph (c) as amended
   55  by chapter 639 of the laws of 1996, is amended to read as follows:
       S. 2607--D                         135                        A. 3007--D

    1    7. (a) The provisions of subdivisions one and three of  section  thir-
    2  teen-g  of  this  article  with  respect to the conditions under which a
    3  hospital, physician or self-employed physical or occupational  therapist
    4  may  request  payment  or arbitration of a bill, or under which an award
    5  may  be  made  for  payment  of  such bill, shall be applicable to bills
    6  rendered by a psychologist for services rendered to an injured employee.
    7    (B) IF THE PARTIES FAIL TO AGREE AS TO THE PSYCHOLOGICAL CARE RENDERED
    8  UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE DISPUTED BILL IS
    9  ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE  DISPUTED  BILL
   10  EXCEEDS ONE THOUSAND DOLLARS AND THE PSYCHOLOGIST EXPRESSLY SO REQUESTS,
   11  SUCH  VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO
   12  RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A MEMBER IN GOOD
   13  STANDING OF A RECOGNIZED PROFESSIONAL ASSOCIATION REPRESENTING  PSYCHOL-
   14  OGISTS  IN THE STATE OF NEW YORK TO DETERMINE THE VALUE OF SUCH DISPUTED
   15  BILL. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR  PROCESS  SHALL  BE
   16  CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   17    (C) If the parties fail to agree as to the psychological care rendered
   18  under  this  chapter  to a claimant, AND THE AMOUNT OF THE DISPUTED BILL
   19  EXCEEDS ONE THOUSAND DOLLARS AND THE  PSYCHOLOGIST  DOES  NOT  EXPRESSLY
   20  REQUEST  A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
   21  THIS SUBDIVISION, such value shall be decided by the psychology practice
   22  committee and the majority decision of such committee shall  be  conclu-
   23  sive upon the parties as to the value of the services rendered.
   24    (D)  The  board  or  the  chair may make an award not in excess of the
   25  established fee schedules for  any  such  bill  or  part  thereof  which
   26  remains  unpaid  in the same manner as an award for bills rendered under
   27  subdivisions one and three of section thirteen-g of  this  article,  and
   28  such  award may be collected in like manner as an award of compensation.
   29  The chair shall assess the sum of fifty dollars against the employer for
   30  each such award made by the board, which sum  shall  be  paid  into  the
   31  state  treasury.   [(b)] Where a psychologist's bill has been determined
   32  to be due and owing in accordance with the provisions  of  this  section
   33  the  board shall include in the amount of the award interest of not more
   34  than one and one-half percent per month payable to the  psychologist  in
   35  accordance with the rules and regulations promulgated by the board.
   36    [(c)]  (E)  A  provider  initiating an arbitration, INCLUDING A SINGLE
   37  ARBITRATOR PROCESS, pursuant to this section shall pay a fee, as  deter-
   38  mined  by  regulations promulgated by the chair, to be used to cover the
   39  costs related to the conduct of such  arbitration.  Upon  resolution  in
   40  favor  of  such  party,  the amount due, based upon the bill in dispute,
   41  shall be increased by the amount of the fee paid by such party. Where  a
   42  partial  award  is made, the amount due, based upon the bill in dispute,
   43  shall be increased by a part of such fee.
   44    S 7-a.  Paragraph (a) of subdivision 6 of section 15 of  the  workers'
   45  compensation  law,  as  amended  by  chapter 689 of the laws of 2007, is
   46  amended to read as follows:
   47    (a) Compensation for permanent or temporary total disability due to an
   48  accident or disablement resulting  from  an  occupational  disease  that
   49  occurs,  (1)  on or after January first, nineteen hundred seventy-eight,
   50  shall not exceed one hundred twenty-five dollars per week,  that  occurs
   51  (2)  on  or  after July first, nineteen hundred seventy-eight, shall not
   52  exceed one hundred eighty dollars per week, that occurs (3) on or  after
   53  January  first,  nineteen  hundred  seventy-nine,  shall  not exceed two
   54  hundred fifteen dollars per week, that  occurs  (4)  on  or  after  July
   55  first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
   56  fifty-five dollars per week, that occurs (5) on  or  after  July  first,
       S. 2607--D                         136                        A. 3007--D

    1  nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
    2  dollars per week, that occurs (6)  on  or  after  July  first,  nineteen
    3  hundred  eighty-five,  shall  not exceed three hundred dollars per week,
    4  that  occurs  (7) on or after July first, nineteen hundred ninety, shall
    5  not exceed three hundred forty dollars per week;  and  in  the  case  of
    6  temporary  total  disability  shall  not be less than thirty dollars per
    7  week and in the case of permanent total disability  shall  not  be  less
    8  than  twenty dollars per week except that if the employee's wages at the
    9  time of injury are less than thirty or twenty dollars per  week  respec-
   10  tively,  he  or she shall receive his or her full weekly wages.  Compen-
   11  sation for permanent or temporary partial disability due to an  accident
   12  or disablement resulting from an occupational disease that occurs (1) on
   13  or after January first, nineteen hundred seventy-eight, shall not exceed
   14  one  hundred  five  dollars  per  week, that occurs (2) on or after July
   15  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
   16  ty-five dollars per week, that occurs (3) on or after July first,  nine-
   17  teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
   18  dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
   19  hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
   20  week, that occurs (5) on or after July first, nineteen  hundred  ninety,
   21  shall  not  exceed two hundred eighty dollars per week; nor be less than
   22  twenty dollars per week; except that if the employee's wages at the time
   23  of injury are less than twenty dollars per week, he or she shall receive
   24  his or her full weekly wages.   In  no  event  shall  compensation  when
   25  combined  with  decreased earnings or earning capacity exceed the amount
   26  of wages which the  employee  was  receiving  at  the  time  the  injury
   27  occurred. Compensation for permanent or temporary partial disability, or
   28  for  permanent or temporary total disability due to an accident or disa-
   29  blement resulting from an occupational disease that  occurs  (1)  on  or
   30  after  July  first, nineteen hundred ninety-one and prior to July first,
   31  nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
   32  dollars  per  week; (2) on or after July first, nineteen hundred ninety-
   33  two, shall not exceed four hundred dollars per week; nor  be  less  than
   34  forty  dollars  per week except that if the employee's wages at the time
   35  of injury are less than forty  dollars  per  week,  the  employee  shall
   36  receive  his  or her full wages. Compensation for permanent or temporary
   37  partial disability, or for permanent or temporary total  disability  due
   38  to  an  accident  or  disablement resulting from an occupational disease
   39  that occurs (1) on or after July first, two  thousand  seven  shall  not
   40  exceed  five  hundred  dollars per week, (2) on or after July first, two
   41  thousand eight shall not exceed five hundred fifty dollars per week, (3)
   42  on or after July first, two thousand nine shall not exceed  six  hundred
   43  dollars  per week, and (4) on or after July first, two thousand ten, and
   44  on or after July first of each succeeding year, shall  not  exceed  two-
   45  thirds  of  the New York state average weekly wage for the year in which
   46  it is reported. Compensation for permanent or temporary partial disabil-
   47  ity, or for permanent or temporary total disability due to  an  accident
   48  or  disablement resulting from an occupational disease that occurs on or
   49  after July first, two thousand seven shall not be less than one  hundred
   50  dollars  per  week  except  that  if the employee's wages at the time of
   51  injury are less than one hundred dollars per week,  the  employee  shall
   52  receive  his or her full wages.  COMPENSATION FOR PERMANENT OR TEMPORARY
   53  PARTIAL DISABILITY, OR FOR PERMANENT OR TEMPORARY TOTAL  DISABILITY  DUE
   54  TO  AN  ACCIDENT  OR  DISABLEMENT RESULTING FROM AN OCCUPATIONAL DISEASE
   55  THAT OCCURS ON OR AFTER MAY FIRST, TWO THOUSAND THIRTEEN  SHALL  NOT  BE
   56  LESS  THAN ONE HUNDRED FIFTY DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOY-
       S. 2607--D                         137                        A. 3007--D

    1  EE'S WAGES AT THE TIME OF INJURY ARE LESS THAN ONE HUNDRED FIFTY DOLLARS
    2  PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no  event
    3  shall  compensation  when  combined  with  decreased earnings or earning
    4  capacity  exceed  the  amount of wages the employee was receiving at the
    5  time the  injury  occurred.  Compensation  for  permanent  or  temporary
    6  partial  disability,  or for permanent or temporary total disability due
    7  to an accident or disablement resulting from an occupational disease  or
    8  injury  that  occurred as a result of World Trade Center rescue activity
    9  by an employee of a private voluntary hospital, who  passed  a  physical
   10  examination  upon  employment  as  a rescue worker that failed to reveal
   11  evidence of a condition that was the proximate cause of  disablement  or
   12  occupational  disease  or  injury,  shall not exceed three-quarters of a
   13  claimant's wage on September eleventh, two thousand  one.  In  no  event
   14  shall  compensation  when  combined  with  decreased earnings or earning
   15  capacity exceed the amount  of  wages  the  employee  was  receiving  on
   16  September eleventh, two thousand one.
   17    S  8.  Paragraph  (h)  of  subdivision 8 of section 15 of the workers'
   18  compensation law, as amended by chapter 6 of the laws of 2007,  subpara-
   19  graph  4 as amended by section 1 of part QQ of chapter 56 of the laws of
   20  2009, the opening paragraph and clauses (A) and (B) of subparagraph 4 as
   21  amended by section 1 of part G of chapter 57 of the laws  of  2011,  and
   22  clause (B) of subparagraph 4 as further amended by section 104 of part A
   23  of chapter 62 of the laws of 2011, is amended to read as follows:
   24    (h)  Special  disability  fund. (1) The fund heretofore maintained and
   25  provided for by  and  pursuant  to  former  subdivision  eight  of  this
   26  section, is hereby continued and shall retain the liabilities heretofore
   27  charged or chargeable thereto under the provisions of such former subdi-
   28  vision eight of this section as it existed immediately prior to the time
   29  this  subdivision,  as  hereby  added, takes effect, and the liabilities
   30  chargeable thereto under the provisions of former subdivision eight-a of
   31  this section as added by chapter seven hundred forty-nine of the laws of
   32  nineteen hundred forty-four and repealed at the same time this  subdivi-
   33  sion,  as  heretofore  added,  takes  effect,  and payments therefrom on
   34  account of such liabilities shall continue to be made as provided  here-
   35  in.  The  said  fund  shall  be known as the special disability fund and
   36  shall be available only for the purposes stated in this subdivision, and
   37  the assets thereof shall not at any time be appropriated or diverted  to
   38  any other use or purpose.
   39    (2)  (A) No carrier or employer, or the state insurance fund, may file
   40  a claim for reimbursement from the special disability fund, for an inju-
   41  ry or illness with a date of accident or date of disablement on or after
   42  July first, two thousand seven. No carrier or  employer,  or  the  state
   43  insurance  fund,  may  file  a  claim for reimbursement from the special
   44  disability fund after July first,  two  thousand  ten,  and  no  written
   45  submissions  or  evidence  in  support  of such a claim may be submitted
   46  after that date.
   47    (B) All requests for reimbursement from the  special  disability  fund
   48  with  a  date  of injury or date of disablement prior to July first, two
   49  thousand seven as to which the board has  determined  that  the  special
   50  disability  fund  is  liable must be submitted to the special disability
   51  fund by the later of (i) one year after the expense has  been  paid,  or
   52  (ii) one year from the effective date of this paragraph.
   53    [(C)  All  claims  for  reimbursement from the special disability fund
   54  must be accompanied by a filing fee of two hundred fifty dollars, to  be
   55  deposited  in  the special disability fund. Upon any final ruling that a
       S. 2607--D                         138                        A. 3007--D

    1  claim is eligible for reimbursement from the fund, the fund will  return
    2  two hundred dollars of this fee to the claimant.]
    3    (3)  [The chair of the board shall, as soon as practicable after April
    4  first, nineteen hundred forty-five, assess upon and  collect  from  each
    5  insurance  carrier,  including  the state insurance fund and any county,
    6  city, town, village or other political  subdivision  failing  to  secure
    7  compensation pursuant to subdivision one or two of section fifty of this
    8  chapter, a sum equal to one per centum of the total compensation paid by
    9  such  carrier  in  the year ending March thirty-first next preceding the
   10  date of such assessment.
   11    (4) As soon as practicable  after  May  first  in  the  year  nineteen
   12  hundred  fifty-eight,  and  annually  thereafter  as soon as practicable
   13  after January first in each succeeding year,] EFFECTIVE THE FIRST DAY OF
   14  JANUARY, TWO THOUSAND FOURTEEN, AND ANNUALLY THEREAFTER,  the  chair  of
   15  the  board  shall [assess upon and] collect from all [self-insurers, the
   16  state insurance fund, and all insurance carriers] AFFECTED EMPLOYERS (A)
   17  a sum equal to one hundred  fifty  per  centum  of  the  total  EXPECTED
   18  disbursements  made from the special disability fund during the [preced-
   19  ing calendar] year (not including any disbursements made on  account  of
   20  anticipated liabilities or waiver agreements funded by bond proceeds and
   21  related  earnings),  less the ESTIMATED amount of the net assets in such
   22  fund EXPECTED as of December thirty-first [of  said  preceding  calendar
   23  year,]  and  (B)  a sum sufficient to cover debt service, and associated
   24  costs (the "debt service assessment") to be  paid  during  the  calendar
   25  year  by  the  dormitory  authority,  as  calculated  in accordance with
   26  subparagraph [five] FOUR of this paragraph. Such  assessments  shall  be
   27  [allocated  to (i) self-insurers and the state insurance fund based upon
   28  the proportion that the total compensation payments made by all self-in-
   29  surers and the state insurance  fund  bore  to  the  total  compensation
   30  payments  made  by  all self-insurers, the state insurance fund, and all
   31  insurance carriers, and (ii) insurance carriers based upon  the  propor-
   32  tion that the total compensation payments made by all insurance carriers
   33  bore  to the total compensation payments by all self-insurers, the state
   34  insurance fund and all insurance carriers during the fiscal  year  which
   35  ended within said preceding calendar year.  Insurance carriers and self-
   36  insurers shall be liable for all such assessments regardless of the date
   37  on  which  they came into existence, or whether they have made any claim
   38  for reimbursement from the special disability fund. The portion of  such
   39  sum  allocated  to self-insurers and the state insurance fund that shall
   40  be collected from each self-insurer and the state insurance  fund  shall
   41  be  a  sum equal to the proportion of the amount which the total compen-
   42  sation payments of each such self-insurer or the  state  insurance  fund
   43  bore  to  the  total compensation payments made by all self-insurers and
   44  the state insurance fund during the fiscal year which ended within  said
   45  preceding  calendar year. The portion of such sum allocated to insurance
   46  carriers that shall be collected from each insurance carrier shall be  a
   47  sum  equal  to  that  proportion  of the amount which the total standard
   48  premium by each such insurance carrier bore to the total standard premi-
   49  um reported by all insurance carriers during  the  calendar  year  which
   50  ended  within  said  preceding  fiscal  year. The payments from the debt
   51  service assessment, unless otherwise set forth in the special disability
   52  fund financing agreement, are  hereby  pledged  therefor  and  shall  be
   53  deemed the first monies received on account of assessments in each year.
   54  For  the  purposes  of this paragraph, "standard premium" shall mean the
   55  premium as defined for the purposes of this  assessment  by  the  super-
   56  intendent  of  financial services, in consultation with the chair of the
       S. 2607--D                         139                        A. 3007--D

    1  board and the workers' compensation rating board. An  employer  who  has
    2  ceased  to be a self-insurer shall continue to be liable for any assess-
    3  ments into said fund on account of any compensation payments made by him
    4  or  her  on his or her account during such fiscal year, and the security
    5  fund, created under the provisions of section one hundred seven of  this
    6  chapter, shall, in the event of the insolvency of any insurance company,
    7  be  liable  for  any  assessments that would have been made against such
    8  company except for its insolvency. No assessment shall be  payable  from
    9  the  aggregate trust fund, created under the provisions of section twen-
   10  ty-seven of this article, but such fund shall continue to be liable  for
   11  all  compensation  that shall be payable under any award or order of the
   12  board, the commuted value of which has been paid into such fund.    Such
   13  assessments  when  collected shall be deposited with the commissioner of
   14  taxation and finance for the benefit  of  such  fund.  Unless  otherwise
   15  provided,  such assessments, shall not constitute an element of loss for
   16  the purpose of establishing rates for compensation insurance  but  shall
   17  for  the purpose of collection be treated as separate costs by carriers.
   18  All insurance carriers and the state insurance fund, shall collect  such
   19  assessments,  from  their  policyholders  through  a  surcharge based on
   20  premiums in accordance with rules set forth  by  the  superintendent  of
   21  financial  services  in  consultation with the New York workers' compen-
   22  sation rating board and the chair of the board. Such surcharge shall  be
   23  considered  as part of premium for purposes prescribed by law including,
   24  but not limited to, computing premium tax, reporting to the  superinten-
   25  dent of financial services pursuant to section ninety-nine of this chap-
   26  ter  and  section  three hundred seven of the insurance law, determining
   27  the limitation of expenditures  for  the  administration  of  the  state
   28  insurance  fund pursuant to section eighty-eight of this chapter and the
   29  cancellation by an insurance  carrier,  including  the  state  insurance
   30  fund,  of  a  policy  for non-payment of premium. The provisions of this
   31  paragraph shall not apply with respect to policies  containing  coverage
   32  pursuant to subsection (j) of section three thousand four hundred twenty
   33  of  the  insurance  law relating to every policy providing comprehensive
   34  personal liability insurance on a one, two, three or four family  owner-
   35  occupied  dwelling.   The state insurance fund shall notify its insureds
   36  that such assessments, shall be, for the purpose of recoupment,  treated
   37  as  separate costs, for the purpose of premiums billed on or after Octo-
   38  ber first, nineteen  hundred  ninety-four.  For  the  purposes  of  this
   39  section,  a "self-insurer" shall be: (i) an employer authorized to self-
   40  insure under subdivision three of section fifty of this chapter,  active
   41  groups  authorized  pursuant  to subdivision three-a of section fifty of
   42  this chapter or a group of employers  authorized  to  self-insure  under
   43  paragraph  ten  of subdivision three-a of section fifty of this chapter;
   44  or (ii) a public employer authorized as set  forth  in  paragraph  a  of
   45  subdivision  four  of section fifty of this chapter to self-insure under
   46  subdivision three, three-a or four of such section or  article  five  of
   47  this chapter, whether individually or as a group.
   48    For  the purposes of this paragraph, except as otherwise provided: the
   49  term "insurance carrier" shall include only stock  corporations,  mutual
   50  corporations and reciprocal insurers authorized to transact the business
   51  of  workers' compensation insurance in this state; the term "self-insur-
   52  er" shall include any employer or group of employers  permitted  to  pay
   53  compensation directly under the provisions of subdivision three, three-a
   54  or four of section fifty of this chapter.
   55    The  board  is hereby authorized to issue credits or refunds as neces-
   56  sary, in the case of overpayments made to the fund. An insurance carrier
       S. 2607--D                         140                        A. 3007--D

    1  that knowingly underreports premiums for the purposes  of  this  section
    2  shall  be  guilty  of  a class E felony] INCLUDED IN THE ASSESSMENT RATE
    3  ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE
    4  OF  THIS  CHAPTER.  SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE COMMIS-
    5  SIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE  BENEFIT  OF  SUCH
    6  FUND  FOLLOWING  PAYMENT  OF  DEBT SERVICE AND ASSOCIATED COSTS, IF ANY,
    7  PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
    8    [(5) (A)] (4) The chair and the commissioner of taxation  and  finance
    9  are authorized and directed to enter into a financing agreement with the
   10  dormitory authority, to be known as the "special disability fund financ-
   11  ing agreement." Such agreement shall set forth the process for calculat-
   12  ing the annual debt service of the bonds issued by the dormitory author-
   13  ity  and  any  other  associated  costs.  For  purposes of this section,
   14  "associated costs" may include a coverage factor, reserve fund  require-
   15  ments,  all  costs  of any nature incurred by the dormitory authority in
   16  connection with the  special  disability  fund  financing  agreement  or
   17  pursuant thereto, the operating costs of the waiver agreement management
   18  office,  the  costs  of  any  independent  audits  undertaken under this
   19  section, and any other costs for the implementation of this subparagraph
   20  and the issuance of bonds by the dormitory authority, including interest
   21  rate exchange payments, rebate payments, liquidity fees, credit provider
   22  fees, fiduciary fees, remarketing, dealer,  auction  agent  and  related
   23  fees  and  other similar bond-related expenses, unless otherwise funded.
   24  By January first of each year, the dormitory authority shall provide  to
   25  the  chair  the  calculation  of  the  amount expected to be paid by the
   26  dormitory authority in debt service and associated costs for purposes of
   27  calculating the debt service assessment as  set  forth  in  subparagraph
   28  [four]  THREE  of this paragraph.  All monies received on account of any
   29  assessment under subparagraph [four] THREE of this  paragraph  and  this
   30  subparagraph  shall  be applied in accordance with this subparagraph and
   31  in accordance with the financing agreement  until  the  financial  obli-
   32  gations  of  the dormitory authority in respect to its contract with its
   33  bondholders are met and all associated costs payable  to  the  dormitory
   34  authority  have  been  paid,  notwithstanding any other provision of law
   35  respecting secured transactions. This provision may be included  by  the
   36  dormitory  authority in any contract of the dormitory authority with its
   37  bondholders.
   38    The special disability fund financing agreement may restrict disburse-
   39  ments, investments, or rebates, and may prescribe a system  of  accounts
   40  applicable  to  the  special  disability  fund,  including custody of an
   41  account with a trust indenture trustee that may  be  prescribed  by  the
   42  dormitory  authority  as  part of its contract with the bondholders. For
   43  purposes of this paragraph, the term "bonds" shall include notes  issued
   44  in  anticipation of the issuance of bonds, or notes issued pursuant to a
   45  commercial paper program.
   46    [(B) The chair may conduct periodic audits of any self-insurer, insur-
   47  ance carrier and the state insurance fund concerning any information  or
   48  payment required under this paragraph including any information relevant
   49  to  the  payment  or  calculation  of any assessments. The self-insurer,
   50  insurance carrier and the state insurance fund shall provide all  neces-
   51  sary  documents  and  information  in  relation  to an audit in a manner
   52  prescribed by the chair. Upon the determination  of  the  chair  that  a
   53  self-insurer,  insurance  carrier or the state insurance fund has under-
   54  paid an assessment as a result of its inaccurate reporting, the self-in-
   55  surer, insurance carrier or the state insurance fund  upon  notice  from
   56  the  chair, shall pay the full amount of the underpaid assessment, along
       S. 2607--D                         141                        A. 3007--D

    1  with interest at the rate of nine per  cent  per  annum  on  the  unpaid
    2  assessment due not later than thirty days after such notice.
    3    (6)] (5) The commissioner of taxation and finance is hereby authorized
    4  to  receive  and  credit to such special disability fund any sum or sums
    5  that may at any time be contributed to the state by the United States of
    6  America under any act of congress, or otherwise, to which the state  may
    7  be or become entitled by reason of any payments made out of such fund.
    8    [(7)] (6) The commissioner of taxation and finance shall be the custo-
    9  dian  of  said  fund  and,  unless otherwise provided for in the special
   10  disability fund financing agreement, shall invest any surplus or reserve
   11  moneys thereof in securities  which  constitute  legal  investments  for
   12  savings  banks  under  the  laws  of  this state and in interest bearing
   13  certificates of deposit of a bank or trust company located  and  author-
   14  ized  to do business in this state or of a national bank located in this
   15  state secured by a pledge of direct obligations of the United States  or
   16  of  the  state  of  New  York  in  an amount equal to the amount of such
   17  certificates of deposit, and may sell any of the securities  or  certif-
   18  icates  of  deposit  in which such fund is invested if necessary for the
   19  proper administration or in the best interest of  such  fund.  Disburse-
   20  ments  from  such  fund as provided by this subdivision shall be made by
   21  the commissioner of taxation and finance upon  vouchers  signed  by  the
   22  chair  of  the  board  unless  the financing agreement provides for some
   23  other means of authorizing such disbursements that is no less protective
   24  of the fund.
   25    The commissioner of taxation and finance, as custodian of  such  fund,
   26  annually  as  soon  as practicable after January first, shall furnish to
   27  the chair of the workers' compensation board a statement  of  the  fund,
   28  setting forth the balance of moneys in the said fund as of the beginning
   29  of  the  calendar  year, the income of the fund, the summary of payments
   30  out of the fund on account of reimbursements and other  charges  ordered
   31  to  be  paid  by  the board, and all other charges against the fund, and
   32  setting forth the balance of the fund remaining to its credit on  Decem-
   33  ber  thirty-first.  Such statement shall be open to public inspection in
   34  the office of the secretary of the board. The chair, not less than nine-
   35  ty days after the issuance of the dormitory  authority's  annual  audit,
   36  shall  furnish  to the temporary president of the senate and the speaker
   37  of the assembly the following reports on the special disability fund:  a
   38  revenue  and  operating  expense  statement;  a financing plan; a report
   39  concerning the assets and liabilities; the number of  waiver  agreements
   40  entered  into  by  the waiver agreement management office; the number of
   41  claimants remaining in the fund; the estimated current unfunded  liabil-
   42  ity  of the fund with respect to such claims; and a debt issuance report
   43  including but not limited to (i) pledged assessment revenue and  securi-
   44  tization  coverage,  (ii)  debt  service maturities, (iii) interest rate
   45  exchange or similar agreements, and (iv) financing and issuance costs.
   46    The commissioner of taxation and  finance  may  establish  within  the
   47  special  disability  fund  such  accounts  and sub-accounts as he or she
   48  deems useful for the operation of the fund, or as necessary to segregate
   49  moneys within the fund, subject  to  the  provisions  of  the  financing
   50  agreement. The waiver agreement management office, as defined in section
   51  thirty-two  of  this  article,  shall make application to the chair on a
   52  quarterly basis for any administrative costs incurred by the office.
   53    S 9. Paragraph (i) of subdivision 8 of  section  15  of  the  workers'
   54  compensation  law,  as  amended  by  chapter 635 of the laws of 1996, is
   55  amended to read as follows:
       S. 2607--D                         142                        A. 3007--D

    1    (i) When an application for  apportionment  of  compensation  is  made
    2  under  this  subdivision,  the  chair of the workers' compensation board
    3  shall appoint [a representative of] AN ATTORNEY TO REPRESENT AND  DEFEND
    4  such  fund  in  such  proceedings[,  but  whenever it shall appear that,
    5  through  any  committee,  board  or  organization  representative of the
    6  interest of employers  or  insurance  carriers,  an  attorney  has  been
    7  appointed  to  act  for  and  on  behalf of such employers and insurance
    8  carriers generally to represent such fund  in  any  proceedings  brought
    9  hereunder,  the  chair  of  the board may designate such attorney as the
   10  representative of such special disability fund in proceedings  involving
   11  claims  against such fund].  Such [representative] ATTORNEY shall there-
   12  after be given notice of all proceedings involving the rights  or  obli-
   13  gations  of  such fund. Such [representative] ATTORNEY  may apply to the
   14  chair of the board for authority to hire such medical and other  experts
   15  and to defray the expense thereof and of such witnesses as may be neces-
   16  sary  to  a  proper  defense  of  any  claim,  within  an  amount in the
   17  discretion of the chair and, if  authorized,  such  amount  shall  be  a
   18  charge against such special disability fund.
   19    The  provisions  of  this chapter with respect to procedure, except as
   20  may be otherwise provided in this subdivision, and the right  of  appeal
   21  shall  be preserved to the claimant and to the employer or his insurance
   22  carrier and to such fund through its [representative  and]  attorney  as
   23  herein provided.
   24    S 10. Section 23 of the workers' compensation law, as amended by chap-
   25  ter 6 of the laws of 2007, is amended to read as follows:
   26    S  23.  Appeals.  An award or decision of the board shall be final and
   27  conclusive upon all questions within its jurisdiction,  as  against  the
   28  state fund or between the parties, unless reversed or modified on appeal
   29  therefrom  as  hereinafter  provided.  Any  party may within thirty days
   30  after notice of the filing of an award or decision of  a  referee,  file
   31  with  the  board an application in writing for a modification or rescis-
   32  sion or review of such award or decision, as provided in  this  chapter.
   33  The board shall render its decision upon such application in writing and
   34  shall include in such decision a statement of the facts which formed the
   35  basis  of its action on the issues raised before it on such application.
   36  Within thirty days after notice of the decision of the board  upon  such
   37  application  has  been  served  upon  the parties, or within thirty days
   38  after notice of an administrative redetermination review decision by the
   39  chair pursuant to subdivision five of  section  fifty-two,  section  one
   40  hundred  thirty-one  or  section one hundred forty-one-a of this chapter
   41  has been served upon any party in interest, an appeal may be taken ther-
   42  efrom to the appellate division of the supreme court, third  department,
   43  by  any  party  in  interest, including an employer insured in the state
   44  fund; provided, however, that [if the decision or determination was that
   45  of a panel of the board and there was a dissent from  such  decision  or
   46  determination  other  than a dissent the sole basis of which is to refer
   47  the case to an impartial specialist,] any party in interest  may  within
   48  thirty  days  after  notice  of the filing of the board panel's decision
   49  with the secretary of the board, make application in writing for  review
   50  thereof  by the full board[, and].  IF THE DECISION OR DETERMINATION WAS
   51  THAT OF A PANEL OF THE BOARD AND THERE WAS A DISSENT FROM SUCH  DECISION
   52  OR  DETERMINATION  OTHER  THAN  A  DISSENT THE SOLE BASIS OF WHICH IS TO
   53  REFER THE CASE TO AN IMPARTIAL SPECIALIST, the full board  shall  review
   54  and affirm, modify or rescind such decision or determination in the same
   55  manner  as  herein above provided for an award or decision of a referee.
   56  IF THE DECISION OR DETERMINATION WAS THAT OF A UNANIMOUS  PANEL  OF  THE
       S. 2607--D                         143                        A. 3007--D

    1  BOARD,  OR  THERE  WAS A DISSENT FROM SUCH DECISION OR DETERMINATION THE
    2  SOLE BASIS OF WHICH IS TO REFER THE CASE TO AN IMPARTIAL SPECIALIST, THE
    3  BOARD MAY IN ITS SOLE DISCRETION REVIEW AND AFFIRM,  MODIFY  OR  RESCIND
    4  SUCH  DECISION  OR  DETERMINATION  IN  THE  SAME  MANNER AS HEREIN ABOVE
    5  PROVIDED FOR AN AWARD OR DECISION OF A REFEREE.  Failure  to  apply  for
    6  review by the full board shall not bar any party in interest from taking
    7  an  appeal directly to the court as above provided.  The board may also,
    8  in its discretion certify to such  appellate  division  of  the  supreme
    9  court,  questions  of law involved in its decision. Such appeals and the
   10  question so certified shall be heard in a summary manner and shall  have
   11  precedence  over all other civil cases in such court. The board shall be
   12  deemed a party to every such appeal from its decision upon such applica-
   13  tion, and the chair shall be deemed a party to every such appeal from an
   14  administrative redetermination review decision pursuant  to  subdivision
   15  five  of  section  fifty-two of this chapter. The attorney general shall
   16  represent the board and the chair thereon. An appeal may also  be  taken
   17  to the court of appeals in the same manner and subject to the same limi-
   18  tations  not inconsistent herewith as is now provided in the civil prac-
   19  tice law and rules. It shall not be necessary to file exceptions to  the
   20  rulings of the board. An appeal to the appellate division of the supreme
   21  court,  third  department, or to the court of appeals, shall not operate
   22  as a stay of the payment of compensation required by the  terms  of  the
   23  award  or  of the payment of the cost of such medical, dental, surgical,
   24  optometric or other attendance, treatment, devices, apparatus  or  other
   25  necessary  items the employer is required to provide pursuant to section
   26  thirteen of this article which are found  to  be  fair  and  reasonable.
   27  Where  such  award  is  modified or rescinded upon appeal, the appellant
   28  shall be entitled to reimbursement in a sum equal to the compensation in
   29  dispute paid to the respondent in addition to a sum equal to the cost of
   30  such medical, dental, surgical, optometric or other  attendance,  treat-
   31  ment,  devices,  apparatus  or  other  necessary  items  the employer is
   32  required to provide pursuant to section thirteen of this article paid by
   33  the appellant pending adjudication of  the  appeal.  Such  reimbursement
   34  shall  be  paid  from administration expenses as provided in section one
   35  hundred fifty-one of this chapter upon audit and warrant  of  the  comp-
   36  troller upon vouchers approved by the chair. Where such award is subject
   37  to the provisions of section twenty-seven of this article, the appellant
   38  shall  pay  directly  to the claimant all compensation as it becomes due
   39  during the pendency of the appeal, and upon affirmance shall be entitled
   40  to credit for such payments. Neither the chair, the board,  the  commis-
   41  sioners  of  the state insurance fund nor the claimant shall be required
   42  to file a bond upon an appeal to the court of appeals. Upon final deter-
   43  mination of such an appeal, the board or chair,  as  the  case  may  be,
   44  shall  enter  an  order  in  accordance  therewith. Whenever a notice of
   45  appeal is served or an application made to the board by the employer  or
   46  insurance carrier for a modification or rescission or review of an award
   47  or  decision,  and  the  board shall find that such notice of appeal was
   48  served or such application was made for the purpose  of  delay  or  upon
   49  frivolous  grounds,  the  board  shall impose a penalty in the amount of
   50  five hundred dollars upon  the  employer  or  insurance  carrier,  which
   51  penalty shall be added to the compensation and paid to the claimant. The
   52  penalties  provided  herein shall be collected in like manner as compen-
   53  sation. A party against whom an award of compensation shall be made  may
   54  appeal  from  a  part  of such award. In such a case the payment of such
   55  part of the award as is not appealed from shall not prejudice any rights
   56  of such party on appeal, nor be  taken  as  an  admission  against  such
       S. 2607--D                         144                        A. 3007--D

    1  party.  Any appeal by an employer from an administrative redetermination
    2  review decision pursuant to subdivision five  of  section  fifty-two  of
    3  this  chapter  shall  in  no  way serve to relieve the employer from the
    4  obligation  to timely pay compensation and benefits otherwise payable in
    5  accordance with the provisions of this chapter.
    6    Nothing [herein] contained IN  THIS  SECTION  shall  be  construed  to
    7  inhibit  the continuing jurisdiction of the board as provided in section
    8  one hundred twenty-three of this chapter.
    9    S 11.  Intentionally omitted.
   10    S 12. The opening paragraph of subdivision 2 of  section  142  of  the
   11  workers'  compensation  law,  as  amended  by chapter 608 of the laws of
   12  1989, is amended to read as follows:
   13    Any review, hearing, rehearing, inquiry or investigation  required  or
   14  authorized  to  be  conducted or made by the workers' compensation board
   15  may be conducted or made by any panel of the  board  consisting  of  not
   16  less  than  three  members  thereof, and the order, decision or determi-
   17  nation of a majority of the members of  a  panel  shall  be  deemed  the
   18  order,  decision  or  determination of the board from the date of filing
   19  thereof with the secretary of the board, unless the  board  on  its  own
   20  motion, or on application by a party in interest for a full board review
   21  MADE  IN  ACCORDANCE  WITH  SECTION  TWENTY-THREE OF THIS CHAPTER, shall
   22  modify or rescind such order, decision or determination.    Four  panels
   23  shall  be  constituted  at  all  times,  and  the chair shall assign the
   24  members to the panels upon which they shall serve. At least  one  member
   25  on  each  panel  shall  be  an  attorney  and counsellor-at-law, but the
   26  absence of an attorney on any panel  shall  not  invalidate  the  order,
   27  decision  or  determination of a majority of the members of the panel if
   28  at least two affirmative votes are cast in favor  of  such  action.  The
   29  panels  shall  be  constituted  so  that  the members of the board shall
   30  alternate in their periods  of  service  together  thereon.  Whenever  a
   31  number  of  proceedings remains pending before the board for a period in
   32  excess of thirty days, members of the  board  shall  hold  hearings  and
   33  otherwise  act  in  the  discharge of their duties evenings and at other
   34  convenient times on all days of the week except Sundays, in addition  to
   35  the times when they would perform such duties in the ordinary conduct of
   36  the  business  of  the board, in order to expedite the disposal thereof.
   37  The chair may and shall, when directed by the  governor,  prescribe  the
   38  hours  and  the  times  for  such  additional performance of duty by the
   39  members of the board and the period or periods for the continuance ther-
   40  eof.
   41    S 13. Subdivisions 1, 3 and 5 of section 25-a of the workers'  compen-
   42  sation  law,  subdivisions 1 and 5 as amended by chapter 113 of the laws
   43  of 1946, subdivision 3 as amended by chapter 6 of the laws of 2007,  and
   44  the second and third undesignated paragraphs of subdivision 3 as further
   45  amended  by section 104 of part A of chapter 62 of the laws of 2011, are
   46  amended to read as follows:
   47    1. Notwithstanding other provisions of this chapter, when an  applica-
   48  tion  for  compensation  is made by an employee or for death benefits in
   49  behalf of the dependents of a deceased employee, and  the  employer  has
   50  secured  the payment of compensation in accordance with section fifty of
   51  this chapter, (1) after a lapse of seven years  from  the  date  of  the
   52  injury  or  death  and claim for compensation previously has been disal-
   53  lowed or claim has been  otherwise  disposed  of  without  an  award  of
   54  compensation,  or  (2) after a lapse of seven years from the date of the
   55  injury or death and also a lapse of three years from  the  date  of  the
   56  last  payment  of  compensation,  or  (3) where death resulting from the
       S. 2607--D                         145                        A. 3007--D

    1  injury shall occur after the time limited by the foregoing provisions of
    2  (1) or (2) shall have elapsed, subject to the provisions of section  one
    3  hundred  [and]  twenty-three  of  this  chapter, testimony may be taken,
    4  either directly or through a referee and if an award is made it shall be
    5  against  the  special fund provided by this section. Such an application
    6  for compensation or death benefits must be made on a form prescribed  by
    7  the [chairman] CHAIR for that purpose and must, if a change in condition
    8  is  claimed,  be  accompanied  by  a verified medical or surgical report
    9  setting forth facts on which the board may order a hearing.
   10    1-A. Any award which shall be made against such special fund after the
   11  effective date of this act upon such an application for compensation  or
   12  death  benefits  shall  not be retroactive for a period of disability or
   13  for death benefits longer than the two years immediately  preceding  the
   14  date  of  filing  of such application.  NO APPLICATION BY A SELF-INSURED
   15  EMPLOYER OR AN INSURANCE CARRIER FOR TRANSFER OF LIABILITY OF A CLAIM TO
   16  THE FUND FOR REOPENED CASES SHALL BE ACCEPTED BY THE BOARD ON  OR  AFTER
   17  THE  FIRST  DAY  OF JANUARY, TWO THOUSAND FOURTEEN EXCEPT THAT THE BOARD
   18  MAY MAKE A FINDING AFTER SUCH DATE PURSUANT TO SECTION  TWENTY-THREE  OF
   19  THIS ARTICLE UPON A TIMELY APPLICATION FOR REVIEW.
   20    3. Any awards so made shall be payable out of the special fund hereto-
   21  fore  created for such purpose, which fund is hereby continued and shall
   22  be known as the fund for reopened cases. The employer, or,  if  insured,
   23  his  insurance  carrier  shall  pay  into  such fund, or, in the case of
   24  awards made on or after July first, nineteen hundred sixty-nine,  either
   25  into  such  fund  or the uninsured employers' fund under section twenty-
   26  six-a of this article in accordance with  the  provisions  thereof,  for
   27  every  case of injury causing death for which there are no persons enti-
   28  tled to compensation the sum of three hundred dollars where such  injury
   29  occurred  prior to July first, nineteen hundred forty and the sum of one
   30  thousand dollars where such injury shall occur on or after said date and
   31  prior to April first,  nineteen  hundred  forty-five,  and  the  sum  of
   32  fifteen  hundred dollars where such injury shall occur on or after April
   33  first, nineteen hundred forty-five and prior to September  first,  nine-
   34  teen  hundred  seventy-eight and the sum of three thousand dollars where
   35  such injury shall occur on or after September  first,  nineteen  hundred
   36  seventy-eight, and in each case of death resulting from injury sustained
   37  on  or  after  July first, nineteen hundred forty and prior to September
   38  first, nineteen hundred seventy-eight, where there are persons  entitled
   39  to  compensation  but the total amount of such compensation is less than
   40  two thousand dollars exclusive of funeral benefits, the employer, or, if
   41  insured, his insurance carrier, shall pay into such  fund,  or,  in  the
   42  case  of awards made on or after July first, nineteen hundred sixty-nine
   43  and prior to September first,  nineteen  hundred  seventy-eight,  either
   44  into  such  fund  or the uninsured employers' fund under section twenty-
   45  six-a of this article in accordance with  the  provisions  thereof,  the
   46  difference between the sum of two thousand dollars and the compensation,
   47  exclusive  of funeral benefits, and in each case of death resulting from
   48  injury sustained on or after September first, nineteen hundred  seventy-
   49  eight, the employer, or if insured, his insurance carrier shall pay into
   50  such fund or the uninsured employers' fund under section twenty-six-a of
   51  this  article  in accordance with the provisions thereof, the difference
   52  between the sum of five thousand dollars and the compensation, exclusive
   53  of funeral benefits actually paid  to  or  for  the  dependents  of  the
   54  deceased  employee  together with any expense charge required by section
   55  twenty-seven of this article; provided, however, that where death  shall
   56  occur  subsequent  to  the  periods  limited  by subdivision one of this
       S. 2607--D                         146                        A. 3007--D

    1  section no payment into such  special  fund  nor  to  the  special  fund
    2  provided  by  subdivision  nine  of section fifteen nor to the uninsured
    3  employers' fund provided by section twenty-six-a of this  article  shall
    4  be  required.  In addition to the assessments made against all insurance
    5  carriers for the expenses of administering  this  chapter  provided  for
    6  under  the  provisions of section one hundred fifty-one of this chapter,
    7  and the payments above provided,  the  employer,  or,  if  insured,  his
    8  insurance  carrier, shall pay the sum of five dollars into said fund for
    9  each case in which an award is made pursuant to the provisions of  para-
   10  graphs  a to s inclusive of subdivision three of section fifteen of this
   11  chapter, by reason of injury  sustained  between  July  first,  nineteen
   12  hundred forty and June thirtieth, nineteen hundred forty-two, both dates
   13  inclusive,  and  the  sum of ten dollars for each such case by reason of
   14  injury sustained between July first, nineteen hundred forty-two and June
   15  thirtieth, nineteen hundred fifty, both dates inclusive,  which  payment
   16  shall  be  in  addition  to  any  payment of compensation to the injured
   17  employee as provided in this chapter.
   18    There shall be maintained in the special fund at all times  assets  at
   19  least  equal  in  value  to  the  sum of (1) the value of awards charged
   20  against such fund, (2) the value of all claims that have  been  reopened
   21  by  the  board as a charge against such fund but as to which awards have
   22  not yet been made, (3) effective January first, nineteen hundred  seven-
   23  ty-one,  the  VALUE  OF total supplemental benefits TO BE paid from such
   24  fund as reimbursement pursuant  to  subdivision  nine  of  this  section
   25  [during  the  calendar  year  immediately  preceding], and (4) a reserve
   26  equal to ten per cent of the sum of items (1) [and], (2) AND (3) of this
   27  paragraph. [For the purpose of accumulating funds  for  the  payment  of
   28  supplemental  benefits pursuant to subdivision nine of this section, the
   29  chairman shall impose against all carriers an assessment in the  sum  of
   30  five  million  dollars  to  be  collected  in the respective proportions
   31  established in the fiscal year commencing April first, nineteen  hundred
   32  sixty-eight,  under  the  provisions of section one hundred fifty-one of
   33  this chapter for each carrier.] Annually, as soon as  practicable  after
   34  January  first  in  each  year, the [chairman] CHAIR shall ascertain the
   35  condition of the fund and whenever  the  assets  shall  fall  below  the
   36  prescribed minimum as herein provided the [chairman] CHAIR shall [assess
   37  and] collect [from all insurance carriers, in the respective proportions
   38  established in the prior fiscal year under the provisions of section one
   39  hundred  fifty-one  of  this chapter for each carrier,] an amount suffi-
   40  cient to restore the fund  to  the  prescribed  minimum.  [The  chairman
   41  before making an assessment as provided in this section shall give thir-
   42  ty  days'  notice to the representative of the fund, designated pursuant
   43  to subdivision five of this section, that an itemized statement  of  the
   44  condition  of the fund is open for his inspection. The superintendent of
   45  financial services may examine into the condition of  the  fund  at  any
   46  time  on  his  own initiative or on request of the chairman or represen-
   47  tative of the fund.
   48    Such assessment and the payments made into said fund shall not consti-
   49  tute an element of loss for the purpose of establishing rates for  work-
   50  ers'  compensation  insurance as provided in the insurance law but shall
   51  for the purpose of recoupment be treated as separate costs by  carriers.
   52  Carriers  shall  assess  such costs on their policyholders in accordance
   53  with rules set forth by the New York workers' compensation rating board,
   54  as approved by the superintendent of financial services.] COMMENCING  ON
   55  THE  FIRST  OF JANUARY, TWO THOUSAND FOURTEEN, THE AMOUNT COLLECTED FROM
   56  ALL EMPLOYERS REQUIRED TO OBTAIN WORKERS' COMPENSATION COVERAGE TO MAIN-
       S. 2607--D                         147                        A. 3007--D

    1  TAIN THE FINANCIAL INTEGRITY OF THE FUND MAY BE PAID OVER  A  PERIOD  OF
    2  TIME AT THE DISCRETION OF THE CHAIR BASED UPON AN ANALYSIS OF THE FINAN-
    3  CIAL  CONDITION  OF  THE FUND.   SUCH PAYMENT AS DETERMINED BY THE CHAIR
    4  SHALL  BE INCLUDED IN THE ASSESSMENT RATE ESTABLISHED PURSUANT TO SUBDI-
    5  VISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.  THE  CHAIR
    6  SHALL  PROMULGATE  REGULATIONS  TO ADMINISTER CLAIMS WHOSE LIABILITY HAS
    7  BEEN TRANSFERRED TO THE FUND FOR REOPENED CASES.  SUCH  REGULATIONS  MAY
    8  INCLUDE EXERCISE OF THE CHAIR'S AUTHORITY TO ADMINISTER EXISTING CLAIMS,
    9  TO  PROCURE MANAGEMENT FOR THOSE CLAIMS, OR TO SELL SUCH LIABILITY.  THE
   10  CHAIR MAY EXAMINE INTO THE CONDITION OF THE FUND AT ANY TIME ON  HIS  OR
   11  HER OWN INITIATIVE OR ON REQUEST OF THE ATTORNEY OF THE FUND.
   12    The  provisions  of  this  subdivision shall not apply with respect to
   13  policies containing coverage pursuant  to  section  thirty-four  hundred
   14  twenty  of  the insurance law relating to every policy providing compre-
   15  hensive personal liability insurance on a one, two, three or four family
   16  owner-occupied dwelling.
   17    5. [When an application] FOR APPLICATIONS BY SELF-INSURED EMPLOYERS OR
   18  INSURANCE CARRIERS FOR TRANSFER OF LIABILITY for compensation [is  made]
   19  TO THE FUND FOR REOPENED CASES under this section, RECEIVED BY THE BOARD
   20  PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, the [chairman]
   21  CHAIR  shall appoint [a representative of such fund] AN ATTORNEY in such
   22  proceedings [and, insofar as practicable, such representative shall be a
   23  person designated by the employer originally liable for the  payment  of
   24  compensation,  or his insurance carrier, but whenever it shall appear to
   25  the chairman that through any committee, board or organization or repre-
   26  sentative of the interest of the insurance carriers an attorney has been
   27  appointed to act for and on behalf of such carriers generally to  repre-
   28  sent  such fund in any proceedings brought hereunder, the chairman shall
   29  designate such attorney as the representative of the] TO REPRESENT  SUCH
   30  fund  in  proceedings brought to enforce a claim against such fund. Such
   31  [representative] ATTORNEY may apply to the [chairman] CHAIR for authori-
   32  ty to hire such medical or other experts and to defray the expense ther-
   33  eof and of such witnesses as are necessary to a proper  defense  of  the
   34  application  within  an amount in the discretion of the [chairman] CHAIR
   35  and, if authorized, it shall  be  a  charge  against  the  special  fund
   36  provided herein.
   37    S 14. Intentionally omitted.
   38    S 15. Intentionally omitted.
   39    S  16. Subdivision (e) of section 32 of the workers' compensation law,
   40  as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
   41  follows:
   42    (e)  The  chair shall establish an office under his or her supervision
   43  to be known as the "waiver agreement management  office,"  to  negotiate
   44  and  seek  board approval for waiver agreements on behalf of the special
   45  disability fund. The office shall operate in accordance with  guidelines
   46  or directives that the chair may issue, as approved by the special disa-
   47  bility  fund advisory committee, or in the absence of such guidelines or
   48  directives, using such discounting factors as the office determines  are
   49  in  the  financial  interest  of the special disability fund. The waiver
   50  agreement management office on behalf of the special disability fund may
   51  enter into a waiver agreement with a  claimant  only  when  the  special
   52  disability  fund  has  been  found  liable by the board to reimburse the
   53  claimant's employer, insurance carrier  or  the  state  insurance  fund.
   54  Notwithstanding any other provisions of law, no consultation or approval
   55  of  any employer, insurance carrier, self-insurer[,] OR the state insur-
   56  ance fund[, or  the  special  funds  conservation  committee]  shall  be
       S. 2607--D                         148                        A. 3007--D

