Enacts major components of legislation relating to education, labor and family assistance which are necessary to implement the state fiscal plan for the 2006-2007 state fiscal year; makes provisions relating to the computation of school aid; relates to funding for the work force education program; amends chapters 82 of the laws of 1995, chapter 472 of the laws of 1998, chapter 405 of the laws of 1999, in relation to the effectiveness thereof; provides for special equalization rates for the Tuckahoe union free school district; relates to school health services; relates to powers of the board of cooperative educational services; amends chapter 57 of the laws of 2004, in relation to the effectiveness thereof; creates the New York state cultural education trust; expands our children's education and learning (EXCEL); relates to diplomas of distinction; pertains to records to be kept by school districts and apportionment of public moneys to certain school districts; relates to the code of ethics and specifications for certain public works; amends chapter 169 of the laws of 1994, relating to the expiration thereof; amends chapter 472 of the laws of 1998, in relation to the effectiveness thereof; establishes an inter-agency task force on transition from early intervention to special education; enacts the city of Syracuse and board of education of the city school district of the city of Syracuse cooperative school reconstruction act; relates to apportionment of public moneys to school districts and funding for libraries; relates to funding for Shoreham-Wading River Central School district; provides for additional general support for public schools; establishes the Senator Charles D. Cook commission on local education finance reform; relates to additional bonds for an emergency school capital plan; provides for a STAR tax rebate; and further establishes the New York state cultural education trust and provides for powers and duties.
STATE OF NEW YORK
________________________________________________________________________
S. 6458--C A. 9558--B
Cal. No. 500
SENATE - ASSEMBLY
January 20, 2006
___________
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 -- reported
favorably from said committee, ordered to a third reading, passed by
Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, recommitted to the committee on Finance,
amended and ordered reprinted, retaining its place in the order of
third reading
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to computation of school
aid (Part A); to amend the education law, in relation to school aid;
to amend chapter 756 of the laws of 1992 relating to funding a program
for work force education conducted by a consortium for worker educa-
tion in New York city, in relation to reimbursement for the 2006-07
school year and to the effectiveness of such chapter; to amend chapter
82 of the laws of 1995 amending the education law and other laws
relating to state aid to school districts and the appropriation of
funds for the support of government, in relation to the effectiveness
of such chapter; 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 the effectiveness of such chapter; to amend
chapter 405 of the laws of 1999 amending the real property tax law and
other laws relating to improving the administration of the school tax
relief (STAR) program, in relation to the effectiveness of such chap-
ter; to amend the real property tax law, in relation to special equal-
ization rates for the Tuckahoe union free school district; to amend
the education law, in relation to school health services; to amend
chapter 57 of the laws of 2004 amending the labor law, the general
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12272-03-6
S. 6458--C 2 A. 9558--B
business law and various other laws relating to implementation of the
state fiscal plan for the 2004-2005 state fiscal year, in relation to
the effectiveness thereof; to amend the arts and cultural affairs law,
in relation to creating the New York state cultural education trust;
and providing for the repeal of certain provisions upon expiration
thereof (Part A-1); to amend the education law and the public authori-
ties law, in relation to expanding our children's education and learn-
ing (EXCEL) (Part A-2); to amend the public authorities law, the
education law and the state finance law, in relation to the issuance
of bonds by the New York city transitional finance authority; (Part
A-3) to amend the education law, in relation to diplomas of
distinction, records to be kept by school districts, and the appor-
tionment of public moneys to certain school districts; to amend chap-
ter 169 of the laws of 1994 relating to certain provisions related to
the 1994-95 state operations, aid to localities, capital projects and
debt service budgets, in relation to certain expiration and repeal
dates contained therein; in relation to the effectiveness thereof; in
relation to establishing a temporary inter-agency task force on tran-