    1  required  before  such  office  may  enter into any waiver agreement, or
    2  before the board may approve such waiver agreement. The  chair  may,  in
    3  his  or  her  discretion, and as approved by the special disability fund
    4  advisory  committee,  terminate  the  operation  of the waiver agreement
    5  management office, if he or she believes it no longer serves the  inter-
    6  est of the special disability fund.
    7    S  17.    Clause 2 of subparagraph (a) of  paragraph 10 of subdivision
    8  3-a of section 50 of the workers' compensation law, as added by  section
    9  4  of  part  G  of chapter 57 of the laws of 2011, is amended to read as
   10  follows:
   11    (2) The members of the group, through the administrator,  (a)  jointly
   12  deposit  sufficient  securities  in accordance with subdivision three of
   13  this section [as] OR IN A TRUST GOVERNED IN ACCORDANCE WITH PART 126  OF
   14  TITLE  11  OF  THE  NEW YORK CODE OF RULES AND REGULATIONS to secure the
   15  liability of the members of the group to pay  for  all  existing  claims
   16  obligations,  provided such deposit shall be made by November first, two
   17  thousand eleven, (b) jointly deposit sufficient securities in accordance
   18  with subdivision three of this section [as] OR IN A  TRUST  GOVERNED  IN
   19  ACCORDANCE  WITH  PART 126 OF TITLE 11 OF THE NEW YORK CODE OF RULES AND
   20  REGULATIONS to secure all anticipated present and future claims  of  the
   21  members of the group, by November first, two thousand fourteen, provided
   22  annual  deposits are made in accordance with a schedule set by the chair
   23  on or before November first of each year, and provided that the  deposit
   24  shall be deemed an asset of the group for the purpose of determining its
   25  funding status, and (c) by November first, two thousand eleven and ther-
   26  eafter,  shall  maintain  funds  sufficient  for  all  other liabilities
   27  besides claims[, including reserves for all assessment liabilities,]  in
   28  a trust governed in accordance with Part 126 of title 11 of the New York
   29  code  of  rules  and  regulations,  of which the board shall be the sole
   30  beneficiary, and the terms of the  trust  agreement,  and  the  trustee,
   31  shall  be  approved  by  the  chair  in  his or her sole discretion, and
   32  provided that any group self-insurer that does not hold such funds in  a
   33  trust  that  meets  the terms of this paragraph shall post them with the
   34  board;
   35    S 18. Section 50-a of the workers' compensation law, as added by chap-
   36  ter 139 of the laws of 2008, subdivision 2 as amended by  section  1  of
   37  part R of chapter 56 of the laws of 2010 and subdivision 3 as amended by
   38  section  1  of  part  R of chapter 55 of the laws of 2012, is amended to
   39  read as follows:
   40    S 50-a. [Group self-insurer default] SELF-INSURER offset fund. 1.  The
   41  chair shall [create] MAINTAIN a fund to be known as the [group] self-in-
   42  surer  [default]  offset  fund  and  such fund shall be held in the sole
   43  custody of the chair. The chair may transfer the money in such  fund  to
   44  the  administrative  account  as  necessary to effectuate the purpose of
   45  this section. The chair shall use the money in the  fund  to  pay  UNMET
   46  claims for [defaulted group] self-insurers[, where sufficient moneys for
   47  such  payment  have  not  been  collected  or  are not anticipated to be
   48  collected from members of a defaulted group self-insurer, or  to  offset
   49  such  amount  against  any  assessment it would otherwise impose against
   50  private individual and group self-insurers under paragraph (g) of subdi-
   51  vision five of section fifty of this article].
   52    2. At any time prior to April first, two thousand  eleven,  the  chair
   53  may  withdraw funds from the uninsured employers fund provided for under
   54  section twenty-six-a of this chapter, up to such  amount  as  the  chair
   55  determines  is sufficient to fund any anticipated additional expenses of
   56  such fund, taking into account anticipated available revenues, but in no
       S. 2607--D                         149                        A. 3007--D

    1  event to exceed seventy-five million  dollars  in  the  aggregate.  Such
    2  funds  shall be deposited into the [group] self-insurer offset fund, and
    3  used in accordance with subdivision one of this section.  As  consistent
    4  with  this  section, the chair may set the timing of such withdrawals in
    5  its discretion.
    6    3. Beginning in two thousand fifteen, and each  year  thereafter,  the
    7  chair  shall add to the total of each annual assessment made under para-
    8  graph g of subdivision five of section fifty of this article the sum  of
    9  up  to three million dollars, to be allocated to private group and indi-
   10  vidual self-insurers in accordance with such paragraph. The chair  shall
   11  assess additional funds under this paragraph as necessary to insure that
   12  there  are  sufficient funds in the fund for uninsured employers to meet
   13  its liabilities, or if necessary in accordance with section one  hundred
   14  fifty-one  of this chapter. Such funds as are collected pursuant to this
   15  subdivision shall be deposited into the uninsured  employer  fund  until
   16  all  funds withdrawn therefrom under subdivision one of this section are
   17  returned with interest calculated at an annual rate equal to the rate of
   18  return on funds in the fund for uninsured employers from the prior year.
   19    4. At such time as the board is not obligated to pay any UNMET  claims
   20  [arising out] of a [defaulted] self-insurer, the fund created under this
   21  section  shall  be  closed, and any money remaining in the fund shall be
   22  deposited into the uninsured employer fund.
   23    S 19. Subdivision 5 of section 52 of the workers' compensation law, as
   24  amended by chapter 139 of the laws  of  2008,  is  amended  to  read  as
   25  follows:
   26    5. The chair, upon finding that an employer has failed for a period of
   27  not  less than ten consecutive days to make the provision for payment of
   28  compensation required by section fifty of this article, may impose  upon
   29  such  employer, in addition to all other penalties, fines or assessments
   30  provided for in this chapter, a penalty of UP TO  two  thousand  dollars
   31  for  each ten day period of non-compliance or a sum not in excess of two
   32  times the cost of compensation for its payroll for the  period  of  such
   33  failure,  which  sum  shall  be  paid into the uninsured employers' fund
   34  created under section twenty-six-a of this  chapter.  When  an  employer
   35  fails  to  provide  business  records  sufficient to enable the chair to
   36  determine the employer's payroll for the period requested for the calcu-
   37  lation of the penalty provided  in  this  section,  the  imputed  weekly
   38  payroll  for each employee, corporate officer, sole proprietor, or part-
   39  ner shall be the New York state average weekly wage, multiplied by  1.5.
   40  Where the employer is a corporation, the president, secretary and treas-
   41  urer  thereof  shall  be  liable  for the penalty. If the employer shall
   42  within thirty days after notice of the imposition of a  penalty  by  the
   43  chair pursuant to this subdivision make an application in affidavit form
   44  for  a redetermination review of such penalty the [chairman] CHAIR shall
   45  make a decision in writing on the issues raised on such application.
   46    S 20. Section 87 of the workers' compensation law, as amended by chap-
   47  ter 635 of the laws of 1996, subdivision 1 as amended by  chapter  6  of
   48  the  laws  of  2007,  subdivision  1, paragraph (a) of subdivision 2 and
   49  subdivision 3 as further amended by section 104 of part A of chapter  62
   50  of the laws of 2011, is amended to read as follows:
   51    S  87.  Investment  of  surplus or reserve. 1. Any of the [surplus or]
   52  reserve funds belonging to the state insurance fund,  by  order  of  the
   53  commissioners, approved by the superintendent of financial services, may
   54  be  invested  in  the types of securities described in subdivisions one,
   55  two, three, four, five, six, eleven, twelve, twelve-a,  thirteen,  four-
   56  teen,  fifteen, nineteen, twenty, twenty-one, twenty-one-a, twenty-four,
       S. 2607--D                         150                        A. 3007--D

    1  twenty-four-a, twenty-four-b, twenty-four-c and twenty-five  of  section
    2  two  hundred  thirty-five of the banking law or[, up to fifty percent of
    3  such surplus or reserve funds, in the types of securities or investments
    4  described]  in  [paragraphs]  PARAGRAPH  two[,  three, eight and ten] of
    5  subsection (a) of section one thousand four hundred four of  the  insur-
    6  ance  law except that up to [ten] FIVE percent of [the surplus and] SUCH
    7  reserve funds [belonging to  the  state  insurance  fund  that]  may  be
    8  invested in the securities of any solvent American institution [or of an
    9  investment  company]  as  described in such [paragraphs may be invested]
   10  PARAGRAPH irrespective of the rating of such  institution's  obligations
   11  or  other  similar  qualitative  standards described [in paragraphs two,
   12  three, eight and ten of such  subsection,  but  shall  not  include  any
   13  derivative  instrument or derivative transaction or any investment found
   14  by the superintendent of financial services to be against public policy.
   15  Any of the surplus or reserve funds belonging  to  the  state  insurance
   16  fund,  upon  like  approval of the superintendent of financial services,
   17  may be loaned on the pledge of any such securities.  The  commissioners,
   18  upon like approval of the superintendent of financial services, may also
   19  sell any of such securities or investments] THEREIN.
   20    2.  ANY OF THE SURPLUS FUNDS BELONGING TO THE STATE INSURANCE FUND, BY
   21  ORDER  OF THE COMMISSIONERS, APPROVED BY THE SUPERINTENDENT OF FINANCIAL
   22  SERVICES, MAY BE INVESTED IN THE TYPES OF SECURITIES DESCRIBED IN SUBDI-
   23  VISIONS ONE, TWO, THREE, FOUR,  FIVE,  SIX,  ELEVEN,  TWELVE,  TWELVE-A,
   24  THIRTEEN, FOURTEEN, FIFTEEN, NINETEEN, TWENTY, TWENTY-ONE, TWENTY-ONE-A,
   25  TWENTY-FOUR, TWENTY-FOUR-A, TWENTY-FOUR-B, TWENTY-FOUR-C AND TWENTY-FIVE
   26  OF  SECTION  TWO  HUNDRED THIRTY-FIVE OF THE BANKING LAW OR, UP TO FIFTY
   27  PERCENT OF SURPLUS FUNDS, IN THE  TYPES  OF  SECURITIES  OR  INVESTMENTS
   28  DESCRIBED  IN  PARAGRAPHS TWO, THREE, EIGHT AND TEN OF SUBSECTION (A) OF
   29  SECTION ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW, EXCEPT THAT
   30  UP TO TEN PERCENT OF SURPLUS FUNDS MAY BE INVESTED IN THE SECURITIES  OF
   31  ANY  SOLVENT  AMERICAN INSTITUTION AS DESCRIBED IN SUCH PARAGRAPHS IRRE-
   32  SPECTIVE OF THE RATING OF SUCH INSTITUTION'S OBLIGATIONS OR OTHER  SIMI-
   33  LAR  QUALITATIVE  STANDARDS DESCRIBED THEREIN, AND UP TO FIFTEEN PERCENT
   34  OF SURPLUS FUNDS IN SECURITIES OR INVESTMENTS  WHICH  DO  NOT  OTHERWISE
   35  QUALIFY  FOR  INVESTMENT  UNDER  THIS  SECTION AS SHALL BE MADE WITH THE
   36  CARE, PRUDENCE AND DILIGENCE UNDER  THE  CIRCUMSTANCES  THEN  PREVAILING
   37  THAT  A  PRUDENT PERSON ACTING IN A LIKE CAPACITY AND FAMILIAR WITH SUCH
   38  MATTERS WOULD USE IN THE CONDUCT OF AN ENTERPRISE OF  A  LIKE  CHARACTER
   39  AND  WITH  LIKE AIMS AS PROVIDED FOR THE STATE INSURANCE FUND UNDER THIS
   40  ARTICLE, BUT SHALL NOT  INCLUDE  ANY  DIRECT  DERIVATIVE  INSTRUMENT  OR
   41  DERIVATIVE TRANSACTION EXCEPT FOR HEDGING PURPOSES.  NOTWITHSTANDING ANY
   42  OTHER PROVISION IN THIS SUBDIVISION, THE AGGREGATE AMOUNT THAT THE STATE
   43  INSURANCE  FUND  MAY  INVEST  IN  THE TYPES OF SECURITIES OR INVESTMENTS
   44  DESCRIBED IN PARAGRAPHS THREE,  EIGHT  AND  TEN  OF  SUBSECTION  (A)  OF
   45  SECTION  ONE  THOUSAND  FOUR  HUNDRED FOUR OF THE INSURANCE LAW AND AS A
   46  PRUDENT PERSON ACTING IN A LIKE CAPACITY WOULD  INVEST  AS  PROVIDED  IN
   47  THIS SUBDIVISION SHALL NOT EXCEED FIFTY PERCENT OF SUCH SURPLUS FUNDS.
   48    3.  ANY  OF THE SURPLUS OR RESERVE FUNDS BELONGING TO THE STATE INSUR-
   49  ANCE FUND,  UPON  LIKE  APPROVAL  OF  THE  SUPERINTENDENT  OF  FINANCIAL
   50  SERVICES,  MAY  BE  LOANED  ON  THE  PLEDGE  OF ANY SUCH SECURITIES. THE
   51  COMMISSIONERS, UPON LIKE APPROVAL OF  THE  SUPERINTENDENT  OF  FINANCIAL
   52  SERVICES, MAY ALSO SELL ANY OF SUCH SECURITIES OR INVESTMENTS.
   53    [2.]  4. (a) Any securities belonging to the state insurance fund may,
   54  by order of the commissioners, approved by the superintendent of  finan-
   55  cial  services, be loaned under a security loan agreement, as defined in
   56  paragraph (b) of this subdivision, entered into with a registered  brok-
       S. 2607--D                         151                        A. 3007--D

    1  er-dealer,  or  a New York state or national bank or trust company, with
    2  the custodial bank of the state insurance  fund  or  another  person  or
    3  entity,  approved  by  the  commissioner  of taxation and finance, which
    4  specializes in security loan transactions acting as the agent in arrang-
    5  ing  such agreement. The commissioners shall monitor the market value of
    6  the loaned securities daily. In no event shall the  commissioners  allow
    7  the value of the collateral posted to fall below the market value of the
    8  loaned securities.
    9    (b) For purposes of this section, "security loan agreement" shall mean
   10  a written contract, the terms of which have been approved by the commis-
   11  sioner  of  taxation  and finance, whereby the state insurance fund (the
   12  lender) agrees to lend securities to  a  broker-dealer,  bank  or  trust
   13  company  described  in  paragraph (a) of this subdivision (the borrower)
   14  for a period not to exceed one year. However, such  agreement  shall  be
   15  subject  to  the  following  limitations: (i) the lender must retain the
   16  right to collect from the borrower all  dividends,  interest,  premiums,
   17  rights,  and any other distributions to which the lender would otherwise
   18  have been entitled; (ii) the lender may waive  the  right  to  vote  the
   19  securities  during  the  term  of  such agreement; (iii) the lender must
   20  retain the right to terminate such agreement upon  not  more  than  five
   21  business  days' notice; (iv) the borrower shall provide as collateral to
   22  the lender cash or direct obligations of the United States of America or
   23  any agency or instrumentality thereof or obligations fully guaranteed by
   24  the United States of America that are eligible  for  investment  by  the
   25  state  insurance  fund  under  subdivision one of this section, provided
   26  that such obligations may in no event consist of derivative  securities;
   27  and  (v)  such agreement shall provide for payment of additional collat-
   28  eral on a daily basis, or at such time as the value of the loaned  secu-
   29  rities increases to agreed upon ratios.
   30    [3.]  5.  All  such  securities  or evidences of indebtedness shall be
   31  placed in the hands of the commissioner  of  taxation  and  finance  who
   32  shall  be  the  custodian thereof. He or she shall collect the principal
   33  and interest thereof, when due, and pay the same into the  state  insur-
   34  ance fund. The commissioner of taxation and finance shall pay all vouch-
   35  ers drawn on the state insurance fund for the making of such investments
   36  when signed by the chair of the commissioners, the executive director or
   37  a deputy executive director of the state insurance fund upon delivery of
   38  such  securities  or evidences of indebtedness to him or her, when there
   39  is attached to such vouchers the approval of the state superintendent of
   40  financial services.
   41    6.  FOR THE PURPOSES OF THIS SECTION, THE  TERM  "RESERVES"  DOES  NOT
   42  INCLUDE THE ESTIMATED VALUE OF FUTURE DISCRETIONARY PAYMENTS THAT MAY BE
   43  MADE BY THE STATE INSURANCE FUND UNDER SECTION NINETY OF THIS ARTICLE.
   44    7.  NOTWITHSTANDING  ANY  PROVISION  IN  THIS SECTION, THE SURPLUS AND
   45  RESERVE FUNDS OF THE STATE INSURANCE FUND SHALL NOT BE INVESTED  IN  ANY
   46  INVESTMENT  THAT  HAS  BEEN  FOUND  BY  THE  SUPERINTENDENT OF FINANCIAL
   47  SERVICES TO BE AGAINST PUBLIC POLICY OR IN ANY INVESTMENT PROHIBITED  BY
   48  THE  PROVISIONS  OF PARAGRAPH SIX OF SUBSECTION (A) OF SECTION ONE THOU-
   49  SAND FOUR HUNDRED FOUR OF THE INSURANCE LAW  OR  BY  THE  PROVISIONS  OF
   50  PARAGRAPH  ONE,  TWO, THREE, FOUR, SIX, EIGHT, NINE OR TEN OF SUBSECTION
   51  (A) OF SECTION ONE THOUSAND FOUR HUNDRED SEVEN OF THE INSURANCE LAW.
   52    S 21.  Intentionally omitted.
   53    S 22. Section 151 of the workers' compensation law is REPEALED  and  a
   54  new section 151 is added to read as follows:
   55    S  151. ASSESSMENTS FOR ANNUAL EXPENSES. 1. THE ANNUAL EXPENSES NECES-
   56  SARY FOR THE BOARD TO ADMINISTER THE PROVISIONS  OF  THIS  CHAPTER,  THE
       S. 2607--D                         152                        A. 3007--D

    1  VOLUNTEER  AMBULANCE  WORKERS'  BENEFIT LAW, THE VOLUNTEER FIREFIGHTERS'
    2  BENEFIT LAW, THE DISABILITY BENEFITS LAW, AND THE WORKMEN'S COMPENSATION
    3  ACT FOR CIVIL DEFENSE VOLUNTEERS SHALL BE BORNE  BY  AFFECTED  EMPLOYERS
    4  SECURING  COMPENSATION  FOR THEIR EMPLOYEES PURSUANT TO SECTION FIFTY OF
    5  THIS CHAPTER. THE BOARD SHALL COLLECT SUCH ANNUAL EXPENSES FROM AFFECTED
    6  EMPLOYERS THROUGH ASSESSMENTS AS PROVIDED  BY  THE  PROVISIONS  OF  THIS
    7  SECTION,  INCLUDING  FOR PURPOSES OF THIS SUBDIVISION: (A) THE AGGREGATE
    8  ASSESSMENT AMOUNT DESCRIBED IN SUBPARAGRAPH FOUR  OF  PARAGRAPH  (H)  OF
    9  SUBDIVISION  EIGHT  OF  SECTION  FIFTEEN OF THIS CHAPTER FOR THE SPECIAL
   10  DISABILITY FUND IN ACCORDANCE WITH EACH FINANCING AGREEMENT DESCRIBED IN
   11  SUCH SUBPARAGRAPH, (B) THE  AGGREGATE  ASSESSMENT  AMOUNT  DESCRIBED  IN
   12  SECTION  FIFTY-C  OF  THIS  CHAPTER  FOR THE SELF-INSURER OFFSET FUND IN
   13  ACCORDANCE WITH EACH FINANCING AGREEMENT DESCRIBED IN SUCH SECTION,  (C)
   14  THE  ASSESSMENT   AMOUNT DESCRIBED IN SUBDIVISION THREE OF SECTION TWEN-
   15  TY-FIVE-A OF THIS CHAPTER FOR THE FUND FOR REOPENED CASES  AND  (D)  THE
   16  ASSESSMENT  AMOUNT  DESCRIBED  IN  SECTION  TWO HUNDRED FOURTEEN OF THIS
   17  CHAPTER FOR THE SPECIAL FUND FOR DISABILITY BENEFITS; PROVIDED, THAT THE
   18  FOREGOING AND ANY OTHER  PROVISION  OF  THIS  CHAPTER  TO  THE  CONTRARY
   19  NOTWITHSTANDING,  ASSESSMENT  RECEIPTS  SHALL  BE APPLIED FIRST TO FULLY
   20  FUND THE AMOUNT DESCRIBED IN  SUBPARAGRAPH  FOUR  OF  PARAGRAPH  (H)  OF
   21  SUBDIVISION  EIGHT  OF SECTION FIFTEEN OF THIS CHAPTER AND THEN TO FULLY
   22  FUND THE AMOUNT DESCRIBED IN SECTION FIFTY-C OF THIS CHAPTER IN  ACCORD-
   23  ANCE  WITH  EACH  THEN  APPLICABLE  FINANCING AGREEMENT PURSUANT TO SUCH
   24  PROVISIONS PRIOR TO APPLICATION TO ANY OTHER PURPOSE OTHER THAN  TO  PAY
   25  ANY  ACTUAL  COSTS  OF COLLECTING SUCH ASSESSMENT THAT ARE NOT OTHERWISE
   26  FUNDED. FOR PURPOSES  OF  THIS  SECTION,  AFFECTED  EMPLOYER  MEANS  ALL
   27  EMPLOYERS  REQUIRED TO OBTAIN WORKERS' COMPENSATION COVERAGE PURSUANT TO
   28  THIS CHAPTER.
   29    2. ON THE FIRST DAY OF NOVEMBER, TWO THOUSAND THIRTEEN,  AND  ANNUALLY
   30  THEREAFTER,  THE  CHAIR  SHALL  ESTABLISH  AN  ASSESSMENT  RATE  FOR ALL
   31  AFFECTED EMPLOYERS IN THE STATE OF NEW YORK IN AN AMOUNT EXPECTED TO  BE
   32  SUFFICIENT  TO  PRODUCE  ASSESSMENT RECEIPTS AT LEAST SUFFICIENT TO FUND
   33  ALL ESTIMATED ANNUAL  EXPENSES  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
   34  SECTION  EXCEPT THOSE EXPENSES FOR WHICH AN ASSESSMENT IS AUTHORIZED FOR
   35  SELF-INSURANCE PURSUANT TO SUBDIVISION FIVE OF  SECTION  FIFTY  OF  THIS
   36  CHAPTER.  SUCH  RATE SHALL BE ASSESSED EFFECTIVE THE FIRST OF JANUARY OF
   37  THE SUCCEEDING YEAR AND SHALL BE BASED UPON A SINGLE METHODOLOGY  DETER-
   38  MINED  BY THE CHAIR.  THE CHAIR MAY ALSO ESTABLISH AN ADDITIONAL ASSESS-
   39  MENT RATE, NOT TO EXCEED THIRTY PERCENT OF ANNUAL  PREMIUMS,  FOR  THOSE
   40  AFFECTED  EMPLOYERS  WHO  ARE IN DEFAULT IN THE PAYMENT OF THEIR COMPEN-
   41  SATION PURSUANT TO SUBPARAGRAPH (B) OF PARAGRAPH  SEVEN  OF  SUBDIVISION
   42  THREE-A  OF SECTION 50 OF THIS CHAPTER. SUCH ADDITIONAL ASSESSMENT SHALL
   43  BE COLLECTED AND REMITTED TO THE CHAIR CONSISTENT WITH SUBDIVISIONS FOUR
   44  AND FIVE OF THIS SECTION.   THE CHAIR SHALL MAKE  AVAILABLE  FOR  PUBLIC
   45  INSPECTION AN ITEMIZED STATEMENT OF THE ESTIMATED ANNUAL EXPENSES IN THE
   46  OFFICE OF THE BOARD FOR THIRTY DAYS IMMEDIATELY AFTER THE RATE IS ESTAB-
   47  LISHED.
   48    3.  THE  CHAIR AND DEPARTMENT OF AUDIT AND CONTROL ANNUALLY AS SOON AS
   49  PRACTICABLE AFTER THE FIRST OF APRIL OF EACH YEAR  SHALL  ASCERTAIN  THE
   50  ACTUAL  TOTAL  AMOUNT  OF  EXPENSES, INCLUDING IN ADDITION TO THE DIRECT
   51  COSTS OF PERSONAL SERVICE, THE COST OF MAINTENANCE  AND  OPERATION,  THE
   52  COST OF RETIREMENT CONTRIBUTIONS MADE AND WORKERS' COMPENSATION PREMIUMS
   53  PAID  BY  THE  STATE  FOR  OR ON ACCOUNT OF PERSONNEL, RENTALS FOR SPACE
   54  OCCUPIED IN STATE OWNED OR STATE LEASED BUILDINGS, SUCH  ADDITIONAL  SUM
   55  AS MAY BE CERTIFIED TO THE CHAIR AND THE DEPARTMENT OF AUDIT AND CONTROL
   56  AS  A REASONABLE COMPENSATION FOR SERVICES RENDERED BY THE DEPARTMENT OF
       S. 2607--D                         153                        A. 3007--D

    1  LAW AND EXPENSES INCURRED BY SUCH  DEPARTMENT,  FOR  TRANSFER  INTO  THE
    2  TRAINING  AND EDUCATIONAL PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH FUND
    3  CREATED PURSUANT TO CHAPTER EIGHT HUNDRED  EIGHTY-SIX  OF  THE  LAWS  OF
    4  NINETEEN  HUNDRED  EIGHTY-FIVE  AND  SECTION NINETY-SEVEN-C OF THE STATE
    5  FINANCE LAW, FOR THE NEW YORK STATE OCCUPATIONAL HEALTH CLINICS NETWORK,
    6  FOR THE DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH  PROGRAM  AND
    7  FOR  TRANSFER INTO THE UNINSURED EMPLOYERS' FUND PURSUANT TO SUBDIVISION
    8  TWO OF SECTION TWENTY-SIX-A OF THIS CHAPTER, AND  ALL  OTHER  DIRECT  OR
    9  INDIRECT  COSTS,  INCURRED  BY THE BOARD IN CONNECTION WITH THE ADMINIS-
   10  TRATION OF THIS CHAPTER, EXCEPT THOSE EXPENSES FOR WHICH  AN  ASSESSMENT
   11  IS AUTHORIZED FOR SELF-INSURANCE PURSUANT TO SUBDIVISION FIVE OF SECTION
   12  FIFTY  OF  THIS  CHAPTER.   ASSESSMENTS PURSUANT TO SUBPARAGRAPH FOUR OF
   13  PARAGRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN  OF  THIS  CHAPTER
   14  FOR  THE  SPECIAL  DISABILITY  FUND, PURSUANT TO SECTION FIFTY-C OF THIS
   15  CHAPTER FOR THE SELF INSURER OFFSET FUND, PURSUANT TO SUBDIVISION  THREE
   16  OF  SECTION  TWENTY-FIVE-A  OF  THIS  CHAPTER  FOR THE FUND FOR REOPENED
   17  CASES, AND PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER  FOR
   18  THE  SPECIAL FUND FOR DISABILITY BENEFITS SHALL BE INCLUDED IN THE TOTAL
   19  AMOUNT OF EXPENSES FOR THE PURPOSES OF THIS SUBDIVISION.   ANY  OVERPAY-
   20  MENT  OF  ANNUAL  ASSESSMENTS  RESULTING  FROM  THE REQUIREMENTS OF THIS
   21  SUBDIVISION SHALL BE APPLIED AS A CREDIT AGAINST THE  FUTURE  ASSESSMENT
   22  RATE PROVIDED THE FUND BALANCE SHALL NOT BE REDUCED BELOW TEN PERCENT OF
   23  THE TOTAL AMOUNT ASSESSED.
   24    4. FOR THOSE AFFECTED EMPLOYERS OBTAINING COVERAGE:
   25    (A)  BY  INSURING  WITH  THE STATE FUND PURSUANT TO SUBDIVISION ONE OF
   26  SECTION FIFTY OF THIS CHAPTER; OR  (B)  THROUGH  A  POLICY  PURSUANT  TO
   27  SUBDIVISION TWO OF SECTION FIFTY OF THIS CHAPTER; OR (C) THROUGH A COUN-
   28  TY  SELF-INSURANCE  PLAN  UNDER  ARTICLE  FIVE  OF  THIS CHAPTER; OR (D)
   29  THROUGH A GROUP PRIVATE OR PUBLIC SELF-INSURER PURSUANT  TO  SUBDIVISION
   30  THREE-A  OF SECTION FIFTY OF THIS CHAPTER, SUCH ASSESSMENT AMOUNTS SHALL
   31  BE COLLECTED AND REMITTED TO THE CHAIR  BY  THE  CARRIER  OR  THE  STATE
   32  INSURANCE FUND, OR COUNTY PLAN, OR GROUP PRIVATE OR PUBLIC SELF-INSURER,
   33  ON  BEHALF OF THE EMPLOYER(S) UNTIL SUCH TIME AS THE BOARD ESTABLISHES A
   34  DIRECT EMPLOYER PAYMENT PROCESS.  AFFECTED PRIVATE OR  PUBLIC  EMPLOYERS
   35  PROVIDING  COMPENSATION  THROUGH  SELF INSURANCE PURSUANT TO SUBDIVISION
   36  THREE OF SECTION FIFTY OF THIS  CHAPTER  SHALL  PAY  ASSESSMENT  AMOUNTS
   37  DIRECTLY TO THE CHAIR.
   38    5.  INSURANCE  CARRIERS  AS  DEFINED  IN  SECTION  TWO OF THIS CHAPTER
   39  INCLUDING THE STATE INSURANCE FUND AND SELF-INSURERS, SHALL COLLECT FROM
   40  AFFECTED EMPLOYERS AND PERIODICALLY REMIT TO THE BOARD SUCH  ASSESSMENTS
   41  AND  SHALL BE RESPONSIBLE FOR ENSURING THEIR EMPLOYERS/POLICYHOLDERS ARE
   42  CURRENT ON THEIR ASSESSMENTS. (A) FAILURE  TO  ENSURE  POLICYHOLDERS  OR
   43  EMPLOYERS  ARE CURRENT ON THEIR ASSESSMENTS WILL RESULT IN THE INSURANCE
   44  CARRIER; OR SELF-INSURER; BEING LIABLE FOR SUCH ASSESSMENTS.
   45    (B) IN THE EVENT THE EMPLOYER;  INSURANCE  CARRIER;  OR  SELF-INSURER;
   46  KNEW OR SHOULD HAVE KNOWN THAT THE EMPLOYER MISREPORTED ANY DATA RELATED
   47  TO  THE ASSESSMENT PROCESS, THEY MAY BE SUBJECT TO ANY APPLICABLE PENAL-
   48  TIES OR SANCTIONS PROVIDED BY THIS CHAPTER.
   49    6.  (A) EFFECTIVE THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, ALL
   50  ASSESSMENT CYCLES IN PROGRESS WILL BE REPLACED WITH THE ASSESSMENT  RATE
   51  DETERMINED  HEREIN.  HOWEVER, SUCH NEW ASSESSMENT RATE SHALL NOT RELIEVE
   52  ANY CARRIER OR SELF-INSURER FOR OUTSTANDING AMOUNTS DUE AS OF THE  FIRST
   53  DAY OF JANUARY TWO THOUSAND FOURTEEN.
   54    (B) ALL ASSESSMENT AMOUNTS COLLECTED BY INSURANCE CARRIERS, EXCEPT THE
   55  STATE  FUND, AND NOT YET REMITTED TO THE BOARD PRIOR TO THE FIRST DAY OF
       S. 2607--D                         154                        A. 3007--D

    1  JANUARY, TWO THOUSAND FOURTEEN MUST BE REMITTED TO THE  CHAIR  NO  LATER
    2  THAN THE FIRST DAY OF FEBRUARY, TWO THOUSAND FOURTEEN.
    3    7.  ASSESSMENTS  FOR  THE  EXPENSES OF THE BOARD INCLUDING ASSESSMENTS
    4  PURSUANT TO PARAGRAPH (H) OF SUBDIVISION EIGHT  OF  SECTION  FIFTEEN  OF
    5  THIS CHAPTER FOR THE SPECIAL DISABILITY FUND AND PURSUANT TO SUBDIVISION
    6  THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER FOR THE FUND FOR REOPENED
    7  CASES SHALL NOT CONSTITUTE ELEMENTS OF LOSS.
    8    7-A.  NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THERE IS A DEFAULT
    9  ON THE PAYMENT OF  PREMIUM,  INCLUDING  ANY  ASSESSMENTS  PAYABLE  UNDER
   10  SUBDIVISION  SEVEN OF THIS SECTION, ANY ACTION BY THE CARRIER, INCLUDING
   11  THE STATE INSURANCE FUND, TO COLLECT ANY UNPAID PREMIUM SHALL INCLUDE AN
   12  ACTION SEEKING RECOVERY OF SUCH ASSESSMENTS ON BEHALF OF THE BOARD.  THE
   13  CARRIER  SHALL REMIT THE AMOUNT OF ANY SUCH UNPAID ASSESSMENTS COLLECTED
   14  EITHER PURSUANT TO A JUDGMENT OR BY SETTLEMENT TO THE BOARD.
   15    8. THE FOREGOING AND EVERY OTHER PREVISION  OF  LAW  TO  THE  CONTRARY
   16  NOTWITHSTANDING,  ALL  MONEYS  RECEIVED  ON  ACCOUNT  OF  THE ASSESSMENT
   17  AUTHORIZED BY THIS SECTION SHALL BE  DEPOSITED  UPON  RECEIPT  INTO  THE
   18  ADMINISTRATIVE CLEARING ACCOUNT HELD BY THE COMMISSIONER OF TAXATION AND
   19  FINANCE  AND  APPLIED,  AS  PLEDGED ASSESSMENTS FOR PURPOSES OF SECTIONS
   20  SIXTEEN HUNDRED EIGHTY-L AND SIXTEEN  HUNDRED  EIGHTY-Q  OF  THE  PUBLIC
   21  AUTHORITIES LAW AND PRIOR TO ANY OTHER APPLICATION: FIRST, IN ACCORDANCE
   22  WITH ANY OTHER PROVISION OF ANY SPECIAL DISABILITY FUND FINANCING AGREE-
   23  MENT ENTERED INTO PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, TO
   24  THE  EXTENT  REQUIRED TO FULLY FUND THE THEN CURRENT PAYMENT AND RESERVE
   25  REQUIREMENTS UNDER SUCH FINANCING AGREEMENT; AND SECOND,  IN  ACCORDANCE
   26  WITH  EACH SPECIAL DISABILITY FUND FINANCING AGREEMENT AND EACH SELF-IN-
   27  SURED BOND FINANCING AGREEMENT, TO THE EXTENT REQUIRED TO FULLY FUND THE
   28  THEN CURRENT PAYMENT AND RESERVE REQUIREMENTS UNDER EACH SUCH  FINANCING
   29  AGREEMENT  ENTERED  INTO AFTER MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN
   30  WITH RESPECT TO BONDS ISSUED BY THE DORMITORY  AUTHORITY    PURSUANT  TO
   31  EITHER  SECTION  SIXTEEN  HUNDRED  EIGHTY-L  OR  SECTION SIXTEEN HUNDRED
   32  EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW, ON A PARI  PASSU  BASIS  WITHOUT
   33  PREFERENCE OR PRIORITY AMONG ALL SUCH OTHER BONDS. SUCH MONIES SHALL NOT
   34  BE  COMMINGLED WITH ANY OTHER MONIES IN THE COMMISSIONER'S CUSTODY PRIOR
   35  TO THE COMPLETION OF SUCH APPLICATION AND SHALL NOT BE DEEMED TO BE PART
   36  OF THE STATE TREASURY OR OF ANY FUNDS UNDER  MANAGEMENT  OF  THE  STATE.
   37  THIS  SECTION SHALL NOT BE DEEMED TO AUTHORIZE ANY INFRINGEMENT UPON THE
   38  RIGHTS OF HOLDERS OF SUCH BONDS  ISSUED  OR  TO  BE  ISSUED  UNDER  SUCH
   39  SECTIONS  OF  THE PUBLIC AUTHORITIES LAW. THE PROVISIONS OF THIS SECTION
   40  MAY BE INCLUDED BY THE DORMITORY AUTHORITY  IN  ANY  CONTRACT  WITH  THE
   41  HOLDERS OF ANY SUCH BONDS.  THE OPERATION OF THIS SECTION AND THE APPLI-
   42  CATION  OF  THE  RECEIPTS  OF  THE ASSESSMENT AUTHORIZED BY THIS SECTION
   43  SHALL BE SUBJECT TO THE PROVISIONS OF EACH FINANCING  AGREEMENT  AUTHOR-
   44  IZED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH (H) OF SUBDIVISION EIGHT
   45  OF  SECTION  FIFTEEN  OR  TO  SECTION  FIFTY-C  OF THIS CHAPTER AND THIS
   46  SECTION SHALL NOT BE DEEMED  TO  AUTHORIZE  ANY  INFRINGEMENT  UPON  THE
   47  RIGHTS  OF  HOLDERS  OF  BONDS ISSUED OR TO BE ISSUED PURSUANT TO EITHER
   48  SUCH PROVISION.
   49    9. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  WITH  RESPECT  TO
   50  POLICIES CONTAINING COVERAGE PURSUANT TO PARAGRAPH ONE OF SUBSECTION (J)
   51  OF  SECTION  THREE  THOUSAND  FOUR  HUNDRED  TWENTY OF THE INSURANCE LAW
   52  RELATING TO EVERY  POLICY  PROVIDING  COMPREHENSIVE  PERSONAL  LIABILITY
   53  INSURANCE ON A ONE, TWO, THREE OR FOUR FAMILY OWNER-OCCUPIED DWELLING.
   54    10. IF THE ASSESSMENTS COLLECTED PURSUANT TO THIS SECTION ARE INSUFFI-
   55  CIENT  TO  MEET  THE OBLIGATIONS FINANCED BY THE ASSESSMENTS, THE CHAIR,
   56  FOR A PERIOD OF THREE YEARS, MAY BORROW ANY  SHORTFALL  FROM  THE  STATE
       S. 2607--D                         155                        A. 3007--D

    1  INSURANCE  FUND  WITH ANY BORROWING TO BE ADDED TO THE ASSESSMENTS UNDER
    2  THIS SECTION AND REPAID THE FOLLOWING YEAR TO THE STATE  INSURANCE  FUND
    3  WITH INTEREST AT THE STATE INSURANCE FUND'S THEN CURRENT RATE OF RETURN.
    4    11.  EFFECTIVE  IMMEDIATELY,  NOTWITHSTANDING ANY LAW TO THE CONTRARY,
    5  PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE ASSESSMENT RESERVES HELD
    6  BY THE STATE INSURANCE FUND FOR THE PAYMENT OF FUTURE ASSESSMENTS ARE NO
    7  LONGER REQUIRED AND ALL FUNDS AND INVESTMENTS HELD BY THE  STATE  INSUR-
    8  ANCE FUND RELATED TO THE ASSESSMENT RESERVES SHALL BE TRANSFERRED TO THE
    9  CHAIR  OF  THE  WORKERS'  COMPENSATION BOARD AS SOON AS PRACTICABLE. THE
   10  COMMISSIONER OF TAXATION AND FINANCE SHALL BE CUSTODIAN OF  SUCH  FUNDS,
   11  WHICH  SHALL  NOT BE COMMINGLED WITH OTHER FUNDS OF THE WORKERS' COMPEN-
   12  SATION BOARD, AND MAY INVEST SUCH FUNDS IN THE SAME  MANNER  AS  SURPLUS
   13  FUNDS  HELD  BY  THE STATE INSURANCE FUND PURSUANT TO SUBDIVISION TWO OF
   14  SECTION EIGHTY-SEVEN OF THIS CHAPTER.  DISBURSEMENTS OF SUCH FUNDS SHALL
   15  BE MADE BY SUCH COMMISSIONER UPON WRITTEN WARRANT OF THE  CHAIR  OF  THE
   16  WORKERS' COMPENSATION BOARD OR THE CHAIR'S DESIGNEE.
   17    AT  THE REQUEST OF THE DIRECTOR OF THE BUDGET, SUCH MONEYS TRANSFERRED
   18  TO THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL BE DISTRIBUTED  AS
   19  FOLLOWS:
   20    (A)  AS  SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND THIRTEEN,
   21  THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO  HUNDRED
   22  FIFTY  MILLION DOLLARS TO THE GENERAL FUND FOR DEBT MANAGEMENT OR FISCAL
   23  UNCERTAINTIES.
   24    (B) AS SOON AS PRACTICABLE AFTER APRIL FIRST, TWO  THOUSAND  FOURTEEN,
   25  THE  CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER ONE BILLION
   26  DOLLARS TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING BUDGET GAPS.
   27    (C) AS SOON AS PRACTICABLE AFTER APRIL FIRST,  TWO  THOUSAND  FIFTEEN,
   28  THE  CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO HUNDRED
   29  FIFTY MILLION DOLLARS TO THE GENERAL FUND FOR THE  PURPOSE  OF  REDUCING
   30  BUDGET GAPS.
   31    (D)  AS  SOON  AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND SIXTEEN,
   32  THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO  HUNDRED
   33  FIFTY  MILLION  DOLLARS  TO THE GENERAL FUND FOR THE PURPOSE OF REDUCING
   34  BUDGET GAPS.
   35    (E) ANY AND ALL FUNDS REMAINING AFTER ACCOUNTING FOR THE TRANSFERS SET
   36  FORTH ABOVE MAY, AT THE DISCRETION OF THE DIRECTOR OF THE BUDGET, EITHER
   37  REMAIN WITH THE WORKERS' COMPENSATION BOARD OR  BE  TRANSFERRED  TO  THE
   38  GENERAL  FUND  FOR  THE  PURPOSE OF REDUCING BUDGET GAPS OR TO THE STATE
   39  INSURANCE FUND. THE BUDGET DIRECTOR, ACTING  IN  CONSULTATION  WITH  THE
   40  CHAIR  OF  THE  WORKERS' COMPENSATION BOARD, SHALL DETERMINE WHETHER ANY
   41  MONEY RETURNED TO THE STATE INSURANCE FUND IS A LOAN OR A  TRANSFER  AND
   42  THE  TERMS  AND  CONDITIONS  THEREIN. ANY FUNDS TRANSFERRED OR LOANED TO
   43  THE STATE INSURANCE FUND UPON  THE  BUDGET  DIRECTOR'S  REQUEST  MAY  BE
   44  INVESTED  IN  A MANNER CONSISTENT WITH INVESTMENT GUIDELINES PURSUANT TO
   45  SUBDIVISION TWO OF SECTION EIGHTY-SEVEN  OF  THE  WORKERS'  COMPENSATION
   46  LAW.
   47    ANNUALLY, THE STATE INSURANCE FUND AND THE WORKERS' COMPENSATION BOARD
   48  WILL  PROVIDE  TO  THE  DIRECTOR  OF THE BUDGET, THE CHAIR OF THE SENATE
   49  FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS  COMMIT-
   50  TEE,  AN  ACCOUNTING  OF  SUCH FUNDS AND ALL ASSOCIATED INCOME RECEIVED.
   51  SUCH ACCOUNTING WILL CONTINUE UNTIL  MARCH  THIRTY-FIRST,  TWO  THOUSAND
   52  SEVENTEEN.
   53    12. THE CHAIR SHALL PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS
   54  OF THIS SECTION.
   55    13.  TO  EFFECTUATE  AN  EFFICIENT  ASSESSMENT  PROCESS AND THE PROPER
   56  MANAGEMENT OF THE WORKERS' COMPENSATION SYSTEM ALL DATA IN POSSESSION OF
       S. 2607--D                         156                        A. 3007--D

    1  THE COMPENSATION INSURANCE RATING BOARD SHALL BE MADE AVAILABLE  TO  THE
    2  BOARD AND THE DEPARTMENT OF FINANCIAL SERVICES UPON REQUEST.
    3    14. THE CHAIR MAY CONDUCT PERIODIC AUDITS OF ANY EMPLOYER, SELF-INSUR-
    4  ER, INSURANCE CARRIER AND THE STATE INSURANCE FUND CONCERNING ANY INFOR-
    5  MATION OR PAYMENT REQUIRED UNDER THIS SECTION, INCLUDING ANY INFORMATION
    6  RELEVANT TO THE PAYMENT OR CALCULATION OF ANY ASSESSMENTS. THE EMPLOYER,
    7  SELF-INSURER,  INSURANCE  CARRIER  AND  THE  STATE  INSURANCE FUND SHALL
    8  PROVIDE ALL NECESSARY DOCUMENTS AND INFORMATION IN RELATION TO AN  AUDIT
    9  IN A MANNER PRESCRIBED BY THE CHAIR. UPON THE DETERMINATION OF THE CHAIR
   10  THAT AN EMPLOYER, SELF-INSURER, INSURANCE CARRIER OR THE STATE INSURANCE
   11  FUND  HAS  UNDERPAID AN ASSESSMENT AS A RESULT OF ITS INACCURATE REPORT-
   12  ING, THE EMPLOYER, SELF-INSURER, INSURANCE CARRIER OR THE  STATE  INSUR-
   13  ANCE  FUND  UPON NOTICE FROM THE CHAIR, SHALL PAY THE FULL AMOUNT OF THE
   14  UNDERPAID ASSESSMENT, ALONG WITH INTEREST AT THE RATE OF NINE  PER  CENT
   15  PER  ANNUM ON THE UNPAID ASSESSMENT DUE NOT LATER THAN THIRTY DAYS AFTER
   16  SUCH NOTICE.  AN INSURANCE CARRIER OR EMPLOYER THAT  KNOWINGLY  MAKES  A
   17  MATERIAL  MISREPRESENTATION  OF  INFORMATION REQUIRED FOR THE PURPOSE OF
   18  EFFECTUATING THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
   19    S 23. Subdivision 5 of section 54 of the workers' compensation law, as
   20  amended by chapter 164 of the laws of 1992 and the closing paragraph  as
   21  added by chapter 322 of the laws of 2008, is amended to read as follows:
   22    5. Cancellation and termination of insurance contracts. No contract of
   23  insurance issued by an insurance carrier against liability arising under
   24  this chapter shall be cancelled within the time limited in such contract
   25  for  its  expiration unless notice is given as required by this section.
   26  When cancellation is due to non-payment  of  premiums  AND  ASSESSMENTS,
   27  such cancellation shall not be effective until at least ten days after a
   28  notice  of  cancellation  of  such contract, on a date specified in such
   29  notice, shall be filed in the office of the chair and also served on the
   30  employer.  When cancellation is due to any reason other than non-payment
   31  of premiums AND ASSESSMENTS, such cancellation shall  not  be  effective
   32  until  at  least  thirty  days  after  a  notice of cancellation of such
   33  contract, on a date specified in such notice,  shall  be  filed  in  the
   34  office  of the chair and also served on the employer; provided, however,
   35  in either case, that if the employer has secured insurance with  another
   36  insurance carrier which becomes effective prior to the expiration of the
   37  time  stated  in  such notice, the cancellation shall be effective as of
   38  the date of such other coverage. No insurer shall refuse  to  renew  any
   39  policy  insuring  against liability arising under this chapter unless at
   40  least thirty days prior to its expiration notice  of  intention  not  to
   41  renew  has  been filed in the office of the chair and also served on the
   42  employer.
   43    Such notice shall be served on the employer by delivering it  to  him,
   44  her  or  it or by sending it by mail, by certified or registered letter,
   45  return receipt requested, addressed to the employer at his, her  or  its
   46  last  known place of business; provided that, if the employer be a part-
   47  nership, then such notice may be so given to any of one of the partners,
   48  and if the employer be a corporation then the notice may be given to any
   49  agent or officer of the corporation  upon  whom  legal  process  may  be
   50  served;  and  further provided that an employer may designate any person
   51  or entity at any address to receive such  notice  including  the  desig-
   52  nation  of  one person or entity to receive notice on behalf of multiple
   53  entities insured under one insurance policy and that service  of  notice
   54  at  the address so designated upon the person or entity so designated by
   55  delivery or by mail, by certified or registered letter,  return  receipt
   56  requested,  shall  satisfy  the  notice  requirement  of  this  section.
       S. 2607--D                         157                        A. 3007--D

    1  Provided, however, the right to cancellation of a policy of insurance in
    2  the state fund shall be exercised only for non-payment of  premiums  AND
    3  ASSESSMENTS or as provided in section ninety-four of this chapter.
    4    The  provisions  of  this  subdivision shall not apply with respect to
    5  policies containing coverage pursuant to subsection (j) of section three
    6  thousand four hundred twenty of the  insurance  law  relating  to  every
    7  policy  providing  comprehensive  personal liability insurance on a one,
    8  two, three or four family owner-occupied dwelling.
    9    In the event such cancellation or termination notice is not filed with
   10  the chair within the required time period,  the  chair  shall  impose  a
   11  penalty  in  the  amount  of up to five hundred dollars for each ten-day
   12  period the insurance carrier or state insurance fund failed to file  the
   13  notification. All penalties collected pursuant to this subdivision shall
   14  be deposited in the uninsured employers' fund.
   15    S 24. Section 93 of the workers' compensation law, as amended by chap-
   16  ter  94 of the laws of 1988 and subdivisions b and c as amended by chap-
   17  ter 635 of the laws of 1996, is amended to read as follows:
   18    S 93. Collection of premium in case of default. a. If  a  policyholder
   19  shall  default  in  any  payment required to be made by him to the state
   20  insurance fund after due notice, his insurance in the state fund may  be
   21  cancelled and the amount due from him shall be collected by civil action
   22  brought against him in any county wherein the state insurance fund main-
   23  tains  an office in the name of the commissioners of the state insurance
   24  fund and the same when collected, shall be paid into the state insurance
   25  fund, and such policyholder's compliance with  the  provisions  of  this
   26  chapter  requiring payments to be made to the state insurance fund shall
   27  date from the time of the payment of said money to the  state  insurance
   28  fund.
   29    b.  An  employer,  whose policy of insurance has been cancelled by the
   30  state insurance fund for non-payment of premium AND ASSESSMENTS or with-
   31  draws pursuant to section ninety-four of this article, is ineligible  to
   32  contract  for  a subsequent policy of insurance with the state insurance
   33  fund while the billed premium on the  cancelled  policy  remains  uncol-
   34  lected.
   35    c. The state insurance fund shall not be required to write a policy of
   36  insurance  for any employer which is owned or controlled or the majority
   37  interest of which is owned or controlled, directly or indirectly, by any
   38  person  who  directly  or  indirectly  owns  or  controls  or  owned  or
   39  controlled  at  the time of cancellation an employer whose former policy
   40  of insurance with the state insurance fund was cancelled for non-payment
   41  of premium AND ASSESSMENTS or withdraws pursuant to section  ninety-four
   42  of  this article or who is or was at the time of cancellation the presi-
   43  dent, vice-president, secretary or treasurer of such an  employer  until
   44  the billed premium on the cancelled policy is paid.
   45    For  purposes of this subdivision, "person" shall include individuals,
   46  partnerships, corporations, and other associations.
   47    S 25. Section 146 of the workers' compensation law, as added by  chap-
   48  ter 74 of the laws of 1945, is amended to read as follows:
   49    S  146. Offices of the board. [The principal office of the board shall
   50  be in the city of Albany.] There shall be [also] an office OF THE  BOARD
   51  in  the  city of New York and at such other place or places in the state
   52  as may be required properly and conveniently to transact the business of
   53  the board. The board may meet and exercise any or all of its  powers  at
   54  any place in the state.
   55    S  26. Section 214 of the workers' compensation law, as added by chap-
   56  ter 600 of the laws of 1949, the opening paragraph as amended by chapter
       S. 2607--D                         158                        A. 3007--D

    1  653 of the laws of 1958, subdivision 2 as amended by chapter 187 of  the
    2  laws  of  1983,  subdivision  3 as amended by chapter 629 of the laws of
    3  1958, subdivision 4 as amended by chapter 727 of the laws of 1950 and as
    4  further  amended  by  section 104 of part A of chapter 62 of the laws of
    5  2011, and subdivision 5 as added by chapter 18 of the laws of  2010,  is
    6  amended to read as follows:
    7    S 214. Special fund for disability benefits. There is hereby created a
    8  fund which shall be known as the special fund for disability benefits to
    9  provide  for  the  payment  of  disability  benefits  under sections two
   10  hundred seven, two hundred thirteen and attendance fees under  [subdivi-
   11  sion two of] section two hundred thirty-two of this article.
   12    1.  [For  the purpose of accumulating funds for payment of benefits to
   13  the disabled unemployed, there is hereby assessed a contribution at  the
   14  rate of two-tenths of one per centum of the wages paid during the period
   15  from  January  first, nineteen hundred fifty to June thirtieth, nineteen
   16  hundred fifty inclusive, to  employees  in  the  employment  of  covered
   17  employers  on or after January first, nineteen hundred fifty, but not in
   18  excess of twelve cents per week as to each such employee, of  which  the
   19  employee  shall  contribute one-tenth of one per centum of his wages but
   20  not in excess of six cents per week, and  the  employer  shall  make  an
   21  equal  contribution. The contributions of the employee shall be deducted
   22  from his wages in the same manner as provided  in  section  two  hundred
   23  nine. On or before April thirtieth, nineteen hundred fifty, the employer
   24  shall  pay  to the chairman the contributions with respect to wages paid
   25  during the quarterly period ending March thirty-first, nineteen  hundred
   26  fifty,  and  on or before July thirty-first, nineteen hundred fifty, the
   27  employer shall pay to the chairman the  contributions  with  respect  to
   28  wages  paid  during the quarterly period ending June thirtieth, nineteen
   29  hundred fifty.
   30    2.] As promptly as practicable after April  first,  [nineteen  hundred
   31  fifty-eight  and  thereafter annually as soon as practicable after April
   32  first] in each year, the chairman shall ascertain the condition  of  the
   33  fund, and if as of any such date the net assets of the fund shall be one
   34  million  dollars  or  more  below the sum of twelve million dollars, the
   35  chairman shall assess and collect [from all carriers hereinafter  speci-
   36  fied]  an  amount  sufficient  to restore the fund to an amount equal to
   37  twelve million dollars. [Carriers subject to this  assessment  shall  be
   38  such  carriers  as shall have covered employees in employment during the
   39  preceding three calendar years or any portion or portions  thereof.  The
   40  proportion  of  the  total  assessment to be assessed upon and collected
   41  from each carrier shall be that proportion thereof that the total of the
   42  payrolls covered by such carrier during said three calendar years  bears
   43  to  the  total  of all such payrolls covered by all such carriers during
   44  said three calendar years, except that the term "payrolls" as used here-
   45  in shall be deemed limited to the first seven thousand dollars of  earn-
   46  ings  of  each  employee  during any calendar year and except that there
   47  shall be excluded the payroll of employees of a  class  or  classes  for
   48  whom  plan benefits provided under this article are payable during unem-
   49  ployment for a period not less than the period provided in  section  two
   50  hundred  seven under an agreement between the employer or an association
   51  of employers and an association of the employees which has been accepted
   52  as a plan under section two hundred eleven. The chairman, before  making
   53  an  assessment  as herein provided, shall give thirty days notice to all
   54  such carriers, in the same manner provided in section two hundred  twen-
   55  ty-eight,  that  an  itemized  statement of the condition of the fund is
   56  open for inspection]. SUCH ASSESSMENT SHALL BE INCLUDED IN  THE  ASSESS-
       S. 2607--D                         159                        A. 3007--D

    1  MENT RATE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED
    2  FIFTY-ONE  OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE
    3  COMMISSIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE  BENEFIT  OF
    4  SUCH  FUND UPON PAYMENT OF DEBT SERVICE, IF ANY, PURSUANT TO SECTION ONE
    5  HUNDRED FIFTY-ONE OF THIS CHAPTER.
    6    [3.] 2. Whenever the net assets of the fund shall be less  than  three
    7  million  dollars  and  the  disability claims currently being paid shall
    8  indicate the necessity of supplementing the assets of the  fund  [before
    9  the  next  annual  assessment can be made,] the chairman may [assess and
   10  collect for all such carriers, in the same proportions  established  for
   11  the  last  preceding  annual assessment,] TRANSFER FROM MONIES COLLECTED
   12  PURSUANT TO SUBDIVISION TWO OF SECTION ONE  HUNDRED  FIFTY-ONE  OF  THIS
   13  CHAPTER  an  amount sufficient in the discretion of the chairman for the
   14  needs of the fund, but not in excess of an amount sufficient to  restore
   15  the  fund  to  twelve million dollars. [Before making any such emergency
   16  assessment the chairman shall give thirty days notice to  such  carriers
   17  in  the  same manner as provided with respect to annual assessments, and
   18  an itemized statement of the  condition  of  the  fund  shall,  in  like
   19  manner, be open for inspection.]
   20    [4.]  3.  All  contributions  and assessments received by the chairman
   21  under the provisions of this section shall be credited to the fund here-
   22  in established and deposited by  the  chairman  to  the  credit  of  the
   23  commissioner  of  taxation  and finance for the benefit of the fund. The
   24  superintendent of financial services may examine into the  condition  of
   25  the  fund  at  any time on his own initiative or upon the request of the
   26  chairman.
   27    [5. Notwithstanding any inconsistent provision of law to the contrary,
   28  effective April first, two  thousand  nine,  any  amounts  available  in
   29  excess of the maximum net asset balance of twelve million dollars pursu-
   30  ant  to  subdivision  two  of  this section, shall be transferred by the
   31  comptroller to the general fund, at the request of the director  of  the
   32  budget.]
   33    S  27.  Section 228 of the workers' compensation law is REPEALED and a
   34  new section 228 is added to read as follows:
   35    S 228. ADMINISTRATIVE  EXPENSES.  1.  THE  ESTIMATED  ANNUAL  EXPENSES
   36  NECESSARY   FOR  THE  WORKERS'  COMPENSATION  BOARD  TO  ADMINISTER  THE
   37  PROVISIONS OF THE DISABILITY BENEFITS LAW SHALL BE BORNE BY ALL AFFECTED
   38  EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED PURSUANT
   39  TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
   40    2. ANNUALLY, AS SOON AS PRACTICABLE AFTER THE FIRST DAY OF APRIL,  THE
   41  CHAIR  AND  DEPARTMENT  OF  AUDIT  AND CONTROL SHALL ASCERTAIN THE TOTAL
   42  AMOUNT OF ACTUAL EXPENSES.
   43    S 28.  Subdivision 6 of section 3 of the volunteer firefighters' bene-
   44  fit law is amended to read as follows:
   45    6. "Surviving spouse" means the legal [wife of a deceased male  volun-
   46  teer  fireman  or the legal husband of a deceased female volunteer fire-
   47  man, as the case may be,] SPOUSE OF A  DECEASED  VOLUNTEER  FIREFIGHTER,
   48  but  shall not include a spouse who has abandoned the deceased. The term
   49  "abandoned", as used in this subdivision, means such an  abandonment  as
   50  would be sufficient under section [eleven hundred sixty-one of the civil
   51  practice  act]  TWO  HUNDRED  OF THE DOMESTIC RELATIONS LAW to sustain a
   52  judgment of separation on that ground.
   53    S 29. Section  60  of  the  volunteer  firefighters'  benefit  law  is
   54  REPEALED and a new section 60 is added to read as follows:
   55    S 60. ASSESSMENT FOR EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES NECES-
   56  SARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE PROVISIONS OF
       S. 2607--D                         160                        A. 3007--D

    1  THE  VOLUNTEER  FIREFIGHTERS' BENEFIT LAW SHALL BE BORNE BY ALL AFFECTED
    2  EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED PURSUANT
    3  TO SUBDIVISION TWO OF SECTION ONE  HUNDRED  FIFTY-ONE  OF  THE  WORKERS'
    4  COMPENSATION LAW.
    5    2. ANNUALLY, THE CHAIR OF THE DEPARTMENT OF AUDIT AND CONTROL, AS SOON
    6  AS  PRACTICABLE  AFTER  THE  FIRST  OF  APRIL, SHALL ASCERTAIN THE TOTAL
    7  AMOUNT OF ACTUAL EXPENSES.
    8    S 30.  Subdivision 6 of section 3 of the volunteer ambulance  workers'
    9  benefit law is amended to read as follows:
   10    6.  "Surviving spouse" means the legal [wife of a deceased male volun-
   11  teer ambulance worker or the legal husband of a deceased female]  SPOUSE
   12  OF  A  DECEASED  volunteer  ambulance  worker[, as the case may be], but
   13  shall not include a spouse who has  abandoned  the  deceased.  The  term
   14  "abandoned",  as  used in this subdivision, means such an abandonment as
   15  would be sufficient under section two hundred of the domestic  relations
   16  law to sustain a judgment of separation on that ground.
   17    S  31.  Section  60 of the volunteer ambulance workers' benefit law is
   18  REPEALED and a new section 60 is added to read as follows:
   19    S 60. ASSESSMENT FOR EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES NECES-
   20  SARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE PROVISIONS OF
   21  THE VOLUNTEER AMBULANCE WORKERS' BENEFIT  LAW  SHALL  BE  BORNE  BY  ALL
   22  AFFECTED EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED
   23  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION ONE HUNDRED FIFTY-ONE OF THE
   24  WORKERS' COMPENSATION LAW.
   25    2. ANNUALLY, THE CHAIR OF THE DEPARTMENT OF AUDIT AND CONTROL, AS SOON
   26  AS PRACTICABLE AFTER THE FIRST  OF  APRIL,  SHALL  ASCERTAIN  THE  TOTAL
   27  AMOUNT OF ACTUAL EXPENSES.
   28    S 32. Section 50 of the workers' compensation law is amended by adding
   29  a new subdivision 12 to read as follows:
   30    12.  THE  CHAIR,  WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY
   31  REQUEST THE ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY FOR ONE OR MORE
   32  OF THE PURPOSES AUTHORIZED BY SECTION SIXTEEN HUNDRED  EIGHTY-Q  OF  THE
   33  PUBLIC  AUTHORITIES  LAW  AND BY A SELF-INSURED BOND FINANCING AGREEMENT
   34  AUTHORIZED BY SECTION FIFTY-C OF THIS ARTICLE. THE NET PROCEEDS OF  SUCH
   35  BONDS  SHALL BE DEPOSITED INTO THE SELF-INSURER OFFSET FUND OR AS OTHER-
   36  WISE PROVIDED BY THE APPLICABLE SELF-INSURED BOND FINANCING AGREEMENT.
   37    S 33. Subdivision 4 of section 50-a of the workers'  compensation  law
   38  is  renumbered subdivision 5 and a new subdivision 4 is added to read as
   39  follows:
   40    4. TO THE EXTENT PROVIDED BY THE SELF-INSURER BOND FINANCING AGREEMENT
   41  THE CHAIR MAY REQUEST THE DORMITORY AUTHORITY TO TRANSFER BOND  PROCEEDS
   42  INTO SUCH ACCOUNT FOR THE PURPOSES OUTLINED IN THE BOND FINANCING AGREE-
   43  MENT.
   44    S 34. The workers' compensation law is amended by adding a new section
   45  50-c to read as follows:
   46    S  50-C.  SELF-INSURED  BONDS.  1. THE CHAIR, WITH THE COMMISSIONER OF
   47  TAXATION AND FINANCE, IS AUTHORIZED TO ENTER INTO A FINANCING  AGREEMENT
   48  WITH  THE  DORMITORY  AUTHORITY,  TO  BE KNOWN AS THE "SELF-INSURED BOND
   49  FINANCING AGREEMENT". SUCH AGREEMENT SHALL SET  FORTH  THE  PROCESS  FOR
   50  CALCULATING  THE  ANNUAL  DEBT  SERVICE OF BONDS ISSUED BY THE DORMITORY
   51  AUTHORITY AND ANY OTHER ASSOCIATED COSTS IN CONNECTION WITH THE SELF-IN-
   52  SURER OFFSET FUND, AS SET FORTH IN SECTION SIXTEEN HUNDRED  EIGHTY-Q  OF
   53  THE  PUBLIC  AUTHORITIES  LAW. FOR PURPOSES OF THIS SECTION, "ASSOCIATED
   54  COSTS" MAY INCLUDE A COVERAGE FACTOR,  RESERVE  FUND  REQUIREMENTS,  ALL
   55  COSTS  OF  ANY  NATURE INCURRED BY THE DORMITORY AUTHORITY IN CONNECTION
   56  WITH THE SELF-INSURED BOND FINANCING AGREEMENT OR PURSUANT THERETO,  THE
       S. 2607--D                         161                        A. 3007--D

    1  COSTS  OF  ANY INDEPENDENT AUDITS UNDERTAKEN UNDER THIS SECTION, AND ANY
    2  OTHER COSTS FOR THE IMPLEMENTATION OF THIS SUBDIVISION AND THE  ISSUANCE
    3  OF  BONDS  BY  THE DORMITORY AUTHORITY, INCLUDING INTEREST RATE EXCHANGE
    4  PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI-
    5  ARY  FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND OTHER
    6  SIMILAR BOND-RELATED EXPENSES, UNLESS  OTHERWISE  FUNDED.  BY  SEPTEMBER
    7  FIRST  OF  EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO THE CHAIR
    8  THE CALCULATION OF THE AMOUNT EXPECTED  TO  BE  PAID  BY  THE  DORMITORY
    9  AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT-
   10  ING  THE  ASSESSMENTS  FOR  THE  DEBT  SERVICE PORTION OF THE ASSESSMENT
   11  PROVIDED FOR UNDER THIS CHAPTER. ALL MONIES RECEIVED ON ACCOUNT OF  SUCH
   12  ASSESSMENTS  SHALL  BE  APPLIED IN ACCORDANCE WITH THIS CHAPTER AND WITH
   13  THE SELF-INSURED BOND FINANCING  AGREEMENT  UNTIL  THE  FINANCIAL  OBLI-
   14  GATIONS  OF  THE DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT WITH ITS
   15  BONDHOLDERS ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMI-
   16  TORY AUTHORITY HAVE BEEN PAID, NOTWITHSTANDING ANY  OTHER  PROVISION  OF
   17  LAW  RESPECTING  SECURED TRANSACTIONS. THIS PROVISION MAY BE INCLUDED BY
   18  THE DORMITORY AUTHORITY IN ANY CONTRACT OF THE DORMITORY AUTHORITY  WITH
   19  ITS  BONDHOLDERS. THE SELF-INSURED BOND FINANCING AGREEMENT MAY RESTRICT
   20  DISBURSEMENTS, INVESTMENTS, OR REBATES, AND MAY PRESCRIBE  A  SYSTEM  OF
   21  ACCOUNTS  APPLICABLE  TO THE SELF-INSURER OFFSET FUND AS CONSISTENT WITH
   22  THE PROVISIONS OF THIS CHAPTER GOVERNING SUCH FUND, INCLUDING CUSTODY OF
   23  FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO-
   24  RY AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR  PURPOSES
   25  OF  THIS  SUBDIVISION,  THE  TERM  "BONDS" SHALL INCLUDE NOTES ISSUED IN
   26  ANTICIPATION OF THE ISSUANCE OF BONDS, OR NOTES  ISSUED  PURSUANT  TO  A
   27  COMMERCIAL PAPER PROGRAM.
   28    2.  THE  CHAIR  IS  HEREBY  AUTHORIZED  TO  RECEIVE  AND CREDIT TO THE
   29  SELF-INSURER OFFSET FUND ANY SUM  OR  SUMS  THAT  MAY  AT  ANY  TIME  BE
   30  CONTRIBUTED  TO  THE STATE BY THE UNITED STATES OF AMERICA UNDER ANY ACT
   31  OF CONGRESS, OR OTHERWISE, TO WHICH THE STATE MAY BE OR BECOME  ENTITLED
   32  BY REASON OF ANY PAYMENTS MADE OUT OF SUCH FUND.
   33    3.  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, THE CHAIR SHALL BE
   34  THE CUSTODIAN OF THE SELF-INSURER  OFFSET  FUND  AND,  UNLESS  OTHERWISE
   35  PROVIDED  FOR  IN THE SELF-INSURED BOND FINANCING AGREEMENT, THE COMMIS-
   36  SIONER OF TAXATION AND FINANCE  SHALL  INVEST  ANY  SURPLUS  OR  RESERVE
   37  MONEYS  THEREOF  IN  SECURITIES  WHICH  CONSTITUTE LEGAL INVESTMENTS FOR
   38  SAVINGS BANKS UNDER THE LAWS OF  THIS  STATE  AND  IN  INTEREST  BEARING
   39  CERTIFICATES  OF  DEPOSIT OF A BANK OR TRUST COMPANY LOCATED AND AUTHOR-
   40  IZED TO DO BUSINESS IN THIS STATE OR OF A NATIONAL BANK LOCATED IN  THIS
   41  STATE  SECURED BY A PLEDGE OF DIRECT OBLIGATIONS OF THE UNITED STATES OR
   42  OF THE STATE OF NEW YORK IN AN  AMOUNT  EQUAL  TO  THE  AMOUNT  OF  SUCH
   43  CERTIFICATES  OF  DEPOSIT, AND MAY SELL ANY OF THE SECURITIES OR CERTIF-
   44  ICATES OF DEPOSIT IN WHICH SUCH FUND IS INVESTED IF  NECESSARY  FOR  THE
   45  PROPER  ADMINISTRATION  OR  IN THE BEST INTEREST OF SUCH FUND. DISBURSE-
   46  MENTS FROM SUCH FUND AS PROVIDED BY THIS SUBDIVISION SHALL  BE  MADE  BY
   47  THE  COMMISSIONER  OF  TAXATION AND FINANCE UNLESS THE SELF-INSURED BOND
   48  FINANCING AGREEMENT PROVIDES FOR SOME OTHER MEANS  OF  AUTHORIZING  SUCH
   49  DISBURSEMENTS  THAT  IS NO LESS PROTECTIVE OF THE FUND. THE COMMISSIONER
   50  OF TAXATION AND FINANCE AS SOON AS PRACTICABLE AFTER  JANUARY  FIRST  OF
   51  EACH  YEAR,  SHALL FURNISH TO THE CHAIR A STATEMENT OF THE FUND, SETTING
   52  FORTH THE BALANCE OF MONEYS IN THE SAID FUND AS OF THE BEGINNING OF  THE
   53  CALENDAR  YEAR,  THE  INCOME OF THE FUND, THE SUMMARY OF PAYMENTS OUT OF
   54  THE FUND ON ACCOUNT OF REIMBURSEMENTS AND OTHER CHARGES  ORDERED  TO  BE
   55  PAID  BY  THE  BOARD, AND ALL OTHER CHARGES AGAINST THE FUND AND SETTING
   56  FORTH THE BALANCE OF THE FUND REMAINING  TO  ITS  CREDIT  ON  THE  PRIOR
       S. 2607--D                         162                        A. 3007--D

    1  DECEMBER  THIRTY-FIRST  OF  EACH  YEAR.  SUCH STATEMENT SHALL BE OPEN TO
    2  PUBLIC INSPECTION IN THE OFFICE OF THE SECRETARY  OF  THE  BOARD.    THE
    3  CHAIR  SHALL  INCLUDE IN THE REPORTS TO THE GOVERNOR, THE SPEAKER OF THE
    4  ASSEMBLY  AND  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE AS REQUIRED BY
    5  SECTION NINE OF PART G OF CHAPTER FIFTY-SEVEN OF THE LAWS OF  TWO  THOU-
    6  SAND  ELEVEN,  A SUMMARY OF THE STATUS OF THE BONDING PROGRAM AUTHORIZED
    7  BY THIS SECTION.  THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH
    8  WITHIN THE SELF-INSURER OFFSET FUND SUCH ACCOUNTS AND SUB-ACCOUNTS AS HE
    9  OR SHE DEEMS USEFUL FOR THE OPERATION OF THE FUND, OR  AS  NECESSARY  TO
   10  SEGREGATE  MONEYS  WITHIN  THE  FUND,  SUBJECT  TO THE PROVISIONS OF THE
   11  SELF-INSURED BOND FINANCING AGREEMENT AND OF THIS CHAPTER.
   12    S 35. The public authorities law is amended by adding  a  new  section
   13  1680-q to read as follows:
   14    S  1680-Q. SELF-INSURED BOND FINANCING. 1. AS USED IN THIS SECTION THE
   15  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   16    (A) "ANCILLARY BOND FACILITY" MEANS  ANY  INTEREST  RATE  EXCHANGE  OR
   17  SIMILAR  AGREEMENT  OR  ANY  BOND  INSURANCE POLICY, LETTER OF CREDIT OR
   18  OTHER  CREDIT  ENHANCEMENT  FACILITY,  LIQUIDITY  FACILITY,   GUARANTEED
   19  INVESTMENT  OR  REINVESTMENT  AGREEMENT,  OR  OTHER  SIMILAR  AGREEMENT,
   20  ARRANGEMENT OR CONTRACT.
   21    (B) "BENEFITED PARTY" MEANS  ANY  PERSON,  FIRM  OR  CORPORATION  THAT
   22  ENTERS  INTO  AN ANCILLARY BOND FACILITY WITH THE AUTHORITY ACCORDING TO
   23  THE PROVISIONS OF THIS SECTION.
   24    (C) "BONDS" MEANS ANY BONDS, NOTES, CERTIFICATES OF PARTICIPATION  AND
   25  OTHER  EVIDENCE  OF  INDEBTEDNESS  ISSUED  BY  THE AUTHORITY PURSUANT TO
   26  SUBDIVISION FIVE OF THIS SECTION.
   27    (D) "BOND OWNERS OR OWNERS OF BONDS" MEANS ANY  REGISTERED  OWNERS  OF
   28  BONDS.
   29    (E) "CHAIR" MEANS THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
   30    (F)  "CODE"  MEANS THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS
   31  AMENDED.
   32    (G) "COSTS OF ISSUANCE" MEANS ANY ITEM OF EXPENSE  DIRECTLY  OR  INDI-
   33  RECTLY  PAYABLE  OR  REIMBURSABLE  BY  THE  AUTHORITY AND RELATED TO THE
   34  AUTHORIZATION, SALE, OR ISSUANCE OF BONDS, INCLUDING,  BUT  NOT  LIMITED
   35  TO,  UNDERWRITING FEES AND FEES AND EXPENSES OF PROFESSIONAL CONSULTANTS
   36  AND FIDUCIARIES.
   37    (H) "DEBT SERVICE" MEANS ACTUAL DEBT SERVICE, COMPRISED OF  PRINCIPAL,
   38  INTEREST  AND  ASSOCIATED  COSTS,  AS  DEFINED IN SECTION FIFTY-C OF THE
   39  WORKERS' COMPENSATION LAW.
   40    (I) "DIRECTOR OF THE BUDGET" OR "DIRECTOR" MEANS THE DIRECTOR  OF  THE
   41  BUDGET OF THE STATE OF NEW YORK.
   42    (J)  "FINANCING COSTS" MEANS ALL COSTS OF ISSUANCE, CAPITALIZED INTER-
   43  EST, CAPITALIZED OPERATING EXPENSES OF THE AUTHORITY  AND,  PURSUANT  TO
   44  THE  SELF-INSURED  BOND FINANCING AGREEMENT, FEES, COST OF ANY ANCILLARY
   45  BOND FACILITY, AND ANY OTHER FEES, DISCOUNTS, EXPENSES AND COSTS RELATED
   46  TO ISSUING, SECURING AND MARKETING THE BONDS INCLUDING, WITHOUT  LIMITA-
   47  TION, ANY NET ORIGINAL ISSUE DISCOUNT.
   48    (K)  "INVESTMENT  SECURITIES" SHALL HAVE THE SAME MEANING AS SET FORTH
   49  IN SECTION ONE THOUSAND SIX HUNDRED EIGHTY-L OF THIS TITLE.
   50    (L) "INTEREST RATE EXCHANGE OR  SIMILAR  AGREEMENT"  MEANS  A  WRITTEN
   51  CONTRACT  ENTERED  INTO IN CONNECTION WITH THE ISSUANCE OF BONDS OR WITH
   52  SUCH BONDS OUTSTANDING WITH A COUNTERPARTY TO PROVIDE FOR AN EXCHANGE OR
   53  SWAP OF PAYMENTS BASED UPON FIXED AND/OR VARIABLE  INTEREST  RATES,  AND
   54  SHALL BE FOR EXCHANGES IN CURRENCY OF THE UNITED STATES OF AMERICA ONLY.
   55    (M)  "NET  PROCEEDS"  MEANS THE AMOUNT OF PROCEEDS REMAINING FOLLOWING
   56  EACH SALE OF BONDS WHICH ARE NOT REQUIRED BY THE AUTHORITY FOR  PURPOSES
       S. 2607--D                         163                        A. 3007--D

    1  OF  THIS  SECTION TO PAY OR PROVIDE FOR DEBT SERVICE OR FINANCING COSTS,
    2  AS PROVIDED IN THE SELF-INSURED BOND FINANCING AGREEMENT.
    3    (N)  "OPERATING  EXPENSES" MEANS THE REASONABLE OR NECESSARY OPERATING
    4  EXPENSES OF THE AUTHORITY FOR PURPOSES OF THIS SECTION, INCLUDING, WITH-
    5  OUT LIMITATION, THE COSTS OF:  RETENTION  OF  AUDITORS,  PREPARATION  OF
    6  ACCOUNTING  AND  OTHER REPORTS, MAINTENANCE OF THE RATINGS ON THE BONDS,
    7  ANY OPERATING EXPENSE RESERVE FUND, INSURANCE PREMIUMS,  ANCILLARY  BOND
    8  FACILITIES,  REBATE  PAYMENTS,  ANNUAL MEETINGS OR OTHER REQUIRED ACTIV-
    9  ITIES OF THE AUTHORITY, AND PROFESSIONAL CONSULTANTS AND FIDUCIARIES.
   10    (O) "OUTSTANDING", WHEN USED WITH  RESPECT  TO  BONDS,  SHALL  EXCLUDE
   11  BONDS  THAT  SHALL  HAVE  BEEN  PAID  IN FULL AT MATURITY, OR SHALL HAVE
   12  OTHERWISE BEEN REFUNDED, REDEEMED, DEFEASED OR DISCHARGED, OR  THAT  MAY
   13  BE DEEMED NOT OUTSTANDING PURSUANT TO AGREEMENTS WITH THE HOLDERS THERE-
   14  OF.
   15    (P)  "PLEDGED  ASSESSMENTS  REVENUES",  "PLEDGED REVENUES" OR "PLEDGED
   16  ASSESSMENTS" MEANS RECEIPTS  OF  THE  ASSESSMENTS  IMPOSED  PURSUANT  TO
   17  SECTION  ONE  HUNDRED  FIFTY-ONE  OF  THE  WORKERS' COMPENSATION LAW AND
   18  PLEDGED FOR THE PAYMENT OF DEBT SERVICE ON  THE  BONDS  OR  AMOUNTS  DUE
   19  PURSUANT  TO  AN ANCILLARY BOND FACILITY, INCLUDING THE RIGHT TO RECEIVE
   20  SAME.
   21    (Q) "SELF-INSURER OFFSET FUND" SHALL MEAN THE FUND COMPOSED OF  REVEN-
   22  UES,  INCLUDING  THOSE  OBTAINED BY THE BONDS ISSUED UNDER THIS SECTION,
   23  WHICH SHALL BE USED SOLELY FOR THE  PURPOSES  DESCRIBED  IN  SUBDIVISION
   24  FOUR OF THIS SECTION.
   25    (R)  "SELF-INSURED  EMPLOYER"  MEANS INDIVIDUAL AND GROUP SELF-INSURED
   26  EMPLOYERS ESTABLISHED IN ACCORDANCE WITH SECTION FIFTY OF  THE  WORKERS'
   27  COMPENSATION LAW.
   28    (S) "STATE" MEANS THE STATE OF NEW YORK.
   29    (T)  "SELF-INSURED  BOND FINANCING AGREEMENT" OR "FINANCING AGREEMENT"
   30  MEANS AN AGREEMENT AUTHORIZED AND CREATED PURSUANT TO  SUBDIVISION  FOUR
   31  OF THIS SECTION AND SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW, AS
   32  SAME BY ITS TERMS AND BOND PROCEEDINGS, MAY BE AMENDED.
   33    2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS-
   34  MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK-
   35  ERS'  COMPENSATION  LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL
   36  AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE  SELF-
   37  INSURED  BOND  FINANCING  AGREEMENTS DESCRIBED IN SECTION FIFTY-C OF THE
   38  WORKERS' COMPENSATION LAW. ALL OF THE PROVISIONS OF THE PUBLIC  AUTHORI-
   39  TIES  LAW  RELATING  TO BONDS AND NOTES OF THE DORMITORY AUTHORITY WHICH
   40  ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY  TO
   41  OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO THE
   42  POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES
   43  OR  REFUNDING  BONDS THEREOF. THE PROVISIONS OF THIS SECTION SHALL APPLY
   44  SOLELY TO OBLIGATIONS AUTHORIZED BY THIS SECTION.
   45    3. IT IS FOUND AND DECLARED THAT UNFUNDED CLAIMS IN EITHER  THE  INDI-
   46  VIDUAL  OR GROUP SELF-INSURANCE TRUST PROGRAM WILL, ABSENT PROVISION FOR
   47  LONG-TERM FINANCING, RESULT IN IMPOSITION OF COSTS ON ALL  SELF-INSURERS
   48  THROUGH  ASSESSMENTS; THAT SUCH UNFUNDED CLAIMS AND ASSESSMENTS MAY HAVE
   49  A DETRIMENTAL IMPACT ON BUSINESSES AND  NOT-FOR-PROFIT  CORPORATIONS  IN
   50  NEW  YORK  STATE AND ON THE PROVISION OF SERVICES TO NEW YORK RESIDENTS;
   51  THAT WITHOUT FINANCING THE  BOARD  MAY  BE  REQUIRED  TO  IMPOSE  HIGHER
   52  ASSESSMENTS  TO  PAY SUCH UNFUNDED CLAIMS; THAT FINANCING WILL ALLOW THE
   53  WORKERS' COMPENSATION BOARD TO PURCHASE ONE OR MORE ASSUMPTIONS OF WORK-
   54  ERS' COMPENSATION LIABILITY POLICIES THAT WILL LIMIT THE LONG TERM LOSS-
   55  ES FROM THESE UNFUNDED CLAIMS; THAT THE BONDS WILL PROVIDE A MORE  EFFI-
   56  CIENT  MEANS  OF  COVERING  UNFUNDED  CLAIMS  THAN THE CURRENT SYSTEM OF
       S. 2607--D                         164                        A. 3007--D

    1  ASSESSMENT ON ALL SELF-INSUREDS; THAT BONDS ISSUED BY THE AUTHORITY  AND
    2  SECURED  BY  ASSESSMENTS LEVIED, FOR THE GOVERNMENTAL PURPOSE OF FUNDING
    3  ASSUMPTION OF WORKERS' COMPENSATION LIABILITY POLICIES, AMORTIZED OVER A
    4  SUBSTANTIAL  PERIOD  WOULD  ALLOW THE STATE TO LIMIT LIABILITIES AND THE
    5  ASSESSMENTS NEEDED TO PAY THEM, THEREBY FURTHERING  THE  POLICY  OF  THE
    6  STATE  TO  REDUCE  THE COSTS OF WORKERS' COMPENSATION AND TO IMPROVE THE
    7  BUSINESS CLIMATE IN THE STATE AND THE ABILITY OF  NOT-FOR-PROFIT  CORPO-
    8  RATIONS  TO  PERFORM ESSENTIAL SERVICES WHILE COMPENSATING INJURED WORK-
    9  ERS; THAT ALL COSTS OF THE AUTHORITY IN RELATION TO THIS  SECTION  SHALL
   10  BE  PAID FROM ASSESSMENTS PROVIDED FOR IN THE WORKERS' COMPENSATION LAW;
   11  AND THAT, THEREFORE, THE PROVISIONS OF THIS SECTION ARE FOR  THE  PUBLIC
   12  BENEFIT  AND  GOOD AND THE AUTHORIZATION AS PROVIDED IN THIS SECTION FOR
   13  THE ISSUANCE OF REVENUE OBLIGATIONS OF THE AUTHORITY IS DECLARED  TO  BE
   14  FOR A PUBLIC PURPOSE AND THE EXERCISE OF AN ESSENTIAL GOVERNMENTAL FUNC-
   15  TION.
   16    4. (A) THE AUTHORITY, THE COMMISSIONER OF TAXATION AND FINANCE AND THE
   17  CHAIR,  IN  CONSULTATION WITH THE DIRECTOR OF THE BUDGET SHALL EXECUTE A
   18  FINANCING AGREEMENT PRIOR TO THE ISSUANCE OF ANY BONDS.  SUCH  AGREEMENT
   19  SHALL  CONTAIN  SUCH  TERMS AND CONDITIONS AS ARE NECESSARY TO CARRY OUT
   20  AND EFFECTUATE THE PURPOSES OF THIS SECTION,  INCLUDING  COVENANTS  WITH
   21  RESPECT  TO  THE  ASSESSMENTS  AND  ENFORCEMENT  OF THE ASSESSMENTS, THE
   22  APPLICATION AND USE OF THE PROCEEDS OF THE SALE OF BONDS TO PRESERVE THE
   23  TAX EXEMPTION ON THE BONDS, THE INTEREST ON  WHICH  IS  INTENDED  TO  BE
   24  EXEMPT  FROM  TAXATION.  THE  STATE  SHALL NOT BE AUTHORIZED TO MAKE ANY
   25  COVENANT, PLEDGE, PROMISE OR AGREEMENT PURPORTING TO BIND THE STATE WITH
   26  RESPECT TO PLEDGED REVENUES, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED
   27  BY THIS SECTION.
   28    (B) THE NET PROCEEDS OF THE BONDS SHALL  BE  DEPOSITED  IN  ACCORDANCE
   29  WITH  THE  SELF-INSURED  BOND  FINANCING AGREEMENT AND THIS SECTION. THE
   30  SELF-INSURED BOND FINANCING AGREEMENT SHALL PROVIDE FOR THE  APPLICATION
   31  OF  THE NET BOND PROCEEDS, AND SUCH BOND PROCEEDS SHALL BE USED, FOR ANY
   32  OF THE FOLLOWING PURPOSES: (I) TO PAY UNMET COMPENSATION OR BENEFITS  OF
   33  INDIVIDUAL  AND  GROUP  SELF-INSURED  EMPLOYERS; (II) TO PURCHASE ONE OR
   34  MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY POLICIES TO DISCHARGE
   35  THE LIABILITIES INCURRED OR TO BE INCURRED UNDER  SUBDIVISION  THREE  OR
   36  THREE-A  OF  SECTION FIFTY OF THE WORKERS' COMPENSATION LAW; OR (III) TO
   37  PAY FINANCING COSTS OF THE BONDS ISSUED UNDER THIS SECTION.  NOT  INCON-
   38  SISTENT WITH THIS SECTION, THE AUTHORITY MAY PROVIDE RESTRICTIONS ON THE
   39  USE AND INVESTMENT OF NET PROCEEDS OF THE BONDS AND OTHER AMOUNTS IN THE
   40  SELF-INSURED  BOND  FINANCING AGREEMENT OR OTHERWISE IN A TAX REGULATORY
   41  AGREEMENT AS NECESSARY OR DESIRABLE TO ASSURE THAT THEY ARE EXEMPT  FROM
   42  TAXATION.
   43    5.  (A) (I) THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED TO
   44  ISSUE ITS BONDS AT SUCH TIMES AND IN SUCH  AGGREGATE  PRINCIPAL  AMOUNTS
   45  NOT  TO  EXCEED  AN AMOUNT TO BE DETERMINED BY THE CHAIR AS NECESSARY TO
   46  FUND THE PURPOSES OF THIS SECTION, BUT IN NO CASE EXCEEDING NINE HUNDRED
   47  MILLION DOLLARS EXCLUSIVE OF ANY BONDS ISSUED TO REFUND BONDS PREVIOUSLY
   48  ISSUED PURSUANT TO THIS CHAPTER AND ANY BONDS ISSUED TO FUND ANY RESERVE
   49  FUNDS COST OF ISSUANCE OR ORIGINAL ISSUE PREMIUM.   THE BONDS  SHALL  BE
   50  ISSUED  FOR  THE  FOLLOWING CORPORATE PURPOSES: (A) TO PAY CURRENT UNMET
   51  COMPENSATION OR BENEFITS OF INDIVIDUAL AND GROUP SELF-INSURED EMPLOYERS;
   52  (B) TO PURCHASE ONE OR MORE ASSUMPTIONS OF WORKERS' COMPENSATION LIABIL-
   53  ITY POLICIES TO DISCHARGE THE LIABILITIES INCURRED  OR  TO  BE  INCURRED
   54  UNDER  SUBDIVISION  THREE  OR  THREE-A  OF SECTION FIFTY OF THE WORKERS'
   55  COMPENSATION LAW; OR (C) TO PAY FINANCING  COSTS  OF  THE  BONDS  ISSUED
   56  UNDER THIS SECTION.
       S. 2607--D                         165                        A. 3007--D

    1    (II) EACH ISSUANCE OF BONDS SHALL BE AUTHORIZED BY A RESOLUTION OF THE
    2  AUTHORITY,  PROVIDED,  HOWEVER, THAT ANY SUCH RESOLUTION MAY DELEGATE TO
    3  AN OFFICER OF THE AUTHORITY THE POWER TO ISSUE SUCH BONDS FROM  TIME  TO
    4  TIME  AND TO FIX THE DETAILS OF ANY SUCH ISSUES OF BONDS BY AN APPROPRI-
    5  ATE  CERTIFICATE OF SUCH AUTHORIZED OFFICER. EVERY ISSUE OF THE BONDS OF
    6  THE AUTHORITY FOR THE SELF-INSURER OFFSET FUND SHALL BE SPECIAL  REVENUE
    7  OBLIGATIONS  PAYABLE  FROM AND SECURED BY A PLEDGE OF REVENUES AND OTHER
    8  ASSETS, INCLUDING THOSE PROCEEDS OF SUCH BONDS DEPOSITED  IN  A  RESERVE
    9  FUND  FOR  THE  BENEFIT  OF BONDHOLDERS, EARNINGS ON SUCH FUNDS AND SUCH
   10  OTHER FUNDS AND ASSETS AS MAY BECOME  AVAILABLE,  UPON  SUCH  TERMS  AND
   11  CONDITIONS  AS  SPECIFIED BY THE AUTHORITY IN THE RESOLUTION UNDER WHICH
   12  THE BONDS ARE ISSUED OR IN A RELATED TRUST INDENTURE.
   13    (III) THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED FROM
   14  TIME TO TIME TO ISSUE BONDS, IN CONSULTATION WITH THE CHAIR, THE COMMIS-
   15  SIONER OF TAXATION AND FINANCE AND THE DIRECTOR OF THE BUDGET, TO REFUND
   16  ANY BONDS ISSUED UNDER THIS SECTION BY THE ISSUANCE OF NEW BONDS, WHETH-
   17  ER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS
   18  PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OF ITS  OTHER
   19  CORPORATE  PURPOSES  UNDER  THIS  SECTION.  THE  REFUNDING  BONDS MAY BE
   20  EXCHANGED FOR THE BONDS TO BE REFUNDED OR SOLD AND THE PROCEEDS  APPLIED
   21  TO THE PURCHASE, REDEMPTION OR PAYMENT OF SUCH BONDS.
   22    (B)  THE  BONDS  OF  THE AUTHORITY OF EACH ISSUE SHALL BE DATED, SHALL
   23  BEAR INTEREST (WHICH, IN THE OPINION OF BOND COUNSEL TO  THE  AUTHORITY,
   24  MAY  BE  INCLUDABLE IN OR EXCLUDABLE FROM THE GROSS INCOME OF THE OWNERS
   25  FOR FEDERAL INCOME TAX PURPOSES) AT SUCH FIXED OR VARIABLE RATES,  PAYA-
   26  BLE  AT OR PRIOR TO MATURITY, AND SHALL MATURE AT SUCH TIME OR TIMES, AS
   27  MAY BE DETERMINED BY THE AUTHORITY AND MAY  BE  MADE  REDEEMABLE  BEFORE
   28  MATURITY,  AT  THE  OPTION OF THE AUTHORITY, AT SUCH PRICE OR PRICES AND
   29  UNDER SUCH TERMS AND CONDITIONS AS MAY BE FIXED BY  THE  AUTHORITY.  THE
   30  PRINCIPAL  AND  INTEREST OF SUCH BONDS MAY BE MADE PAYABLE IN ANY LAWFUL
   31  MEDIUM. THE RESOLUTION OR THE  CERTIFICATE  OF  THE  AUTHORIZED  OFFICER
   32  SHALL  DETERMINE  THE FORM OF THE BONDS, EITHER REGISTERED OR BOOK-ENTRY
   33  FORM, AND THE MANNER OF EXECUTION OF THE BONDS AND SHALL FIX THE DENOMI-
   34  NATION OR DENOMINATIONS OF THE BONDS AND THE PLACE OR PLACES OF  PAYMENT
   35  OF  PRINCIPAL  AND  INTEREST  THEREOF, WHICH MAY BE AT ANY BANK OR TRUST
   36  COMPANY WITHIN OR OUTSIDE THE STATE. IF ANY OFFICER WHOSE SIGNATURE OR A
   37  FACSIMILE THEREOF APPEARS ON ANY BONDS SHALL CEASE TO  BE  SUCH  OFFICER
   38  BEFORE  THE  DELIVERY  OF  SUCH BONDS, SUCH SIGNATURE OR FACSIMILE SHALL
   39  NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL PURPOSES  THE  SAME  AS  IF
   40  SUCH  OFFICER  HAD REMAINED IN OFFICE UNTIL SUCH DELIVERY. THE AUTHORITY
   41  MAY ALSO PROVIDE FOR TEMPORARY BONDS AND FOR THE REPLACEMENT OF ANY BOND
   42  THAT SHALL BECOME MUTILATED OR SHALL BE DESTROYED OR LOST.
   43    (C) THE AUTHORITY MAY SELL SUCH BONDS, EITHER AT A PUBLIC  OR  PRIVATE
   44  SALE  AND  EITHER ON A COMPETITIVE OR NEGOTIATED BASIS, PROVIDED NO SUCH
   45  BONDS MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE UNLESS SUCH SALE  AND
   46  THE  TERMS  THEREOF  HAVE BEEN APPROVED IN WRITING BY THE COMPTROLLER OF
   47  THE STATE OF NEW YORK. THE PROCEEDS OF SUCH BONDS SHALL BE DISBURSED FOR
   48  THE PURPOSES FOR WHICH SUCH BONDS WERE ISSUED UNDER SUCH RESTRICTIONS AS
   49  THE FINANCING AGREEMENT AND THE RESOLUTION AUTHORIZING THE  ISSUANCE  OF
   50  SUCH  BONDS OR THE RELATED TRUST INDENTURE MAY PROVIDE. SUCH BONDS SHALL
   51  BE ISSUED WITHOUT ANY  OTHER  APPROVALS,  FILINGS,  PROCEEDINGS  OR  THE
   52  HAPPENING  OF  ANY  OTHER CONDITIONS OTHER THAN ANY APPROVALS, FINDINGS,
   53  PROCEEDINGS, OR  OTHER  CONDITIONS  THAT  ARE  SPECIFIED  AND  EXPRESSLY
   54  REQUIRED  BY THIS SECTION; PROVIDED, HOWEVER, THAT ANY ISSUANCE OF BONDS
   55  UNDER THE AUTHORITY OF THIS SECTION SHALL BE CONSIDERED  A  PROJECT  FOR
       S. 2607--D                         166                        A. 3007--D

    1  THE  PURPOSES  OF  SECTION  FIFTY-ONE  OF  THIS  CHAPTER  AND SUBJECT TO
    2  APPROVAL UNDER SUCH SECTION.
    3    (D) ANY PLEDGE MADE BY THE AUTHORITY SHALL BE VALID AND BINDING AT THE
    4  TIME  THE  PLEDGE  IS  MADE. THE ASSETS, PROPERTY, REVENUES, RESERVES OR
    5  EARNINGS SO PLEDGED SHALL IMMEDIATELY BE SUBJECT TO  THE  LIEN  OF  SUCH
    6  PLEDGE WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT AND THE LIEN
    7  OF  ANY  SUCH  PLEDGE  SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES
    8  HAVING CLAIMS OF ANY KIND AGAINST THE AUTHORITY, IRRESPECTIVE OF WHETHER
    9  SUCH PARTIES HAVE NOTICE THEREOF. NOTWITHSTANDING ANY OTHER PROVISION OF
   10  LAW TO THE CONTRARY, NEITHER THE BOND RESOLUTION NOR  ANY  INDENTURE  OR
   11  OTHER  INSTRUMENT,  INCLUDING THE FINANCING AGREEMENT, BY WHICH A PLEDGE
   12  IS CREATED OR BY WHICH THE AUTHORITY'S INTEREST IN PLEDGED ASSETS, PROP-
   13  ERTY, REVENUES, RESERVES OR EARNINGS THEREON IS ASSIGNED NEED BE  FILED,
   14  PERFECTED  OR  RECORDED  IN  ANY  PUBLIC RECORDS IN ORDER TO PROTECT THE
   15  PLEDGE THEREOF OR PERFECT THE LIEN THEREOF  AS  AGAINST  THIRD  PARTIES,
   16  EXCEPT THAT A COPY THEREOF SHALL BE FILED IN THE RECORDS OF THE AUTHORI-
   17  TY.
   18    (E)  WHETHER  OR  NOT  THE BONDS OF THE AUTHORITY ARE OF SUCH FORM AND
   19  CHARACTER AS TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM
   20  COMMERCIAL CODE, THE BONDS ARE HEREBY MADE  NEGOTIABLE  INSTRUMENTS  FOR
   21  ALL  PURPOSES, SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRA-
   22  TION.
   23    (F) AT THE SOLE DISCRETION OF THE AUTHORITY, ANY BONDS ISSUED  BY  THE
   24  AUTHORITY  AND  ANY ANCILLARY BOND FACILITY MADE UNDER THE PROVISIONS OF
   25  THIS SUBDIVISION MAY BE SECURED BY A RESOLUTION OR  TRUST  INDENTURE  BY
   26  AND  BETWEEN THE AUTHORITY AND THE TRUST INDENTURE TRUSTEE, WHICH MAY BE
   27  ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY,  WHETHER
   28  LOCATED  WITHIN  OR  OUTSIDE  THE  STATE,  PROVIDED IT IS CARRIED OUT IN
   29  ACCORDANCE WITH SECTION SIXTY-NINE-D OF  THE  STATE  FINANCE  LAW.  SUCH
   30  TRUST  INDENTURE  OR RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS
   31  MAY PROVIDE FOR THE CREATION AND MAINTENANCE OF  SUCH  RESERVES  AS  THE
   32  AUTHORITY SHALL DETERMINE TO BE PROPER AND MAY INCLUDE COVENANTS SETTING
   33  FORTH  THE  DUTIES  OF  THE  AUTHORITY  IN RELATION TO THE BONDS, OR THE
   34  FINANCING AGREEMENT. SUCH TRUST  INDENTURE  OR  RESOLUTION  MAY  CONTAIN
   35  PROVISIONS: (I) RESPECTING THE CUSTODY, SAFE-GUARDING AND APPLICATION OF
   36  ALL  MONEYS AND SECURITIES; (II) PROTECTING AND ENFORCING THE RIGHTS AND
   37  REMEDIES (PURSUANT TO THE TRUST INDENTURE AND THE  FINANCING  AGREEMENT)
   38  OF  THE  OWNERS  OF  THE  BONDS  AND ANY OTHER BENEFITED PARTY AS MAY BE
   39  REASONABLE AND PROPER AND NOT IN VIOLATION OF LAW; (III) CONCERNING  THE
   40  RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY BONDHOLDERS PURSU-
   41  ANT TO PARAGRAPH (G) OF THIS SUBDIVISION; OR (IV) LIMITING OR ABROGATING
   42  THE  RIGHT  OF  THE BONDHOLDERS TO APPOINT A TRUSTEE. IT SHALL BE LAWFUL
   43  FOR ANY BANK OR TRUST  COMPANY  WHICH  MAY  ACT  AS  DEPOSITORY  OF  THE
   44  PROCEEDS  OF  BONDS  OR  OF  ANY  OTHER FUNDS OR OBLIGATIONS RECEIVED ON
   45  BEHALF OF THE AUTHORITY TO FURNISH SUCH INDEMNIFYING BONDS OR TO  PLEDGE
   46  SUCH  SECURITIES  AS  MAY  BE  REQUIRED BY THE AUTHORITY. ANY SUCH TRUST
   47  INDENTURE OR RESOLUTION MAY CONTAIN SUCH OTHER PROVISIONS AS THE AUTHOR-
   48  ITY MAY DEEM REASONABLE AND  PROPER  FOR  PRIORITIES  AND  SUBORDINATION
   49  AMONG  THE  OWNERS OF THE BONDS AND OTHER BENEFICIARIES. FOR PURPOSES OF
   50  THIS SECTION, A "RESOLUTION" OF THE AUTHORITY SHALL  INCLUDE  ANY  TRUST
   51  INDENTURE AUTHORIZED THEREBY.
   52    (G) THE AUTHORITY MAY ENTER INTO, AMEND OR TERMINATE, AS IT DETERMINES
   53  TO BE NECESSARY OR APPROPRIATE, ANY ANCILLARY BOND FACILITY IN CONSULTA-
   54  TION  WITH  THE  CHAIR  AND DIRECTOR OF THE BUDGET (I) TO FACILITATE THE
   55  ISSUANCE, SALE, RESALE, PURCHASE, REPURCHASE OR PAYMENT OF BONDS, INTER-
   56  EST RATE SAVINGS OR MARKET DIVERSIFICATION OR THE MAKING OR  PERFORMANCE
       S. 2607--D                         167                        A. 3007--D