sition from early intervention to special education; and to amend the
public authorities law and the education law, in relation to enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction
act" (Part A-4); and to amend the education law, in relation to appor-
tionment of public moneys to school districts and to funding of
schools and libraries; to amend the public authorities law, in
relation to funding for the Shoreham-Wading River Central school
district and special school purpose municipalities; providing addi-
tional general support for the public schools; (Part A-5) to amend the
general business law, in relation to the transfer of authority over
radioactive materials and radiation equipment from the department of
labor to the department of health; and to amend the public health law,
in relation to the powers and duties of the public health council
(Part B); Intentionally omitted (Part C); to amend the social services
law, the business corporation law, the not-for-profit corporation law
and the state finance law, in relation to child day care licensing,
registration and enforcement; to repeal subdivision 2 of section 460-a
of the social services law, relating to certificates of incorporation;
to repeal paragraph (d) of section 201 of the business corporation
law, relating to approval of child day care certificates of incorpo-
ration; and to repeal section 405 of the business corporation law,
relating to approval of certificate of incorporation (Part D); to
amend the social services law, in relation to establishing a medicaid
waiver for child welfare (Part E); in relation to sexually exploited
children (Part F); in relation to authorizing New York city, Westches-
ter county and Monroe county to test best practices in portable infor-
mation technology for child protective services caseworkers; and
providing for the expiration of such provisions (Part G); to amend the
executive law, in relation to facilities of the office of children and
family services (Part H); to amend the tax law, in relation to provid-
ing an enhanced earned income tax credit (Part I); to amend the social
services law, in relation to holding districts responsible for achiev-
ing a fifty percent work participation rate for families and single
adults receiving public assistance; and to repeal subdivision 17 of
section 153 of the social services law relating to reduction of a
social services district's state reimbursement for administration of
certain programs due to its failure to meet certain participation
S. 6458--C 3 A. 9558--B
rates for work requirements (Part J); to amend the education law, in
relation to accelerated study (Part K); to direct a report on the
tuition assistance program; and providing for the repeal of such
provisions upon expiration thereof (Part L); to amend the education
law, in relation to a change in circumstance of income; and providing
for the repeal of such provisions upon expiration thereof (Part M); to
amend the education law, in relation to part-time tuition assistance
program awards (Part N); to amend the education law, in relation to
community colleges (Part O); to amend the education law, in relation
to the New York math and science teaching incentive program awards
(Part P); to amend chapter 57 of the laws of 2005 amending the labor
law and other laws relating to implementing the state fiscal plan for
the 2005-2006 state fiscal year, in relation to current restrictions
on the execution of private contracts for the higher education facili-
ties capital matching grants program (Part Q); to amend the education
law, in relation to tuition benefits for the recruitment incentive and
retention program (Part R); to amend chapter 31 of the laws of 1985,
amending the education law relating to regents scholarships in certain
professions, in relation to extending the effectiveness of certain
provisions thereof (Part S); to establish the empire innovation
program for the state university of New York (Part T); to establish
the empire innovation program for the city university of New York
(Part U); to amend the state finance law, in relation to the arts
exhibition revolving fund (Part V); to amend a chapter of the laws of
2006, amending the economic development law and other laws relating to
reauthorizing the New York power authority to make contributions to
the general fund and authorize the continuation of New York power
authority economic development programs, including the power for jobs
and energy cost savings benefit programs, as proposed in legislative
bill numbers S. 6459-C and A.9559-B, in relation to submitting to the
comptroller for review and audit the books and accounts of the author-
ity (Part W); and to authorize the New York state urban development
corporation, the dormitory authority of the state of New York, the New
York state environmental facilities corporation, the New York state
housing finance agency and the New York state thruway authority to