    1  OF INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, INCLUDING WITHOUT LIMI-
    2  TATION  BOND INSURANCE, LETTERS OF CREDIT AND LIQUIDITY FACILITIES, (II)
    3  TO ATTEMPT TO MANAGE OR HEDGE RISK  OR  ACHIEVE  A  DESIRABLE  EFFECTIVE
    4  INTEREST RATE OR CASH FLOW, OR (III) TO PLACE THE OBLIGATIONS OR INVEST-
    5  MENTS OF THE AUTHORITY, AS REPRESENTED BY THE BONDS OR THE INVESTMENT OF
    6  RESERVED  BOND  PROCEEDS  OR  OTHER PLEDGED REVENUES OR OTHER ASSETS, IN
    7  WHOLE OR IN PART, ON THE INTEREST RATE, CASH FLOW OR OTHER BASIS DECIDED
    8  IN CONSULTATION WITH THE CHAIR AND DIRECTOR OF THE BUDGET, WHICH FACILI-
    9  TY MAY INCLUDE WITHOUT LIMITATION CONTRACTS COMMONLY KNOWN  AS  INTEREST
   10  RATE EXCHANGE OR SIMILAR AGREEMENTS, FORWARD PURCHASE CONTRACTS OR GUAR-
   11  ANTEED  INVESTMENT  CONTRACTS  AND  FUTURES  OR  CONTRACTS PROVIDING FOR
   12  PAYMENTS BASED ON LEVELS  OF,  OR  CHANGES  IN,  INTEREST  RATES.  THESE
   13  CONTRACTS  OR  ARRANGEMENTS  MAY  BE  ENTERED  INTO  BY THE AUTHORITY IN
   14  CONNECTION WITH, OR INCIDENTAL TO, ENTERING  INTO,  OR  MAINTAINING  ANY
   15  AGREEMENT  WHICH  SECURES  BONDS  OF  THE  AUTHORITY  OR  INVESTMENT, OR
   16  CONTRACT PROVIDING FOR INVESTMENT OF RESERVES OR SIMILAR FACILITY  GUAR-
   17  ANTEEING  AN  INVESTMENT  RATE  FOR  A PERIOD OF YEARS NOT TO EXCEED THE
   18  UNDERLYING TERM OF THE BONDS. THE DETERMINATION BY THE AUTHORITY THAT AN
   19  ANCILLARY BOND FACILITY OR  THE  AMENDMENT  OR  TERMINATION  THEREOF  IS
   20  NECESSARY OR APPROPRIATE AS AFORESAID SHALL BE CONCLUSIVE. ANY ANCILLARY
   21  BOND  FACILITY  MAY CONTAIN SUCH PAYMENT, SECURITY, DEFAULT, REMEDY, AND
   22  TERMINATION PROVISIONS AND PAYMENTS AND OTHER TERMS  AND  CONDITIONS  AS
   23  DETERMINED  BY  THE  AUTHORITY,  AFTER  GIVING  DUE CONSIDERATION TO THE
   24  CREDITWORTHINESS OF THE COUNTERPARTY OR OTHER OBLIGATED PARTY, INCLUDING
   25  ANY RATING BY ANY NATIONALLY RECOGNIZED RATING  AGENCY,  AND  ANY  OTHER
   26  CRITERIA AS MAY BE APPROPRIATE.
   27    (H)  THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY
   28  THEN EXIST (INCLUDING PROVISIONS WHICH RESTRICT THE POWER OF THE AUTHOR-
   29  ITY TO PURCHASE BONDS), OR WITH THE PROVIDERS OF ANY  APPLICABLE  ANCIL-
   30  LARY  BOND  FACILITY,  SHALL  HAVE  THE POWER OUT OF ANY FUNDS AVAILABLE
   31  THEREFOR TO PURCHASE BONDS OF THE AUTHORITY, WHICH MAY OR MAY NOT THERE-
   32  UPON BE CANCELLED, AT A PRICE NOT SUBSTANTIALLY EXCEEDING:
   33    (I) IF THE BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLI-
   34  CABLE, INCLUDING ANY ACCRUED INTEREST; OR
   35    (II) IF THE BONDS ARE NOT THEN REDEEMABLE, THE  REDEMPTION  PRICE  AND
   36  ACCRUED  INTEREST  APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON
   37  WHICH THE BONDS BECOME SUBJECT TO REDEMPTION.
   38    (I) NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY OTHER PERSON  EXECUT-
   39  ING  THE  BONDS  OR AN ANCILLARY BOND FACILITY OF THE AUTHORITY SHALL BE
   40  SUBJECT TO ANY PERSONAL LIABILITY BY REASON OF THE ISSUANCE OR EXECUTION
   41  AND DELIVERY THEREOF.
   42    (J) THE MATURITIES OF THE BONDS SHALL NOT  EXCEED  THIRTY  YEARS  FROM
   43  THEIR RESPECTIVE ISSUANCE.
   44    6.  NEITHER ANY BOND ISSUED PURSUANT TO THIS SECTION NOR ANY ANCILLARY
   45  BOND FACILITY OF THE AUTHORITY SHALL CONSTITUTE A DEBT  OR  MORAL  OBLI-
   46  GATION  OF  THE STATE OR A STATE SUPPORTED OBLIGATION WITHIN THE MEANING
   47  OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR A PLEDGE  OF  THE  FAITH
   48  AND  CREDIT  OF  THE  STATE OR OF THE TAXING POWER OF THE STATE, AND THE
   49  STATE SHALL NOT BE LIABLE TO MAKE ANY PAYMENTS  THEREON  NOR  SHALL  ANY
   50  BOND  OR  ANY  ANCILLARY  BOND  FACILITY  BE PAYABLE OUT OF ANY FUNDS OR
   51  ASSETS OTHER THAN PLEDGED REVENUES AND OTHER ASSETS OF THE AUTHORITY AND
   52  OTHER FUNDS AND ASSETS OF OR AVAILABLE TO THE AUTHORITY  PLEDGED  THERE-
   53  FOR,  AND  THE  BONDS  AND  ANY ANCILLARY BOND FACILITY OF THE AUTHORITY
   54  SHALL CONTAIN ON THE FACE THEREOF OR OTHER  PROMINENT  PLACE  THEREON  A
   55  STATEMENT TO THE FOREGOING EFFECT.
       S. 2607--D                         168                        A. 3007--D

    1    7.  (A)  SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION
    2  IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF  PRINCI-
    3  PAL  OF,  OR INTEREST ON, OR SINKING FUND PAYMENT ON, ANY ISSUE OF BONDS
    4  AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY OR  UPON  CALL  FOR
    5  REDEMPTION,  OR  IN THE EVENT THAT THE AUTHORITY OR THE STATE SHALL FAIL
    6  TO COMPLY WITH ANY AGREEMENT MADE WITH  THE  HOLDERS  OF  ANY  ISSUE  OF
    7  BONDS,  THE HOLDERS OF TWENTY-FIVE PERCENT IN AGGREGATE PRINCIPAL AMOUNT
    8  OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY  INSTRUMENT  OR  INSTRU-
    9  MENTS  FILED  IN  THE  OFFICE  OF  THE CLERK OF THE COUNTY OF ALBANY AND
   10  PROVED OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED,  MAY
   11  APPOINT  A  TRUSTEE  TO  REPRESENT  THE  HOLDERS  OF  SUCH BONDS FOR THE
   12  PURPOSES HEREIN PROVIDED.
   13    (B) SUCH TRUSTEE, MAY, AND UPON WRITTEN  REQUEST  OF  THE  HOLDERS  OF
   14  TWENTY-FIVE  PERCENT  IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING
   15  SHALL, IN HIS OR ITS OWN NAME:
   16    (I) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE  CIVIL  PRAC-
   17  TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING THE
   18  RIGHT  TO  REQUIRE  THE  AUTHORITY  TO CARRY OUT ANY AGREEMENT WITH SUCH
   19  HOLDERS AND TO PERFORM ITS DUTIES UNDER THIS SECTION;
   20    (II) BRING SUIT UPON SUCH BONDS;
   21    (III) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO  ACCOUNT  AS  IF  IT
   22  WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
   23    (IV)  BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAW-
   24  FUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
   25    (V) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS  SHALL
   26  BE  MADE  GOOD,  THEN,  WITH  THE  CONSENT OF THE HOLDERS OF TWENTY-FIVE
   27  PERCENT OF THE PRINCIPAL AMOUNT OF SUCH BONDS  THEN  OUTSTANDING,  ANNUL
   28  SUCH  DECLARATION  AND ITS CONSEQUENCES, PROVIDED, HOWEVER, THAT NOTHING
   29  IN THIS SUBDIVISION SHALL PRECLUDE  THE  AUTHORITY  FROM  AGREEING  THAT
   30  CONSENT OF THE PROVIDER OF AN ANCILLARY BOND FACILITY IS REQUIRED FOR AN
   31  ACCELERATION  OF  RELATED  BONDS  IN THE EVENT OF A DEFAULT OTHER THAN A
   32  FAILURE TO PAY PRINCIPAL OF OR INTEREST ON THE BONDS WHEN DUE.
   33    (C) THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT,  ACTION  OR
   34  PROCEEDING  BY  THE  TRUSTEE ON BEHALF OF SUCH BONDHOLDERS. THE VENUE OF
   35  ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF ALBA-
   36  NY.
   37    (D) BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE, THE TRUS-
   38  TEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE AUTHORITY.
   39    8. ALL MONIES OF THE AUTHORITY FROM WHATEVER SOURCE DERIVED  SHALL  BE
   40  PAID  TO THE TREASURER OF THE AUTHORITY AND SHALL BE DEPOSITED FORTHWITH
   41  IN A BANK OR BANKS DESIGNATED BY  THE  AUTHORITY.  THE  MONIES  IN  SUCH
   42  ACCOUNTS  SHALL  BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR
   43  PERSONS AS THE AUTHORITY MAY AUTHORIZE TO MAKE  SUCH  REQUISITIONS.  ALL
   44  DEPOSITS  OF  SUCH  MONIES SHALL EITHER BE SECURED BY OBLIGATIONS OF THE
   45  UNITED STATES OR OF THE STATE OR OF ANY MUNICIPALITY OF A  MARKET  VALUE
   46  EQUAL  AT ALL TIMES TO THE AMOUNT ON DEPOSIT, OR MONIES OF THE AUTHORITY
   47  MAY BE DEPOSITED IN MONEY MARKET FUNDS RATED IN THE  HIGHEST  SHORT-TERM
   48  OR  LONG-TERM  RATING  CATEGORY  BY  AT  LEAST ONE NATIONALLY RECOGNIZED
   49  RATING AGENCY. TO  THE  EXTENT  PRACTICABLE,  AND  CONSISTENT  WITH  THE
   50  REQUIREMENTS  OF  THE  AUTHORITY,  ALL SUCH MONIES SHALL BE DEPOSITED IN
   51  INTEREST BEARING ACCOUNTS. THE AUTHORITY SHALL HAVE POWER, NOTWITHSTAND-
   52  ING THE PROVISIONS OF THIS SECTION, TO CONTRACT WITH THE HOLDERS OF  ANY
   53  BONDS AS TO THE CUSTODY, COLLECTION, SECURITY, INVESTMENT AND PAYMENT OF
   54  ANY MONIES OF THE AUTHORITY OR ANY MONIES HELD IN TRUST OR OTHERWISE FOR
   55  THE  PAYMENT OF BONDS OR ANY WAY TO SECURE BONDS, AND CARRY OUT ANY SUCH
   56  CONTRACT NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE
       S. 2607--D                         169                        A. 3007--D

    1  PROVISIONS OF THIS SECTION. MONIES HELD IN TRUST OR  OTHERWISE  FOR  THE
    2  PAYMENT  OF  BONDS  OR  IN  ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH
    3  MONEYS MAY BE SECURED IN THE SAME MANNER AS MONIES OF THE AUTHORITY  AND
    4  ALL  BANKS  AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR
    5  SUCH DEPOSITS. ANY MONIES OF THE AUTHORITY NOT  REQUIRED  FOR  IMMEDIATE
    6  USE OR DISBURSEMENT MAY, AT THE DISCRETION OF THE AUTHORITY, BE INVESTED
    7  IN  ACCORDANCE  WITH  LAW  AND  SUCH  GUIDELINES  AS ARE APPROVED BY THE
    8  AUTHORITY.
    9    9. (A) IT IS HEREBY DETERMINED THAT THE CARRYING OUT BY THE  AUTHORITY
   10  OF ITS CORPORATE PURPOSES UNDER THIS SECTION ARE IN ALL RESPECTS FOR THE
   11  BENEFIT  OF THE PEOPLE OF THE STATE OF NEW YORK AND ARE PUBLIC PURPOSES.
   12  ACCORDINGLY, THE AUTHORITY SHALL BE REGARDED AS PERFORMING AN  ESSENTIAL
   13  GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY
   14  THIS  SECTION.  THE  PROPERTY OF THE AUTHORITY, ITS INCOME AND ITS OPER-
   15  ATIONS SHALL BE EXEMPT FROM TAXATION, ASSESSMENTS,  SPECIAL  ASSESSMENTS
   16  AND  AD  VALOREM  LEVIES. THE AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY
   17  FEES, TAXES, SPECIAL AD VALOREM  LEVIES  OR  ASSESSMENTS  OF  ANY  KIND,
   18  WHETHER  STATE  OR  LOCAL,  INCLUDING, BUT NOT LIMITED TO, REAL PROPERTY
   19  TAXES, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES, UPON OR WITH RESPECT
   20  TO ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL OR SUPER-
   21  VISION, OR UPON THE USES THEREOF, OR UPON OR WITH RESPECT TO ITS  ACTIV-
   22  ITIES  OR  OPERATIONS  IN FURTHERANCE OF THE POWERS CONFERRED UPON IT BY
   23  THIS SECTION, OR UPON OR WITH RESPECT TO ANY ASSESSMENTS, RATES,  CHARG-
   24  ES, FEES, REVENUES OR OTHER INCOME RECEIVED BY THE AUTHORITY.
   25    (B)  ANY BONDS ISSUED PURSUANT TO THIS SECTION, THEIR TRANSFER AND THE
   26  INCOME THEREFROM SHALL, AT ALL TIMES, BE EXEMPT FROM TAXATION EXCEPT FOR
   27  ESTATE OR GIFT TAXES AND TAXES ON TRANSFERS.
   28    (C) THE STATE HEREBY COVENANTS WITH THE PURCHASERS AND WITH ALL SUBSE-
   29  QUENT HOLDERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY  PURSUANT
   30  TO  THIS  SECTION, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR
   31  THE BONDS, THAT THE BONDS OF  THE  AUTHORITY  ISSUED  PURSUANT  TO  THIS
   32  SECTION  AND THE INCOME THEREFROM AND ALL ASSESSMENTS, REVENUES, MONEYS,
   33  AND OTHER PROPERTY RECEIVED BY THE AUTHORITY AND PLEDGED TO  PAY  OR  TO
   34  SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL TIMES BE EXEMPT FROM TAXA-
   35  TION.
   36    (D)  IN  THE  CASE OF ANY BONDS OF THE AUTHORITY, INTEREST ON WHICH IS
   37  INTENDED TO BE EXEMPT FROM  FEDERAL  INCOME  TAX,  THE  AUTHORITY  SHALL
   38  PRESCRIBE  RESTRICTIONS  ON  THE USE OF THE PROCEEDS THEREOF AND RELATED
   39  MATTERS ONLY AS ARE NECESSARY OR DESIRABLE TO ASSURE SUCH EXEMPTION, AND
   40  THE RECIPIENTS OF SUCH PROCEEDS SHALL BE BOUND  THEREBY  TO  THE  EXTENT
   41  SUCH  RESTRICTIONS SHALL BE MADE APPLICABLE TO THEM. ANY SUCH RECIPIENT,
   42  INCLUDING, BUT NOT LIMITED TO, THE STATE, THE STATE  INSURANCE  FUND,  A
   43  PUBLIC  BENEFIT  CORPORATION,  AND  A SCHOOL DISTRICT OR MUNICIPALITY IS
   44  AUTHORIZED TO EXECUTE A TAX REGULATORY AGREEMENT WITH THE  AUTHORITY  OR
   45  THE  STATE,  AS  THE CASE MAY BE, AND THE EXECUTION OF SUCH AN AGREEMENT
   46  MAY BE TREATED BY THE AUTHORITY OR THE STATE AS A CONDITION TO RECEIVING
   47  ANY SUCH PROCEEDS.
   48    10. (A) THE STATE,  SOLELY  WITH  RESPECT  TO  THE  RESOURCES  OF  THE
   49  SELF-INSURER  OFFSET  FUND  AND  AS  SET  FORTH IN THE SELF-INSURED BOND
   50  FINANCING AGREEMENT, COVENANTS WITH THE PURCHASERS  AND  ALL  SUBSEQUENT
   51  OWNERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY PURSUANT TO THIS
   52  SECTION  IN CONSIDERATION OF THE ACCEPTANCE OF THE PAYMENT OF THE BONDS,
   53  UNTIL THE BONDS, TOGETHER WITH THE INTEREST THEREON,  WITH  INTEREST  ON
   54  ANY  UNPAID  INSTALLMENT  OF  INTEREST  AND  ALL  COSTS  AND EXPENSES IN
   55  CONNECTION WITH ANY ACTION OR PROCEEDING ON BEHALF OF  THE  OWNERS,  ARE
   56  FULLY  MET  AND  DISCHARGED  OR  UNLESS EXPRESSLY PERMITTED OR OTHERWISE
       S. 2607--D                         170                        A. 3007--D

    1  AUTHORIZED BY THE TERMS OF EACH FINANCING  AGREEMENT  AND  ANY  CONTRACT
    2  MADE  OR  ENTERED  INTO BY THE AUTHORITY WITH OR FOR THE BENEFIT OF SUCH
    3  OWNERS:
    4    (I)  THAT  IN  THE  EVENT BONDS OF THE AUTHORITY ARE SOLD AS FEDERALLY
    5  TAX-EXEMPT BONDS, THE STATE SHALL NOT TAKE ANY ACTION OR  FAIL  TO  TAKE
    6  ACTION  THAT  WOULD  RESULT IN THE LOSS OF SUCH FEDERAL TAX EXEMPTION ON
    7  SAID BONDS;
    8    (II) THAT THE STATE WILL CAUSE  THE  WORKERS'  COMPENSATION  BOARD  TO
    9  IMPOSE,  CHARGE,  RAISE, LEVY, COLLECT AND APPLY THE PLEDGED ASSESSMENTS
   10  FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS IN EACH YEAR IN WHICH BONDS
   11  ARE OUTSTANDING; AND
   12    (III) THAT THE STATE, SUBSEQUENT TO THE ISSUANCE OF BONDS  UNDER  THIS
   13  SECTION:
   14    (A) WILL NOT MATERIALLY LIMIT OR ALTER THE DUTIES IMPOSED ON THE WORK-
   15  ERS'  COMPENSATION BOARD, THE AUTHORITY, AND OTHER OFFICERS OF THE STATE
   16  BY THE SELF-INSURED BOND FINANCING AGREEMENT AND  THE  BOND  PROCEEDINGS
   17  AUTHORIZING THE ISSUANCE OF BONDS WITH RESPECT TO APPLICATION OF PLEDGED
   18  ASSESSMENTS FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS;
   19    (B)  WILL  NOT  ISSUE  ANY  BONDS, NOTES OR OTHER EVIDENCES OF INDEBT-
   20  EDNESS, OTHER THAN THE BONDS AUTHORIZED  BY  THIS  SECTION,  HAVING  ANY
   21  RIGHTS  ARISING  OUT  OF  SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
   22  FIVE OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW OR  THIS  SECTION
   23  OR  SECURED  BY  ANY  PLEDGE  OF OR OTHER LIEN OR CHARGE ON THE REVENUES
   24  PLEDGED FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS; EXCEPT  FOR  BONDS
   25  AUTHORIZED  UNDER  SUBDIVISION  EIGHT OF SECTION FIFTEEN OF THE WORKERS'
   26  COMPENSATION LAW.
   27    (C) WILL NOT CREATE OR CAUSE TO BE CREATED ANY LIEN OR CHARGE  ON  THE
   28  PLEDGED  REVENUES,  OTHER THAN A LIEN OR PLEDGE CREATED THEREON PURSUANT
   29  TO SAID SECTIONS;
   30    (D) WILL CARRY OUT AND  PERFORM,  OR  CAUSE  TO  BE  CARRIED  OUT  AND
   31  PERFORMED,  EACH AND EVERY PROMISE, COVENANT, AGREEMENT OR CONTRACT MADE
   32  OR ENTERED INTO BY THE FINANCING AGREEMENT, BY THE AUTHORITY OR  ON  ITS
   33  BEHALF WITH THE BOND OWNERS OF ANY BONDS;
   34    (E)  WILL  NOT IN ANY WAY IMPAIR THE RIGHTS, EXEMPTIONS OR REMEDIES OF
   35  THE BOND OWNERS; AND
   36    (F) WILL NOT LIMIT, MODIFY, RESCIND, REPEAL  OR  OTHERWISE  ALTER  THE
   37  RIGHTS  OR  OBLIGATIONS  OF  THE  APPROPRIATE  OFFICERS  OF THE STATE TO
   38  IMPOSE, MAINTAIN, CHARGE OR COLLECT  THE  ASSESSMENTS  CONSTITUTING  THE
   39  PLEDGED  REVENUES  AS MAY BE NECESSARY TO PRODUCE SUFFICIENT REVENUES TO
   40  FULFILL THE TERMS OF THE PROCEEDINGS AUTHORIZING  THE  ISSUANCE  OF  THE
   41  BONDS, INCLUDING PLEDGED REVENUE COVERAGE REQUIREMENTS.
   42    (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
   43  SION:
   44    (I) THE REMEDIES AVAILABLE TO THE AUTHORITY AND  THE  BONDHOLDERS  FOR
   45  ANY  BREACH OF THE PLEDGES AND AGREEMENTS OF THE STATE SET FORTH IN THIS
   46  SUBDIVISION SHALL BE LIMITED TO INJUNCTIVE RELIEF;
   47    (II) NOTHING IN THIS SUBDIVISION  SHALL  PREVENT  THE  AUTHORITY  FROM
   48  ISSUING EVIDENCES OF INDEBTEDNESS:
   49    (A)  WHICH  ARE SECURED BY A PLEDGE OR LIEN WHICH IS, AND SHALL ON THE
   50  FACE THEREOF, BE EXPRESSLY SUBORDINATE AND JUNIOR  IN  ALL  RESPECTS  TO
   51  EVERY LIEN AND PLEDGE CREATED BY OR PURSUANT TO SAID SECTIONS; OR
   52    (B)  WHICH  ARE  SECURED  BY  A  PLEDGE  OF OR LIEN ON MONEYS OR FUNDS
   53  DERIVED ON OR AFTER THE DATE EVERY PLEDGE OR LIEN THEREON CREATED BY  OR
   54  PURSUANT TO SAID SECTIONS SHALL BE DISCHARGED AND SATISFIED; AND
   55    (III)  NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE STATE FROM EXER-
   56  CISING ITS POWER, THROUGH A CHANGE IN LAW, TO  LIMIT,  MODIFY,  RESCIND,
       S. 2607--D                         171                        A. 3007--D

    1  REPEAL  OR  OTHERWISE  ALTER THE CHARACTER OF THE PLEDGED ASSESSMENTS OR
    2  REVENUES OR TO SUBSTITUTE LIKE  OR  DIFFERENT  SOURCES  OF  ASSESSMENTS,
    3  TAXES,  FEES,  CHARGES OR OTHER RECEIPTS AS PLEDGED REVENUES IF AND WHEN
    4  ADEQUATE  PROVISION SHALL BE MADE BY LAW FOR THE PROTECTION OF THE HOLD-
    5  ERS OF OUTSTANDING BONDS PURSUANT TO THE  PROCEEDINGS  UNDER  WHICH  THE
    6  BONDS  ARE  ISSUED,  INCLUDING CHANGING OR ALTERING THE METHOD OF ESTAB-
    7  LISHING THE SPECIAL ASSESSMENTS.
    8    (C) THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS COVENANT OF THE STATE,
    9  AS A CONTRACT OF THE STATE, IN ANY AGREEMENT WITH THE OWNER OF ANY BONDS
   10  ISSUED PURSUANT TO THIS SECTION AND IN ANY CREDIT FACILITY OR REIMBURSE-
   11  MENT AGREEMENT WITH RESPECT TO SUCH BONDS.  NOTWITHSTANDING THESE PLEDG-
   12  ES AND AGREEMENTS BY THE STATE, THE ATTORNEY GENERAL MAY IN HIS  OR  HER
   13  DISCRETION  ENFORCE  ANY  AND ALL PROVISIONS RELATED TO THE SELF-INSURED
   14  BOND FUND, WITHOUT LIMITATION.
   15    (D) PRIOR TO THE DATE WHICH IS ONE YEAR AND ONE DAY AFTER THE AUTHORI-
   16  TY NO LONGER HAS ANY BONDS ISSUED PURSUANT TO THIS SECTION  OUTSTANDING,
   17  THE AUTHORITY SHALL HAVE NO AUTHORITY TO FILE A VOLUNTARY PETITION UNDER
   18  CHAPTER  NINE OF THE FEDERAL BANKRUPTCY CODE OR SUCH CORRESPONDING CHAP-
   19  TER OR SECTIONS AS MAY BE IN EFFECT, AND NEITHER ANY PUBLIC OFFICER  NOR
   20  ANY  ORGANIZATION,  ENTITY OR OTHER PERSON SHALL AUTHORIZE THE AUTHORITY
   21  TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OR ANY SUCCESSOR  OR  CORRE-
   22  SPONDING CHAPTER OR SECTIONS DURING SUCH PERIOD. THE STATE HEREBY COVEN-
   23  ANTS  WITH  THE OWNERS OF THE BONDS OF THE AUTHORITY THAT THE STATE WILL
   24  NOT LIMIT OR ALTER THE DENIAL OF AUTHORITY UNDER THIS SUBDIVISION DURING
   25  THE PERIOD REFERRED TO IN  THE  PRECEDING  SENTENCE.  THE  AUTHORITY  IS
   26  AUTHORIZED  TO  INCLUDE THIS COVENANT OF THE STATE, AS A CONTRACT OF THE
   27  STATE, IN ANY AGREEMENT WITH THE OWNER OF ANY BONDS ISSUED  PURSUANT  TO
   28  THIS SECTION.
   29    (E)  TO  THE EXTENT DEEMED APPROPRIATE BY THE AUTHORITY ANY PLEDGE AND
   30  AGREEMENT OF THE STATE WITH RESPECT TO THE BONDS  AS  PROVIDED  IN  THIS
   31  SECTION MAY BE EXTENDED TO, AND INCLUDED IN, ANY ANCILLARY BOND FACILITY
   32  AS  A PLEDGE AND AGREEMENT OF THE STATE WITH THE AUTHORITY AND THE BENE-
   33  FITED PARTY.
   34    11. THE BONDS OF THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL
   35  PUBLIC OFFICERS AND BODIES OF THIS  STATE  AND  ALL  MUNICIPALITIES  AND
   36  POLITICAL  SUBDIVISIONS,  ALL  INSURANCE  COMPANIES AND ASSOCIATIONS AND
   37  OTHER PERSONS CARRYING ON AN INSURANCE  BUSINESS,  ALL  BANKS,  BANKERS,
   38  TRUST  COMPANIES,  SAVINGS  BANKS  AND  SAVINGS  ASSOCIATIONS, INCLUDING
   39  SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN  ASSOCIATIONS,  INVEST-
   40  MENT  COMPANIES  AND  OTHER  PERSONS CARRYING ON A BANKING BUSINESS, ALL
   41  ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES  AND  OTHER  FIDUCIARIES,
   42  AND ALL OTHER PERSONS WHATSOEVER WHO ARE NOW OR MAY HEREAFTER BE AUTHOR-
   43  IZED  TO INVEST IN BONDS OR IN OTHER OBLIGATIONS OF THE STATE, MAY PROP-
   44  ERLY AND LEGALLY INVEST FUNDS, INCLUDING CAPITAL, IN  THEIR  CONTROL  OR
   45  BELONGING  TO  THEM. THE BONDS ARE ALSO HEREBY MADE SECURITIES WHICH MAY
   46  BE DEPOSITED WITH AND MAY BE RECEIVED BY ALL PUBLIC OFFICERS AND  BODIES
   47  OF  THE  STATE AND ALL MUNICIPALITIES, POLITICAL SUBDIVISIONS AND PUBLIC
   48  CORPORATIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT  OF  BONDS  OR  OTHER
   49  OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
   50    12.  (A) AN ACTION AGAINST THE AUTHORITY FOR DEATH, PERSONAL INJURY OR
   51  PROPERTY DAMAGE OR FOUNDED ON TORT SHALL NOT BE COMMENCED MORE THAN  ONE
   52  YEAR  AND  NINETY  DAYS  AFTER  THE  CAUSE  OF ACTION THEREOF SHALL HAVE
   53  ACCRUED NOR UNLESS A NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON A  MEMBER
   54  OF  THE  AUTHORITY  OR  OFFICER  OR  EMPLOYEE  THEREOF DESIGNATED BY THE
   55  AUTHORITY FOR SUCH PURPOSE, WITHIN THE TIME LIMITED BY, AND  IN  COMPLI-
       S. 2607--D                         172                        A. 3007--D

    1  ANCE  WITH  THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL
    2  LAW.
    3    (B)  THE  VENUE  OF  EVERY  ACTION, SUIT OR SPECIAL PROCEEDING BROUGHT
    4  AGAINST THE AUTHORITY OR CONCERNING THE VALIDITY OF THIS  SECTION  SHALL
    5  BE LAID IN THE COUNTY OF ALBANY.
    6    (C) THE BONDS, AND ANY OBLIGATION OF THE AUTHORITY UNDER ANY ANCILLARY
    7  BOND  FACILITY,  MAY CONTAIN A RECITAL THAT THEY ARE ISSUED OR EXECUTED,
    8  RESPECTIVELY, PURSUANT TO THIS SECTION, WHICH RECITAL SHALL  BE  CONCLU-
    9  SIVE  EVIDENCE  OF  THE  VALIDITY  OF THE BONDS AND ANY SUCH OBLIGATION,
   10  RESPECTIVELY, AND THE REGULARITY OF THE  PROCEEDINGS  OF  THE  AUTHORITY
   11  RELATING THERETO.
   12    13.  ANY  ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF
   13  THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
   14  TY OF THIS SECTION, SHALL BE PREFERRED OVER ALL OTHER  CIVIL  CAUSES  OF
   15  ACTION  OR  CASES,  EXCEPT  ELECTION  CAUSES  OF ACTION OR CASES, IN ALL
   16  COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN  PREFERENCE  TO
   17  ALL  OTHER CIVIL BUSINESS PENDING THEREIN, EXCEPT ELECTION CAUSES, IRRE-
   18  SPECTIVE OF POSITION ON THE CALENDAR.   THE  SAME  PREFERENCE  SHALL  BE
   19  GRANTED  UPON  APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION
   20  OR PROCEEDING QUESTIONING THE VALIDITY OF  THIS  SECTION  IN  WHICH  THE
   21  AUTHORITY MAY BE ALLOWED TO INTERVENE.
   22    14.  NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO FUNDS OF THE SELF-IN-
   23  SURER OFFSET FUND MAY BE USED FOR ANY PURPOSE OTHER THAN THOSE SET FORTH
   24  IN THIS SECTION AND SECTION FIFTY-A OF THE WORKERS' COMPENSATION LAW.
   25    S 36. Subdivision 1 of section  17  of  the  public  officers  law  is
   26  amended by adding a new paragraph (x) to read as follows:
   27    (X)  FOR  THE  PURPOSES  OF  THIS  SECTION,  THE TERM "EMPLOYEE" SHALL
   28  INCLUDE THE MEMBERS OF THE  BOARD, OFFICERS AND EMPLOYEES OF THE  DORMI-
   29  TORY  AUTHORITY  FOR PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
   30  PUBLIC AUTHORITIES LAW.
   31    S 37. This act shall take effect immediately, provided,  however  that
   32  section  ten of this act shall take effect on the ninetieth day after it
   33  shall have become a law.

   34                                   PART HH

   35    Section 1. The state comptroller is hereby authorized and directed  to
   36  loan  money in accordance with the provisions set forth in subdivision 5
   37  of section 4 of the state finance law  to  the  following  funds  and/or
   38  accounts:
   39    1. Tuition reimbursement fund:
   40    a. Tuition reimbursement account (20451).
   41    b. Proprietary vocational school supervision account (20452).
   42    2. Local government records management improvement fund:
   43    a. Local government records management account (20501).
   44    3. Dedicated highway and bridge trust fund:
   45    a. Highway and bridge capital account (30051).
   46    4. State university residence hall rehabilitation fund.
   47    5. State parks infrastructure trust fund:
   48    a. State parks infrastructure account (30351).
   49    6. Clean water/clean air implementation fund.
   50    7. Employees health insurance fund.
   51    a. Employees health insurance account (60201).
   52    8. State lottery fund:
   53    a. Education - New (20901).
   54    b. VLT - Sound basic education fund (20904).
       S. 2607--D                         173                        A. 3007--D

    1    9. Medicaid management information system escrow fund.
    2    10. Sewage treatment program management and administration fund.
    3    11. Environmental conservation special revenue fund:
    4    a. Waste cleanup and management account (21053).
    5    b. Hazardous bulk storage account (21061).
    6    c. Great lakes restoration initiative account (21087).
    7    d. Low level radioactive waste siting account (21066).
    8    e. Recreation account (21067).
    9    f. Public safety recovery account (21077).
   10    g. Conservationist magazine account (21080).
   11    h. Environmental regulatory account (21081).
   12    i. Natural resource account (21082).
   13    j. Mined land reclamation program account (21084).
   14    k. Federal grants indirect cost recovery account (21065).
   15    12. Environmental protection and oil spill compensation fund.
   16    13. Hazardous waste remedial fund:
   17    a. Hazardous waste remedial cleanup account (31506).
   18    14. Mass transportation operating assistance fund:
   19    a. Public transportation systems account (21401).
   20    b. Metropolitan mass transportation (21402).
   21    15. Clean air fund:
   22    a. Operating permit program account (21451).
   23    b. Mobile source account (21452).
   24    16. Centralized services fund.
   25    17. State exposition special fund.
   26    18. Agency enterprise fund:
   27    a. OGS convention center account (50318).
   28    19. Agencies internal service fund:
   29    a. Archives records management account (55052).
   30    b. Federal single audit account (55053).
   31    c. Civil service law: sec 11 admin account (55055).
   32    d. Civil service EHS occupational health program account (55056).
   33    e. Banking services account (55057).
   34    f. Cultural resources survey account (55058).
   35    g. Neighborhood work project (55059).
   36    h. Automation & printing chargeback account (55060).
   37    i. OFT NYT account (55061).
   38    j. Data center account (55062).
   39    k. Human service telecom account (55063).
   40    l. Centralized technology services account (55069).
   41    m. OPWDD copy center account (55065).
   42    n. Intrusion detection account (55066).
   43    o. Domestic violence grant account (55067).
   44    p. Learning management system account (55070).
   45    q. Tax contact center account.
   46    r. Human services contact center account.
   47    s. Labor contact center account.
   48    20. Miscellaneous special revenue fund:
   49    a. Statewide planning and research cooperative system account (21902).
   50    b. OPWDD provider of service account (21903).
   51    c. New York state thruway authority account (21905).
   52    d. Mental hygiene patient income account (21909).
   53    e. Financial control board account (21911).
   54    f. Regulation of racing account (21912).
   55    g. New York metropolitan transportation council account (21913).
   56    h. Cyber upgrade account (21919).
       S. 2607--D                         174                        A. 3007--D

    1    i. State university dormitory income reimbursable account (21937).
    2    j. Energy research account (21943).
    3    k. Criminal justice improvement account (21945).
    4    l. Fingerprint identification and technology account (21950).
    5    m. Environmental laboratory reference fee account (21959).
    6    n. Clinical laboratory reference system assessment account (21962).
    7    o. Public employment relations board account (21964).
    8    p. Cable television account (21971).
    9    q. Indirect cost recovery account (21978).
   10    r. High school equivalency program account (21979).
   11    s. Rail safety inspection account (21983).
   12    t. Multi-agency training account (21989).
   13    u. Critical infrastructure account (21992).
   14    v. Bell jar collection account (22003).
   15    w. Industry and utility service account (22004).
   16    x. Real property disposition account (22006).
   17    y. Parking account (22007).
   18    z. Asbestos safety training program account (22009).
   19    aa. Public service account (22011).
   20    bb. Batavia school for the blind account (22032).
   21    cc. Investment services account (22034).
   22    dd. Surplus property account (22036).
   23    ee. Financial oversight account (22039).
   24    ff. Regulation of indian gaming account (22046).
   25    gg. Rome school for the deaf account (22053).
   26    hh. Seized assets account (22054).
   27    ii. Administrative adjudication account (22055).
   28    jj. Federal salary sharing account (22056).
   29    kk. New York City assessment account (22062).
   30    ll. Cultural education account (22063).
   31    mm. Examination and miscellaneous revenue account (22065).
   32    nn. Local services account (22078).
   33    oo. DHCR mortgage servicing account (22085).
   34    pp. Department of motor vehicles compulsory insurance account (22087).
   35    qq. Housing indirect cost recovery account (22090).
   36    rr. DHCR-HCA application fee account (22100).
   37    ss. Low income housing monitoring account (22130).
   38    tt. Corporation administration account (22135).
   39    uu. Montrose veteran's home account (22144).
   40    vv. Motor fuel quality account (22149).
   41    ww. Deferred compensation administration account (22151).
   42    xx. Rent revenue other account (22156).
   43    yy. Rent revenue account (22158).
   44    zz. Tax revenue arrearage account (22168).
   45    aaa. Solid waste management account (22176).
   46    bbb. Capacity contracting (22016).
   47    ccc. Point insurance reduction program account.
   48    ddd. Internet point insurance reduction program account (22094).
   49    eee. Mental hygiene program fund account (21907).
   50    fff. Third party debt collection account.
   51    21. New York State Storm Recovery Capital Fund:
   52    22. State university income fund:
   53    a. State university general income offset account (22654).
   54    23. State police and motor vehicle law enforcement fund:
   55    a. State police motor vehicle law enforcement account (22802).
   56    24. Youth facilities improvement fund:
       S. 2607--D                         175                        A. 3007--D

    1    a. Youth facilities improvement account (31701).
    2    25. Highway safety program fund:
    3    a. Highway safety program account (23001).
    4    26. Drinking water program management and administration fund:
    5    a. EFC drinking water program account (23101).
    6    b. DOH drinking water program account (23102).
    7    27. New York city county clerks offset fund:
    8    a. NYCCC operating offset account (23151).
    9    28. Housing assistance fund.
   10    29. Housing program fund.
   11    30. Department of transportation - engineering services fund:
   12    a. Highway facility purpose account (31951).
   13    31. Miscellaneous capital projects fund:
   14    a. New York racing account (32213).
   15    32. Mental hygiene facilities capital improvement fund.
   16    33. Joint labor/management administration fund:
   17    a. Joint labor/management administration fund (55201).
   18    34. Audit and control revolving fund:
   19    a. Executive direction internal audit account (55251).
   20    b. CIO Information technology centralized services account (55252).
   21    35. Health insurance internal service fund:
   22    a. Health insurance internal service account (55300).
   23    b. Civil service employee benefits div admin (55301).
   24    36. Correctional industries revolving fund.
   25    37. Correctional facilities capital improvement fund.
   26    38. HCRA resources fund:
   27    a. EPIC premium account (20818).
   28    b. Hospital based grants program account (20812).
   29    c. Child health plus program account (20810).
   30    S 1-a. The state comptroller is hereby authorized and directed to loan
   31  money  in  accordance  with the provisions set forth in subdivision 5 of
   32  section 4 of the state finance law to any account within  the  following
   33  federal  funds,  provided  the comptroller has made a determination that
   34  sufficient federal grant award authority is available to reimburse  such
   35  loans:
   36    1. Federal USDA-food nutrition services fund.
   37    2. Federal health and human services fund.
   38    3. Federal education grants fund.
   39    4. Federal block grant fund.
   40    5. Federal operating grants fund.
   41    6. Federal capital projects fund.
   42    7. Federal unemployment insurance administration fund.
   43    8. Federal unemployment insurance occupational training fund.
   44    9. Federal employment and training grants.
   45    S  2.  Notwithstanding any law to the contrary, and in accordance with
   46  section 4 of the state finance law, the comptroller is hereby authorized
   47  and directed to transfer, upon request of the director of the budget, on
   48  or before March 31, 2014, up to the unencumbered balance or the  follow-
   49  ing amounts:
   50    Economic Development and Public Authorities:
   51    1.  $175,000  from  the miscellaneous special revenue fund underground
   52  facilities safety training account (22172), to the general fund.
   53    2. An amount up to the unencumbered  balance  from  the  miscellaneous
   54  special  revenue  fund, business and licensing services account (21977),
   55  to the general fund.
       S. 2607--D                         176                        A. 3007--D

    1    3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
    2  enforcement account (21904), to the general fund.
    3    4.  An  amount  up  to the unencumbered balance from the miscellaneous
    4  special revenue fund,  administrative  costs  account  (21974),  to  the
    5  general fund.
    6    5.  $3,000,000  from  the  general  fund  to the miscellaneous special
    7  revenue fund, tax revenue arrearage account (22168).
    8    Education:
    9    1. $2,230,000,000 from the general fund to  the  state  lottery  fund,
   10  education  account (20901), as reimbursement for disbursements made from
   11  such fund for supplemental aid to education pursuant to section 92-c  of
   12  the  state  finance  law  that are in excess of the amounts deposited in
   13  such fund for such purposes pursuant to section 1612 of the tax law.
   14    2. $951,800,000 from the general fund to the state lottery  fund,  VLT
   15  education  account (20904), as reimbursement for disbursements made from
   16  such fund for supplemental aid to education pursuant to section 92-c  of
   17  the  state  finance  law  that are in excess of the amounts deposited in
   18  such fund for such purposes pursuant to section 1612 of the tax law.
   19    3. Moneys from the state lottery fund up to  an  amount  deposited  in
   20  such  fund  pursuant  to  section  1612  of the tax law in excess of the
   21  current year appropriation for supplemental aid to education pursuant to
   22  section 92-c of the state finance law.
   23    4. $300,000 from the local government records  management  improvement
   24  fund to the archives partnership trust fund.
   25    5. $900,000 from the general fund to the miscellaneous special revenue
   26  fund, Batavia school for the blind account (22032).
   27    6. $900,000 from the general fund to the miscellaneous special revenue
   28  fund, Rome school for the deaf account (22053).
   29    7.  $80,000,000 from the state university dormitory income fund to the
   30  state university residence hall rehabilitation fund.
   31    8. $343,400,000 from the state university dormitory income fund to the
   32  miscellaneous special revenue fund, state  university  dormitory  income
   33  reimbursable account (21937).
   34    9.  $24,000,000  from  any  of  the state education department special
   35  revenue and internal service funds to the miscellaneous special  revenue
   36  fund, indirect cost recovery account (21978).
   37    10.  $8,318,000  from  the general fund to the state university income
   38  fund, state university income offset account (22654),  for  the  state's
   39  share of repayment of the STIP loan.
   40    11. $51,700,000 from the state university income fund, state universi-
   41  ty hospitals income reimbursable account (22656) to the general fund for
   42  hospital  debt  service  for  the period April 1, 2013 through March 31,
   43  2014.
   44    Environmental Affairs:
   45    1. $5,000,000 from the department of transportation's federal  capital
   46  projects  fund  to  the office of parks and recreation federal operating
   47  grants fund, miscellaneous operating grants account (25300).
   48    2. $16,000,000 from any of the department of  environmental  conserva-
   49  tion's special revenue federal funds to the special revenue fund federal
   50  grant indirect cost recovery account (22188).
   51    3.  $2,000,000  from  any of the department of environmental conserva-
   52  tion's special revenue federal funds to the conservation fund as  neces-
   53  sary to avoid diversion of conservation funds.
   54    4.  $15,000,000  from the environmental protection fund, environmental
   55  protection transfer account (30451) to the general fund.
       S. 2607--D                         177                        A. 3007--D

    1    5. $3,000,000 from any of the office of parks, recreation and historic
    2  preservation capital projects federal funds and special revenue  federal
    3  funds  to  the special revenue fund federal grant indirect cost recovery
    4  account (22188).
    5    6. $1,000,000 from any of the office of parks, recreation and historic
    6  preservation  special revenue federal funds to the special revenue fund,
    7  I love NY water account (21930).
    8    Family Assistance:
    9    1. $10,000,000 from any of the office of children and family services,
   10  office of temporary and disability assistance, or department  of  health
   11  special  revenue  federal funds and the general fund, in accordance with
   12  agreements with social services districts, to the miscellaneous  special
   13  revenue  fund, office of human resources development state match account
   14  (21967).
   15    2. $3,000,000 from any of the office of children and  family  services
   16  or office of temporary and disability assistance special revenue federal
   17  funds to the miscellaneous special revenue fund, family preservation and
   18  support services and family violence services account (22082).
   19    3.  $6,000,000  from any of the office of children and family services
   20  special revenue federal  funds  to  the  general  fund  for  title  IV-E
   21  reimbursement of youth facility costs.
   22    4. $12,670,000 from any of the office of children and family services,
   23  office  of  temporary and disability assistance, or department of health
   24  special revenue federal  funds  and  any  other  miscellaneous  revenues
   25  generated  from  the operation of office of children and family services
   26  programs to the general fund.
   27    5. $10,000,000 from any of the office of children and family  services
   28  or  office  of temporary and disability assistance special revenue funds
   29  or  the  general  fund  to  the  miscellaneous  special  revenue   fund,
   30  connections account (22180).
   31    6.  $41,000,000  from  any  of  the office of temporary and disability
   32  assistance accounts within the federal health and human services fund to
   33  the general fund.
   34    7. $159,000,000 from any of the office  of  temporary  and  disability
   35  assistance  or department of health special revenue funds to the general
   36  fund.
   37    8. $2,500,000 from any of  the  office  of  temporary  and  disability
   38  assistance  or  office  of  children and family services special revenue
   39  federal funds to the  miscellaneous  special  revenue  fund,  office  of
   40  temporary and disability assistance program account (21980).
   41    9. $50,000,000 from any of the office of children and family services,
   42  office  of temporary and disability assistance, department of labor, and
   43  department of health special revenue federal  funds  to  the  office  of
   44  children  and family services miscellaneous special revenue fund, multi-
   45  agency training contract account (21989).
   46    10. $152,400,000 from the miscellaneous special  revenue  fund,  youth
   47  facility per Diem account (22186), to the general fund.
   48    11.  $621,850 from the general fund to the combined gifts, grants, and
   49  bequests fund, WB Hoyt Memorial account (20128).
   50    12. $4,822,000 from  the  miscellaneous  special  revenue  fund  state
   51  central registry (22028) to the general fund.
   52    General Government:
   53    1. $1,566,000 from the miscellaneous special revenue fund, examination
   54  and miscellaneous revenue account (22065) to the general fund.
   55    2. $12,500,000 from the general fund to the health insurance revolving
   56  fund.
       S. 2607--D                         178                        A. 3007--D

    1    3. $192,400,000 from the health insurance reserve receipts fund to the
    2  general fund.
    3    4. $150,000 from the general fund to the not-for-profit revolving loan
    4  fund.
    5    5. $150,000 from the not-for-profit revolving loan fund to the general
    6  fund.
    7    6. $31,000,000 from the miscellaneous special revenue fund, real prop-
    8  erty disposition account (22006), to the general fund.
    9    7.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
   10  property account (22036), to the general fund.
   11    8. $18,200,000 from the general  fund  to  the  miscellaneous  special
   12  revenue fund, alcoholic beverage control account (22033).
   13    9.  $23,000,000  from  the miscellaneous special revenue fund, revenue
   14  arrearage account (22024), to the general fund.
   15    10. $1,826,000 from the miscellaneous  special  revenue  fund  revenue
   16  arrearage  account  (22024),  to  the miscellaneous special revenue fund
   17  authority budget office account (22138).
   18    11. $1,000,000 from the miscellaneous special  revenue  fund,  parking
   19  services  account (22007), to the general fund, for the purpose of reim-
   20  bursing the costs of debt service related to state parking facilities.
   21    12. $52,600,000 from the general fund  to  the  miscellaneous  special
   22  revenue fund, statewide financial system account (22074).
   23    13.  $40,000,000  from  the  general fund to the office for technology
   24  internal service fund, central technology services account (55069),  for
   25  the purpose of enterprise technology projects.
   26    Health:
   27    1.  $139,560,000  from the miscellaneous special revenue fund, quality
   28  of care account (21915) to the general fund.
   29    2. $1,000,000 from the general fund to the combined gifts, grants  and
   30  bequests  fund, breast cancer research and education account (20155), an
   31  amount equal to the monies collected and deposited into that account  in
   32  the previous fiscal year.
   33    3. $2,464,000 from any of the department of health accounts within the
   34  federal  health  and  human  services  fund  to the department of health
   35  miscellaneous special revenue  fund,  statewide  planning  and  research
   36  cooperation system (SPARCS) program account (21902).
   37    4.  $250,000  from  the general fund to the combined gifts, grants and
   38  bequests  fund,  prostate  cancer  research,  detection,  and  education
   39  account  (20183),  an amount equal to the moneys collected and deposited
   40  into that account in the previous fiscal year.
   41    5. $500,000 from the general fund to the combined  gifts,  grants  and
   42  bequests  fund,  Alzheimer's  disease  research  and  assistance account
   43  (20143), an amount equal to the moneys collected and deposited into that
   44  account in the previous fiscal year.
   45    6. $1,000,000 from the miscellaneous special  revenue  fund,  adminis-
   46  tration account (21982), to the general fund.
   47    7.  $600,000,000  from any of the department of health accounts within
   48  the federal health and human services fund to the miscellaneous  special
   49  revenue fund, federal state health reform partnership account (22076).
   50    8.  $26,000,000 from the special revenue fund, HCRA resources fund, to
   51  the miscellaneous special revenue fund, empire  state  stem  cell  trust
   52  fund account (22161).
   53    9.  $1,250,000  from  the  miscellaneous  New  York state agency fund,
   54  medical assistance account to the general fund.
   55    10. $3,700,000 from the miscellaneous  New  York  state  agency  fund,
   56  medical assistance account to the general fund.
       S. 2607--D                         179                        A. 3007--D

    1    11.  $14,000,000  from  the  general fund to the miscellaneous special
    2  revenue fund, empire state stem cell trust fund (22161).
    3    12.  $139,560,000 from any of the department of health accounts within
    4  the federal health and human services fund to the miscellaneous  special
    5  revenue fund, quality of care account (21915).
    6    Labor:
    7    1.  $700,000  from  the  labor standards miscellaneous special revenue
    8  fund, fee and penalty account (21923), to the child performer protection
    9  fund, child performer protection account (20401).
   10    2. $8,400,000 from the labor standards miscellaneous  special  revenue
   11  fund, fee and penalty account (21923), to the general fund.
   12    3.  $3,300,000  from  the  unemployment insurance interest and penalty
   13  special revenue fund, unemployment insurance special interest and penal-
   14  ty account (23601), to the general fund.
   15    4. $3,000,000 from the labor standards miscellaneous  special  revenue
   16  fund, public work enforcement account (21998), to the general fund.
   17    5.  $2,200,000 from the training and education program on occupational
   18  safety and  health  fund,  occupational  safety  and  health  inspection
   19  account (21252), to the general fund.
   20    6.  $900,000  from  the training and education program on occupational
   21  safety and health fund, training and education account (21251),  to  the
   22  general fund.
   23    Mental Hygiene:
   24    1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
   25  hygiene patient income account (21909),  to  the  miscellaneous  special
   26  revenue fund, federal salary sharing account (22056).
   27    2.  $150,000,000  from  the miscellaneous special revenue fund, mental
   28  hygiene patient income account  (21909)  to  the  miscellaneous  special
   29  revenue fund, provider of service accounts (21903).
   30    3.  $150,000,000  from  the miscellaneous special revenue fund, mental
   31  hygiene program fund account (21907) to the miscellaneous special reven-
   32  ue fund, provider of service account (21903).
   33    4. $1,250,000,000 from the general fund to the  miscellaneous  special
   34  revenue fund, mental hygiene patient income account (21909).
   35    5.  $1,400,000,000  from the general fund to the miscellaneous special
   36  revenue fund, mental hygiene program fund account (21907).
   37    6. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   38  hygiene program fund account (21907) to the general fund.
   39    7.  $100,000,000  from  the miscellaneous special revenue fund, mental
   40  hygiene patient income account (21909) to the general fund.
   41    Public Protection:
   42    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
   43  management account (21944), to the general fund.
   44    2.  $3,300,000  from  the  general  fund  to the miscellaneous special
   45  revenue fund, recruitment incentive account (22171).
   46    3. $9,500,000 from the general fund  to  the  correctional  industries
   47  revolving   fund,   correctional  industries  internal  service  account
   48  (55350).
   49    4. $10,000,000 from federal miscellaneous operating grants fund,  DMNA
   50  damage account (25324), to the general fund.
   51    5.  $16,000,000  from  the  general  fund to the miscellaneous special
   52  revenue fund, crimes against revenue program account (22015).
   53    6. $20,000,000 from any office of homeland security account within the
   54  federal miscellaneous operating grants fund, receiving money through the
   55  homeland security grants program, to the general fund.
       S. 2607--D                         180                        A. 3007--D

    1    7. $22,000,000 from the miscellaneous special revenue  fund,  criminal
    2  justice improvement account (21945) to the general fund.
    3    8.  $20,000,000 from the miscellaneous special revenue fund, statewide
    4  public safety communications account (22123), to the general fund.
    5    9. $106,000,000 from the state police and motor vehicle  law  enforce-
    6  ment  and  motor vehicle theft and insurance fund prevention fund, state
    7  police motor vehicle enforcement account (22802) to the general fund for
    8  state operation expenses of the division of state police.
    9    10. $21,500,000 from the general fund to the  correctional  facilities
   10  capital improvement fund.
   11    11.  $1,500,000 from the miscellaneous special revenue fund, statewide
   12  public safety communications account (22123),  to  the  combined  gifts,
   13  grants  and  bequests  fund, New York state emergency services revolving
   14  loan account (20150).
   15    12. $3,000,000 from the general fund  to  the  dedicated  highway  and
   16  bridge  trust  fund  for  the  purpose  of  work  zone safety activities
   17  provided by the division of state police for the department of transpor-
   18  tation.
   19    13. $11,000,000 from the indigent legal services fund to  the  general
   20  fund.
   21    Transportation:
   22    1. $17,672,000 from the federal miscellaneous operating grants fund to
   23  the  special  revenue  fund, tri-state federal regional planning account
   24  (21913).
   25    2. $20,147,000 from the federal capital projects fund to  the  special
   26  revenue fund, tri-state federal regional planning accounts (21913).
   27    3. $15,368,000 from the miscellaneous special revenue fund, compulsory
   28  insurance account (22087), to the general fund.
   29    4.  $12,000,000 from the general fund to the mass transportation oper-
   30  ating assistance fund, public transportation systems  operating  assist-
   31  ance account (21401).
   32    5.  $624,691,000  from  the  general fund to the dedicated highway and
   33  bridge trust fund.
   34    6. $606,000 from the  miscellaneous  special  revenue  fund,  internet
   35  point insurance reduction program account (22094), to the general fund.
   36    7.  $6,000  from  the  miscellaneous  special revenue fund, motorcycle
   37  safety account (21976), to the general fund.
   38    8. $307,200,000 from the general fund to the MTA financial  assistance
   39  fund, mobility tax trust account (23651).
   40    9. $20,000,000 from the mass transportation operating assistance fund,
   41  metropolitan  mass  transportation operating assistance account (21402),
   42  to the general debt service  fund,  for  reimbursement  of  the  state's
   43  expenses  in  connection  with  payments  of  debt  service  and related
   44  expenses for the metropolitan transportation authority's  state  service
   45  contract bonds.
   46    Miscellaneous:
   47    1. $150,000,000 from the general fund to any funds or accounts for the
   48  purpose of reimbursing certain outstanding accounts receivable balances.
   49    2.  $500,000,000  from  the general fund to the debt reduction reserve
   50  fund.
   51    3. $450,000,000 from the New York state storm recovery capital fund to
   52  the revenue bond tax fund (40152).
   53    4. $1,000,000 from  any  of  the  state  lottery  fund  administration
   54  accounts,  the  miscellaneous special revenue fund, regulation of racing
   55  account (21912),  the  miscellaneous  special  revenue  fund,  bell  jar
   56  collection  account  (22003), or the miscellaneous special revenue fund,
       S. 2607--D                         181                        A. 3007--D

    1  regulation of  Indian  gaming  account  (22046),  to  the  miscellaneous
    2  special revenue fund, New York state gaming commission account.
    3    S  3.  Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller is hereby authorized
    5  and directed to transfer, on or before March 31, 2014:
    6    1. Upon request of the commissioner of environmental conservation,  up
    7  to  $11,126,800 from revenues credited to any of the department of envi-
    8  ronmental conservation special revenue funds, including $3,253,200  from
    9  the  environmental  protection  and  oil  spill  compensation  fund, and
   10  $1,762,600 from the conservation fund, to the environmental conservation
   11  special revenue fund, indirect charges account (21060).
   12    2. Upon request of the commissioner of agriculture and markets, up  to
   13  $3,000,000  from  any special revenue fund or enterprise fund within the
   14  department of agriculture and markets to the general fund, to pay appro-
   15  priate administrative expenses.
   16    3. Upon request of the commissioner of agriculture and markets, up  to
   17  $2,000,000  from  the state exposition special fund, state fair receipts
   18  account (50051) to the miscellaneous capital projects fund,  state  fair
   19  capital improvement account (32208).
   20    4.  Upon  request  of  the commissioner of the division of housing and
   21  community renewal, up to $6,221,000 from revenues credited to any  divi-
   22  sion  of  housing and community renewal federal or miscellaneous special
   23  revenue fund to the agency cost recovery account (22090).
   24    5. Upon request of the commissioner of the  division  of  housing  and
   25  community  renewal, up to $5,500,000 may be transferred from any miscel-
   26  laneous special revenue  fund  account,  to  any  miscellaneous  special
   27  revenue fund.
   28    6.  Upon  request of the commissioner of health up to $15,000,000 from
   29  revenues credited to any of the department of health's  special  revenue
   30  funds, to the miscellaneous special revenue fund, administration account
   31  (21982).
   32    S  4.  Notwithstanding  section  2815  of the public health law or any
   33  other contrary provision of law, upon the direction of the  director  of
   34  the  budget  and  the commissioner of health, the dormitory authority of
   35  the state of New York is directed  to  transfer  seven  million  dollars
   36  annually  from  funds  available  and  uncommitted in the New York state
   37  health care restructuring pool to the  health  care  reform  act  (HCRA)
   38  resources fund - HCRA resources account.
   39    S  4-a. Subdivision 3 of section 1680-j of the public authorities law,
   40  as amended by section 9 of part C of chapter 59 of the laws of 2011,  is
   41  amended to read as follows:
   42    3.  Notwithstanding  any  law  to the contrary, and in accordance with
   43  section four of the state finance law, the comptroller is hereby author-
   44  ized and directed to transfer from the health  care  reform  act  (HCRA)
   45  resources fund (061) to the general fund, upon the request of the direc-
   46  tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
   47  comptroller  is  further hereby authorized and directed to transfer from
   48  the healthcare reform act (HCRA); Resources fund (061)  to  the  Capital
   49  Projects  Fund,  upon  the  request  of  the  director  of budget, up to
   50  $139,000,000 for the period April 1, 2006 through March 31, 2007, up  to
   51  $171,100,000  for the period April 1, 2007 through March 31, 2008, up to
   52  $208,100,000 for the period April 1, 2008 through March 31, 2009, up  to
   53  $151,600,000  for the period April 1, 2009 through March 31, 2010, up to
   54  $215,743,000 for the period April 1, 2010 through March 31, 2011, up  to
   55  $433,366,000  for the period April 1, 2011 through March 31, 2012, up to
   56  $150,806,000 for the period April 1, 2012 through March 31, 2013, up  to
       S. 2607--D                         182                        A. 3007--D

    1  [$78,071,000]  $290,000,000  for  the period April 1, 2013 through March
    2  31, 2014, and up to $86,005,000 for the period  April  1,  2014  through
    3  March 31, 2015.
    4    S 5. On or before March 31, 2014, the comptroller is hereby authorized
    5  and  directed  to  deposit  earnings  that would otherwise accrue to the
    6  general fund that are attributable to the operation of section  98-a  of
    7  the  state  finance  law, to the agencies internal service fund, banking
    8  services account (55057), for the purpose  of  meeting  direct  payments
    9  from such account.
   10    S  6.  Notwithstanding  any law to the contrary, upon the direction of
   11  the director of the budget and upon requisition by the state  university
   12  of  New  York,  the  dormitory  authority  of  the  state of New York is
   13  directed to transfer, up to $22,000,000 in revenues generated  from  the
   14  sale  of  notes  or  bonds,  to  the  state  university  of New York for
   15  reimbursement of bondable equipment for further transfer to the  state's
   16  general fund.
   17    S  7.  Notwithstanding any law to the contrary, and in accordance with
   18  section 4 of the state finance law, the comptroller is hereby authorized
   19  and directed to transfer, upon request of the director of the budget and
   20  upon consultation with the state university chancellor  or  his  or  her
   21  designee,  on or before March 31, 2014, up to $16,000,000 from the state
   22  university income fund general revenue  account  (22653)  to  the  state
   23  general  fund for debt service costs related to campus supported capital
   24  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   25  University at Buffalo.
   26    S  8.  Notwithstanding any law to the contrary, and in accordance with
   27  section 4 of the state finance law, the comptroller is hereby authorized
   28  and directed to transfer, upon request of the director of the budget and
   29  upon consultation with the state university chancellor  or  his  or  her
   30  designee,  on  or before March 31, 2014, up to $6,500,000 from the state
   31  university income fund general revenue  account  (22653)  to  the  state
   32  general  fund for debt service costs related to campus supported capital
   33  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   34  University at Albany.
   35    S  9.  Notwithstanding  any  law to the contrary, the state university
   36  chancellor or her designee is authorized and directed to transfer  esti-
   37  mated tuition revenue balances from the state university collection fund
   38  to  the  state  university fund, state university general revenue offset
   39  account (22655) on or before March 31, 2014.
   40    S 10. Notwithstanding any law to the contrary, and in accordance  with
   41  section 4 of the state finance law, the comptroller is hereby authorized
   42  and directed to transfer, upon request of the director of the budget, up
   43  to  $60,000,000  from  the  general  fund to the state university income
   44  fund, state university hospitals  income  reimbursable  account  (22656)
   45  during  the period July 1, 2013 through June 30, 2014 to reflect ongoing
   46  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   47  SUNY hospitals' state agency status.
   48    S  10-a. Notwithstanding any law to the contrary, upon approval of the
   49  state university board of trustees, the state  university  of  New  York
   50  shall  transfer from any applicable state university income fund account
   51  to the state university income fund, state university  hospitals  income
   52  reimbursable  account  (22656)  up  to a total of $27,790,440 in savings
   53  resulting from an agreement between the state and the collective negoti-
   54  ating unit designated as the professional services negotiating  unit  in
   55  the  state  university of New York established pursuant to article 14 of
       S. 2607--D                         183                        A. 3007--D

    1  the civil service law. Such transfer shall be made in a form and  manner
    2  prescribed by the board of trustees.
    3    S  10-b.  Notwithstanding  any  law to the contrary, and in accordance
    4  with section 4 of the state finance law and subdivision  20  of  section
    5  2807  of  the public health law, the comptroller is hereby authorized to
    6  transfer, upon direction of the state university chancellor,  an  amount
    7  necessary  to fund the non-federal share of Medicaid payments authorized
    8  by such subdivision 20 from the state  university  income  fund  to  the
    9  Medicaid  Management  Information  System  (MMIS)  statewide escrow fund
   10  (179).
   11    S 10-c. Notwithstanding any law to the  contrary,  and  in  accordance
   12  with  section  4  of the state finance law and subdivision 21 of section
   13  2807 of the public health law, the comptroller is hereby  authorized  to
   14  transfer,  upon  direction of the state university chancellor, an amount
   15  necessary to fund the non-federal share of Medicaid payments  authorized
   16  by  such  subdivision  21  from  the state university income fund, state
   17  university hospitals income reimbursable account (22656), to  the  Medi-
   18  caid Management Information System (MMIS) statewide escrow fund (179).
   19    S  11. Notwithstanding any law to the contrary, and in accordance with
   20  section 4 of the state finance law, the comptroller is hereby authorized
   21  and directed to transfer, upon request of the director of the budget, up
   22  to $971,259,860 from the general fund to  the  state  university  income
   23  fund, state university general revenue offset account (22655) during the
   24  period  of  July  1, 2013 through June 30, 2014 to support operations at
   25  the state university.
   26    S 12. Notwithstanding any law to the contrary, and in accordance  with
   27  section 4 of the state finance law, the comptroller is hereby authorized
   28  and  directed to transfer, upon request of the state university chancel-
   29  lor or his or her designee, up to $50,000,000 from the state  university
   30  income  fund,  state  university  hospitals  income reimbursable account
   31  (22656), for hospital income reimbursable for services and  expenses  of
   32  hospital  operations  and  capital  expenditures at the state university
   33  hospitals, and the state university income fund  Long  Island  veterans'
   34  home account (22652) to the state university capital projects fund on or
   35  before June 30, 2014.
   36    S  13. Notwithstanding any law to the contrary, and in accordance with
   37  section 4 of the state finance law, the comptroller, after  consultation
   38  with  the  state university chancellor or his or her designee, is hereby
   39  authorized and directed to transfer moneys, in the first instance,  from
   40  the  state  university  collection fund, Stony Brook hospital collection
   41  account (61006), Brooklyn hospital collection account (61007), and Syra-
   42  cuse hospital collection account (61008) to the state university  income
   43  fund,  state university hospitals income reimbursable account (22656) in
   44  the event insufficient funds  are  available  in  the  state  university
   45  income  fund,  state  university  hospitals  income reimbursable account
   46  (22656) to transfer moneys, in amounts sufficient  to  permit  the  full
   47  transfer  of  moneys  authorized  for  transfer, to the general fund for
   48  payment of debt service related to the SUNY hospitals.   Notwithstanding
   49  any  law  to the contrary, the comptroller is also hereby authorized and
   50  directed, after consultation with the state university chancellor or his
   51  or her designee, to transfer moneys from  the  state  university  income
   52  fund  to  the  state  university income fund, state university hospitals
   53  income reimbursable account (22656) in the event insufficient funds  are
   54  available  in  the state university income fund, state university hospi-
   55  tals income reimbursable account (22656) to pay hospital operating costs
   56  or to transfer moneys, in amounts sufficient to permit the full transfer
       S. 2607--D                         184                        A. 3007--D

    1  of moneys authorized for transfer, to the general fund  for  payment  of
    2  debt service related to the SUNY hospitals on or before March 31, 2014.
    3    S  14. Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller is hereby authorized
    5  and directed to transfer monies, upon request of  the  director  of  the
    6  budget,  on  or  before March 31, 2014, from and to any of the following
    7  accounts: the miscellaneous special revenue fund, patient income account
    8  (21909), the miscellaneous special revenue fund, mental hygiene  program
    9  fund  account  (21907),  the miscellaneous special revenue fund, federal
   10  salary sharing account (22056) or the general fund in  any  combination,
   11  the aggregate of which shall not exceed $350 million.
   12    S  14-a.  Notwithstanding  any  law to the contrary, and in accordance
   13  with section 4 of the state  finance  law,  the  comptroller  is  hereby
   14  authorized  and  directed to transfer, at the request of the director of
   15  the budget, up to thirty-three million dollars  ($33,000,000)  from  the
   16  unencumbered balance of any special revenue fund or account, or combina-
   17  tion  of funds and accounts, to the community projects fund. The amounts
   18  transferred pursuant to this authorization shall be in addition  to  any
   19  other  transfers  expressly  authorized in the 2013-14 budget. Transfers
   20  from federal funds, debt services  funds,  capital  projects  funds,  or
   21  funds  that would result in the loss of eligibility for federal benefits
   22  or federal funds pursuant to federal law, rule, or regulation as assent-
   23  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
   24  1951  are  not permitted pursuant to this authorization. The director of
   25  the budget shall (a) have received a request in writing from one or both
   26  houses of the legislature, and (b) notify both houses of the legislature
   27  in writing prior to initiating transfers pursuant to this authorization.
   28  The comptroller shall provide the director of the budget, the  chair  of
   29  the  senate  finance  committee,  and the chair of the assembly ways and
   30  means committee with an accurate accounting and report of any  transfers
   31  that  occur  pursuant  to this section on or before the fifteenth day of
   32  the followng month in which such transfers occur.
   33    S 15. Notwithstanding any law to the contrary, and in accordance  with
   34  section 4 of the state finance law, the comptroller is hereby authorized
   35  and  directed to transfer, at the request of the director of the budget,
   36  up to $500 million from the unencumbered balance of any special  revenue
   37  fund  or  account,  or combination of funds and accounts, to the general
   38  fund. The amounts transferred pursuant to this authorization shall be in
   39  addition to any other transfers  expressly  authorized  in  the  2013-14
   40  budget.  Transfers  from  federal  funds,  debt  service  funds, capital
   41  projects funds, the community projects fund, or funds that would  result
   42  in  the loss of eligibility for federal benefits or federal funds pursu-
   43  ant to federal law, rule, or regulation as assented to in chapter 683 of
   44  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
   45  pursuant  to this authorization. The director of the budget shall notify
   46  both houses of the legislature in writing prior to initiating  transfers
   47  pursuant to this authorization.
   48    S  16. Notwithstanding any law to the contrary, and in accordance with
   49  section 4 of the state finance law, the comptroller is hereby authorized
   50  and directed to transfer, at the request of the director of the  budget,
   51  up  to $100 million from any non-general fund or account, or combination
   52  of funds and accounts, to the special revenue other-technology financing
   53  account for the purpose  of  consolidating  technology  procurement  and
   54  services.  The  amounts transferred pursuant to this authorization shall
   55  be equal to or less than the amount of such monies intended  to  support
   56  information  technology  costs  which  are  attributable, according to a
       S. 2607--D                         185                        A. 3007--D

    1  plan, to such account made in pursuance  to  an  appropriation  by  law.
    2  Transfers  to  the  technology financing account shall be completed from
    3  amounts collected by non-general funds or accounts pursuant  to  a  fund
    4  deposit  schedule  or permanent statute, and shall be transferred to the
    5  technology financing account pursuant to a schedule agreed upon  by  the
    6  affected  agency  commissioner.  Transfers  from  federal  funds are not
    7  permitted pursuant to this authorization; nor may transfers be made from
    8  funds that would result in the loss of eligibility for federal  benefits
    9  or federal funds pursuant to federal law, rule, or regulation as assent-
   10  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
   11  1951.  The director of the budget shall notify both houses of the legis-
   12  lature in writing prior to initiating transfers pursuant to this author-
   13  ization.
   14    S 17. Notwithstanding any provision of law to the contrary, as  deemed
   15  feasible and advisable by its trustees, the power authority of the state
   16  of New York is authorized and directed to (i) make a contribution to the
   17  state  treasury  to  the  credit  of  the  general fund, or as otherwise
   18  directed in writing by the director of the budget, in an amount of up to
   19  $90,000,000 for the state fiscal year  commencing  April  1,  2013,  the
   20  proceeds of which will be utilized to support energy-related initiatives
   21  of  the state or for economic development purposes, and (ii) transfer up
   22  to $25,000,000 of any such contribution by June 30, 2013 and the remain-
   23  der of any such contribution by March 31, 2014.
   24    S 18. $5,000,000 from the general fund to  the  miscellaneous  special
   25  revenue  fund,  tribal  state compact revenue account (22169).  Notwith-
   26  standing any provision of  law  to  the  contrary,  such  funds  may  be
   27  advanced  to  a  municipality  located  within the county of Cattaraugus
   28  hosting a gaming facility pursuant to the requirements of  an  appropri-
   29  ation  contained  in  chapter 53 of the laws of 2012; provided, however,
   30  that any such advance shall reduce the  amount  otherwise  due  to  such
   31  municipality  by  an  equivalent  amount,  and that, upon receipt of any
   32  funds in the tribal state compact revenue account pursuant to  a  tribal
   33  state  compact, such funds shall first be used to reimburse any transfer
   34  from the general fund pursuant to this section.
   35    S 19. Section 53 of part U of chapter 59 of the laws of 2012, relating
   36  to providing for administration of certain funds and accounts related to
   37  the 2013-2014 budget, is amended to read as follows:
   38    S 53. This act shall take effect immediately and shall  be  deemed  to
   39  have  been in full force and effect on and after April 1, 2012; provided
   40  that sections one through seven, sections ten through fifteen,  [section
   41  seventeen,]  and  sections twenty through thirty-three of this act shall
   42  expire March 31, 2013, when upon  such  date,  the  provisions  of  such
   43  sections  shall be deemed repealed; provided further that the amendments
   44  to subdivisions 1 and 2 of section 45 of section 1 of chapter 174 of the
   45  laws of 1968 made by section forty-nine of this act shall not affect the
   46  expiration of such subdivisions and shall be deemed to expire therewith.
   47    S 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
   48  amended  by  section  16 of part U of chapter 59 of the laws of 2012, is
   49  amended to read as follows:
   50    5. Notwithstanding the provisions of section one hundred seventy-one-a
   51  of the tax law, as separately amended by chapters four  hundred  eighty-
   52  one  and four hundred eighty-four of the laws of nineteen hundred eight-
   53  y-one, and notwithstanding the provisions of chapter ninety-four of  the
   54  laws  of  two  thousand  eleven,  or  any other provisions of law to the
   55  contrary, during the fiscal year beginning  April  first,  two  thousand
   56  [twelve]  THIRTEEN,  the  state  comptroller  is  hereby  authorized and
       S. 2607--D                         186                        A. 3007--D

    1  directed to deposit to the fund created pursuant to  this  section  from
    2  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    3  pursuant to a schedule submitted by the director of the  budget,  up  to
    4  [$3,322,067,000] $3,419,375,000, as may be certified in such schedule as
    5  necessary  to  meet the purposes of such fund for the fiscal year begin-
    6  ning April first, two thousand [twelve] THIRTEEN.
    7    S 21. The comptroller is authorized and directed  to  deposit  to  the
    8  general fund-state purposes account reimbursements from moneys appropri-
    9  ated  or  reappropriated to the correctional facilities capital improve-
   10  ment fund by a chapter of the laws  of  2013.  Reimbursements  shall  be
   11  available  for  spending  from  appropriations made to the department of
   12  corrections and community supervision in the general fund-state purposes
   13  accounts by a chapter of the laws of 2013 for costs associated with  the
   14  administration  and  security  of  capital  projects and for other costs
   15  which are attributable, according to a plan, to such capital projects.
   16    S 22. Section 3 of part W of chapter 60 of the laws of 2011,  amending
   17  the  state  finance  law relating to disbursements from the tribal-state
   18  compact revenue account to certain municipalities, is amended to read as
   19  follows:
   20    S 3. This act shall take effect immediately; provided that:
   21    (a) the amendments to subdivision 3  of  section  99-h  of  the  state
   22  finance  law  made by section one of this act shall expire and be deemed
   23  repealed [March 31, 2013] DECEMBER 31, 2016; and
   24    (b) the amendments to paragraph (a) of subdivision 4 of  section  99-h
   25  of  the  state  finance  law  made  by section two of this act shall not
   26  affect the expiration of such section and  shall  be  deemed  to  expire
   27  therewith.
   28    S  23.  Subdivision  3  of  section  99-h of the state finance law, as
   29  amended by section 1 of part V of chapter 59 of the  laws  of  2006,  is
   30  amended to read as follows:
   31    3. Moneys of the account, following [appropriation] THE SEGREGATION OF
   32  APPROPRIATIONS  ENACTED  by  the  legislature,  shall  be  available for
   33  purposes including but not limited to: (a) reimbursements or payments to
   34  municipal governments that host tribal casinos  pursuant  to  a  tribal-
   35  state compact for costs incurred in connection with services provided to
   36  such  casinos  or  arising as a result thereof, for economic development
   37  opportunities and job expansion programs  authorized  by  the  executive
   38  law;  provided,  however,  that  for  any gaming facility located in the
   39  county of Erie or Niagara, the municipal governments hosting the facili-
   40  ty shall collectively receive a minimum of twenty-five  percent  of  the
   41  negotiated percentage of the net drop from electronic gaming devices the
   42  state receives pursuant to the compact and provided further that for any
   43  gaming  facility located in the county or counties of Cattaraugus, Chau-
   44  tauqua or Allegany, the municipal governments of the state  hosting  the
   45  facility  shall collectively receive a minimum of twenty-five percent of
   46  the negotiated percentage of the net drop from electronic gaming devices
   47  the state receives pursuant to the compact; and  provided  further  that
   48  pursuant  to  chapter  five  hundred  ninety of the laws of two thousand
   49  four, a minimum of twenty-five percent of the revenues received  by  the
   50  state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
   51  shall be made available to the counties of Franklin  and  St.  Lawrence,
   52  and  affected  towns in such counties. Each such county and its affected
   53  towns shall receive fifty percent of the moneys made  available  by  the
   54  state;  and  (b)  support and services of treatment programs for persons
   55  suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
       S. 2607--D                         187                        A. 3007--D

    1  for such purposes shall be transferred  to  the  general  fund  for  the
    2  support of government during the fiscal year in which they are received.
    3    S  24.  Paragraphs  (a)  and  (b)  of  subdivision 7 of section 5-a of
    4  section 1 of chapter 392 of the laws of 1973, constituting the New  York
    5  state  medical  care  facilities  finance  agency  act, paragraph (a) as
    6  amended by chapter 55 of the laws of 1992 and paragraph (b)  as  amended
    7  by chapter 59 of the laws of 1993, are amended to read as follows:
    8    (a)  In  connection with the making of federally-aided mortgage loans,
    9  the commissioner of health shall  charge  to  such  non-profit  hospital
   10  corporation,  non-profit corporation providing a residential health care
   11  facility or non-profit medical corporation, for mortgage closings on  or
   12  after April first, nineteen hundred eighty-nine, a fee of nine-tenths of
   13  one percent of the mortgage loan, payable on requisition on or after the
   14  mortgage  closing to the state department of health by the mortgagor for
   15  deposit into the [miscellaneous special revenue fund - 339 hospital  and
   16  nursing home management account] STATE GENERAL FUND.
   17    (b) In connection with the refinancing or refunding of federally-aided
   18  mortgage  loans  or  loans  made pursuant to articles twenty-eight-A and
   19  twenty-eight-B of the public health  law,  the  commissioner  of  health
   20  shall  charge to such non-profit hospital corporation, non-profit corpo-
   21  ration providing  a  residential  health  care  facility  or  non-profit
   22  medical  corporation,  for  mortgage  closings  on or after April first,
   23  nineteen hundred eighty-nine, a fee of five-tenths of one percent of the
   24  new mortgage loan, payable on requisition on or after the mortgage clos-
   25  ing to the state department of health by the mortgagor for deposit  into
   26  the  [miscellaneous  special  revenue fund-339 hospital and nursing home
   27  management account] STATE GENERAL FUND.
   28    S 25. In the event that a  capital  appropriation  in  the  amount  of
   29  $25,000,000  is  included  in  the  enacted  budget  for the fiscal year
   30  commencing April 1, 2013 for the cleaner,  greener  communities  program
   31  administered  by  the  New  York  State  energy research and development
   32  authority, then notwithstanding any provision of law, rule or regulation
   33  to the contrary, the New York  State  energy  research  and  development
   34  authority is authorized and directed to pay to the state treasury to the
   35  credit  of  the  general fund for the cost of such program the amount of
   36  $25,000,000 for the fiscal year commencing April 1, 2013  from  proceeds
   37  collected  by  the  authority from the auction or sale of carbon dioxide
   38  emission allowances allocated by the department of environmental conser-
   39  vation under the Regional Greenhouse Gas Initiative. If, in  any  fiscal
   40  year,  such  $25,000,000 appropriation or any reappropriation thereof is
   41  reduced or eliminated prior to disbursement of $15,000,000,  where  such
   42  reduction  or  elimination  is  not  based upon the disbursement of such
   43  $25,000,000 appropriation, the comptroller is authorized and directed to
   44  transfer, at the request of the director of the division of the  budget,
   45  an  amount  equal  to such reduced or eliminated amount from the general
   46  fund to the New York State energy research  and  development  authority,
   47  not to exceed in the aggregate $25,000,000.
   48    S  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
   49  contrary, the comptroller is hereby authorized and directed to  deposit,
   50  to  the  credit  of  the  capital  projects fund, reimbursement from the
   51  proceeds of notes or bonds issued by  the  dormitory  authority  of  the
   52  state  of  New York for a capital appropriation for $215,650,000 author-
   53  ized by chapter 55 of the laws of 2000 to all state agencies for payment
   54  of costs related to the strategic investment program.
   55    S 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   56  contrary,  the  comptroller is hereby authorized and directed to deposit
       S. 2607--D                         188                        A. 3007--D

    1  to the credit of the  capital  projects  fund,  reimbursement  from  the
    2  proceeds of notes or bonds issued by the environmental facilities corpo-
    3  ration  for a capital appropriation of $30,174,000 authorized by chapter
    4  55  of  the laws of 2003 to the department of environmental conservation
    5  for payment of a portion of the state's match for federal capitalization
    6  grants for the water pollution control revolving loan  fund,  reimburse-
    7  ment from the proceeds of notes or bonds issued by the urban development
    8  corporation  or  other  financing  source for a capital appropriation of
    9  $19,500,000 authorized by chapter 50 of the laws of 2003 to  the  office
   10  of general services for payment of capital construction costs for the 51
   11  Elk  street  parking  garage  building  located  in  the city of Albany,
   12  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   13  development  corporation for disbursements of up to $10,000,000 from any
   14  capital appropriation or reappropriation authorized by chapter 50 of the
   15  laws of 2003 to the office of general  services  for  various  purposes,
   16  reimbursement from the proceeds of notes or bonds issued by the environ-
   17  mental facilities corporation for a capital appropriation of $13,250,000
   18  authorized  by chapter 55 of the laws of 2003 to the energy research and
   19  development authority for the Western New York Nuclear Service Center at
   20  West Valley, reimbursement from the proceeds of notes or bonds issued by
   21  the dormitory authority for disbursements of up to $16,400,000 from  any
   22  capital appropriation or reappropriation authorized by chapter 51 of the
   23  laws of 2003 to the judiciary for courthouse improvements, reimbursement
   24  from  the  proceeds  of  notes  or bonds issued by the urban development
   25  corporation for disbursements of up to $10,000,000  from  appropriations
   26  or  reappropriations authorized by chapter 50 of the laws of 2003 to any
   27  agency for costs related to homeland security,  reimbursement  from  the
   28  proceeds of notes or bonds issued by the environmental facilities corpo-
   29  ration  for a capital appropriation of $10,000,000 authorized by chapter
   30  55 of the laws of 2003 to the department of  environmental  conservation
   31  for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
   32  issued by the environmental facilities corporation for disbursements  of
   33  up  to  $11,000,000  from any capital appropriations or reappropriations
   34  authorized by chapter 55 of the laws of 2003 to the department of  envi-
   35  ronmental  conservation  for  environmental  purposes, and reimbursement
   36  from the proceeds of notes or bonds issued by  the  dormitory  authority
   37  for  disbursements  of  up  to $100,000,000 from a capital appropriation
   38  authorized by chapter 50 of the laws of 2003 to the department of  state
   39  for enhanced 911 wireless service.
   40    S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
   41  contrary, the comptroller is hereby authorized and directed  to  deposit
   42  to  the  credit  of  the  capital  projects fund, reimbursement from the
   43  proceeds of notes or bonds issued by the environmental facilities corpo-
   44  ration for a capital appropriation for $28,893,000 authorized by chapter
   45  55 of the laws of 2004 to the department of  environmental  conservation
   46  for payment of a portion of the state's match for federal capitalization
   47  grants  for  the water pollution control revolving loan fund, reimburse-
   48  ment from the proceeds of notes or bonds issued by the urban development
   49  corporation for disbursements of up  to  $10,000,000  from  any  capital
   50  appropriation or reappropriation authorized by chapter 50 of the laws of
   51  2004  to the office of general services for various purposes, reimburse-
   52  ment from the proceeds of notes or bonds  issued  by  the  environmental
   53  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
   54  authorized by chapter 55 of the laws of 2004 to the energy research  and
   55  development authority for the Western New York Nuclear Service Center at
   56  West Valley, reimbursement from the proceeds of notes or bonds issued by
       S. 2607--D                         189                        A. 3007--D

    1  the environmental facilities corporation, for a capital appropriation of
    2  $10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
    3  ment of environmental conservation for Onondaga lake, reimbursement from
    4  the  proceeds  of  notes or bonds issued by the environmental facilities
    5  corporation for disbursements of up  to  $11,000,000  from  any  capital
    6  appropriations  or reappropriations authorized by chapter 55 of the laws
    7  of 2004 to the department of  environmental  conservation  for  environ-
    8  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
    9  issued by  the  dormitory  authority  for  a  capital  appropriation  of
   10  $80,000,000  authorized  by chapter 53 of the laws of 2004 to the educa-
   11  tion  department  for  capital  transition  grants  for  transportation,
   12  reimbursement from the proceeds of notes or bonds issued by the dormito-
   13  ry  authority  for a capital appropriation of $243,325,000 authorized by
   14  chapter 55 of the laws of 2004 for payment of costs related to  economic
   15  development  projects, reimbursement from the proceeds of bonds or notes
   16  issued by the urban development corporation for a capital  appropriation
   17  of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
   18  by chapter 108 of the laws of 2006, for payment of costs related to  the
   19  H.  H. Richardson complex and the Darwin Martin House, and reimbursement
   20  from the proceeds of notes or bonds issued by  the  dormitory  authority
   21  for  a  capital appropriation of $345,750,000 authorized by chapter 3 of
   22  the laws of 2004 for the New York state economic development program.
   23    S 29. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   24  contrary,  the  comptroller is hereby authorized and directed to deposit
   25  to the credit of the  capital  projects  fund,  reimbursement  from  the
   26  proceeds of notes or bonds issued by the environmental facilities corpo-
   27  ration  for a capital appropriation of $29,602,000 authorized by chapter
   28  55 of the laws of 2005 to the department of  environmental  conservation
   29  for payment of a portion of the state's match for federal capitalization
   30  grants  for  the water pollution control revolving loan fund, reimburse-
   31  ment from the proceeds of notes or bonds issued by the urban development
   32  corporation for disbursements of up  to  $10,000,000  from  any  capital
   33  appropriation or reappropriation authorized by chapter 50 of the laws of
   34  2005  to the office of general services for various purposes, reimburse-
   35  ment from the proceeds of notes or bonds  issued  by  the  environmental
   36  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
   37  authorized by chapter 55 of the laws of 2005 to the energy research  and
   38  development authority for the Western New York Nuclear Service Center at
   39  West Valley, reimbursement from the proceeds of notes or bonds issued by
   40  the  environmental facilities corporation for a capital appropriation of
   41  $10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
   42  ment of environmental conservation for Onondaga lake, reimbursement from
   43  the  proceeds  of  notes or bonds issued by the environmental facilities
   44  corporation for disbursements of up  to  $11,000,000  from  any  capital
   45  appropriations  or reappropriations authorized by chapter 55 of the laws
   46  of 2005 to the department of  environmental  conservation  for  environ-
   47  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
   48  issued by the urban development corporation for a capital  appropriation
   49  of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
   50  Javits center, reimbursement from the proceeds of notes or bonds  issued
   51  by  the  dormitory  authority for a capital appropriation of $89,750,000
   52  authorized by chapter 62 of the laws of 2005 for  regional  development,
   53  reimbursement from the proceeds of notes or bonds issued by the dormito-
   54  ry  authority  for a capital appropriation of $249,000,000 authorized by
   55  chapter  62  of  the  laws  of  2005  for  technology  and  development,
   56  reimbursement  from  the  proceeds of notes or bonds issued by the urban
       S. 2607--D                         190                        A. 3007--D

    1  development corporation  for  a  capital  appropriation  of  $48,517,000
    2  authorized  by  chapter  162  of the laws of 2005 for the New York state
    3  economic development program, reimbursement from the proceeds  of  notes
    4  or  bonds  issued  by  the  urban  development corporation for a capital
    5  appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
    6  2005  for  the  higher  education  facilities  capital  matching  grants
    7  program, reimbursement from the proceeds of notes or bonds issued by the
    8  dormitory authority or other financing source for  a  capital  appropri-
    9  ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
   10  office of general services for payment of capital construction costs for
   11  the Elk street parking garage building located in the  city  of  Albany,
   12  reimbursement  from  the  proceeds of notes or bonds issued by the urban
   13  development corporation  for  a  capital  appropriation  of  $15,000,000
   14  authorized  by  chapter  53  of  the laws of 2005 to the state education
   15  department for payment of capital construction costs for  public  broad-
   16  casting  facilities,  reimbursement  from the proceeds of notes or bonds
   17  issued by the urban development corporation for a capital  appropriation
   18  of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
   19  sion of state police for public protection facilities, and reimbursement
   20  from  the  proceeds  of  notes  or bonds issued by the urban development
   21  corporation for capital disbursements of up to $3,000,000 from any capi-
   22  tal appropriation or reappropriation authorized by  chapter  50  of  the
   23  laws  of  2005 to the division of military and naval affairs for various
   24  purposes.
   25    S 30. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   26  contrary,  the  comptroller is hereby authorized and directed to deposit
   27  to the credit of the  capital  projects  fund,  reimbursement  from  the
   28  proceeds of notes or bonds issued by the environmental facilities corpo-
   29  ration for a capital appropriation for $29,600,000 authorized by chapter
   30  55  of  the laws of 2006 to the department of environmental conservation
   31  for payment of a portion of the state's match for federal capitalization
   32  grants for the water pollution control revolving loan  fund,  reimburse-
   33  ment from the proceeds of notes or bonds issued by the urban development
   34  corporation  for  disbursements  of  up  to $20,000,000 from any capital
   35  appropriation or reappropriation authorized by chapter 50 of the laws of
   36  2006 to the office of general services for various purposes,  reimburse-
   37  ment  from  the  proceeds  of notes or bonds issued by the environmental
   38  facilities  corporation  for  a  capital  appropriation  of  $14,000,000
   39  authorized  by chapter 55 of the laws of 2006 to the energy research and
   40  development authority for the Western New York Nuclear Service Center at
   41  West Valley, reimbursement from the proceeds of notes or bonds issued by
   42  the environmental facilities corporation for a capital appropriation  of
   43  $10,000,000  authorized by chapter 55 of the laws of 2006 to the depart-
   44  ment of environmental conservation for Onondaga lake, reimbursement from
   45  the proceeds of notes or bonds issued by  the  environmental  facilities
   46  corporation  for  disbursements  of  up  to $12,000,000 from any capital
   47  appropriations or reappropriations authorized by chapter 55 of the  laws
   48  of  2006  to  the  department of environmental conservation for environ-
   49  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
   50  issued by the urban development corporation for capital disbursements of
   51  up  to  $3,000,000  from  any  capital  appropriation or reappropriation
   52  authorized by chapter 50 of the laws of 2006 to the division of military
   53  and naval affairs for various purposes, reimbursement from the  proceeds
   54  of  notes  or  bonds  issued  by  the  urban development corporation for
   55  disbursements of up to $12,400,000 from  any  capital  appropriation  or
   56  reappropriation  authorized  by  chapter  50  of the laws of 2006 to the
       S. 2607--D                         191                        A. 3007--D

    1  division of state police for public protection facilities, reimbursement
    2  from the proceeds of notes or bonds  issued  by  the  urban  development
    3  corporation  for  a  capital appropriation of $117,000,000 authorized by
    4  chapter 50 of the laws of 2006 to all state departments and agencies for
    5  the  purchase  of equipment, reimbursement from the proceeds of notes or
    6  bonds issued by the dormitory authority or the urban development  corpo-
    7  ration  for  all  or a portion of capital appropriations of $603,050,000
    8  authorized by chapter 108 of the laws of 2006 to the  urban  development
    9  corporation  for economic development/other projects, reimbursement from
   10  the proceeds of notes or bonds issued by the  urban  development  corpo-
   11  ration for a capital appropriation of $269,500,000 authorized by chapter
   12  108 of the laws of 2006 to the dormitory authority or the urban develop-
   13  ment  corporation  for economic development projects, reimbursement from
   14  the proceeds of notes or bonds issued by the dormitory authority or  the
   15  urban   development   corporation   for   a   capital  appropriation  of
   16  $201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
   17  development  corporation for university development projects, reimburse-
   18  ment from the proceeds of notes or bonds issued by the dormitory author-
   19  ity or for a capital appropriation of $143,000,000 authorized by chapter
   20  108 of the laws  of  2006  to  the  urban  development  corporation  for
   21  cultural  facilities  projects, reimbursement from the proceeds of notes
   22  or bonds issued by the dormitory  authority  or  the  urban  development
   23  corporation  for  capital appropriations totaling $60,000,000 authorized
   24  by chapter 108 of the laws of 2006 to the urban development  corporation
   25  for  energy/environmental  projects,  reimbursement from the proceeds of
   26  notes or bonds issued by the dormitory authority or the  urban  develop-
   27  ment  corporation  for a capital appropriation of $20,000,000 authorized
   28  by chapter 108 of the laws of 2006 to the urban development  corporation
   29  for  a  competitive  solicitation for construction of a pilot cellulosic
   30  ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
   31  issued  by the urban development corporation for a capital appropriation
   32  of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
   33  development corporation for services and expenses related to infrastruc-
   34  ture for a new stadium in Queens  county,  and  reimbursement  from  the
   35  proceeds  of  notes or bonds issued by the urban development corporation
   36  for a capital appropriation of $74,700,000 authorized by chapter  55  of
   37  the  laws  of 2006 to the urban development corporation for services and
   38  expenses related to infrastructure improvements to construct a new park-
   39  ing facility at a new stadium in Bronx county,  reimbursement  from  the
   40  proceeds  of  notes  and  bonds  issued  by the environmental facilities
   41  corporation for a capital  appropriation  of  $5,000,000  authorized  by
   42  chapter  55  of  the laws of 2006 to the environmental facilities corpo-
   43  ration for payment for the pipeline for jobs program, reimbursement from
   44  the proceeds of notes or bonds issued by  the  dormitory  authority  for
   45  capital  disbursements  of  up to $14,000,000 from any capital appropri-
   46  ation or reappropriation authorized by chapter 53 of the  laws  of  2006
   47  for the library construction purpose, reimbursement from the proceeds of
   48  notes or bonds issued by the urban development corporation or the dormi-
   49  tory  authority for an appropriation of $1,200,000 authorized by chapter
   50  53 of the laws of 2006 for the towns of Bristol and  Canandaigua  public
   51  water  systems, reimbursement from the proceeds of notes or bonds issued
   52  by the urban development corporation or the dormitory authority  for  an
   53  appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
   54  for  Belleayre  mountain  ski center, reimbursement from the proceeds of
   55  notes or bonds issued by the urban development corporation or the dormi-
   56  tory authority for an appropriation of $25,000,000 authorized by chapter
       S. 2607--D                         192                        A. 3007--D

    1  53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
    2  center rehabilitation, reimbursement from the proceeds of notes or bonds
    3  issued  by  the urban development corporation or the dormitory authority
    4  for an appropriation of $5,000,000 authorized by chapter 108 of the laws
    5  of  2006 for a state of New York umbilical cord bank, reimbursement from
    6  the proceeds of notes or bonds issued by the  urban  development  corpo-
    7  ration  or  the  dormitory  authority for an appropriation of $5,500,000
    8  authorized by chapter 53 of the laws of 2006 for an  Old  Gore  mountain
    9  ski  bowl  connection, reimbursement from the proceeds of notes or bonds
   10  issued by the urban development corporation or the  dormitory  authority
   11  for  an appropriation of $2,000,000 authorized by chapter 53 of the laws
   12  of 2006 for a Cornell equine drug testing laboratory, reimbursement from
   13  the proceeds of notes or bonds issued by the  urban  development  corpo-
   14  ration  or  the  dormitory  authority for an appropriation of $2,000,000
   15  authorized by chapter 53 of the laws of 2006  for  a  Fredonia  vineyard
   16  laboratory,  reimbursement from the proceeds of notes or bonds issued by
   17  the dormitory authority or the  urban  development  corporation  for  an
   18  appropriation  of  $40,000,000  authorized by chapter 108 of the laws of
   19  2006 for a food testing laboratory, reimbursement from the  proceeds  of
   20  notes  or  bonds  issued  by the New York state thruway authority for an
   21  appropriation of $22,000,000 authorized by chapter 108 of  the  laws  of
   22  2006 to the department of transportation for high speed rail, reimburse-
   23  ment from the proceeds of notes or bonds issued by the urban development
   24  corporation  for  capital  disbursements  of  up to $500,000,000 from an
   25  appropriation authorized by chapter 108 of the laws of 2006 to the urban
   26  development corporation for development of a semiconductor manufacturing
   27  facility, reimbursement from the proceeds of notes or  bonds  issued  by
   28  the  urban  development corporation of up to $150,000,000 from an appro-
   29  priation authorized by chapter 108 of the laws  of  2006  to  the  urban
   30  development  corporation  for  research  and development activities of a
   31  semiconductor manufacturer, and reimbursement from the proceeds of notes
   32  or bonds  issued  by  the  urban  development  corporation  for  capital
   33  disbursements  of  up to $292,385,000 from an appropriation to the urban
   34  development corporation authorized by chapter 108 of the  laws  of  2006
   35  for community revitalization projects.
   36    S  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
   37  contrary, the comptroller is hereby authorized and directed  to  deposit
   38  to  the  credit  of  the  capital  projects fund, reimbursement from the
   39  proceeds of notes or bonds issued by the environmental facilities corpo-
   40  ration for a capital appropriation of $29,600,000 authorized by  chapter
   41  55  of  the laws of 2007 to the department of environmental conservation
   42  for payment of a portion of the state's match for federal capitalization
   43  grants for the water pollution control revolving loan  fund,  reimburse-
   44  ment from the proceeds of notes or bonds issued by the urban development
   45  corporation  for  disbursements  of  up  to $20,000,000 from any capital
   46  appropriation or reappropriation authorized by chapter 50 of the laws of
   47  2007 to the office of general services for various purposes,  reimburse-
   48  ment  from  the  proceeds  of notes or bonds issued by the environmental
   49  facilities  corporation  for  a  capital  appropriation  of  $13,500,000
   50  authorized  by chapter 55 of the laws of 2007 to the energy research and
   51  development authority for the Western New York Nuclear Service Center at
   52  West Valley, reimbursement from the proceeds of notes or bonds issued by
   53  the environmental facilities corporation for a capital appropriation  of
   54  $10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
   55  ment of environmental conservation for Onondaga lake, reimbursement from
   56  the proceeds of notes or bonds issued by  the  environmental  facilities
       S. 2607--D                         193                        A. 3007--D