issue bonds or notes in support of priority economic development
projects (Part X)
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 2006-2007
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through X. 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
S. 6458--C 4 A. 9558--B
1 Section 1. For additional general support for the public schools each
2 school district shall be entitled to receive an additional amount equal
3 to the sum of:
4 (1) The additional FLEX aid equivalent which shall equal the product
5 of one one-hundredths (0.01) multiplied by an amount equal to that set
6 forth for each school district as "FLEX AID" under the heading "2005-06
7 Base Year Aids" in the school aid computer listing produced by the
8 commissioner in support of the executive budget request for the 2006-07
9 school year and entitled "BT131-6";
10 (2) The additional building aid equivalent which shall equal the posi-
11 tive difference, if any, of the building aid equivalent less the build-
12 ing aid equivalent deduction, where (i) the building aid equivalent
13 shall mean the amount computed for the school district for the current
14 year pursuant to subdivisions 6, 6-a, 6-b, 6-c, 6-e and 6-f and para-
15 graph c of subdivision 14 of section 3602 of the education law,
16 provided, however that for any project which is eligible for an appor-
17 tionment pursuant to subparagraph 3 of paragraph e of subdivision 6 of
18 section 3602 of the education law, but which did not yet have a certif-
19 ication that a general construction contract had been awarded for such
20 project by or on behalf of the district on file with the commissioner of
21 education as of the date upon which an electronic data file was created
22 for the purposes of the estimated apportionments due and owing during
23 the current school year produced by the commissioner of education in
24 February, 2006, such debt service or lease-purchase or other annual
25 payments under a lease-purchase agreement or an equivalent agreement
26 that would be incurred during the current year based on an assumed amor-
27 tization to be established by the commissioner of education pursuant to
28 subdivision 6 of section 3602 of the education law of the approved
29 project costs to be financed shall not be current year approved expendi-
30 tures for debt service payable from the amount computed pursuant to the
31 provisions herein, and (ii) the building aid equivalent deduction shall
32 mean the amount computed for the school district pursuant to subdivi-
33 sions 6, 6-a, 6-b, 6-c, 6-e and 6-f and paragraph c of subdivision 14 of
34 section 3602 of the education law as such subdivisions existed on Decem-
35 ber l, 2005, provided that such amount shall not include the amount that
36 would otherwise be payable in the 2006-07 school year for current year
37 approved expenditures for debt service for any project which is eligible
38 for an apportionment pursuant to subparagraph 3 of paragraph e of subdi-
39 vision 6 of section 3602 of the education law, but which did not yet
40 have a certification that a general construction contract had been
41 awarded for such project by or on behalf of the district on file with
42 the commissioner of education as of the date upon which an electronic
43 data file was created for the school aid computer listing produced by
44 the commissioner of education in support of the executive budget request
45 for the 2006-07 school year and entitled "BT131-6", and provided further
46 that, notwithstanding any provisions of law to the contrary, for the
47 building aid equivalent deduction computed in the 2006-07 school year
48 pursuant to such subdivisions 6, 6-a, 6-b, 6-c, 6-e and 6-f and para-
49 graph c of subdivision 14 of section 3602 of the education law; and any
50 other provisions herein, no district shall receive a building aid equiv-
51 alent deduction in excess of the amount computed as based on data on
52 file for the school aid computer listing produced by the commissioner of
53 education in support of the executive budget request for the 2006-07
54 school year and entitled "BT131-6";
55 (3) The additional transportation aid equivalent which shall equal the
56 positive difference, if any, of the transportation aid equivalent less
S. 6458--C 5 A. 9558--B
1 the transportation aid equivalent deduction, where (i) the transporta-
2 tion aid equivalent shall mean the amount computed for the school
3 district for the current year pursuant to subdivision 7 of section 3602
4 of the education law, provided, however that expenditures to the New
5 York city metropolitan transportation authority for public service
6 transportation during the 2005-06 school year shall not be deemed
7 approved transportation expense for purposes of such computation and
8 (ii) the transportation aid equivalent deduction shall mean the amount
9 computed for the school district pursuant to subdivision 7 of section
10 3602 of the education law, but not more than the amount computed for