    1  corporation  for  disbursements  of  up  to $12,000,000 from any capital
    2  appropriations or reappropriations authorized by chapter 55 of the  laws
    3  of  2007  to  the  department of environmental conservation for environ-
    4  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
    5  issued by the urban development corporation for capital disbursements of
    6  up to $3,000,000  from  any  capital  appropriation  or  reappropriation
    7  authorized by chapter 50 of the laws of 2007 to the division of military
    8  and  naval affairs for various purposes, reimbursement from the proceeds
    9  of notes or bonds  issued  by  the  urban  development  corporation  for
   10  disbursements  from a capital appropriation of $50,000,000 authorized by
   11  chapter 50 of the laws of 2007 to  the  division  of  state  police  for
   12  construction  of  a Troop G facility, reimbursement from the proceeds of
   13  notes or bonds issued by the urban development corporation for disburse-
   14  ments from a capital appropriation of $6,000,000 authorized  by  chapter
   15  50  of the laws of 2007 to the division of state police for construction
   16  of evidence storage facilities, reimbursement from the proceeds of notes
   17  or bonds issued by the dormitory  authority  or  the  urban  development
   18  corporation  for  capital appropriations totaling $77,900,000 authorized
   19  by chapter 51 of the laws of 2007 to the judiciary  for  court  training
   20  facilities  and  courthouse improvement projects, reimbursement from the
   21  proceeds of notes or bonds issued by the urban  development  corporation
   22  for  a  capital appropriation of $20,000,000 authorized by chapter 50 of
   23  the laws of 2007 to all state departments and agencies for the  purchase
   24  of  equipment,  reimbursement from the proceeds of notes or bonds issued
   25  by  the  dormitory  authority  for  capital  disbursements  of   up   to
   26  $14,000,000 from any capital appropriation or reappropriation authorized
   27  by  chapter  53 of the laws of 2007 for library construction, reimburse-
   28  ment from the proceeds of notes or bonds issued by the dormitory author-
   29  ity for capital disbursements of up  to  $60,000,000  from  any  capital
   30  appropriation or reappropriation authorized by chapter 53 of the laws of
   31  2007  for  cultural education storage facilities, reimbursement from the
   32  proceeds of notes or bonds issued by the urban  development  corporation
   33  for  capital  disbursements of up to $15,000,000 from any capital appro-
   34  priation or reappropriation authorized by chapter 55 of the laws of 2007
   35  for Roosevelt Island Operating Corporation aerial tramway, reimbursement
   36  from the proceeds of notes or bonds  issued  by  the  urban  development
   37  corporation  for  capital  disbursements  of  up to $20,000,000 from any
   38  capital appropriation or reappropriation authorized by chapter 55 of the
   39  laws of 2007 for Governor's Island, reimbursement from the  proceeds  of
   40  notes  or  bonds issued by the urban development corporation for capital
   41  disbursements of up to $7,500,000  from  any  capital  appropriation  or
   42  reappropriation  authorized by chapter 55 of the laws of 2007 for Harri-
   43  man research and technology park, reimbursement  from  the  proceeds  of
   44  notes  or  bonds issued by the urban development corporation for capital
   45  disbursements of up to $7,950,000  from  any  capital  appropriation  or
   46  reappropriation  authorized  by  chapter  55 of the laws of 2007 for USA
   47  Niagara, and reimbursement from the proceeds of notes or bonds issued by
   48  the urban development corporation for capital  disbursements  of  up  to
   49  $1,300,000  from  appropriations authorized by chapter 50 of the laws of
   50  2007 made to the office  of  general  services  for  legislative  office
   51  building hearing rooms.
   52    S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
   53  contrary, the comptroller is hereby authorized and directed  to  deposit
   54  to  the  credit  of  the  capital  projects fund, reimbursement from the
   55  proceeds of notes or bonds issued by the environmental facilities corpo-
   56  ration for a capital appropriation of $29,600,000 authorized by  chapter
       S. 2607--D                         194                        A. 3007--D

    1  55  of  the laws of 2008 to the department of environmental conservation
    2  for payment of a portion of the state's match for federal capitalization
    3  grants for the water pollution control revolving loan  fund,  reimburse-
    4  ment from the proceeds of notes or bonds issued by the urban development
    5  corporation  for  a  capital appropriation of $141,000,000 authorized by
    6  chapter 50 of the laws of 2008 to all state departments and agencies for
    7  the purchase of equipment or systems development, reimbursement from the
    8  proceeds of notes or bonds issued by the urban  development  corporation
    9  for disbursements of up to $45,500,000 from any capital appropriation or
   10  reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
   11  office of general services for various purposes, reimbursement from  the
   12  proceeds of notes or bonds issued by the environmental facilities corpo-
   13  ration  for a capital appropriation of $13,500,000 authorized by chapter
   14  55 of the laws of 2008 to the energy research and development  authority
   15  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
   16  reimbursement from the proceeds of notes or bonds issued by the environ-
   17  mental facilities corporation for a capital appropriation of $10,000,000
   18  authorized by chapter 55 of the laws of 2008 to the department of  envi-
   19  ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
   20  proceeds of notes or bonds issued by the environmental facilities corpo-
   21  ration for disbursements of up to $12,000,000 from any capital appropri-
   22  ations or reappropriations authorized by chapter 55 of the laws of  2008
   23  to  the  department  of  environmental  conservation  for  environmental
   24  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
   25  the  urban  development  corporation  for capital disbursements of up to
   26  $3,000,000 from any capital appropriation or reappropriation  authorized
   27  by  chapter 50 of the laws of 2008 to the division of military and naval
   28  affairs for various purposes, reimbursement from the proceeds  of  notes
   29  or  bonds  issued  by  the  urban  development corporation for a capital
   30  appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
   31  to the  office  for  technology  for  activities  related  to  broadband
   32  service, reimbursement from the proceeds of notes or bonds issued by the
   33  urban  development corporation for a capital appropriation of $6,000,000
   34  authorized by chapter 50 of the laws of 2008 to the  division  of  state
   35  police for rehabilitation of facilities, reimbursement from the proceeds
   36  of  notes or bonds issued by the dormitory authority of the state of New
   37  York or other financing source for a capital appropriation authorized by
   38  chapter 53 of the laws of 2008 of $14,000,000 to the  education  depart-
   39  ment  for library construction, reimbursement from the proceeds of notes
   40  or bonds issued by the dormitory authority of the state of New  York  or
   41  other financing source for a capital appropriation authorized by chapter
   42  53  of  the  laws of 2008 of $15,000,000 to the education department for
   43  museum renewal projects, reimbursement from the  proceeds  of  notes  or
   44  bonds  issued by the urban development corporation for capital appropri-
   45  ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
   46  urban development corporation for services and expenses related  to  the
   47  investment opportunity fund, reimbursement from the proceeds of notes or
   48  bonds  issued by the urban development corporation for capital appropri-
   49  ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
   50  urban development corporation for services and expenses related to  arts
   51  and cultural projects, reimbursement from the proceeds of bonds or notes
   52  issued  by the urban development corporation for a capital appropriation
   53  of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
   54  and community development projects, reimbursement from the  proceeds  of
   55  bonds or notes issued by the urban development corporation for a capital
   56  appropriation  of  $30,000,000  authorized  by chapter 53 of the laws of
       S. 2607--D                         195                        A. 3007--D

    1  2008 for New York city waterfront  development  projects,  reimbursement
    2  from  the  proceeds  of  bonds  or notes issued by the urban development
    3  corporation for a capital appropriation  of  $45,000,000  authorized  by
    4  chapter  53  of  the  laws  of  2008  for  Luther  Forest infrastructure
    5  projects, reimbursement from the proceeds of notes or  bonds  issued  by
    6  the   urban   development   corporation  for  capital  appropriation  of
    7  $35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
    8  development  corporation  for services and expenses related to downstate
    9  regional projects, reimbursement from the proceeds  of  notes  or  bonds
   10  issued by the urban development corporation for capital appropriation of
   11  $137,037,000  authorized  by chapter 53 of the laws of 2008 to the urban
   12  development corporation for services and  expenses  related  to  upstate
   13  city-by-city projects, reimbursement from the proceeds of notes or bonds
   14  issued by the urban development corporation for capital appropriation of
   15  $35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
   16  development corporation for services and expenses related to  the  down-
   17  state  revitalization projects, reimbursement from the proceeds of notes
   18  or bonds issued by the urban development corporation for capital  appro-
   19  priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
   20  the  urban  development corporation for services and expenses related to
   21  the upstate regional blueprint fund, reimbursement from the proceeds  of
   22  notes  or  bonds issued by the urban development corporation for capital
   23  appropriation of $25,000,000 authorized by chapter 53  of  the  laws  of
   24  2008  to  the  urban  development  corporation for services and expenses
   25  related  to  the  upstate  agricultural   economic   development   fund,
   26  reimbursement  from  the  proceeds of notes or bonds issued by the urban
   27  development  corporation  for  capital  appropriation  of   $350,000,000
   28  authorized  by  chapter  53 of the laws of 2008 to the urban development
   29  corporation for services and expenses related  to  the  New  York  state
   30  capital  assistance program, reimbursement from the proceeds of notes or
   31  bonds issued by the urban development corporation for capital  appropri-
   32  ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
   33  the urban development corporation for services and expenses  related  to
   34  the   New  York  state  economic  development  assistance  program,  and
   35  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   36  development corporation for capital appropriation of $20,000,000 author-
   37  ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
   38  ration for services and expenses related to the  empire  state  economic
   39  development fund.
   40    S  33.  Notwithstanding  any  other  law,  rule,  or regulation to the
   41  contrary, the comptroller is hereby authorized and directed  to  deposit
   42  to  the  credit  of  the  capital  projects fund, reimbursement from the
   43  proceeds of notes or bonds issued by the environmental facilities corpo-
   44  ration for a capital appropriation of $29,600,000 authorized by  chapter
   45  55  of  the laws of 2009 to the department of environmental conservation
   46  for payment of a portion of the state's match for federal capitalization
   47  grants for the water pollution control revolving loan  fund,  reimburse-
   48  ment from the proceeds of notes or bonds issued by the urban development
   49  corporation  for  a  capital appropriation of $129,800,000 authorized by
   50  chapter 50 of the laws of 2009 to all state departments and agencies for
   51  the purchase of equipment or systems development, reimbursement from the
   52  proceeds of notes or bonds issued by the urban  development  corporation
   53  for disbursements of up to $24,000,000 from any capital appropriation or
   54  reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
   55  office of general services for various purposes, reimbursement from  the
   56  proceeds of notes or bonds issued by the environmental facilities corpo-
       S. 2607--D                         196                        A. 3007--D

    1  ration  for a capital appropriation of $13,500,000 authorized by chapter
    2  55 of the laws of 2009 to the energy research and development  authority
    3  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
    4  reimbursement from the proceeds of notes or bonds issued by the environ-
    5  mental facilities corporation for a capital appropriation of $10,000,000
    6  authorized  by chapter 55 of the laws of 2009 to the department of envi-
    7  ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
    8  proceeds of notes or bonds issued by the environmental facilities corpo-
    9  ration for disbursements of up to $12,000,000 from any capital appropri-
   10  ations  or reappropriations authorized by chapter 55 of the laws of 2009
   11  to  the  department  of  environmental  conservation  for  environmental
   12  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
   13  the urban development corporation for capital  disbursements  of  up  to
   14  $3,000,000  from any capital appropriation or reappropriation authorized
   15  by chapter 50 of the laws of 2009 to the division of military and  naval
   16  affairs  for  various purposes, reimbursement from the proceeds of notes
   17  or bonds issued by the  urban  development  corporation  for  a  capital
   18  appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
   19  to  the  division  of  state  police  for  rehabilitation of facilities,
   20  reimbursement from the proceeds of notes or bonds issued by the dormito-
   21  ry authority of the state of New York or other financing  source  for  a
   22  capital  appropriation  authorized  by chapter 53 of the laws of 2009 of
   23  $14,000,000 to the state education department for library  construction,
   24  reimbursement from the proceeds of notes or bonds issued by the dormito-
   25  ry  authority  of  the state of New York or other financing source for a
   26  capital appropriation of $4,000,000 to the  state  education  department
   27  for  rehabilitation  associated  with  the  St.  Regis Mohawk elementary
   28  school authorized by chapter 53 of the laws of  2009  and  reimbursement
   29  from  the  proceeds  of  notes  or bonds issued by the urban development
   30  corporation for capital appropriation of $25,000,000 authorized by chap-
   31  ter 55 of the laws of 2009 to  the  urban  development  corporation  for
   32  services  and  expenses related to the empire state economic development
   33  fund.
   34    S 34. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   35  contrary,  the  comptroller is hereby authorized and directed to deposit
   36  to the credit of the  capital  projects  fund,  reimbursement  from  the
   37  proceeds of notes or bonds issued by the environmental facilities corpo-
   38  ration  for a capital appropriation of $29,600,000 authorized by chapter
   39  55 of the laws of 2010 to the department of  environmental  conservation
   40  for payment of a portion of the state's match for federal capitalization
   41  grants  for  the water pollution control revolving loan fund, reimburse-
   42  ment from the proceeds of notes or bonds issued by the urban development
   43  corporation for a capital appropriation of  $187,285,000  authorized  by
   44  chapter 50 of the laws of 2010 to all state departments and agencies for
   45  the purchase of equipment or systems development, reimbursement from the
   46  proceeds  of  notes or bonds issued by the urban development corporation
   47  for disbursements of up to $26,950,000 from any capital appropriation or
   48  reappropriation authorized by chapter 50 of the  laws  of  2010  to  the
   49  office  of general services for various purposes, reimbursement from the
   50  proceeds of notes or bonds issued by the environmental facilities corpo-
   51  ration for a capital appropriation of $5,000,000 authorized  by  chapter
   52  55  of  the laws of 2010 to the department of environmental conservation
   53  for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
   54  issued  by the environmental facilities corporation for disbursements of
   55  up to $12,000,000 from any capital  appropriations  or  reappropriations
   56  authorized  by chapter 55 of the laws of 2010 to the department of envi-
       S. 2607--D                         197                        A. 3007--D

    1  ronmental conservation for environmental  purposes,  reimbursement  from
    2  the  proceeds  of  notes or bonds issued by the urban development corpo-
    3  ration for capital disbursements of up to $3,000,000  from  any  capital
    4  appropriation or reappropriation authorized by chapter 50 of the laws of
    5  2010 to the division of military and naval affairs for various purposes,
    6  reimbursement  from  the  proceeds of notes or bonds issued by the urban
    7  development  corporation  for  a  capital  appropriation  of  $6,000,000
    8  authorized  by  chapter  50 of the laws of 2010 to the division of state
    9  police for rehabilitation of facilities, reimbursement from the proceeds
   10  of notes or bonds issued by the dormitory authority of the state of  New
   11  York   or   other  financing  source  for  a  capital  appropriation  of
   12  $14,000,000 authorized by chapter 53 of the laws of 2010  to  the  state
   13  education  department  for library construction, reimbursements from the
   14  proceeds of notes or bonds issued by  the  dormitory  authority  of  the
   15  state  of New York or other financing source for a capital appropriation
   16  of $20,400,000 authorized by chapter 100 of the  laws  of  2010  to  the
   17  state   education  department  for  the  longitudinal  data  system  and
   18  reimbursement from the proceeds of notes or bonds issued by the dormito-
   19  ry authority of the state of New York or other financing  source  for  a
   20  capital  appropriation  of  $42,000,000  for  the state preparedness and
   21  training center.
   22    S 35. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   23  contrary,  the  comptroller is hereby authorized and directed to deposit
   24  to the credit of the  capital  projects  fund,  reimbursement  from  the
   25  proceeds of notes or bonds issued by the environmental facilities corpo-
   26  ration  for a capital appropriation of $35,000,000 authorized by a chap-
   27  ter of the laws of 2011 to the department of environmental  conservation
   28  for payment of a portion of the state's match for federal capitalization
   29  grants  for  the water pollution control revolving loan fund, reimburse-
   30  ment from the proceeds of notes or bonds issued by the urban development
   31  corporation for a capital appropriation of $92,751,000 authorized  by  a
   32  chapter  of  the  laws of 2011 to all state departments and agencies for
   33  the purchase of equipment or systems development, reimbursement from the
   34  proceeds of notes or bonds issued by the urban  development  corporation
   35  for disbursements of up to $40,000,000 from any capital appropriation or
   36  reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
   37  office of general services for various purposes, reimbursement from  the
   38  proceeds of notes or bonds issued by the environmental facilities corpo-
   39  ration for disbursements of up to $12,000,000 from any capital appropri-
   40  ations  or  reappropriations authorized by a chapter of the laws of 2011
   41  to  the  department  of  environmental  conservation  for  environmental
   42  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
   43  the urban development corporation for capital  disbursements  of  up  to
   44  $3,000,000  from any capital appropriation or reappropriation authorized
   45  by a chapter of the laws of 2011 to the division of military  and  naval
   46  affairs  for  various purposes, reimbursement from the proceeds of notes
   47  or bonds issued by the  urban  development  corporation  for  a  capital
   48  appropriation  of $6,000,000 authorized by a chapter of the laws of 2011
   49  to the division  of  state  police  for  rehabilitation  of  facilities,
   50  reimbursement from the proceeds of notes or bonds issued by the dormito-
   51  ry  authority  of  the state of New York or other financing source for a
   52  capital appropriation of $14,000,000 authorized by a chapter of the laws
   53  of 2011 to the state  education  department  for  library  construction,
   54  reimbursement  from  the  proceeds of notes or bonds issued by the urban
   55  development  corporation  for  capital  appropriation  of   $130,550,000
   56  authorized  by  a  chapter  of the laws of 2011 to the urban development
       S. 2607--D                         198                        A. 3007--D

    1  corporation for services and expenses related to the  regional  economic
    2  development council initiative, reimbursement from the proceeds of notes
    3  or  bonds issued by the urban development corporation for capital appro-
    4  priation  of  $50,000,000 authorized by a chapter of the laws of 2011 to
    5  the urban development corporation for services and expenses  related  to
    6  the  economic  transformation program.  Reimbursements from the proceeds
    7  of notes or bonds  issued  by  the  urban  development  corporation  for
    8  disbursements  of  up  to  $40,000,000 from any capital appropriation or
    9  reappropriation authorized by a chapter of  the  laws  of  2011  to  the
   10  office of general services for various purposes.
   11    S  36.  Notwithstanding  any  other  law,  rule,  or regulation to the
   12  contrary, the comptroller is hereby authorized and directed  to  deposit
   13  to  the  credit  of  the  capital  projects fund, reimbursement from the
   14  proceeds of notes or bonds issued by the environmental facilities corpo-
   15  ration for a capital appropriation of $35,000,000 authorized by a  chap-
   16  ter  of the laws of 2012 to the department of environmental conservation
   17  for payment of a portion of the state's match for federal capitalization
   18  grants for the water pollution control revolving loan  fund,  reimburse-
   19  ment  from  the  proceeds  of notes or bonds issued by the environmental
   20  facilities corporation for disbursements of up to $12,000,000  from  any
   21  capital  appropriations  or  reappropriations authorized by a chapter of
   22  the laws of 2012 to the department  of  environmental  conservation  for
   23  environmental  purposes,  reimbursement  from  the  proceeds of notes or
   24  bonds issued by the urban development corporation for capital  disburse-
   25  ments  of up to $3,000,000 from any capital appropriation or reappropri-
   26  ation authorized by a chapter of the laws of 2012  to  the  division  of
   27  military  and naval affairs for various purposes, reimbursement from the
   28  proceeds of notes or bonds issued by the urban  development  corporation
   29  for a capital appropriation of $6,000,000 authorized by a chapter of the
   30  laws  of  2012  to  the  division  of state police for rehabilitation of
   31  facilities, reimbursement from the proceeds of notes or bonds issued  by
   32  the  dormitory  authority  of  the  state of New York or other financing
   33  source for a capital appropriation of $14,000,000 authorized by a  chap-
   34  ter  of  the  laws of 2012 to the state education department for library
   35  construction, reimbursement from the proceeds of notes or  bonds  issued
   36  by the thruway authority, the dormitory authority and the urban develop-
   37  ment  corporation for a capital appropriation of $770,000,000 authorized
   38  by chapter 54 of the laws of 2012  to  the  metropolitan  transportation
   39  authority for various purposes, reimbursement from the proceeds of notes
   40  or  bonds issued by the thruway authority for a capital appropriation of
   41  $15,000,000 authorized by chapter 54 of the laws of 2012 to the  depart-
   42  ment  of  transportation  for  improvement  of  the  peace bridge plaza,
   43  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   44  development  corporation  for  a  capital  appropriation of $130,000,000
   45  authorized by a chapter of the laws of 2012  to  the  urban  development
   46  corporation  for  services and expenses related to the regional economic
   47  development council initiative, reimbursement from the proceeds of notes
   48  or bonds issued by the  urban  development  corporation  for  a  capital
   49  appropriation of $75,000,000 authorized by a chapter of the laws of 2012
   50  to  the  urban development corporation for services and expenses related
   51  to the New York works economic development fund, reimbursement from  the
   52  proceeds  of  notes or bonds issued by the urban development corporation
   53  for a capital appropriation of $75,000,000 authorized by  a  chapter  of
   54  the  laws  of 2012 to the urban development corporation for services and
   55  expenses related to the buffalo regional innovation cluster,  reimburse-
   56  ment from the proceeds of notes or bonds issued by the urban development
       S. 2607--D                         199                        A. 3007--D

    1  corporation  for a capital appropriation of $250,000,000 authorized by a
    2  chapter of the laws of 2012 to the  urban  development  corporation  for
    3  services  and  expenses  related  to  the  state  university of New York
    4  college  for  nanoscale  and science engineering project, reimbursements
    5  from the proceeds of notes or bonds  issued  by  the  urban  development
    6  corporation  for  disbursements  of  up  to $26,000,000 from any capital
    7  appropriation or reappropriation authorized by a chapter of the laws  of
    8  2012 to the office of general services for various purposes.
    9    S  37.  Notwithstanding  any  other  law,  rule,  or regulation to the
   10  contrary, the comptroller is hereby authorized and directed  to  deposit
   11  to  the  credit  of  the  capital  projects fund, reimbursement from the
   12  proceeds of notes or bonds issued by the environmental facilities corpo-
   13  ration for a capital appropriation of $35,000,000 authorized by a  chap-
   14  ter  of the laws of 2013 to the department of environmental conservation
   15  for payment of a portion of the state's match for federal capitalization
   16  grants for the water pollution control revolving loan  fund,  reimburse-
   17  ment  from  the  proceeds  of notes or bonds issued by the environmental
   18  facilities corporation for disbursements of up to $12,000,000  from  any
   19  capital  appropriations  or  reappropriations authorized by a chapter of
   20  the laws of 2013 to the department  of  environmental  conservation  for
   21  environmental  purposes,  reimbursement  from  the  proceeds of notes or
   22  bonds issued by the urban development corporation for capital  disburse-
   23  ments  of up to $3,000,000 from any capital appropriation or reappropri-
   24  ation authorized by a chapter of the laws of 2013  to  the  division  of
   25  military  and naval affairs for various purposes, reimbursement from the
   26  proceeds of notes or bonds issued by the urban  development  corporation
   27  for a capital appropriation of $7,000,000 authorized by a chapter of the
   28  laws  of  2013  to  the  division  of state police for rehabilitation of
   29  facilities, reimbursement from the proceeds of notes or bonds issued  by
   30  the  urban  development  corporation  for  a  capital  appropriation  of
   31  $12,500,000 authorized by a chapter of the laws of 2013 to the  division
   32  of  state police for aviation equipment, reimbursement from the proceeds
   33  of notes or bonds issued by the dormitory authority of the state of  New
   34  York   or   other  financing  source  for  a  capital  appropriation  of
   35  $14,000,000 authorized by a chapter of the laws of  2013  to  the  state
   36  education  department  for  library construction, reimbursement from the
   37  proceeds of notes or bonds issued by the urban  development  corporation
   38  for  a  capital appropriation of $150,000,000 authorized by a chapter of
   39  the laws of 2013 to the urban development corporation for  services  and
   40  expenses  related  to  the  regional economic development council initi-
   41  ative, reimbursement from the proceeds of notes or bonds issued  by  the
   42  urban development corporation for a capital appropriation of $75,000,000
   43  authorized  by  a  chapter  of the laws of 2013 to the urban development
   44  corporation for services and expenses related to  the  buffalo  regional
   45  innovation  cluster,  reimbursement  from the proceeds of notes or bonds
   46  issued by the urban development corporation for a capital  appropriation
   47  of  $2,166,000  authorized by a chapter of the laws of 2013 to the urban
   48  development  corporation  for  services  and  expenses  related  to  the
   49  retention  of  professional football in Western New York, reimbursements
   50  from the proceeds of notes or bonds  issued  by  the  urban  development
   51  corporation  for  a capital appropriation of $12,000,000 authorized by a
   52  chapter of the laws of 2013 to the  urban  development  corporation  for
   53  services  and  expenses related to the empire state economic development
   54  fund, reimbursements from the proceeds of notes or bonds issued  by  the
   55  urban  development  corporation  for  disbursements of up to $26,000,000
   56  from any capital appropriation or reappropriation authorized by a  chap-
       S. 2607--D                         200                        A. 3007--D

    1  ter  of  the  laws of 2013 to the office of general services for various
    2  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
    3  the  urban  development  corporation  for  a  capital  appropriation  of
    4  $53,891,000  authorized  by  a  chapter of the laws of 2013 to the urban
    5  development corporation for services and  expenses  related  to  capital
    6  improvements at Ralph Wilson Stadium, reimbursement from the proceeds of
    7  notes  or  bonds issued by the thruway authority for a capital appropri-
    8  ation of $155,000,000 authorized by a chapter of the laws of 2013 to the
    9  department  of  transportation  for  highway  infrastructure   projects,
   10  reimbursement  from the proceeds of notes or bonds issued by the thruway
   11  authority for a capital appropriation of  $45,000,000  authorized  by  a
   12  chapter  of  the  laws  of  2013 to the department of transportation for
   13  engineering purposes, reimbursement from the proceeds of notes or  bonds
   14  issued   by   the   thruway  authority  for  capital  appropriations  of
   15  $10,000,000, $10,000,000 and $5,000,000 authorized by a chapter  of  the
   16  laws  of 2013 to the department of transportation for aviation projects,
   17  non-MTA transit projects, and rail service preservation projects.
   18    S 38. For purposes of sections twenty-six through thirty-seven of this
   19  act, the comptroller is also hereby authorized and directed  to  deposit
   20  to  the  credit  of  any  capital  projects fund, reimbursement from the
   21  proceeds of bonds and notes issued by any authorized issuer, as  defined
   22  by  sections  68-a and 69-m of the state finance law, in the amounts and
   23  for the purposes listed in such sections.
   24    S 39. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   25  contrary,  the  comptroller is hereby authorized and directed to deposit
   26  to the credit of the  state  university  residence  hall  rehabilitation
   27  fund,  reimbursement  from  the proceeds of notes or bonds issued by the
   28  dormitory authority of the state of New York for  capital  disbursements
   29  of  up to $331,000,000 from any appropriation or reappropriation author-
   30  ized by a chapter of the laws of 2013.
   31    S 40. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   32  contrary,  the  comptroller is hereby authorized and directed to deposit
   33  to the credit of the city university special revenue fund, reimbursement
   34  from the proceeds of notes or bonds issued by the Dormitory Authority of
   35  the State of New York for capital disbursements  of  up  to  $20,000,000
   36  from  any  appropriation  or reappropriation authorized by chapter 53 of
   37  the laws of 2009  to  the  city  university  of  New  York  for  various
   38  purposes.
   39    S  41.  Notwithstanding  any  other  law,  rule,  or regulation to the
   40  contrary, the state comptroller is hereby authorized and directed to use
   41  any balance remaining in the mental health services  fund  debt  service
   42  appropriation, after payment by the state comptroller of all obligations
   43  required pursuant to any lease, sublease, or other financing arrangement
   44  between the dormitory authority of the state of New York as successor to
   45  the  New  York  state  medical  care  facilities finance agency, and the
   46  facilities development corporation pursuant to chapter 83 of the laws of
   47  1995 and the department of mental hygiene  for  the  purpose  of  making
   48  payments  to  the  dormitory  authority of the state of New York for the
   49  amount of the earnings for the investment of  monies  deposited  in  the
   50  mental health services fund that such agency determines will or may have
   51  to  be  rebated  to the federal government pursuant to the provisions of
   52  the internal revenue code of 1986, as amended, in order to  enable  such
   53  agency  to  maintain  the  exemption from federal income taxation on the
   54  interest paid to the holders of such agency's mental services facilities
   55  improvement revenue bonds. On or before June 30, 2013, such agency shall
   56  certify to the  state  comptroller  its  determination  of  the  amounts
       S. 2607--D                         201                        A. 3007--D

    1  received  in  the mental health services fund as a result of the invest-
    2  ment of monies deposited therein that will or may have to be rebated  to
    3  the federal government pursuant to the provisions of the internal reven-
    4  ue code of 1986, as amended.
    5    S  42.  (1)  Notwithstanding any other law, rule, or regulation to the
    6  contrary, the state comptroller shall at the commencement of each  month
    7  certify to the director of the budget, the commissioner of environmental
    8  conservation,  the  chair of the senate finance committee, and the chair
    9  of the assembly ways and means committee the amounts disbursed from  all
   10  appropriations  for  hazardous  waste site remediation disbursements for
   11  the month preceding such certification.
   12    (2) Notwithstanding any law to the contrary, prior to the issuance  by
   13  the comptroller of bonds authorized pursuant to subdivision a of section
   14  4  of the environmental quality bond act of nineteen hundred eighty-six,
   15  as enacted by chapter 511 of the laws of 1986,  disbursements  from  all
   16  appropriations  for  that  purpose shall first be reimbursed from moneys
   17  credited to the hazardous waste remedial fund,  site  investigation  and
   18  construction  account,  to  the  extent  moneys  are  available  in such
   19  account. For purposes of determining moneys available in  such  account,
   20  the  commissioner  of  environmental  conservation  shall certify to the
   21  comptroller the amounts required for  administration  of  the  hazardous
   22  waste remedial program.
   23    (3)  The comptroller is hereby authorized and directed to transfer any
   24  balance above the amounts certified by the commissioner of environmental
   25  conservation to reimburse disbursements pursuant to  all  appropriations
   26  from  such site investigation and construction account; provided, howev-
   27  er, that if such transfers are  determined  by  the  comptroller  to  be
   28  insufficient  to  assure  that  interest  paid to holders of state obli-
   29  gations issued for hazardous waste purposes  pursuant  to  the  environ-
   30  mental  quality  bond  act of nineteen hundred eighty-six, as enacted by
   31  chapter 511 of the laws of 1986, is exempt from federal income taxation,
   32  the comptroller is hereby authorized and directed to transfer, from such
   33  site investigation and construction account to  the  general  fund,  the
   34  amount  necessary  to  redeem bonds in an amount necessary to assure the
   35  continuation of such tax exempt status. Prior to the making of any  such
   36  transfers,  the  comptroller  shall notify the director of the budget of
   37  the amount of such transfers.
   38    S 43. Subdivision 2 of section 68-a  of  the  state  finance  law,  as
   39  amended  by  section  36 of part U of chapter 59 of the laws of 2012, is
   40  amended to read as follows:
   41    2. "Authorized purpose" for purposes of this article and section nine-
   42  ty-two-z of this chapter shall mean any purposes  for  which  state-sup-
   43  ported debt, as defined by section sixty-seven-a of this chapter, may or
   44  has  been  issued  except  debt  for which the state is constitutionally
   45  obligated thereunder to pay debt  service  and  related  expenses[,  and
   46  except  (a) as authorized in paragraph (b) of subdivision one of section
   47  three hundred eighty-five of the public authorities law, (b) as  author-
   48  ized for the department of health of the state of New York facilities as
   49  specified  in  paragraph a of subdivision two of section sixteen hundred
   50  eighty of the public authorities law, (c) state university of  New  York
   51  dormitory  facilities  as  specified  in  subdivision  eight  of section
   52  sixteen hundred seventy-eight of the public authorities law, and (d)  as
   53  authorized  for  mental  health services facilities by section nine-a of
   54  section one of chapter three hundred ninety-two of the laws of  nineteen
   55  hundred  seventy-three  constituting  the  New  York  state medical care
   56  facilities financing act. Notwithstanding the provisions of  clause  (d)
       S. 2607--D                         202                        A. 3007--D

    1  of  this  subdivision,  for  the  period  April first, two thousand nine
    2  through  March  thirty-first,  two  thousand  thirteen,  mental   health
    3  services  facilities,  as authorized by section nine-a of section one of
    4  chapter  three hundred ninety-two of the laws of nineteen hundred seven-
    5  ty-three constituting the New York state medical care facilities financ-
    6  ing act, shall constitute an authorized purpose].
    7    S 44. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
    8  amended  by  section 35 of part BB of chapter 58 of the laws of 2011, is
    9  amended to read as follows:
   10    8. Revenue bonds may  only  be  issued  for  authorized  purposes,  as
   11  defined  in  section  sixty-eight-a of this article. Notwithstanding the
   12  foregoing, the dormitory authority of the state  of  New  York  and  the
   13  urban development corporation may issue revenue bonds for any authorized
   14  purpose  of any other such authorized issuer through March thirty-first,
   15  two thousand [thirteen] FIFTEEN.  The authorized issuers shall not issue
   16  any revenue bonds in an amount in excess of statutory authorizations for
   17  such authorized purposes. Authorizations for  such  authorized  purposes
   18  shall  be  reduced  in  an  amount  equal to the amount of revenue bonds
   19  issued for such authorized purposes under this article.  Such  reduction
   20  shall  not  be  made in relation to revenue bonds issued to fund reserve
   21  funds, if any, and costs of issuance, if these  items  are  not  counted
   22  under  existing authorizations, nor shall revenue bonds issued to refund
   23  bonds issued under existing authorizations reduce  the  amount  of  such
   24  authorizations.
   25    S  45. Subdivision 5 of section 3234 of the public authorities law, as
   26  amended by section 54 of part K of chapter 81 of the laws  of  2002,  is
   27  amended to read as follows:
   28    5.  A  majority  of the whole number of directors then in office shall
   29  constitute a quorum for the transaction of any business or the  exercise
   30  of  any  power of the corporation. Except as otherwise specified in this
   31  title, for the transaction of any business or the exercise of any  power
   32  of the corporation, the corporation shall have power to act by a majori-
   33  ty  of  the  directors  present  at  any meeting at which a quorum is in
   34  attendance; provided that one or more directors  may  participate  in  a
   35  meeting  by  means  of  conference  telephone  or similar communications
   36  equipment allowing all directors participating in the  meeting  to  hear
   37  each  other  at  the  same  time  and  participation by such means shall
   38  constitute presence in person at a meeting.  A  unanimous  vote  of  all
   39  directors  THEN IN OFFICE shall be required for approval of a resolution
   40  authorizing the issuance of bonds or notes or any supplemental or  amen-
   41  datory  resolution.   The corporation may delegate to one or more of its
   42  directors, or officers, agents and employees, such powers and duties  as
   43  the  directors  may deem proper. Five days notice shall be given to each
   44  director and nonvoting representative prior to any meeting of the corpo-
   45  ration.
   46    S 46. Section 1 of chapter 174 of the laws of 1968,  constituting  the
   47  New York state urban development corporation act, is amended by adding a
   48  new section 46 to read as follows:
   49    S  46.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
   50  CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
   51  IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR  THE  PURPOSE  OF
   52  FUNDING PROJECT COSTS FOR RESTORING STATE PROPERTIES DAMAGED AS A RESULT
   53  OF  STORM  SANDY  AND  OTHER  STATE  COSTS  ASSOCIATED WITH SUCH CAPITAL
   54  PROJECTS. THE AGGREGATE PRINCIPAL  AMOUNT  OF  BONDS  AUTHORIZED  TO  BE
   55  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL NOT EXCEED FOUR HUNDRED FIFTY
   56  MILLION DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE
       S. 2607--D                         203                        A. 3007--D

    1  RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF  SUCH  BONDS,  AND  BONDS  OR
    2  NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY
    3  ISSUED.  SUCH  BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE CORPO-
    4  RATION  SHALL  NOT  BE  A  DEBT OF THE STATE, AND THE STATE SHALL NOT BE
    5  LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY  FUNDS  OTHER  THAN
    6  THOSE  APPROPRIATED  BY  THE  STATE  TO  THE DORMITORY AUTHORITY AND THE
    7  CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO  A
    8  SERVICE  CONTRACT  AND  SUCH  BONDS  AND NOTES SHALL CONTAIN ON THE FACE
    9  THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT  FOR  PURPOSES  OF  COMPLYING
   10  WITH  THE  INTERNAL  REVENUE  CODE,  ANY  INTEREST INCOME EARNED ON BOND
   11  PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
   12    2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
   13  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
   14  ING  THE  FINANCING  FOR  PROJECT  COSTS  FOR RESTORING STATE PROPERTIES
   15  DAMAGED AS A RESULT OF STORM SANDY AND OTHER STATE COSTS ASSOCIATED WITH
   16  SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS  HEREBY  AUTHORIZED
   17  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY
   18  AND  THE  CORPORATION,  NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURA-
   19  TION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE  BUDGET  AND
   20  THE  DORMITORY  AUTHORITY  AND  THE CORPORATION AGREE, SO AS TO ANNUALLY
   21  PROVIDE TO THE DORMITORY AUTHORITY AND THE CORPORATION,  IN  THE  AGGRE-
   22  GATE,  A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES
   23  REQUIRED FOR SUCH BONDS AND NOTES. ANY  SERVICE  CONTRACT  ENTERED  INTO
   24  PURSUANT  TO THIS SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE
   25  TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A  DEBT  OF  THE
   26  STATE  WITHIN  THE  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION
   27  AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND
   28  THAT NO LIABILITY SHALL BE INCURRED  BY  THE  STATE  BEYOND  THE  MONIES
   29  AVAILABLE  FOR  SUCH  PURPOSE,  SUBJECT  TO  ANNUAL APPROPRIATION BY THE
   30  LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THERE-
   31  UNDER MAY BE ASSIGNED AND PLEDGED BY THE  DORMITORY  AUTHORITY  AND  THE
   32  CORPORATION  AS  SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS
   33  SECTION.
   34    3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE  DORMITORY
   35  AUTHORITY  AND  THE  CORPORATION  ANY  PORTION  OF BOND PROCEEDS PAID TO
   36  PROVIDE FUNDS FOR OR REIMBURSE THE STATE FOR ITS COSTS  ASSOCIATED  WITH
   37  SUCH  CAPITAL  PROJECT  COSTS  AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL
   38  PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
   39    S 47. Section 1 of chapter 174 of the laws of 1968,  constituting  the
   40  New York state urban development corporation act, is amended by adding a
   41  new section 47 to read as follows:
   42    S  47.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
   43  CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
   44  IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR  THE  PURPOSE  OF
   45  FUNDING  PROJECT COSTS FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
   46  AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE  AGGRE-
   47  GATE  PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS
   48  SECTION SHALL NOT EXCEED EIGHTY-SEVEN MILLION SEVEN HUNDRED FORTY  THOU-
   49  SAND  DOLLARS,  EXCLUDING  BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE
   50  RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF  SUCH  BONDS,  AND  BONDS  OR
   51  NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY
   52  ISSUED.  SUCH  BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE CORPO-
   53  RATION SHALL NOT BE A DEBT OF THE STATE, AND  THE  STATE  SHALL  NOT  BE
   54  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
   55  THOSE APPROPRIATED BY THE STATE  TO  THE  DORMITORY  AUTHORITY  AND  THE
   56  CORPORATION  FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO A
       S. 2607--D                         204                        A. 3007--D

    1  SERVICE CONTRACT AND SUCH BONDS AND NOTES  SHALL  CONTAIN  ON  THE  FACE
    2  THEREOF  A  STATEMENT  TO  SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
    3  WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  BOND
    4  PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
    5    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
    6  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
    7  ING THE FINANCING FOR PROJECT COSTS FOR THE OFFICE OF INFORMATION  TECH-
    8  NOLOGY  SERVICES  AND  OTHER  STATE  COSTS  ASSOCIATED WITH SUCH CAPITAL
    9  PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER  INTO
   10  ONE  OR  MORE  SERVICE  CONTRACTS  WITH  THE DORMITORY AUTHORITY AND THE
   11  CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN  DURATION,  UPON
   12  SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITO-
   13  RY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE
   14  DORMITORY  AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT TO
   15  EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED  FOR  SUCH
   16  BONDS  AND  NOTES.  ANY  SERVICE  CONTRACT ENTERED INTO PURSUANT TO THIS
   17  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
   18  THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF  THE  STATE  WITHIN  THE
   19  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
   20  EXECUTORY  ONLY  TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
   21  SHALL BE INCURRED BY THE STATE BEYOND  THE  MONIES  AVAILABLE  FOR  SUCH
   22  PURPOSE,  SUBJECT  TO  ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
   23  CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY  BE  ASSIGNED
   24  AND  PLEDGED  BY THE DORMITORY AUTHORITY AND THE CORPORATION AS SECURITY
   25  FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   26    3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE  DORMITORY
   27  AUTHORITY  AND  THE  CORPORATION  ANY  PORTION  OF BOND PROCEEDS PAID TO
   28  PROVIDE FUNDS FOR OR REIMBURSE THE STATE FOR ITS COSTS  ASSOCIATED  WITH
   29  SUCH  CAPITAL  PROJECT  COSTS  AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL
   30  PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
   31    S 48. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
   32  laws  of  2005,  relating to providing for the administration of certain
   33  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
   34  section  39  of  part U of chapter 59 of the laws of 2012, is amended to
   35  read as follows:
   36    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
   37  notwithstanding  any  provisions  of  law  to  the contrary, one or more
   38  authorized issuers as defined by section 68-a of the state  finance  law
   39  are  hereby  authorized to issue bonds or notes in one or more series in
   40  an aggregate principal amount not to exceed  [$24,000,000]  $27,000,000,
   41  excluding  bonds  issued  to  finance  one  or more debt service reserve
   42  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   43  to refund or otherwise repay such bonds or notes previously issued,  for
   44  the  purpose of financing capital projects for public protection facili-
   45  ties in the Division of Military and Naval  Affairs,  debt  service  and
   46  leases;  and  to reimburse the state general fund for disbursements made
   47  therefor. Such bonds and notes of such authorized issuer shall not be  a
   48  debt  of the state, and the state shall not be liable thereon, nor shall
   49  they be payable out of any funds other than those  appropriated  by  the
   50  state  to  such  authorized issuer for debt service and related expenses
   51  pursuant to any service contract executed pursuant to subdivision (b) of
   52  this section and such bonds and notes shall contain on the face  thereof
   53  a  statement  to  such effect. Except for purposes of complying with the
   54  internal revenue code, any interest income earned on bond proceeds shall
   55  only be used to pay debt service on such bonds.
       S. 2607--D                         205                        A. 3007--D

    1    S 49. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    2  of 1997, relating  to  the  financing  of  the  correctional  facilities
    3  improvement  fund and the youth facility improvement fund, as amended by
    4  section 40 of part U of chapter 59 of the laws of 2012,  is  amended  to
    5  read as follows:
    6    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    7  notwithstanding the provisions of section 18 of section 1 of chapter 174
    8  of the laws of 1968, the New York state urban development corporation is
    9  hereby authorized to issue bonds, notes  and  other  obligations  in  an
   10  aggregate principal amount not to exceed [six] SEVEN billion [eight] ONE
   11  hundred  [sixteen] THIRTY-THREE million [eight hundred] sixty-nine thou-
   12  sand dollars [$6,816,869,000]  $7,133,069,000,  and  shall  include  all
   13  bonds,  notes and other obligations issued pursuant to chapter 56 of the
   14  laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
   15  notes  or  other  obligations shall be paid to the state, for deposit in
   16  the correctional facilities capital improvement fund to pay for  all  or
   17  any  portion  of  the amount or amounts paid by the state from appropri-
   18  ations or reappropriations made to the  department  of  corrections  and
   19  community  supervision from the correctional facilities capital improve-
   20  ment fund for capital projects. The aggregate amount of bonds, notes  or
   21  other obligations authorized to be issued pursuant to this section shall
   22  exclude  bonds, notes or other obligations issued to refund or otherwise
   23  repay bonds, notes or other obligations theretofore issued, the proceeds
   24  of which were paid to the state for all or  a  portion  of  the  amounts
   25  expended  by  the  state from appropriations or reappropriations made to
   26  the department  of  corrections  and  community  supervision;  provided,
   27  however,  that  upon any such refunding or repayment the total aggregate
   28  principal amount of outstanding bonds, notes or other obligations may be
   29  greater  than  [six]  SEVEN  billion  [eight]  ONE   hundred   [sixteen]
   30  THIRTY-THREE   million   [eight  hundred]  sixty-nine  thousand  dollars
   31  [$6,816,869,000] $7,133,069,000, only if the present value of the aggre-
   32  gate debt service of the refunding or repayment bonds,  notes  or  other
   33  obligations  to  be  issued  shall  not  exceed the present value of the
   34  aggregate debt service of the bonds, notes or other obligations so to be
   35  refunded or repaid. For the purposes hereof, the present  value  of  the
   36  aggregate  debt  service  of  the refunding or repayment bonds, notes or
   37  other obligations and of the aggregate debt service of the bonds,  notes
   38  or  other  obligations  so  refunded  or  repaid, shall be calculated by
   39  utilizing the effective interest rate  of  the  refunding  or  repayment
   40  bonds,  notes  or other obligations, which shall be that rate arrived at
   41  by doubling the semi-annual  interest  rate  (compounded  semi-annually)
   42  necessary  to  discount  the  debt  service payments on the refunding or
   43  repayment bonds, notes or other obligations from the payment dates ther-
   44  eof to the date of issue of the refunding or repayment bonds,  notes  or
   45  other  obligations  and  to  the  price  bid including estimated accrued
   46  interest or proceeds received by  the  corporation  including  estimated
   47  accrued interest from the sale thereof.
   48    S  50.  Paragraph  (a) of subdivision 2 of section 47-e of the private
   49  housing finance law, as amended by section 41 of part U of chapter 59 of
   50  the laws of 2012, is amended to read as follows:
   51    (a) Subject to the provisions of chapter fifty-nine of the laws of two
   52  thousand, in order to enhance and encourage  the  promotion  of  housing
   53  programs  and thereby achieve the stated purposes and objectives of such
   54  housing programs, the agency shall have the power and is hereby  author-
   55  ized  from  time  to  time to issue negotiable housing program bonds and
   56  notes in such principal amount as shall be necessary to  provide  suffi-
       S. 2607--D                         206                        A. 3007--D

    1  cient  funds  for the repayment of amounts disbursed (and not previously
    2  reimbursed) pursuant to law or any prior year making  capital  appropri-
    3  ations  or  reappropriations  for  the  purposes of the housing program;
    4  provided,  however, that the agency may issue such bonds and notes in an
    5  aggregate principal amount  not  exceeding  two  billion  [seven]  EIGHT
    6  hundred [forty] FORTY-FOUR million [six] EIGHT hundred ninety-nine thou-
    7  sand  dollars,  plus a principal amount of bonds issued to fund the debt
    8  service reserve fund in accordance with the debt  service  reserve  fund
    9  requirement  established  by  the  agency and to fund any other reserves
   10  that the agency reasonably deems necessary for the security or  marketa-
   11  bility  of  such  bonds and to provide for the payment of fees and other
   12  charges and expenses,  including  underwriters'  discount,  trustee  and
   13  rating  agency  fees,  bond  insurance, credit enhancement and liquidity
   14  enhancement related to the issuance of such bonds and notes. No  reserve
   15  fund securing the housing program bonds shall be entitled or eligible to
   16  receive  state  funds apportioned or appropriated to maintain or restore
   17  such reserve fund at or to a particular level, except to the  extent  of
   18  any  deficiency  resulting  directly or indirectly from a failure of the
   19  state to appropriate or pay the agreed amount under any of the contracts
   20  provided for in subdivision four of this section.
   21    S 51. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
   22  1991,  amending  the  state  finance  law and other laws relating to the
   23  establishment of the dedicated highway and bridge trust fund, as amended
   24  by section 42 of part U of chapter 59 of the laws of 2012, is amended to
   25  read as follows:
   26    (b) Any service contract or contracts for projects authorized pursuant
   27  to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
   28  14-k of the transportation law, and entered into pursuant to subdivision
   29  (a)  of  this  section,  shall  provide for state commitments to provide
   30  annually to the thruway authority a sum or sums,  upon  such  terms  and
   31  conditions as shall be deemed appropriate by the director of the budget,
   32  to fund, or fund the debt service requirements of any bonds or any obli-
   33  gations  of  the thruway authority issued to fund such projects having a
   34  cost not in excess of [$7,106,022,000]  $7,591,875,000  cumulatively  by
   35  the end of fiscal year [2012-13] 2013-14.
   36    S  52.  Subdivision 1 of section 1689-i of the public authorities law,
   37  as amended by section 50 of part U of chapter 59 of the laws of 2012, is
   38  amended to read as follows:
   39    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
   40  request  of  the  commissioner of education, to finance eligible library
   41  construction projects pursuant to section two hundred seventy-three-a of
   42  the education law, in amounts certified  by  such  commissioner  not  to
   43  exceed  a  total  principal  amount of [ninety-eight] ONE HUNDRED TWELVE
   44  million dollars.
   45    S 53. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
   46  laws  of  2005,  providing  for  the administration of certain funds and
   47  accounts related to the 2005-2006 budget, as amended by  section  43  of
   48  part  PP  of  chapter  56  of  the  laws  of 2009, is amended to read as
   49  follows:
   50    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
   51  notwithstanding  any provisions of law to the contrary, the urban devel-
   52  opment corporation is hereby authorized to issue bonds or notes  in  one
   53  or   more  series  in  an  aggregate  principal  amount  not  to  exceed
   54  [$114,100,000] $133,600,000, excluding bonds issued to  finance  one  or
   55  more debt service reserve funds, to pay costs of issuance of such bonds,
   56  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
       S. 2607--D                         207                        A. 3007--D

    1  notes previously issued, for the purpose of financing  capital  projects
    2  for  THE division of state police [facilities], debt service and leases;
    3  and to reimburse the state general fund for disbursements made therefor.
    4  Such  bonds  and  notes of such authorized issuer shall not be a debt of
    5  the state, and the state shall not be liable thereon, nor shall they  be
    6  payable  out  of any funds other than those appropriated by the state to
    7  such authorized issuer for debt service and related expenses pursuant to
    8  any service contract  executed  pursuant  to  subdivision  (b)  of  this
    9  section  and  such  bonds  and notes shall contain on the face thereof a
   10  statement to such effect. Except for  purposes  of  complying  with  the
   11  internal revenue code, any interest income earned on bond proceeds shall
   12  only be used to pay debt service on such bonds.
   13    S  54.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
   14  constituting the New York state urban development  corporation  act,  as
   15  amended  by  section  43 of part U of chapter 59 of the laws of 2012, is
   16  amended to read as follows:
   17    S 44. ISSUANCE OF CERTAIN  BONDS  OR  NOTES.  1.  Notwithstanding  the
   18  provisions of any other law to the contrary, the dormitory authority and
   19  the  corporation are hereby authorized to issue bonds or notes in one or
   20  more series for the purpose of funding project costs  for  the  regional
   21  economic  development  council  initiative,  the economic transformation
   22  program, state university of New York college for nanoscale and  science
   23  engineering,  projects  within  the city of Buffalo or surrounding envi-
   24  rons, [and] the New York works economic development fund,  PROJECTS  FOR
   25  THE  RETENTION  OF PROFESSIONAL FOOTBALL IN WESTERN NEW YORK, THE EMPIRE
   26  STATE ECONOMIC DEVLOPMENT FUND, and other state  costs  associated  with
   27  such projects.  The aggregate principal amount of bonds authorized to be
   28  issued  pursuant  to  this  section  shall not exceed [seven hundred ten
   29  million five hundred fifty] ONE BILLION THREE MILLION SIX HUNDRED  SEVEN
   30  thousand  dollars,  excluding  bonds  issued  to  fund  one or more debt
   31  service reserve funds, to pay costs of issuance of such bonds, and bonds
   32  or notes issued to refund or otherwise repay such bonds or notes  previ-
   33  ously  issued.  Such  bonds and notes of the dormitory authority and the
   34  corporation shall not be a debt of the state, and the state shall not be
   35  liable thereon, nor shall they be payable out of any  funds  other  than
   36  those  appropriated  by  the  state  to  the dormitory authority and the
   37  corporation for principal, interest, and related expenses pursuant to  a
   38  service  contract  and  such  bonds  and notes shall contain on the face
   39  thereof a statement to such effect. Except  for  purposes  of  complying
   40  with  the  internal  revenue  code,  any  interest income earned on bond
   41  proceeds shall only be used to pay debt service on such bonds.
   42    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   43  order to assist the dormitory authority and the corporation in undertak-
   44  ing  the  financing for project costs for the regional economic develop-
   45  ment council initiative,  the  economic  transformation  program,  state
   46  university  of  New  York college for nanoscale and science engineering,
   47  projects within the city of Buffalo or surrounding environs  [and],  the
   48  New  York works economic development fund, PROJECTS FOR THE RETENTION OF
   49  PROFESSIONAL FOOTBALL IN WESTERN NEW YORK,  THE  EMPIRE  STATE  ECONOMIC
   50  DEVELOPMENT  FUND,  and other state costs associated with such projects,
   51  the director of the budget is hereby authorized to  enter  into  one  or
   52  more service contracts with the dormitory authority and the corporation,
   53  none of which shall exceed thirty years in duration, upon such terms and
   54  conditions as the director of the budget and the dormitory authority and
   55  the  corporation  agree,  so  as  to  annually  provide to the dormitory
   56  authority and the corporation, in the aggregate, a sum not to exceed the
       S. 2607--D                         208                        A. 3007--D

    1  principal, interest, and related expenses required for  such  bonds  and
    2  notes.  Any service contract entered into pursuant to this section shall
    3  provide that the obligation of the  state  to  pay  the  amount  therein
    4  provided  shall not constitute a debt of the state within the meaning of
    5  any constitutional or statutory provision and shall be deemed  executory
    6  only  to  the  extent of monies available and that no liability shall be
    7  incurred by the state beyond the  monies  available  for  such  purpose,
    8  subject to annual appropriation by the legislature. Any such contract or
    9  any  payments  made or to be made thereunder may be assigned and pledged
   10  by the dormitory authority and the corporation as security for its bonds
   11  and notes, as authorized by this section.
   12    S 55. Subdivisions 1 and 3 of section 1285-p of the public authorities
   13  law,subdivision 1 as amended by section 21 of part II of chapter  59  of
   14  the laws of 2004 and subdivision 3 as amended by section 38 of part U of
   15  chapter 59 of the laws of 2012, are amended to read as follows:
   16    1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
   17  notwithstanding any other provisions of law to the contrary, in order to
   18  assist the corporation in undertaking the administration and the financ-
   19  ing of the design, acquisition, construction, improvement, installation,
   20  and related work for all or any portion of any of the following environ-
   21  mental infrastructure projects and for the provision  of  funds  to  the
   22  state  for any amounts disbursed therefor: (a) projects authorized under
   23  the environmental protection fund, or for which appropriations are  made
   24  to  the  environmental  protection  fund  including,  but not limited to
   25  municipal  parks  and  historic  preservation,   stewardship,   farmland
   26  protection, non-point source, pollution control, Hudson River Park, land
   27  acquisition,  and  waterfront revitalization; (b) department of environ-
   28  mental conservation capital appropriations for Onondaga Lake for certain
   29  water quality improvement projects in the same manner as  set  forth  in
   30  paragraph (d) of subdivision one of section 56-0303 of the environmental
   31  conservation law; (c) for the purpose of the administration, management,
   32  maintenance, and use of the real property at the western New York nucle-
   33  ar  service  center;  and  (d)  department of environmental conservation
   34  capital appropriations  for  the  administration,  design,  acquisition,
   35  construction,  improvement, installation, and related work on department
   36  of environmental conservation environmental infrastructure projects; and
   37  (e) office of parks, recreation and historic preservation appropriations
   38  or reappropriations from the state parks infrastructure fund[,]; AND (F)
   39  CAPITAL GRANTS FOR THE CLEANER, GREENER COMMUNITIES PROGRAM the director
   40  of the division of budget and the corporation  are  each  authorized  to
   41  enter  into  one  or  more service contracts, none of which shall exceed
   42  twenty years in duration, upon such terms and conditions as the director
   43  and the corporation may agree, so as to annually provide to  the  corpo-
   44  ration  in  the  aggregate,  a sum not to exceed the annual debt service
   45  payments and related expenses required for any bonds and  notes  author-
   46  ized  pursuant  to  section  twelve  hundred  ninety  of this title. Any
   47  service contract entered into pursuant to  this  section  shall  provide
   48  that  the  obligation of the state to fund or to pay the amounts therein
   49  provided for shall not constitute a debt of the state within the meaning
   50  of any constitutional or statutory provision and shall be deemed  execu-
   51  tory  only  to the extent of moneys available for such purposes, subject
   52  to annual appropriation by the legislature. Any such service contract or
   53  any payments made or to be made thereunder may be assigned  and  pledged
   54  by  the  corporation  as security for its bonds and notes, as authorized
   55  pursuant to section twelve hundred ninety of this title.
       S. 2607--D                         209                        A. 3007--D

    1    3. The maximum amount of bonds that may be issued for the  purpose  of
    2  financing  environmental  infrastructure  projects  authorized  by  this
    3  section  shall  be  one  billion  [one  hundred  eighteen]  TWO  HUNDRED
    4  SIXTY-FIVE  million  seven  hundred sixty thousand dollars, exclusive of
    5  bonds  issued to fund any debt service reserve funds, pay costs of issu-
    6  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
    7  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
    8  corporation shall not be a debt of the state, and the state shall not be
    9  liable thereon, nor shall they be payable out of any  funds  other  than
   10  those  appropriated by the state to the corporation for debt service and
   11  related expenses pursuant to any service contracts executed pursuant  to
   12  subdivision  one of this section, and such bonds and notes shall contain
   13  on the face thereof a statement to such effect.
   14    S 56. The state finance law is amended by adding a new section 92-h to
   15  read as follows:
   16    S 92-H. SALES TAX REVENUE BOND TAX FUND. 1.  THERE  IS  HEREBY  ESTAB-
   17  LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
   18  ER  OF  TAXATION AND FINANCE A FUND WITHIN THE GENERAL DEBT SERVICE FUND
   19  TO BE KNOWN AS THE "SALES TAX REVENUE BOND TAX FUND".
   20    2. SUCH FUND SHALL CONSIST OF THE AMOUNT OF REVENUE  COLLECTED  WITHIN
   21  THE  STATE  FROM  THE IMPOSITION OF THE SALES AND COMPENSATING USE TAXES
   22  (INCLUDING INTEREST AND PENALTIES) PURSUANT TO  SECTION  ELEVEN  HUNDRED
   23  FIVE  AND  SECTION ELEVEN HUNDRED TEN OF THE TAX LAW EQUAL TO THE AMOUNT
   24  ATTRIBUTABLE TO A ONE PERCENT RATE OF TAXATION, LESS SUCH AMOUNTS AS THE
   25  COMMISSIONER OF TAXATION AND FINANCE MAY DETERMINE TO BE  NECESSARY  FOR
   26  REFUNDS.   ON AND AFTER THE DATE THAT ALL OF THE OBLIGATIONS AND LIABIL-
   27  ITIES OF THE NEW YORK LOCAL GOVERNMENT ASSISTANCE CORPORATION SHALL HAVE
   28  BEEN  MET  OR  OTHERWISE  DISCHARGED,  OTHER  THAN  PAYMENT  OBLIGATIONS
   29  REQUIRED  BY  SECTION  THIRTY-TWO  HUNDRED  THIRTY-EIGHT-A OF THE PUBLIC
   30  AUTHORITIES LAW, IT SHALL EQUAL THE AMOUNT ATTRIBUTABLE TO A TWO PERCENT
   31  RATE OF TAXATION, LESS SUCH AMOUNTS AS THE COMMISSIONER OF TAXATION  AND
   32  FINANCE  MAY  DETERMINE  TO  BE  NECESSARY FOR REFUNDS.   SUCH SALES AND
   33  COMPENSATING USE TAX REVENUES SHALL BE SEPARATE AND  DISTINCT  FROM  THE
   34  SALES  AND  COMPENSATING USE TAX REVENUES DEPOSITED FROM TIME TO TIME IN
   35  THE  LOCAL  GOVERNMENT  ASSISTANCE  TAX  FUND,   PURSUANT   TO   SECTION
   36  NINETY-TWO-R OF THIS CHAPTER.
   37    3.  ON  OR  BEFORE  THE TWELFTH DAY OF EACH MONTH, THE COMMISSIONER OF
   38  TAXATION AND FINANCE SHALL CERTIFY TO THE STATE COMPTROLLER THE  AMOUNTS
   39  SPECIFIED  IN  SUBDIVISION TWO OF THIS SECTION RELATING TO THE PRECEDING
   40  MONTH AND, IN ADDITION, NO LATER THAN MARCH THIRTY-FIRST OF EACH  FISCAL
   41  YEAR THE COMMISSIONER OF TAXATION AND FINANCE SHALL CERTIFY SUCH AMOUNTS
   42  RELATING TO THE LAST MONTH OF SUCH FISCAL YEAR. THE AMOUNTS SO CERTIFIED
   43  SHALL  BE  DEPOSITED  BY  THE STATE COMPTROLLER IN THE SALES TAX REVENUE
   44  BOND TAX FUND.
   45    4. MONEYS IN THE SALES TAX REVENUE BOND TAX FUND SHALL BE  KEPT  SEPA-
   46  RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
   47  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE. ALL
   48  DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED BY THE  STATE  COMPTROLLER,
   49  BE  SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE HAVING A
   50  MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS  AND  ALL
   51  BANKS  AND  TRUST  COMPANIES  ARE  AUTHORIZED  TO GIVE SECURITY FOR SUCH
   52  DEPOSITS. ANY SUCH MONEYS IN SUCH FUND MAY, IN  THE  DISCRETION  OF  THE
   53  STATE  COMPTROLLER,  BE INVESTED IN OBLIGATIONS IN WHICH THE STATE COMP-
   54  TROLLER IS AUTHORIZED TO INVEST PURSUANT TO  SECTION  NINETY-EIGHT-A  OF
   55  THIS ARTICLE.
       S. 2607--D                         210                        A. 3007--D

    1    5.  (A) THE STATE COMPTROLLER SHALL FROM TIME TO TIME, BUT IN NO EVENT
    2  LATER THAN THE FIFTEENTH DAY OF EACH MONTH (OTHER THAN  THE  LAST  MONTH
    3  OF  THE  FISCAL YEAR) AND NO LATER THAN THE THIRTY-FIRST DAY OF THE LAST
    4  MONTH OF EACH FISCAL YEAR, PAY OVER AND DISTRIBUTE TO THE CREDIT OF  THE
    5  GENERAL  FUND  OF THE STATE TREASURY ALL MONEYS IN THE SALES TAX REVENUE
    6  BOND TAX FUND, IF ANY, IN EXCESS OF THE AGGREGATE AMOUNT REQUIRED TO  BE
    7  SET ASIDE FOR THE PAYMENT OF CASH REQUIREMENTS PURSUANT TO PARAGRAPH (B)
    8  OF THIS SUBDIVISION, PROVIDED THAT AN APPROPRIATION HAS BEEN MADE TO PAY
    9  ALL  AMOUNTS  SPECIFIED  IN ANY CERTIFICATE OR CERTIFICATES DELIVERED BY
   10  THE DIRECTOR OF THE BUDGET PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION
   11  AS BEING REQUIRED BY ANY AUTHORIZED ISSUER AS SUCH TERM  IS  DEFINED  IN
   12  SECTION  SIXTY-NINE-M  OF  THIS CHAPTER FOR THE PAYMENT OF CASH REQUIRE-
   13  MENTS OF SUCH AUTHORIZED ISSUERS FOR SUCH FISCAL YEAR.   SUBJECT TO  THE
   14  RIGHTS  OF  HOLDERS  OF  DEBT  OF THE STATE, IN NO EVENT SHALL THE STATE
   15  COMPTROLLER PAY OVER AND DISTRIBUTE ANY MONEYS ON DEPOSIT IN  THE  SALES
   16  TAX  REVENUE BOND TAX FUND TO ANY PERSON OTHER THAN AN AUTHORIZED ISSUER
   17  PURSUANT TO SUCH CERTIFICATE OR CERTIFICATES (I) UNLESS  AND  UNTIL  THE
   18  AGGREGATE OF ALL CASH REQUIREMENTS CERTIFIED TO THE STATE COMPTROLLER AS
   19  REQUIRED  BY  SUCH  AUTHORIZED ISSUERS TO BE SET ASIDE PURSUANT TO PARA-
   20  GRAPH (B) OF THIS SUBDIVISION FOR  SUCH  FISCAL  YEAR  SHALL  HAVE  BEEN
   21  APPROPRIATED  TO SUCH AUTHORIZED ISSUERS IN ACCORDANCE WITH THE SCHEDULE
   22  SPECIFIED IN THE CERTIFICATE OR CERTIFICATES FILED BY  THE  DIRECTOR  OF
   23  THE  BUDGET OR (II) IF, AFTER HAVING BEEN SO CERTIFIED AND APPROPRIATED,
   24  ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDI-
   25  VISION HAS NOT BEEN MADE TO THE  AUTHORIZED  ISSUERS  PURSUANT  TO  SUCH
   26  CERTIFICATE  OR CERTIFICATES; PROVIDED, HOWEVER, THAT NO PERSON, INCLUD-
   27  ING SUCH AUTHORIZED ISSUERS OR THE HOLDERS OF REVENUE BONDS, SHALL  HAVE
   28  ANY  LIEN  ON  MONEYS ON DEPOSIT IN THE SALES TAX REVENUE BOND TAX FUND.
   29  ANY AGREEMENT ENTERED INTO PURSUANT  TO  SECTION  SIXTY-NINE-O  OF  THIS
   30  CHAPTER  RELATED  TO  ANY  PAYMENT  AUTHORIZED  BY THIS SECTION SHALL BE
   31  EXECUTORY ONLY TO THE EXTENT OF SUCH REVENUES AVAILABLE TO THE STATE  IN
   32  SUCH  FUND.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION,
   33  IN THE EVENT THE AGGREGATE OF ALL CASH  REQUIREMENTS  CERTIFIED  TO  THE
   34  STATE COMPTROLLER AS REQUIRED BY SUCH AUTHORIZED ISSUERS TO BE SET ASIDE
   35  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION FOR THE FISCAL YEAR BEGIN-
   36  NING  ON APRIL FIRST SHALL NOT HAVE BEEN APPROPRIATED TO SUCH AUTHORIZED
   37  ISSUERS IN ACCORDANCE WITH THE SCHEDULE SPECIFIED IN THE CERTIFICATE  OR
   38  CERTIFICATES  FILED BY THE DIRECTOR OF THE BUDGET OR, IF, HAVING BEEN SO
   39  CERTIFIED AND APPROPRIATED, ANY PAYMENT REQUIRED TO BE MADE PURSUANT  TO
   40  PARAGRAPH  (B)  OF  THIS  SUBDIVISION HAS NOT BEEN MADE PURSUANT TO SUCH
   41  CERTIFICATE OR CERTIFICATES, ALL RECEIPTS COLLECTED AND DEPOSITED IN THE
   42  SALES TAX REVENUE BOND TAX FUND SHALL REMAIN IN SUCH FUND. NOTWITHSTAND-
   43  ING ANY OTHER PROVISION OF LAW, IF THE STATE HAS APPROPRIATED  AND  PAID
   44  TO  THE  AUTHORIZED  ISSUERS  ALL  AMOUNTS  NECESSARY FOR THE AUTHORIZED
   45  ISSUERS TO MEET THEIR CASH REQUIREMENTS  FOR  THE  CURRENT  FISCAL  YEAR
   46  PURSUANT TO THE CERTIFICATE OR CERTIFICATES SUBMITTED BY THE DIRECTOR OF
   47  THE  BUDGET  PURSUANT  TO PARAGRAPH (B) OF THIS SECTION, THE STATE COMP-
   48  TROLLER SHALL, ON THE LAST DAY OF EACH FISCAL YEAR, PAY TO  THE  GENERAL
   49  FUND  OF  THE STATE ALL SUMS REMAINING IN THE SALES TAX REVENUE BOND TAX
   50  FUND ON SUCH DATE EXCEPT SUCH AMOUNTS AS THE DIRECTOR OF THE BUDGET  MAY
   51  CERTIFY  ARE  NEEDED TO MEET THE CASH REQUIREMENTS OF AUTHORIZED ISSUERS
   52  DURING THE SUBSEQUENT FISCAL YEAR.
   53    (B) NO LATER THAN THIRTY DAYS AFTER THE SUBMISSION  OF  THE  EXECUTIVE
   54  BUDGET  IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION, THE DIREC-
   55  TOR OF THE BUDGET SHALL PREPARE A CERTIFICATE OF THE AMOUNT  OF  MONTHLY
   56  RECEIPTS ANTICIPATED TO BE DEPOSITED PURSUANT TO SUBDIVISION TWO OF THIS
       S. 2607--D                         211                        A. 3007--D

    1  SECTION  DURING  THE  FISCAL  YEAR  BEGINNING  APRIL  FIRST OF THAT YEAR
    2  TOGETHER WITH THE MONTHLY AMOUNTS NECESSARY TO BE  SET  ASIDE  FROM  THE
    3  RECEIPTS  OF  SUCH  FUND,  AS SHALL BE SUFFICIENT TO MEET THE TOTAL CASH
    4  REQUIREMENTS  OF  AUTHORIZED ISSUERS, AS DEFINED BY SECTION SIXTY-NINE-M
    5  OF THIS CHAPTER DURING SUCH FISCAL YEAR, BASED ON INFORMATION THAT SHALL
    6  BE PROVIDED BY SUCH AUTHORIZED ISSUERS, CONSISTENT WITH THE TERMS OF ANY
    7  CONTRACT WITH OUTSTANDING BONDHOLDERS. EXCEPT FOR THE PURPOSE OF MEETING
    8  CASH REQUIREMENTS OF AN AUTHORIZED ISSUER THAT ARE DUE ON A  MONTHLY  OR
    9  MORE  FREQUENT  BASIS, PRIOR TO TRANSFERRING ANY MONEYS FROM THE ACCOUNT
   10  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COMPTROLLER SHALL SET
   11  ASIDE ON A MONTHLY BASIS ALL REVENUES DEPOSITED PURSUANT TO THIS  SUBDI-
   12  VISION  AS  RECEIVED UNTIL THE AMOUNT SET ASIDE IS EQUAL TO ONE-FIFTH OF
   13  THE INTEREST DUE ON SUCH OBLIGATIONS ON  THE  NEXT  SUCCEEDING  INTEREST
   14  PAYMENT  DATE  MULTIPLIED  BY  THE  NUMBER  OF MONTHS FROM THE LAST SUCH
   15  PAYMENT AND ONE-ELEVENTH OF THE NEXT PRINCIPAL INSTALLMENT DUE  ON  SUCH
   16  OBLIGATIONS  MULTIPLIED BY THE NUMBER OF MONTHS FROM THE LAST SUCH PRIN-
   17  CIPAL INSTALLMENT WHERE PRINCIPAL IS DUE ON AN ANNUAL BASIS OR ONE-FIFTH
   18  OF THE NEXT PRINCIPAL INSTALLMENT DUE ON SUCH OBLIGATIONS MULTIPLIED  BY
   19  THE  NUMBER  OF  MONTHS  FROM  THE LAST SUCH PRINCIPAL INSTALLMENT WHERE
   20  PRINCIPAL IS DUE ON A SEMIANNUAL BASIS. FOR THE PURPOSE OF MEETING  CASH
   21  REQUIREMENTS  OF AN AUTHORIZED ISSUER THAT ARE DUE ON A MONTHLY BASIS OR
   22  MORE FREQUENTLY, THE COMPTROLLER SHALL SET ASIDE ALL REVENUES  DEPOSITED
   23  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AS RECEIVED UNTIL THE AMOUNT
   24  SO SET ASIDE IS, IN THE REASONABLE JUDGMENT OF THE DIRECTOR OF THE BUDG-
   25  ET  AS  SET  FORTH  IN SUCH CERTIFICATE, SUFFICIENT TO MAKE THE REQUIRED
   26  PAYMENT ON OR BEFORE  SUCH  PAYMENT  DATE.  NOTWITHSTANDING  SUBDIVISION
   27  THREE  OF, SECTION SEVENTY-TWO OF THIS ARTICLE OR ANY OTHER PROVISION OF
   28  LAW, ALL MONEYS SET ASIDE IN THE SALES TAX REVENUE BOND TAX FUND TO MEET
   29  THE ANNUAL CASH REQUIREMENTS OF AUTHORIZED ISSUERS PURSUANT TO A CERTIF-
   30  ICATE OR CERTIFICATES AS REQUIRED IN THIS PARAGRAPH SHALL REMAIN IN  THE
   31  SALES  TAX  REVENUE BOND TAX FUND UNTIL NEEDED FOR PAYMENT TO AUTHORIZED
   32  ISSUERS, AS PROVIDED IN THIS SECTION. IN THE EVENT THAT THE  AMOUNT  SET
   33  ASIDE  BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH IS NOT SUFFI-
   34  CIENT TO MEET THE CASH REQUIREMENTS REQUIRED PURSUANT TO  A  CERTIFICATE
   35  OR CERTIFICATES SUBMITTED BY THE DIRECTOR OF THE BUDGET, THE STATE COMP-
   36  TROLLER  SHALL  IMMEDIATELY  TRANSFER FROM THE GENERAL FUND TO THE SALES
   37  TAX REVENUE BOND TAX FUND AN AMOUNT WHICH, WHEN COMBINED WITH THE AMOUNT
   38  SET ASIDE PURSUANT TO THIS PARAGRAPH, SHALL BE SUFFICIENT  TO  MEET  THE
   39  PAYMENT  REQUIRED  PURSUANT  TO  SUCH  CERTIFICATE  OR CERTIFICATES. THE
   40  DIRECTOR OF THE BUDGET MAY REVISE SUCH CERTIFICATION AT  SUCH  TIMES  AS
   41  SHALL  BE  NECESSARY, PROVIDED, HOWEVER, THAT THE DIRECTOR OF THE BUDGET
   42  SHALL, AS NECESSARY, REVISE SUCH CERTIFICATION  NOT  LATER  THAN  THIRTY
   43  DAYS AFTER THE ISSUANCE OF ANY REVENUE BONDS, INCLUDING REFUNDING BONDS,
   44  AND  AFTER THE ADOPTION OF ANY INTEREST RATE EXCHANGE OR OTHER FINANCIAL
   45  ARRANGEMENT AFFECTING THE CASH REQUIREMENTS  OF THE AUTHORIZED  ISSUERS.
   46  IN  NO EVENT SHALL THE STATE COMPTROLLER BE  HELD LIABLE FOR THE FAILURE
   47  TO SET ASIDE AN AMOUNT SUFFICIENT TO PAY  ANY  REQUIRED  PAYMENT  OF  AN
   48  AUTHORIZED ISSUER.
   49    6. ALL PAYMENTS OF MONEYS FROM THE REVENUE BOND TAX FUND SHALL BE MADE
   50  ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
   51    S 57. Section 1148 of the tax law, as amended by chapter 3 of the laws
   52  of 2004, is amended to read as follows:
   53    S  1148.  Deposit  and disposition of revenue. All taxes, interest and
   54  penalties collected or received by the commissioner under  this  article
   55  shall be deposited and disposed of pursuant to the provisions of section
   56  one  hundred  seventy-one-a of this chapter; provided however, the comp-
       S. 2607--D                         212                        A. 3007--D

    1  troller shall on or before the twelfth day of each month, pay  all  such
    2  taxes, interest and penalties collected under this article and remaining
    3  to  the  comptroller's  credit  in  such  banks, banking houses or trust
    4  companies  at  the  close  of  business on the last day of the preceding
    5  month, into the general fund of the state treasury, except as  otherwise
    6  provided in sections ninety-two-d, NINETY-TWO-H, and ninety-two-r of the
    7  state  finance  law and sections eleven hundred two, eleven hundred four
    8  and eleven hundred nine of this article.
    9    S 58. The state finance law is amended by adding a new article 5-F  to
   10  read as follows:
   11                                 ARTICLE 5-F
   12                  SALES TAX REVENUE BOND FINANCING PROGRAM
   13  SECTION 69-M. DEFINITIONS.
   14          69-N. ISSUANCE OF BONDS AND NOTES.
   15          69-O. PAYMENTS TO AUTHORIZED ISSUERS.
   16    S  69-M.  DEFINITIONS. 1. "AUTHORIZED ISSUER" SHALL MEAN THE DORMITORY
   17  AUTHORITY OF THE STATE OF NEW YORK, THE NEW YORK STATE URBAN DEVELOPMENT
   18  CORPORATION, THE NEW YORK STATE THRUWAY AUTHORITY,  AND  ANY  SUCCESSORS
   19  THERETO.
   20    2. "AUTHORIZED PURPOSE" FOR PURPOSES OF THIS ARTICLE AND SECTION NINE-
   21  TY-TWO-H  OF  THIS  CHAPTER SHALL MEAN ANY PURPOSES FOR WHICH STATE-SUP-
   22  PORTED DEBT, AS DEFINED BY SECTION SIXTY-SEVEN-A OF THIS CHAPTER, MAY OR
   23  HAS BEEN ISSUED, EXCEPT DEBT FOR WHICH  THE  STATE  IS  CONSTITUTIONALLY
   24  OBLIGATED THEREUNDER TO PAY DEBT SERVICE AND RELATED EXPENSES.
   25    3.  "REVENUE BONDS" FOR THE PURPOSES OF THIS ARTICLE AND SECTION NINE-
   26  TY-TWO-H OF THIS CHAPTER SHALL MEAN  ANY  BONDS,  NOTES  OR  OBLIGATIONS
   27  ISSUED OR INCURRED PURSUANT TO SECTION SIXTY-NINE-N OF THIS ARTICLE.
   28    S  69-N. ISSUANCE OF BONDS AND NOTES.  1. (A) AUTHORIZED ISSUERS SHALL
   29  HAVE THE POWER AND ARE HEREBY AUTHORIZED FROM  TIME  TO  TIME  TO  ISSUE
   30  REVENUE  BONDS, IN SUCH PRINCIPAL AMOUNT OR AMOUNTS, SUBJECT TO SUBDIVI-
   31  SION EIGHT OF THIS SECTION AND AS  THE  DIRECTOR  OF  THE  BUDGET  SHALL
   32  DETERMINE  TO  BE  NECESSARY, TO PROVIDE SUFFICIENT FUNDS FOR AUTHORIZED
   33  PURPOSES, THE ESTABLISHMENT OF RESERVES TO SECURE  SUCH  REVENUE  BONDS,
   34  THE PAYMENT OF AMOUNTS REQUIRED UNDER REVENUE BONDS OR AGREEMENTS RELAT-
   35  ING  THERETO,  AND THE PAYMENT OF ALL COSTS OF ISSUANCE OF THEIR REVENUE
   36  BONDS.
   37    (B) THE AUTHORIZED ISSUERS SHALL HAVE THE POWER AND ARE HEREBY AUTHOR-
   38  IZED FROM TIME TO TIME TO ISSUE (I) REVENUE BONDS TO RENEW  NOTES,  (II)
   39  REVENUE  BONDS TO PAY NOTES, AND (III) WHENEVER IT DEEMS REFUNDING EXPE-
   40  DIENT, TO REFUND ANY BONDS, NOTES OR OTHER  OBLIGATIONS  ISSUED  FOR  AN
   41  AUTHORIZED  PURPOSE  OR  PURPOSES, INCLUDING BONDS, NOTES OR OTHER OBLI-
   42  GATIONS THAT WERE ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, BY
   43  THE ISSUANCE OF NEW REVENUE BONDS, WHETHER THE BONDS,  NOTES,  OR  OTHER
   44  OBLIGATIONS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE REVEN-
   45  UE  BONDS  IN  PART  TO  REFUND  BONDS, NOTES, OR OTHER OBLIGATIONS THEN
   46  OUTSTANDING AND IN PART FOR ANY OF ITS OTHER  AUTHORIZED  PURPOSES.  THE
   47  REFUNDING  REVENUE  BONDS  MAY  BE  EXCHANGED FOR BONDS, NOTES, OR OTHER
   48  OBLIGATIONS TO BE REFUNDED, OR SOLD AND  THE  PROCEEDS  APPLIED  TO  THE
   49  PURCHASE,  REDEMPTION  OR  PAYMENT  OF SUCH BONDS, NOTES, OR OTHER OBLI-
   50  GATIONS.
   51    (C) EXCEPT AS MAY OTHERWISE BE EXPRESSLY  PROVIDED  BY  AN  AUTHORIZED
   52  ISSUER, EVERY ISSUE OF REVENUE BONDS OF AN AUTHORIZED ISSUER PURSUANT TO
   53  THIS SECTION SHALL BE SPECIAL OBLIGATIONS OF THE AUTHORIZED ISSUER PAYA-
   54  BLE  SOLELY OUT OF ANY REVENUES PAID OVER TO SUCH AUTHORIZED ISSUER FROM
   55  THE SALES TAX REVENUE BOND TAX FUND, ESTABLISHED PURSUANT    TO  SECTION
   56  NINETY-TWO-H OF THIS CHAPTER.
       S. 2607--D                         213                        A. 3007--D

    1    (D)  ALL  OF  THE  PROVISIONS  OF  THE ENABLING ACTS OF THE AUTHORIZED
    2  ISSUERS RELATING TO BONDS AND NOTES, WHICH ARE NOT INCONSISTENT WITH THE
    3  PROVISIONS OF THIS SECTION, MAY, AT THE DISCRETION OF  THE    AUTHORIZED
    4  ISSUER, APPLY TO REVENUE BONDS AUTHORIZED BY THIS SECTION.
    5    (E)  THE  REVENUE  BONDS  OF THE AUTHORIZED ISSUERS AUTHORIZED BY THIS
    6  SECTION SHALL NOT BE A DEBT OF THE STATE AND  THE  STATE  SHALL  NOT  BE
    7  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
    8  THOSE OF THE AUTHORIZED ISSUERS PLEDGED THEREFOR; AND SUCH REVENUE BONDS
    9  SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.  IN  ADDI-
   10  TION,  ANY  AGREEMENTS  ENTERED  INTO BY ANY ENTITY PURSUANT TO SECTIONS
   11  SIXTY-NINE-O AND NINETY-TWO-H OF THIS CHAPTER ON BEHALF OF THE STATE  TO
   12  EFFECT  THE IMPLEMENTATION OF ANY OF THE ACTIVITIES FINANCED IN WHOLE OR
   13  IN PART WITH PROCEEDS OF THE REVENUE BONDS OF  THE  AUTHORIZED  ISSUERS,
   14  AUTHORIZED  IN  THIS  SECTION  DO NOT CONSTITUTE OR CREATE A DEBT OF THE
   15  STATE, NOR A CONTRACTUAL OBLIGATION IN EXCESS OF THE  AMOUNTS  APPROPRI-
   16  ATED THEREFOR, AND THE STATE HAS NO CONTINUING LEGAL OR MORAL OBLIGATION
   17  TO APPROPRIATE MONEY FOR PAYMENTS DUE UNDER ANY SUCH AGREEMENT.
   18    (F) (I) REVENUE BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHOR-
   19  IZED  ISSUERS,  BE  IN  SUCH  DENOMINATIONS, BEAR SUCH DATE OR DATES AND
   20  MATURE AT SUCH TIME OR TIMES, AS SUCH RESOLUTION OR OTHER AGREEMENT  MAY
   21  PROVIDE.
   22    (II)  REVENUE BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR
   23  INTEREST AT SUCH RATE OR RATES, BE PAYABLE AT SUCH  TIMES,  BE  IN  SUCH
   24  FORM, EITHER COUPON, REGISTERED OR BOOK ENTRY FORM, CARRY SUCH REGISTRA-
   25  TION  PRIVILEGES,  BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM
   26  OF PAYMENT AT SUCH PLACE OR PLACES, AND BE SUBJECT  TO  SUCH  TERMS  AND
   27  CONDITIONS AS SUCH RESOLUTION MAY PROVIDE.
   28    (G)  REVENUE  BONDS  AUTHORIZED  HEREUNDER SHALL BE SOLD BY AUTHORIZED
   29  ISSUERS, AT PUBLIC OR PRIVATE SALE, AT  SUCH  PRICE  OR  PRICES  AS  THE
   30  AUTHORIZED  ISSUERS  MAY  DETERMINE.  REVENUE  BONDS  OF  THE AUTHORIZED
   31  ISSUERS SHALL NOT BE SOLD BY THE AUTHORIZED  ISSUERS  AT  PRIVATE  SALES
   32  UNLESS  SUCH  SALE AND THE TERMS THEREOF HAVE BEEN APPROVED BY THE STATE
   33  COMPTROLLER.
   34    2. CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, AND SUBJECT TO  THE
   35  APPROVAL  OF  THE DIRECTOR OF THE BUDGET, ANY RESOLUTION OR OTHER AGREE-
   36  MENT  AUTHORIZING  REVENUE  BONDS  OR  ANY  ISSUE  THEREOF  MAY  CONTAIN
   37  PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
   38  EOF, AS TO:
   39    (A)  PLEDGING  ALL OR ANY PART OF THE REVENUES RECEIVED BY THE AUTHOR-
   40  IZED ISSUERS PURSUANT TO SECTION SIXTY-NINE-O OF THIS ARTICLE TO  SECURE
   41  THE  PAYMENT  OF  THE BONDS OR NOTES OR OF ANY ISSUE THEREOF, SUBJECT TO
   42  SUCH AGREEMENTS WITH HOLDERS OF REVENUE BONDS AS MAY THEN EXIST;
   43    (B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE  AUTHORIZED  ISSUERS
   44  TO  SECURE  THE  PAYMENT OF THE REVENUE BONDS OR OF ANY ISSUE OF REVENUE
   45  BONDS SUBJECT TO SUCH AGREEMENTS WITH HOLDERS OF REVENUE  BONDS  AS  MAY
   46  THEN EXIST;
   47    (C)  THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
   48  AND DISPOSITION THEREOF;
   49    (D) LIMITATIONS ON THE PURPOSES TO  WHICH  THE  PROCEEDS  OF  SALE  OF
   50  REVENUE  BONDS,  MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE
   51  PAYMENT OF THE REVENUE BONDS OR OF ANY ISSUE THEREOF;
   52    (E) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL REVENUE BONDS, THE TERMS
   53  UPON WHICH ADDITIONAL REVENUE BONDS MAY BE ISSUED AND  SECURED  AND  THE
   54  REFUNDING OF OUTSTANDING OR OTHER REVENUE BONDS;
   55    (F)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
   56  HOLDERS OF REVENUE BONDS MAY BE AMENDED  OR  ABROGATED,  THE  AMOUNT  OF
       S. 2607--D                         214                        A. 3007--D

    1  REVENUE  BONDS  THE HOLDERS OF WHICH MUST CONSENT THERETO AND THE MANNER
    2  IN WHICH SUCH CONSENT MAY BE GIVEN;
    3    (G)  VESTING  IN  A  TRUSTEE,  AS DESCRIBED IN SUBDIVISION SIX OF THIS
    4  SECTION, SUCH PROPERTY, RIGHTS,  POWERS  AND  DUTIES  IN  TRUST  AS  THE
    5  AUTHORIZED  ISSUERS  MAY  DETERMINE, WHICH MAY INCLUDE ANY OR ALL OF THE
    6  RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED  BY  THE  HOLDERS  OF
    7  REVENUE  BONDS  OF  THE  RESPECTIVE  AUTHORIZED ISSUERS PURSUANT TO THIS
    8  ARTICLE, AND LIMITING OR ABROGATING THE RIGHT OF SUCH REVENUE BOND HOLD-
    9  ERS TO APPOINT A TRUSTEE  UNDER  THIS  TITLE  OR  LIMITING  THE  RIGHTS,
   10  POWERS, AND DUTIES OF SUCH TRUSTEE;
   11    (H)  THE  ACTS OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE A DEFAULT IN
   12  THE OBLIGATIONS AND DUTIES OF THE AUTHORIZED ISSUERS TO THE  HOLDERS  OF
   13  THE REVENUE BONDS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE HOLD-
   14  ERS  OF  THE REVENUE BONDS IN EVENT OF SUCH DEFAULT, INCLUDING THE RIGHT
   15  TO APPOINTMENT OF A RECEIVER; PROVIDED, HOWEVER, THAT  SUCH  RIGHTS  AND
   16  REMEDIES  SHALL  NOT  BE  INCONSISTENT WITH THE OTHER PROVISIONS OF THIS
   17  ARTICLE;
   18    (I) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER,  WHICH  IN  ANY
   19  WAY  AFFECT  THE  SECURITY  OR  PROTECTION OF THE HOLDERS OF THE REVENUE
   20  BONDS; AND
   21    (J) THE APPLICATION OF ANY OF THE FOREGOING PROVISIONS TO ANY PROVIDER
   22  OF ANY APPLICABLE BOND, NOTE OR OTHER FINANCIAL FACILITY.
   23    NOTWITHSTANDING THE FOREGOING, THE AUTHORIZED  ISSUERS  SHALL  NOT  BE
   24  AUTHORIZED  TO MAKE ANY COVENANT, PLEDGE, PROMISE, OR AGREEMENT PURPORT-
   25  ING TO BIND THE STATE EXCEPT AS  OTHERWISE  SPECIFICALLY  AUTHORIZED  BY
   26  THIS ARTICLE.
   27    3. ANY PLEDGE MADE BY THE RESPECTIVE AUTHORIZED ISSUERS SHALL BE VALID
   28  AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE. THE REVENUES OR PROP-
   29  ERTY  SO  PLEDGED  AND  THEREAFTER RECEIVED BY THE RESPECTIVE AUTHORIZED
   30  ISSUERS SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE  WITHOUT
   31  ANY  PHYSICAL  DELIVERY THEREOF OR FURTHER ACT, AND THE LIEN OF ANY SUCH
   32  PLEDGE SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES  HAVING  CLAIMS
   33  OF  ANY  KIND  IN  TORT,  CONTRACT OR OTHERWISE   AGAINST THE RESPECTIVE
   34  AUTHORIZED ISSUERS, IRRESPECTIVE OF WHETHER  SUCH  PARTIES  HAVE  NOTICE
   35  THEREOF.  NEITHER  THE  RESOLUTION  NOR  ANY OTHER INSTRUMENT BY WHICH A
   36  PLEDGE IS CREATED NEED BE RECORDED OR FILED TO PROTECT SUCH PLEDGE.
   37    4. NEITHER THE DIRECTORS OR MEMBERS OF THE AUTHORIZED ISSUERS NOR  ANY
   38  OTHER PERSON EXECUTING THE REVENUE BONDS OF THE AUTHORIZED ISSUERS SHALL
   39  BE  LIABLE PERSONALLY THEREON OR BE SUBJECT TO ANY PERSONAL LIABILITY OR
   40  ACCOUNTABILITY SOLELY BY REASON OF THE ISSUANCE THEREOF.
   41    5. THE AUTHORIZED ISSUERS, SUBJECT TO SUCH AGREEMENTS WITH HOLDERS  OF
   42  REVENUE BONDS AS MAY THEN EXIST, OR WITH THE PROVIDERS OF ANY APPLICABLE
   43  BOND  OR NOTE OR OTHER FINANCIAL OR AGREEMENT FACILITY, SHALL HAVE POWER
   44  OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE  REVENUE  BONDS  OF  THE
   45  AUTHORIZED  ISSUERS,  WHICH  MAY  OR MAY NOT THEREUPON BE CANCELED, AT A
   46  PRICE NOT EXCEEDING:
   47    (A) IF THE REVENUE BONDS ARE THEN  REDEEMABLE,  THE  REDEMPTION  PRICE
   48  THEN APPLICABLE, INCLUDING ANY ACCRUED INTEREST;
   49    (B) IF THE REVENUE BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE
   50  AND  ACCRUED  INTEREST  APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE
   51  UPON WHICH THE REVENUE BONDS BECOME SUBJECT TO REDEMPTION.
   52    6. IN THE DISCRETION OF AUTHORIZED ISSUERS, THE REVENUE BONDS  MAY  BE
   53  SECURED BY A TRUST INDENTURE BY AND BETWEEN THE AUTHORIZED ISSUERS AND A
   54  CORPORATE  TRUSTEE,  OR  A  CORPORATE TRUSTEE MAY BE APPOINTED UNDER THE
   55  RESOLUTION AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
       S. 2607--D                         215                        A. 3007--D

    1    7. WHETHER OR NOT THE REVENUE BONDS ARE OF SUCH FORM AND CHARACTER  AS
    2  TO  BE  NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM COMMERCIAL
    3  CODE, THE REVENUE BONDS ARE HEREBY MADE  NEGOTIABLE  INSTRUMENTS  WITHIN
    4  THE  MEANING  OF  AND  FOR  ALL PURPOSES OF THE UNIFORM COMMERCIAL CODE,
    5  SUBJECT  ONLY TO THE PROVISIONS OF THE REVENUE BONDS FOR REGISTRATION OR
    6  ANY BOOK-ENTRY-ONLY SYSTEM.
    7    8. REVENUE BONDS MAY  ONLY  BE  ISSUED  FOR  AUTHORIZED  PURPOSES,  AS
    8  DEFINED  IN  SECTION  SIXTY-NINE-M  OF THIS ARTICLE. NOTWITHSTANDING THE
    9  FOREGOING, ANY AUTHORIZED ISSUER MAY ISSUE REVENUE BONDS FOR ANY AUTHOR-
   10  IZED PURPOSE. THE AUTHORIZED ISSUERS SHALL NOT ISSUE ANY  REVENUE  BONDS
   11  IN  AN  AMOUNT IN EXCESS OF STATUTORY AUTHORIZATIONS FOR SUCH AUTHORIZED
   12  PURPOSES. AUTHORIZATIONS FOR SUCH AUTHORIZED PURPOSES SHALL  BE  REDUCED
   13  IN  AN  AMOUNT  EQUAL  TO  THE  AMOUNT  OF REVENUE BONDS ISSUED FOR SUCH
   14  AUTHORIZED PURPOSES UNDER THIS ARTICLE. SUCH REDUCTION SHALL NOT BE MADE
   15  IN RELATION TO REVENUE BONDS ISSUED TO FUND RESERVE FUNDS, IF  ANY,  AND
   16  COSTS OF ISSUANCE, IF THESE ITEMS ARE NOT COUNTED UNDER EXISTING AUTHOR-
   17  IZATIONS,  NOR  SHALL  REVENUE BONDS ISSUED TO REFUND BONDS ISSUED UNDER
   18  EXISTING AUTHORIZATIONS REDUCE THE AMOUNT OF SUCH  AUTHORIZATIONS.
   19    9. EXCEPT UPON THE AMENDMENT OF THE NEW YORK STATE CONSTITUTION ALLOW-
   20  ING THE ISSUANCE OR ASSUMPTION OF  BONDS,  NOTES  OR  OTHER  OBLIGATIONS
   21  SECURED  BY  REVENUES,  WHICH  MAY INCLUDE THE REVENUES SECURING REVENUE
   22  BONDS OF AUTHORIZED ISSUERS, AND  THE  AFFIRMATIVE  ASSUMPTION  OF  SUCH
   23  BONDS, NOTES OR OTHER OBLIGATIONS BY THE STATE, THE REVENUE BONDS OF THE
   24  AUTHORIZED ISSUERS AUTHORIZED BY THIS SECTION SHALL NOT BE A DEBT OF THE
   25  STATE AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYA-
   26  BLE  OUT OF ANY FUNDS OTHER THAN THOSE OF THE AUTHORIZED ISSUERS PLEDGED
   27  THEREFOR; AND SUCH REVENUE BONDS SHALL CONTAIN ON  THE  FACE  THEREOF  A
   28  STATEMENT  TO  SUCH  EFFECT. IN ADDITION, ANY AGREEMENTS ENTERED INTO BY
   29  ANY ENTITY PURSUANT TO SECTIONS SIXTY-NINE-O AND  NINETY-TWO-H  OF  THIS
   30  CHAPTER  ON  BEHALF  OF THE STATE TO EFFECT THE IMPLEMENTATION OF ANY OF
   31  THE ACTIVITIES FINANCED IN WHOLE OR IN PART WITH PROCEEDS OF  THE  OBLI-
   32  GATIONS  OF  THE  AUTHORIZED  ISSUERS  AUTHORIZED IN THIS SECTION DO NOT
   33  CONSTITUTE OR CREATE A DEBT OF THE STATE, NOR A  CONTRACTUAL  OBLIGATION
   34  IN  EXCESS  OF  THE  AMOUNTS  APPROPRIATED THEREFOR AND THE STATE HAS NO
   35  CONTINUING LEGAL OR MORAL OBLIGATION TO APPROPRIATE MONEY  FOR  PAYMENTS
   36  DUE UNDER ANY SUCH AGREEMENT.
   37    10.  NOTHING IN THIS ARTICLE SHALL AFFECT THE AUTHORITY OF EACH OF THE
   38  AUTHORIZED ISSUERS TO ISSUE  OR  INCUR  INDEBTEDNESS  FOR  ANY  PURPOSES
   39  OTHERWISE  AUTHORIZED BY LAW AND NOTHING IN THIS ARTICLE SHALL BE DEEMED
   40  TO ALTER OR AFFECT THE RIGHTS OF OUTSTANDING BONDHOLDERS OR  NOTEHOLDERS
   41  OF ANY AUTHORIZED ISSUER.
   42    11.  THE AUTHORIZATION, SALE AND ISSUANCE OF REVENUE BONDS PURSUANT TO
   43  THIS  SECTION  SHALL  NOT BE DEEMED AN ACTION AS SUCH TERM IS DEFINED IN
   44  ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW FOR THE PURPOSES  OF
   45  SUCH  ARTICLE.  SUCH EXEMPTION SHALL BE STRICTLY LIMITED IN ITS APPLICA-
   46  TION TO SUCH FINANCING ACTIVITIES OF THE  AUTHORIZED  ISSUERS  HEREUNDER
   47  AND DOES NOT EXEMPT ANY OTHER ENTITY FROM COMPLIANCE WITH  SUCH ARTICLE.
   48    S  69-O.  PAYMENTS TO AUTHORIZED ISSUERS. 1. THE STATE, ACTING THROUGH
   49  THE DIRECTOR OF THE BUDGET,  AND  AUTHORIZED  ISSUERS  MAY  ENTER  INTO,
   50  AMEND, MODIFY OR RESCIND ONE OR MORE FINANCING  AGREEMENTS PROVIDING FOR
   51  THE  SPECIFIC  MANNER,  TIMING,  AND AMOUNT OF PAYMENTS TO BE MADE UNDER
   52  THIS SECTION, BUT ONLY IN CONFORMITY WITH THIS SECTION.
   53    2. NO LATER THAN OCTOBER FIRST OF EACH  YEAR,  THE  AUTHORITY  ISSUERS
   54  SHALL  CERTIFY  TO  THE  DIRECTOR  OF  THE  BUDGET  THE ANTICIPATED CASH
   55  REQUIREMENTS RELATED TO REVENUE BONDS DURING THE SUBSEQUENT STATE FISCAL
   56  YEAR IN SUCH DETAIL AS THE DIRECTOR MAY REQUIRE.
       S. 2607--D                         216                        A. 3007--D

    1    3. UPON RECEIPT OF A VOUCHER FROM  ANY  AUTHORIZED  ISSUER  REQUESTING
    2  PAYMENT  FOR  SUCH  AMOUNT  OR  AMOUNTS CERTIFIED BY THE DIRECTOR OF THE
    3  BUDGET PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION  NINETY-
    4  TWO-H  OF  THIS  CHAPTER, THE STATE COMPTROLLER SHALL PAY SUCH AMOUNT OR
    5  AMOUNTS TO BE AUTHORIZED ISSUER FROM APPROPRIATIONS FOR SUCH PURPOSE.
    6    4.  THE  AGREEMENT  OF  THE  STATE  CONTAINED IN THIS SECTION SHALL BE
    7  DEEMED EXECUTORY ONLY TO THE  EXTENT  OF  APPROPRIATIONS  AVAILABLE  FOR
    8  PAYMENTS  UNDER  THIS  SECTION,  AND NO LIABILITY ON ACCOUNT OF ANY SUCH
    9  PAYMENT SHALL BE INCURRED BY THE STATE BEYOND SUCH APPROPRIATIONS.
   10    5. NOTHING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO  RESTRICT  THE
   11  RIGHT  OF THE STATE TO AMEND, REPEAL, MODIFY OR OTHERWISE ALTER STATUTES
   12  IMPOSING OR RELATING TO THE TAXES IMPOSED  PURSUANT  TO  SECTION  ELEVEN
   13  HUNDRED  FIVE AND SECTION ELEVEN HUNDRED TEN OF THE TAX LAW. THE AUTHOR-
   14  IZED ISSUERS SHALL NOT INCLUDE WITHIN ANY RESOLUTION, CONTRACT OR AGREE-
   15  MENT WITH HOLDERS OF THE REVENUE BONDS ISSUED  UNDER  THIS  ARTICLE  ANY
   16  PROVISION  WHICH PROVIDES THAT A DEFAULT OCCURS AS A RESULT OF THE STATE
   17  EXERCISING ITS RIGHT TO AMEND, REPEAL, MODIFY  OR  OTHERWISE  ALTER  THE
   18  TAXES IMPOSED PURSUANT TO SECTION ELEVEN HUNDRED FIVE AND SECTION ELEVEN
   19  HUNDRED TEN OF THE TAX LAW.
   20    6.  ANY  RESOLUTION OR OTHER AGREEMENT AUTHORIZING REVENUE BONDS UNDER
   21  THIS ARTICLE SHALL RESERVE THE RIGHT OF THE STATE, UPON AMENDMENT OF THE
   22  NEW YORK STATE CONSTITUTION  ALLOWING  THE  ISSUANCE  OR  ASSUMPTION  OF
   23  BONDS, NOTES OR OTHER OBLIGATIONS SECURED BY REVENUES, WHICH MAY INCLUDE
   24  THE REVENUES SECURING REVENUE BONDS OF AUTHORIZED ISSUERS (A) TO ASSUME,
   25  IN  WHOLE  OR  IN  PART, REVENUE BONDS OF THE AUTHORIZED ISSUERS, (B) TO
   26  EXTINGUISH THE EXISTING LIEN OF SUCH RESOLUTION, OR OTHER AGREEMENT  AND
   27  (C)  TO  SUBSTITUTE  SECURITY  FOR  THE  REVENUE BONDS OF THE AUTHORIZED
   28  ISSUERS, IN EACH CASE ONLY SO LONG AS SUCH ASSUMPTION, EXTINGUISHMENT OR
   29  SUBSTITUTION IS DONE IN ACCORDANCE WITH SUCH RESOLUTION OR OTHER  AGREE-
   30  MENT.
   31    S 59. Subdivision 8 of section 97-f of the state finance law, as added
   32  by section 56-b of part PP of chapter 56 of the laws of 2009, is amended
   33  to read as follows:
   34    8.  In addition to the amounts required to be maintained on deposit in
   35  the mental health services fund pursuant to  subdivision  five  of  this
   36  section,  the fund shall maintain on deposit an amount equal to the debt
   37  service and other cash requirements on mental health services facilities
   38  bonds issued by [the dormitory authority] AUTHORIZED ISSUERS pursuant to
   39  [section] SECTIONS sixty-eight-b AND SIXTY-NINE-N of this  chapter.  The
   40  amount  required  to  be  maintained  in  such  fund shall be (i) twenty
   41  percent of the amount of the next payment coming due relating to  mental
   42  health  services  facilities bonds issued by an authorized issuer multi-
   43  plied by the number of months from the date of  the  last  such  payment
   44  with  respect  to  payments required to be made semi-annually, plus (ii)
   45  those amounts specified in any financing agreement  between  the  issuer
   46  and  the  state, acting through the director of the budget, with respect
   47  to payments required to be made other than semi-annually, including  for
   48  variable  rate  bonds,  interest  rate exchange or similar agreements or
   49  other financing arrangements permitted by law.  Prior to making any such
   50  payment, the comptroller shall make and deliver to the director  of  the
   51  budget  and  the  chairmen of the facilities development corporation and
   52  the New York state medical care facilities finance agency, a certificate
   53  stating the aggregate amount to be maintained on deposit in  the  mental
   54  health  services  fund  to  comply  in  full with the provisions of this
   55  subdivision.
       S. 2607--D                         217                        A. 3007--D

    1    No later than five days prior to the payment to be made by  the  state
    2  comptroller  on such mental health services facilities bonds pursuant to
    3  [section] SECTIONS ninety-two-z AND NINETY-TWO-H of  this  article,  the
    4  amount  of  such  payment  shall be transferred by the state comptroller
    5  from the mental health services fund to the revenue bond tax fund estab-
    6  lished  by  section  ninety-two-z  of  this article. The accumulation of
    7  moneys pursuant to this  subdivision  and  subsequent  transfer  to  the
    8  revenue  bond  tax fund shall be subordinate in all respects to payments
    9  to be made to the New York state medical care facilities finance  agency
   10  and  to  any  pledge  or  assignment pursuant to subdivision six of this
   11  section.
   12    S 60. Paragraph a of subdivision  5  of  section  89-b  of  the  state
   13  finance law, as amended by section 1 of part B of chapter 84 of the laws
   14  of 2002, is amended to read as follows:
   15    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
   16  following appropriation by the legislature, be  utilized  for:    recon-
   17  struction,  replacement, reconditioning, restoration, rehabilitation and
   18  preservation of state, county, town, city and village  roads,  highways,
   19  parkways,  and  bridges  thereon,  to  restore  such facilities to their
   20  intended  functions;  construction,  reconstruction,   enhancement   and
   21  improvement  of  state, county, town, city, and village roads, highways,
   22  parkways, and bridges thereon, to address current and projected capacity
   23  problems including costs for  traffic  mitigation  activities;  aviation
   24  projects authorized pursuant to section fourteen-j of the transportation
   25  law  and  for payments to the general debt service fund of amounts equal
   26  to amounts required for service contract payments  related  to  aviation
   27  projects  as provided and authorized by section three hundred eighty-six
   28  of the public authorities law; programs to assist small and minority and
   29  women-owned firms engaged  in  transportation  construction  and  recon-
   30  struction  projects,  including  a  revolving  fund  for working capital
   31  loans, and a bonding guarantee assistance  program  in  accordance  with
   32  provisions of this chapter; matching federal grants or apportionments to
   33  the state for highway, parkway and bridge capital projects; the acquisi-
   34  tion  of  real property and interests therein required or expected to be
   35  required in connection with such projects; preventive maintenance activ-
   36  ities necessary to ensure that highways, parkways and  bridges  meet  or
   37  exceed their optimum useful life; expenses of control of snow and ice on
   38  state  highways  by  the  department of transportation including but not
   39  limited to personal services, nonpersonal services and fringe  benefits,
   40  payment  of  emergency aid for control of snow and ice in municipalities
   41  pursuant to section fifty-five of the highway law, expenses  of  control
   42  of  snow and ice on state highways by municipalities pursuant to section
   43  twelve of the highway law, and  for  expenses  of  arterial  maintenance
   44  agreements  with  cities pursuant to section three hundred forty-nine of
   45  the highway law; personal services  and  fringe  benefit  costs  of  the
   46  department of transportation for bus safety inspection activities; costs
   47  of  the  department  of  motor  vehicles,  including  but not limited to
   48  personal and nonpersonal services; costs of engineering and  administra-
   49  tive  services  of  the  department of transportation, including but not
   50  limited to fringe benefits; the contract services  provided  by  private
   51  firms  in  accordance  with  section fourteen of the transportation law;
   52  personal services and nonpersonal services, for activities including but
   53  not limited to the preparation of  designs,  plans,  specifications  and
   54  estimates;  construction management and supervision activities; costs of
   55  appraisals, surveys, testing and  environmental  impact  statements  for
   56  transportation  projects;  expenses in connection with buildings, equip-
       S. 2607--D                         218                        A. 3007--D

    1  ment, materials and facilities used or useful  in  connection  with  the
    2  maintenance,  operation,  and  repair  of highways, parkways and bridges
    3  thereon; and project costs for: construction,  reconstruction,  improve-
    4  ment,  reconditioning  and  preservation  of rail freight facilities and
    5  intercity rail passenger facilities and equipment; construction,  recon-
    6  struction, improvement, reconditioning and preservation of state, munic-
    7  ipal  and  privately owned ports; construction, reconstruction, improve-
    8  ment, reconditioning and preservation of municipal  airports;  privately
    9  owned airports and aviation capital facilities, excluding airports oper-
   10  ated  by the state or operated by a bi-state municipal corporate instru-
   11  mentality for which  federal  funding  is  not  available  provided  the
   12  project  is  consistent  with  an  approved  airport  layout  plan;  and
   13  construction,  reconstruction,  enhancement,  improvement,  replacement,
   14  reconditioning,  restoration,  rehabilitation and preservation of state,
   15  county, town, city and village roads, highways,  parkways  and  bridges;
   16  and  construction, reconstruction, improvement, reconditioning and pres-
   17  ervation of fixed ferry facilities  of  municipal  and  privately  owned
   18  ferry lines for transportation purposes, and the payment of debt service
   19  required  on  any bonds, notes or other obligations and related expenses
   20  for highway, parkway, bridge and project costs for: construction, recon-
   21  struction, improvement, reconditioning and preservation of rail  freight
   22  facilities  and  intercity  rail  passenger  facilities  and  equipment;
   23  construction, reconstruction, improvement, reconditioning and  preserva-
   24  tion of state, municipal and privately owned ports; construction, recon-
   25  struction,  improvement,  reconditioning  and  preservation of municipal
   26  airports; privately owned  airports  and  aviation  capital  facilities,
   27  excluding  airports  operated  by  the  state  or operated by a bi-state
   28  municipal corporate instrumentality for which  federal  funding  is  not
   29  available  provided  the  project is consistent with an approved airport
   30  layout plan;  construction,  reconstruction,  enhancement,  improvement,
   31  replacement,  reconditioning,  restoration, rehabilitation and preserva-
   32  tion of state, county, town, city and village roads, highways,  parkways
   33  and bridges; and construction, reconstruction, improvement, recondition-
   34  ing and preservation of fixed ferry facilities of municipal and private-
   35  ly owned ferry lines for transportation purposes, purposes authorized on
   36  or  after  the  effective date of this section. Beginning with disburse-
   37  ments made on and after the first day of April, nineteen  hundred  nine-
   38  ty-three,  moneys  in  such fund shall be available to pay such costs or
   39  expenses made pursuant to appropriations or reappropriations made during
   40  the state fiscal year which  began  on  the  first  of  April,  nineteen
   41  hundred  ninety-two.  Beginning the first day of April, nineteen hundred
   42  ninety-three, moneys in such fund shall  also  be  used  for  [payments]
   43  TRANSFERS to the general debt service fund AND THE REVENUE BOND TAX FUND
   44  of  amounts  equal  to  [amounts] THAT RESPECTIVELY required for service
   45  contract AND FINANCING AGREEMENT payments as provided and authorized  by
   46  section  three  hundred  eighty  of the public authorities law [and by],
   47  section eleven of chapter three hundred twenty-nine of the laws of nine-
   48  teen hundred ninety-one, as  amended,  AND  SECTIONS  SIXTY-EIGHT-C  AND
   49  SIXTY-NINE-O OF THIS CHAPTER.
   50    S  60-a.  Paragraph  a  of  subdivision 5 of section 89-b of the state
   51  finance law, as amended by section 1 of part D of  chapter  151  of  the
   52  laws of 2001, is amended to read as follows:
   53    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
   54  following appropriation by the legislature, be  utilized  for:    recon-
   55  struction,  replacement, reconditioning, restoration, rehabilitation and
   56  preservation of state, county, town, city and village  roads,  highways,
       S. 2607--D                         219                        A. 3007--D

    1  parkways,  and  bridges  thereon,  to  restore  such facilities to their
    2  intended  functions;  construction,  reconstruction,   enhancement   and
    3  improvement  of  state, county, town, city, and village roads, highways,
    4  parkways, and bridges thereon, to address current and projected capacity
    5  problems  including  costs  for  traffic mitigation activities; aviation
    6  projects authorized pursuant to section fourteen-j of the transportation
    7  law and for payments to the general debt service fund of  amounts  equal
    8  to  amounts  required  for service contract payments related to aviation
    9  projects as provided and authorized by section three hundred  eighty-six
   10  of the public authorities law; programs to assist small and minority and
   11  women-owned  firms  engaged  in  transportation  construction and recon-
   12  struction projects, including  a  revolving  fund  for  working  capital
   13  loans,  and  a  bonding  guarantee assistance program in accordance with
   14  provisions of this chapter; matching federal grants or apportionments to
   15  the state for highway, parkway and bridge capital projects; the acquisi-
   16  tion of real property and interests therein required or expected  to  be
   17  required in connection with such projects; preventive maintenance activ-
   18  ities  necessary  to  ensure that highways, parkways and bridges meet or
   19  exceed their optimum useful life; expenses of control of snow and ice on
   20  state highways by the department of  transportation  including  but  not
   21  limited  to personal services, nonpersonal services and fringe benefits,
   22  payment of emergency aid for control of snow and ice  in  municipalities
   23  pursuant  to  section fifty-five of the highway law, expenses of control
   24  of snow and ice on state highways by municipalities pursuant to  section
   25  twelve  of  the  highway  law,  and for expenses of arterial maintenance
   26  agreements with cities pursuant to section three hundred  forty-nine  of
   27  the  highway  law;  personal  services  and  fringe benefit costs of the
   28  department of transportation for bus safety inspection activities; costs
   29  of engineering and administrative services of the department  of  trans-
   30  portation,  including  but  not limited to fringe benefits; the contract
   31  services provided by private firms in accordance with  section  fourteen
   32  of  the  transportation law; personal services and nonpersonal services,
   33  for activities including but not limited to the preparation of  designs,
   34  plans,  specifications and estimates; construction management and super-
   35  vision activities; costs of appraisals, surveys,  testing  and  environ-
   36  mental  impact  statements  for  transportation  projects;  expenses  in
   37  connection with buildings, equipment, materials and facilities  used  or
   38  useful  in  connection  with  the  maintenance, operation, and repair of
   39  highways,  parkways  and  bridges  thereon;  and  project   costs   for:
   40  construction,  reconstruction, improvement, reconditioning and preserva-
   41  tion of rail freight facilities and intercity rail passenger  facilities
   42  and equipment; construction, reconstruction, improvement, reconditioning
   43  and   preservation  of  state,  municipal  and  privately  owned  ports;
   44  construction, reconstruction, improvement, reconditioning and  preserva-
   45  tion  of municipal airports; privately owned airports and aviation capi-
   46  tal facilities, excluding airports operated by the state or operated  by
   47  a bi-state municipal corporate instrumentality for which federal funding
   48  is  not  available  provided  the project is consistent with an approved
   49  airport layout  plan;  and  construction,  reconstruction,  enhancement,
   50  improvement,  replacement,  reconditioning,  restoration, rehabilitation
   51  and preservation of state, county, town, city and village  roads,  high-
   52  ways,  parkways  and bridges; and construction, reconstruction, improve-
   53  ment, reconditioning and  preservation  of  fixed  ferry  facilities  of
   54  municipal  and  privately owned ferry lines for transportation purposes,
   55  and the payment of debt service required on any bonds,  notes  or  other
   56  obligations  and  related  expenses  for  highway,  parkway,  bridge and
       S. 2607--D                         220                        A. 3007--D

    1  project costs for: construction, reconstruction,  improvement,  recondi-
    2  tioning  and  preservation of rail freight facilities and intercity rail
    3  passenger  facilities  and  equipment;   construction,   reconstruction,
    4  improvement,  reconditioning  and  preservation  of state, municipal and
    5  privately owned ports; construction, reconstruction, improvement, recon-
    6  ditioning  and  preservation  of  municipal  airports;  privately  owned
    7  airports and aviation capital facilities, excluding airports operated by
    8  the  state or operated by a bi-state municipal corporate instrumentality
    9  for which federal funding is  not  available  provided  the  project  is
   10  consistent  with  an  approved airport layout plan; construction, recon-
   11  struction, enhancement, improvement, replacement, reconditioning, resto-
   12  ration, rehabilitation and preservation of state, county, town, city and
   13  village roads, highways, parkways and bridges; and construction,  recon-
   14  struction,  improvement,  reconditioning and preservation of fixed ferry
   15  facilities of municipal and privately owned ferry lines for  transporta-
   16  tion  purposes,  purposes  authorized  on or after the effective date of
   17  this section. Beginning with disbursements made on and after  the  first
   18  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
   19  be available to pay such costs or expenses made  pursuant  to  appropri-
   20  ations or reappropriations made during the state fiscal year which began
   21  on  the first of April, nineteen hundred ninety-two. Beginning the first
   22  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
   23  also  be  used for [payments] TRANSFERS to the general debt service fund
   24  AND THE REVENUE BOND TAX FUND of amounts equal to [amounts] THAT RESPEC-
   25  TIVELY required for service contract AND FINANCING AGREEMENT payments as
   26  provided and authorized by section three hundred eighty  of  the  public
   27  authorities  law [and by], section eleven of chapter three hundred twen-
   28  ty-nine of the laws of nineteen  hundred  ninety-one,  as  amended,  AND
   29  SECTIONS SIXTY-EIGHT-C AND SIXTY-NINE-O OF THIS CHAPTER.
   30    S  61.  Subdivision  5  of  section  89-b  of the state finance law is
   31  amended by adding a new paragraph c to read as follows:
   32    C. IN ADDITION TO THE PURPOSES FOR WHICH MONEYS IN THE DEDICATED HIGH-
   33  WAY AND BRIDGE TRUST FUND CAN BE USED AS DESCRIBED IN  THIS  SUBSECTION,
   34  SUBJECT  TO APPROPRIATION, AFTER MEETING THE REQUIREMENTS OF SUBDIVISION
   35  THREE OF THIS SECTION, SUCH MONEYS SHALL BE USED  FOR  TRANSFER  TO  THE
   36  REVENUE  BOND  TAX  FUND, AS ESTABLISHED BY SECTION NINETY-TWO-Z OF THIS
   37  ARTICLE, IN AN AMOUNT EQUAL TO THAT  REQUIRED  FOR  FINANCING  AGREEMENT
   38  PAYMENTS  PAID  ON  BONDS  AUTHORIZED  PURSUANT TO SECTION THREE HUNDRED
   39  EIGHTY-FIVE OF THE  PUBLIC  AUTHORITIES  LAW,  AND  ISSUED  PURSUANT  TO
   40  SECTIONS SIXTY-EIGHT-B AND SIXTY-NINE-N OF THIS CHAPTER.
   41    S  62.  Subdivision  3  of  section  97-g of the state finance law, as
   42  amended by section 1 of subpart A of part C of chapter 97 of the laws of
   43  2011, is amended to read as follows:
   44    3. Moneys of the fund shall be available to the commissioner of gener-
   45  al services for the purchase of food, supplies and equipment  for  state
   46  agencies,  and  for  the  purpose of furnishing or providing centralized
   47  services to or for state agencies; provided  further  that  such  moneys
   48  shall  be available to the commissioner of general services for purposes
   49  pursuant to items (d) and (f) of subdivision four of this section to  or
   50  for  political subdivisions. Beginning the first day of April, two thou-
   51  sand two, moneys in such fund shall also be  transferred  by  the  state
   52  comptroller  to  the  revenue  bond tax fund account of the general debt
   53  service fund in amounts equal to those required for payments to  author-
   54  ized  issuers  for  revenue  bonds issued pursuant to article five-C AND
   55  ARTICLE FIVE-F of this chapter for the purpose of  lease  purchases  and
       S. 2607--D                         221                        A. 3007--D

    1  installment  purchases  by  or  for  state agencies and institutions for
    2  personal or real property purposes.
    3    S  63.  Subdivision  (j) of section 92-dd of the state finance law, as
    4  added by section 56 of part PP of chapter 56 of the  laws  of  2009,  is
    5  amended to read as follows:
    6    (j)  The state comptroller shall transfer from the HCRA resources fund
    7  to the general debt service fund, revenue bond tax fund (311.02) amounts
    8  equal to the debt service paid for bonds, notes,  or  other  obligations
    9  issued  PURSUANT TO ARTICLE FIVE-C AND ARTICLE FIVE-F OF THIS CHAPTER to
   10  finance the HEAL NY capital grant program authorized pursuant to section
   11  sixteen hundred eighty-j of the public authorities law.
   12    S 64. The state finance law is amended by adding a new section 93-a to
   13  read as follows:
   14    S 93-A. NEW YORK STATE STORM RECOVERY CAPITAL FUND.  1. (A)  THERE  IS
   15  HEREBY  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF THE COMPTROLLER AND THE
   16  COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
   17  "NEW YORK STATE STORM RECOVERY CAPITAL FUND".
   18    (B)  THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS COLLECTED THERE-
   19  FOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED  THERETO  FROM  ANY
   20  OTHER FUND OR SOURCE PURSUANT TO LAW, OR ANY OTHER MONEYS MADE AVAILABLE
   21  FOR  THE  PURPOSES OF THE FUND. ANY INTEREST RECEIVED BY THE COMPTROLLER
   22  ON MONEYS ON DEPOSIT SHALL BE RETAINED IN AND BECOME A PART OF THE FUND,
   23  UNLESS OTHERWISE DIRECTED BY LAW.
   24    2. FOLLOWING APPROPRIATION BY THE LEGISLATURE,  MONEYS  IN  THE  STORM
   25  RECOVERY CAPITAL FUND SHALL BE AVAILABLE TO FINANCE THE REPAIR, REHABIL-
   26  ITATION,  OR  REPLACEMENT OF CAPITAL WORKS OR PURPOSES DAMAGED BY HURRI-
   27  CANE SANDY OR ANY FUTURE NATURAL DISASTER EXPECTED TO  BE  ELIGIBLE  FOR
   28  REIMBURSEMENT  BY  THE  FEDERAL  EMERGENCY MANAGEMENT AGENCY (FEMA), THE
   29  FEDERAL TRANSIT ADMINISTRATION (FTA), THE FEDERAL HIGHWAY ADMINISTRATION
   30  (FHWA) AND ANY OTHER FEDERAL REIMBURSEMENT  SOURCE.  NO  MONEY  IN  THIS
   31  ACCOUNT MAY BE EXPENDED FOR ANY PROJECT UNTIL THE DIRECTOR OF THE BUDGET
   32  HAS  DETERMINED THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE COSTS OF
   33  SUCH PROJECT SHALL BE REIMBURSED BY FEDERAL SOURCES. THE DIRECTOR  SHALL
   34  ISSUE  FORMAL  RULES  THAT SET FORTH THE PROCESS BY WHICH HE OR SHE WILL
   35  DETERMINE WHETHER THERE IS A SUBSTANTIAL LIKELIHOOD OF REIMBURSEMENT  BY
   36  FEDERAL SOURCES.
   37    S  65.  Subdivision 1 of section 45 of section 1 of chapter 174 of the
   38  laws of 1968, constituting the New York state urban  development  corpo-
   39  ration act, as amended by section 49 of part U of chapter 59 of the laws
   40  of 2012, is amended to read as follows:
   41    1.  Notwithstanding  the  provisions of any other law to the contrary,
   42  the urban development corporation of the state of  New  York  is  hereby
   43  authorized to issue bonds or notes in one or more series for the purpose
   44  of funding project costs for the implementation of a NY-SUNY AND NY-CUNY
   45  2020  challenge  grant  program subject to the approval of a NY-SUNY AND
   46  NY-CUNY 2020 plan or plans by the governor and EITHER the chancellor  of
   47  the state university of New York OR THE CHANCELLOR OF THE CITY UNIVERSI-
   48  TY  OF NEW YORK, AS APPLICABLE.  The aggregate principal amount of bonds
   49  authorized to be issued  pursuant  to  this  section  shall  not  exceed
   50  [$110,000,000]  $220,000,000, excluding bonds issued to fund one or more
   51  debt service reserve funds, to pay costs of issuance of such bonds,  and
   52  bonds  or  notes issued to refund or otherwise repay such bonds or notes
   53  previously issued. Such bonds and notes of the corporation shall not  be
   54  a  debt  of  the  state,  and the state shall not be liable thereon, nor
   55  shall they be payable out of any funds other than those appropriated  by
   56  the  state  to  the  corporation  for  principal,  interest, and related
       S. 2607--D                         222                        A. 3007--D

    1  expenses pursuant to a service contract and such bonds and  notes  shall
    2  contain  on  the  face  thereof  a  statement to such effect. Except for
    3  purposes of complying with  the  internal  revenue  code,  any  interest
    4  income earned on bond proceeds shall only be used to pay debt service on
    5  such bonds.
    6    S  65-a.  Section  16  of chapter 260 of the laws of 2011 amending the
    7  education law and the New York state urban development corporation  act,
    8  relating  to establishing components of the NY-SUNY 2020 challenge grant
    9  program, is amended to read as follows:
   10    S 16. This act shall take effect July 1,  2011  [and];  PROVIDED  THAT
   11  SECTIONS  ONE,  TWO,  THREE,  FOUR, FIVE, SIX, EIGHT, NINE, TEN, ELEVEN,
   12  TWELVE, THIRTEEN, FOURTEEN AND FIFTEEN OF THIS ACT shall expire 5  years
   13  after such effective date when upon such date the provisions of this act
   14  shall be deemed repealed.
   15    S  66. Subdivision 10-a of section 1680 of the public authorities law,
   16  as amended by section 51 of part U of chapter 59 of the laws of 2012, is
   17  amended to read as follows:
   18    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
   19  two  thousand, but notwithstanding any other provision of the law to the
   20  contrary, the maximum amount of bonds and notes to be issued after March
   21  thirty-first, two thousand two, on behalf of the state, in  relation  to
   22  any  locally  sponsored community college, shall be six hundred [twenty-
   23  three] SIXTY-THREE million dollars. Such amount shall  be  exclusive  of
   24  bonds and notes issued to fund any reserve fund or funds, costs of issu-
   25  ance  and to refund any outstanding bonds and notes, issued on behalf of
   26  the state, relating to a locally sponsored community college.
   27    S 67. Paragraph (c) of subdivision 14 of section 1680  of  the  public
   28  authorities  law,  as  amended by section 39 of part PP of chapter 56 of
   29  the laws of 2009, is amended to read as follows:
   30    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   31  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
   32  bonds for city university community college facilities, except to refund
   33  or  to  be substituted for or in lieu of other bonds in relation to city
   34  university community college facilities pursuant to a resolution of  the
   35  dormitory  authority adopted before July first, nineteen hundred eighty-
   36  five or any resolution supplemental thereto, if the principal amount  of
   37  bonds  so  to  be  issued  when  added to all principal amounts of bonds
   38  previously issued by the dormitory authority for city university  commu-
   39  nity  college  facilities, except to refund or to be substituted in lieu
   40  of other bonds in relation to city university community college  facili-
   41  ties will exceed the sum of four hundred twenty-five million dollars and
   42  (ii)  the dormitory authority shall not deliver a series of bonds issued
   43  for city university facilities, including community college  facilities,
   44  pursuant  to a resolution of the dormitory authority adopted on or after
   45  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
   46  substituted for or in lieu of other bonds in relation to city university
   47  facilities  and except for bonds issued pursuant to a resolution supple-
   48  mental to a resolution of the dormitory authority adopted prior to  July
   49  first, nineteen hundred eighty-five, if the principal amount of bonds so
   50  to  be  issued  when  added  to the principal amount of bonds previously
   51  issued pursuant to any such resolution, except bonds issued to refund or
   52  to be substituted for or in lieu of other  bonds  in  relation  to  city
   53  university  facilities,  will  exceed  six billion eight hundred [forty-
   54  three] FIFTY-THREE million two hundred thousand dollars.   The  legisla-
   55  ture  reserves the right to amend or repeal such limit, and the state of
   56  New York, the dormitory authority, the city university, and the fund are
       S. 2607--D                         223                        A. 3007--D

    1  prohibited from covenanting or making any other agreements with  or  for
    2  the benefit of bondholders which might in any way affect such right.
    3    S  68.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    4  laws of 2002, providing for the  administration  of  certain  funds  and
    5  accounts  related  to  the 2002-2003 budget, as amended by section 40 of
    6  part BB of chapter 58 of the  laws  of  2011,  is  amended  to  read  as
    7  follows:
    8    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    9  notwithstanding the provisions of section 18 of  the  urban  development
   10  corporation  act, the corporation is hereby authorized to issue bonds or
   11  notes in one or more series in an  aggregate  principal  amount  not  to
   12  exceed  $67,000,000  excluding  bonds  issued  to  fund one or more debt
   13  service reserve funds, to pay costs of issuance of such bonds, and bonds
   14  or notes issued to refund or otherwise repay such bonds or notes  previ-
   15  ously  issued,  for  the  purpose  of financing capital costs related to
   16  homeland security and training facilities  for  the  division  of  state
   17  police,  the division of military and naval affairs, and any other state
   18  agency, including the reimbursement of any disbursements made  from  the
   19  state  capital projects fund, and is hereby authorized to issue bonds or
   20  notes in one or more series in an  aggregate  principal  amount  not  to
   21  exceed  [$205,800,000]  $220,800,000, excluding bonds issued to fund one
   22  or more debt service reserve funds, to pay costs  of  issuance  of  such
   23  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   24  or notes previously issued, for the purpose of financing improvements to
   25  State office buildings and other facilities located statewide, including
   26  the  reimbursement  of  any  disbursements  made  from the state capital
   27  projects fund. Such bonds and notes of the corporation shall  not  be  a
   28  debt  of the state, and the state shall not be liable thereon, nor shall
   29  they be payable out of any funds other than those  appropriated  by  the
   30  state  to the corporation for debt service and related expenses pursuant
   31  to any service contracts executed pursuant to subdivision  (b)  of  this
   32  section,  and  such  bonds and notes shall contain on the face thereof a
   33  statement to such effect.
   34    S 69. The section heading and subdivision 1 of section  386-b  of  the
   35  public  authorities  law, as added by section 48 of part U of chapter 59
   36  of the laws of 2012, is amended to read as follows:
   37    Financing of peace bridge  AND  TRANSPORTATION  CAPITAL  projects.  1.
   38  Notwithstanding any other provision of law to the contrary, the authori-
   39  ty,  the  dormitory  authority and the urban development corporation are
   40  hereby authorized to issue bonds or notes in one or more series for  the
   41  purpose  of  financing  peace bridge projects AND CAPITAL COSTS OF STATE
   42  AND LOCAL HIGHWAYS, PARKWAYS, BRIDGES, THE NEW YORK STATE THRUWAY, INDI-
   43  AN RESERVATION ROADS, AND FACILITIES, AND TRANSPORTATION  INFRASTRUCTURE
   44  PROJECTS INCLUDING AVIATION PROJECTS, NON-MTA MASS TRANSIT PROJECTS, AND
   45  RAIL  SERVICE  PRESERVATION  PROJECTS,  INCLUDING  WORK  APPURTENANT AND
   46  ANCILLARY THERETO.  The aggregate principal amount of  bonds  authorized
   47  to  be  issued  pursuant  to this section shall not exceed [fifteen] TWO
   48  HUNDRED FORTY million dollars [($15,000,000)] ($240,000,000),  excluding
   49  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
   50  costs of issuance of such bonds, and to refund or otherwise  repay  such
   51  bonds or notes previously issued. Such bonds and notes of the authority,
   52  the  dormitory authority and the urban development corporation shall not
   53  be a debt of the state, and the state shall not be liable  thereon,  nor
   54  shall  they be payable out of any funds other than those appropriated by
   55  the state to the authority, the dormitory authority and the urban devel-
   56  opment corporation for principal, interest, and related expenses  pursu-
       S. 2607--D                         224                        A. 3007--D

    1  ant  to a service contract and such bonds and notes shall contain on the
    2  face thereof a statement to such effect. Except for purposes of  comply-
    3  ing  with  the internal revenue code, any interest income earned on bond
    4  proceeds shall only be used to pay debt service on such bonds.
    5    S  69-a. Paragraph (c) of subdivision 19 of section 1680 of the public
    6  authorities law, as amended by section 52 of part U of chapter 59 of the
    7  laws of 2012, is amended to read as follows:
    8    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    9  thousand, the dormitory authority shall not issue any  bonds  for  state
   10  university  educational  facilities  purposes if the principal amount of
   11  bonds to be issued when added to the aggregate principal amount of bonds
   12  issued by the dormitory authority on  and  after  July  first,  nineteen
   13  hundred  eighty-eight  for  state university educational facilities will
   14  exceed ten  billion  [three]  FOUR  hundred  [four]  TWENTY-TWO  million
   15  dollars;  provided,  however, that bonds issued or to be issued shall be
   16  excluded from such limitation if: (1) such bonds are  issued  to  refund
   17  state  university  construction  bonds and state university construction
   18  notes previously issued by the housing finance agency; or (2) such bonds
   19  are issued to refund bonds of the authority or other obligations  issued
   20  for  state  university  educational  facilities purposes and the present
   21  value of the aggregate debt service on  the  refunding  bonds  does  not
   22  exceed  the  present  value  of  the aggregate debt service on the bonds
   23  refunded thereby; provided,  further  that  upon  certification  by  the
   24  director  of  the  budget  that the issuance of refunding bonds or other
   25  obligations issued between April first, nineteen hundred ninety-two  and
   26  March  thirty-first,  nineteen  hundred  ninety-three will generate long
   27  term economic benefits to the state, as  assessed  on  a  present  value
   28  basis,  such  issuance will be deemed to have met the present value test
   29  noted above. For purposes of this subdivision, the present value of  the
   30  aggregate  debt  service  of  the refunding bonds and the aggregate debt
   31  service of the bonds refunded, shall be calculated by utilizing the true
   32  interest cost of the refunding bonds, which shall be that  rate  arrived
   33  at  by doubling the semi-annual interest rate (compounded semi-annually)
   34  necessary to discount the debt service payments on the  refunding  bonds
   35  from  the  payment  dates  thereof to the date of issue of the refunding
   36  bonds to the purchase price of the refunding bonds,  including  interest
   37  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
   38  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
   39  exceed  the  weighted  average  economic life, as certified by the state
   40  university construction fund, of the facilities in connection with which
   41  the bonds are issued, and in any case not  later  than  the  earlier  of
   42  thirty  years  or  the  expiration of the term of any lease, sublease or
   43  other agreement relating  thereto;  provided  that  no  note,  including
   44  renewals  thereof,  shall mature later than five years after the date of
   45  issuance of such note. The legislature reserves the right  to  amend  or
   46  repeal  such  limit, and the state of New York, the dormitory authority,
   47  the state university of New York, and the state university  construction
   48  fund are prohibited from covenanting or making any other agreements with
   49  or  for  the  benefit  of bondholders which might in any way affect such
   50  right.
   51    S 69-b. Section 1 of chapter 174 of the laws of 1968, constituting the
   52  New York state urban development corporation act, is amended by adding a
   53  new section 48 to read as follows:
   54    S 48. AUTHORIZATION  FOR  TRANSPORTATION  INFRASTRUCTURE  FINANCE  AND
   55  INNOVATION ACT LOANS. 1. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER
   56  LAW  TO  THE  CONTRARY,  EACH OF THE AUTHORIZED ISSUERS, AS SUCH TERM IS
       S. 2607--D                         225                        A. 3007--D

    1  DEFINED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION 1 OF  SECTION  68-A  OF
    2  THE  STATE  FINANCE  LAW, ARE HEREBY AUTHORIZED TO ACCEPT TRANSPORTATION
    3  INFRASTRUCTURE FINANCE AND INNOVATION ACT (TIFIA) LOANS FROM THE  UNITED
    4  STATES  OF AMERICA, SUBJECT TO ANY APPLICABLE AGREEMENT WITH BONDHOLDERS
    5  OR NOTEHOLDERS,  TO  ENTER  INTO  CONTRACTS,  SECURED  LOAN  AGREEMENTS,
    6  SERVICE  AGREEMENTS  OR  REPAYMENT AGREEMENTS AND TO EXECUTE ALL INSTRU-
    7  MENTS  NECESSARY,  CONVENIENT  OR  DESIRABLE  IN  CONNECTION  THEREWITH,
    8  INCLUDING,  ITS  BONDS,  NOTES  OR OTHER OBLIGATIONS EVIDENCING ANY SUCH
    9  LOAN FROM THE UNITED STATES OF AMERICA, AND  TO  PLEDGE  AND  ASSIGN  AS
   10  SECURITY  FOR  ANY  SUCH  GRANTS OR LOANS, BONDS OR NOTES ISSUED BY SUCH
   11  AUTHORIZED  ISSUER  OR  PAYMENTS  DUE  TO  SUCH  AUTHORIZED  ISSUER   IN
   12  CONNECTION  THEREWITH OR REVENUES OF SUCH AUTHORIZED ISSUER, AS APPLICA-
   13  BLE. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED  BY
   14  THE  AUTHORIZED  ISSUERS PURSUANT TO THIS SECTION SHALL NOT EXCEED SEVEN
   15  HUNDRED FIFTY MILLION DOLLARS, EXCLUDING BONDS ISSUED  TO  FUND  ONE  OR
   16  MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS,
   17  AND  BONDS,  NOTES,  OR  OTHER OBLIGATIONS ISSUED TO REFUND OR OTHERWISE
   18  REPAY SUCH BONDS, NOTES, OR OTHER OBLIGATIONS PREVIOUSLY ISSUED. IF SUCH
   19  BONDS, NOTES, OR OTHER OBLIGATIONS ARE SECURED  BY  A  SERVICE  CONTRACT
   20  WITH  THE  STATE OF NEW YORK, SUCH BONDS, NOTES, OR OTHER OBLIGATIONS OF
   21  THE AUTHORIZED ISSUERS SHALL NOT BE A DEBT OF THE STATE, AND  THE  STATE
   22  SHALL  NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS
   23  OTHER THAN THOSE APPROPRIATED BY THE STATE TO THE AUTHORIZED ISSUERS FOR
   24  PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT
   25  AND SUCH BONDS, NOTES, AND OTHER OBLIGATIONS SHALL CONTAIN ON  THE  FACE
   26  THEREOF  A  STATEMENT  TO  SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
   27  WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  BOND
   28  PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
   29    (B)  ANY  BONDS,  NOTES,  OR OTHER OBLIGATIONS ISSUED PURSUANT TO THIS
   30  SECTION SHALL (I) BE IN  FURTHERANCE  OF  CAPITAL  PROJECTS  AND  PUBLIC
   31  PURPOSES  CONSISTENT  WITH  THE  OBJECTIVES  OF THE TIFIA LOANS FROM THE
   32  UNITED STATES OF AMERICA, AND (II) ANY SUCH FINANCINGS SHALL  PROVIDE  A
   33  DEMONSTRABLE BENEFIT TO THE STATE OF NEW YORK AND THE AUTHORIZED ISSUERS
   34  THROUGH  A  LOWER COST OF FINANCING THAN COULD OTHERWISE BE ACHIEVED, AS
   35  EVIDENCED BY A REPORT FROM AN INDEPENDENT FINANCIAL ADVISOR.
   36    2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, IN
   37  ORDER TO ASSIST THE AUTHORIZED ISSUERS IN UNDERTAKING  THE  TIFIA  LOANS
   38  FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK, ACTING THROUGH
   39  THE  DIRECTOR  OF  THE BUDGET, IS HEREBY AUTHORIZED TO ENTER INTO ONE OR
   40  MORE SERVICE CONTRACTS WITH THE AUTHORIZED ISSUERS UPON SUCH  TERMS  AND
   41  CONDITIONS  AS  THE  DIRECTOR  OF  THE BUDGET AND THE AUTHORIZED ISSUERS
   42  AGREE, SO AS TO ANNUALLY PROVIDE  TO  THE  AUTHORIZED  ISSUERS,  IN  THE
   43  AGGREGATE,  A  SUM  NOT  TO  EXCEED THE PRINCIPAL, INTEREST, AND RELATED
   44  EXPENSES REQUIRED FOR SUCH BONDS,  NOTES,  AND  OTHER  OBLIGATIONS.  ANY
   45  SERVICE  CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE
   46  THAT THE OBLIGATION OF THE STATE TO  PAY  THE  AMOUNT  THEREIN  PROVIDED
   47  SHALL  NOT  CONSTITUTE  A  DEBT  OF  THE STATE WITHIN THE MEANING OF ANY
   48  CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY
   49  TO THE EXTENT OF  MONIES  AVAILABLE  AND  THAT  NO  LIABILITY  SHALL  BE
   50  INCURRED  BY  THE  STATE  BEYOND  THE MONIES AVAILABLE FOR SUCH PURPOSE,
   51  SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
   52  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED  AND  PLEDGED
   53  BY  THE AUTHORIZED ISSUERS AS SECURITY FOR THEIR BONDS, NOTES, AND OTHER
   54  OBLIGATIONS AS AUTHORIZED BY THIS SECTION.
   55    3. THE STATE COMPTROLLER IS HEREBY  AUTHORIZED  TO  RECEIVE  FROM  THE
   56  AUTHORIZED  ISSUERS TIFIA LOAN PROCEEDS FROM THE UNITED STATES OF AMERI-
       S. 2607--D                         226                        A. 3007--D

    1  CA, TO REIMBURSE THE STATE FOR COSTS ASSOCIATED  WITH  CAPITAL  PROJECTS
    2  RELATED  THERETO AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND
    3  OR ANY OTHER APPROPRIATE FUND.
    4    4.  PRIOR  TO  SUBMITTING  A  LETTER  OF INTEREST TO THE UNITED STATES
    5  DEPARTMENT OF TRANSPORTATION FOR A TIFIA LOAN, THE DIRECTOR OF THE BUDG-
    6  ET SHALL SUBMIT A REPORT FROM AN INDEPENDENT FINANCIAL  ADVISOR  TO  THE
    7  SPEAKER  OF  THE  ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
    8  CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
    9  AND MEANS COMMITTEE EVIDENCING A DEMONSTRABLE BENEFIT TO  THE  STATE  OF
   10  NEW  YORK  THROUGH  A  LOWER  COST  OF FINANCING THAN COULD OTHERWISE BE
   11  ACHIEVED.
   12    S 69-c. Section 1 of chapter 174 of the laws of 1968, constituting the
   13  New York state urban development corporation act, is amended by adding a
   14  new section 49 to read as follows:
   15    S 49. 1. NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW  TO  THE
   16  CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
   17  IZED  TO  ISSUE  BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
   18  FUNDING PROJECT COSTS FOR THE STATE AND MUNICIPAL FACILITIES PROGRAM AND
   19  OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.  THE  AGGREGATE
   20  PRINCIPAL  AMOUNT  OF  BONDS  AUTHORIZED  TO  BE ISSUED PURSUANT TO THIS
   21  SECTION SHALL NOT EXCEED  THREE  HUNDRED  EIGHTY-FIVE  MILLION  DOLLARS,
   22  EXCLUDING  BONDS  ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS,
   23  TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS  OR  NOTES  ISSUED  TO
   24  REFUND  OR  OTHERWISE  REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   25  BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT
   26  BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE  THEREON,  NOR
   27  SHALL  THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY
   28  THE STATE TO THE DORMITORY AUTHORITY AND THE CORPORATION FOR  PRINCIPAL,
   29  INTEREST,  AND  RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH
   30  BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A  STATEMENT  TO  SUCH
   31  EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE,
   32  ANY  INTEREST  INCOME  EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY
   33  DEBT SERVICE ON SUCH BONDS.
   34    2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
   35  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
   36  ING  THE FINANCING FOR PROJECT COSTS FOR THE STATE AND MUNICIPAL FACILI-
   37  TIES  PROGRAM  AND  OTHER  STATE  COSTS  ASSOCIATED  WITH  SUCH  CAPITAL
   38  PROJECTS,  THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
   39  ONE OR MORE SERVICE CONTRACTS  WITH  THE  DORMITORY  AUTHORITY  AND  THE
   40  CORPORATION,  NONE  OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON
   41  SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITO-
   42  RY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE
   43  DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT  TO
   44  EXCEED  THE  PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH
   45  BONDS AND NOTES. ANY SERVICE CONTRACT  ENTERED  INTO  PURSUANT  TO  THIS
   46  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
   47  THEREIN  PROVIDED  SHALL  NOT  CONSTITUTE A DEBT OF THE STATE WITHIN THE
   48  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
   49  EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT  NO  LIABILITY
   50  SHALL  BE  INCURRED  BY  THE  STATE BEYOND THE MONIES AVAILABLE FOR SUCH
   51  PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE  LEGISLATURE.  ANY  SUCH
   52  CONTRACT  OR  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
   53  AND PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPORATION  AS  SECURITY
   54  FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   55    3.  THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE DORMITORY
   56  AUTHORITY AND THE CORPORATION ANY  PORTION  OF  BOND  PROCEEDS  PAID  TO
       S. 2607--D                         227                        A. 3007--D

    1  PROVIDE  FUNDS  FOR OR REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH
    2  SUCH CAPITAL PROJECT COSTS AND TO CREDIT SUCH  AMOUNTS  TO  THE  CAPITAL
    3  PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
    4    S  70.  This  act shall take effect immediately and shall be deemed to
    5  have been in full force and effect on and after April 1, 2013;  provided
    6  that:
    7    (a)  sections one through nine, and sections thirteen through eighteen
    8  of this act shall expire March  31,  2014,  when  upon  such  date,  the
    9  provisions of such sections shall be deemed repealed;
   10    (b)  the  amendments  to  subdivision  3  of section 99-h of the state
   11  finance law made by section twenty-three of this act shall  take  effect
   12  on  the  same  date  as the reversion of such subdivision as provided in
   13  section 3 of part W of chapter 60 of the laws of 2011, as amended;
   14    (c) the amendments to subdivision 5 of  section  3234  of  the  public
   15  authorities law made by section forty-five of this act shall take effect
   16  upon  the  expiration  and  reversion of such subdivision as provided in
   17  section 59 of part BB of chapter 58 of the laws of 2011;
   18    (d) the amendments to paragraph a of subdivision 5 of section 89-b  of
   19  the state finance law made by section sixty of this act shall be subject
   20  to  the expiration and reversion of such paragraph pursuant to section 2
   21  of part B of chapter 84 of the laws of 2002, as amended, when upon  such
   22  date  the  provisions  of section sixty-a of this act shall take effect;
   23  and
   24    (e) the amendments to subdivision 3  of  section  97-g  of  the  state
   25  finance  law  made by section sixty-two of this act shall not affect the
   26  expiration and reversion of such subdivision  and  shall  be  deemed  to
   27  expire therewith.
   28    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   29  sion,  section  or  part  of  this act shall be adjudged by any court of
   30  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   31  impair,  or  invalidate  the remainder thereof, but shall be confined in
   32  its operation to the clause, sentence, paragraph,  subdivision,  section
   33  or part thereof directly involved in the controversy in which such judg-
   34  ment shall have been rendered. It is hereby declared to be the intent of
   35  the  legislature  that  this  act  would  have been enacted even if such
   36  invalid provisions had not been included herein.
   37    S 3. This act shall take effect immediately  provided,  however,  that
   38  the applicable effective date of Parts A through HH of this act shall be
   39  as specifically set forth in the last section of such Parts.
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