11 such school district pursuant to subdivision 7 of section 3602 of the
12 education law, based on data on file with the commissioner of education
13 as of the date upon which an electronic data file was created for the
14 school aid computer listing produced by the commissioner of education in
15 support of the executive budget request for the 2006-07 school year and
16 entitled "BT131-6", provided that, notwithstanding any inconsistent
17 provisions of law to the contrary, approved transportation expense for
18 public service transportation for transportation aid payable in the
19 2006-07 school year pursuant to subdivision 7 of section 3602 of the
20 education law shall not include any expenditures to the New York city
21 metropolitan transportation authority for public service transportation
22 during the 2005-06 school year nor shall such expense be included in
23 approved operating expense;
24 (4) the additional full-day kindergarten aid equivalent which shall
25 equal the positive difference, if any, of the full-day kindergarten aid
26 equivalent less the full-day kindergarten aid equivalent deduction,
27 where (i) the full-day kindergarten aid equivalent shall mean the amount
28 computed for the school district for the current year pursuant to subdi-
29 vision 12-a of section 3602 of the education law, and (ii) the full-day
30 kindergarten aid equivalent deduction shall mean the amount computed for
31 the school district pursuant to subdivision 12-a of section 3602 of the
32 education law, but not more than the amount computed for the school
33 district pursuant to subdivision 12-a of section 3602 of the education
34 law as based on data on file with the commissioner of education as of
35 the date upon which an electronic data file was created for the school
36 aid computer listing produced by the commissioner of education in
37 support of the executive budget request for the 2006-07 school year and
38 entitled "BT131-6";
39 (5) the additional growth aid equivalent which shall equal the posi-
40 tive difference, if any, of the growth aid equivalent less the growth
41 aid equivalent deduction, where (i) the growth aid equivalent shall mean
42 the amount computed for the school district pursuant to subdivision 13
43 of section 3602 of the education law, and (ii) the growth aid equivalent
44 deduction shall mean the amount computed for the school district pursu-
45 ant to subdivision 13 of section 3602 of the education law but not more
46 than the amount computed for the school district pursuant to subdivision
47 13 of section 3602 of the education law based on data on file with the
48 commissioner of education as of the date upon which an electronic data
49 file was created for the school aid computer listing produced by the
50 commissioner of education in support of the executive budget request for
51 the 2006-07 school year and entitled "BT131-6";
52 (6) the additional reorganization incentive operating aid equivalent
53 which shall equal the positive difference, if any, of the reorganization
54 incentive operating aid equivalent less the reorganization incentive
55 operating aid equivalent deduction, where (i) the reorganization incen-
56 tive operating aid equivalent shall mean the amount computed for the
S. 6458--C 6 A. 9558--B
1 school district for the current year pursuant to paragraph d of subdivi-
2 sion 14 of section 3602 of the education law, and (ii) the reorganiza-
3 tion incentive operating aid equivalent deduction shall mean the amount
4 computed for the school district pursuant to paragraph d of subdivision
5 14 of section 3602 of the education law but not more than the amount
6 computed for the school district pursuant to paragraph d of subdivision
7 14 of section 3602 of the education law based on data on file with the
8 commissioner of education as of the date upon which an electronic data
9 file was created for the school aid computer listing produced by the
10 commissioner of education in support of the executive budget request for
11 the 2006-07 school year and entitled "BT131-6";
12 (7) the additional special services aid equivalent which shall equal
13 the positive difference, if any, of the special services aid equivalent
14 less the special services aid equivalent deduction, where (i) the
15 special services aid equivalent shall mean the amount computed for the
16 school district for the current year pursuant to subdivision 17 of
17 section 3602 of the education law, provided, however, that notwithstand-
18 ing any other provision of law to the contrary, the amount for each
19 pupil for aid for career education computed pursuant to paragraph b of
20 subdivision 17 of section 3602 of the education law shall be computed by
21 multiplying the career education aid ratio computed pursuant to such
22 paragraph b of subdivision 17 of section 3602 of the education law by
23 thirty-nine hundred dollars, and (ii) the special services aid equiv-
24 alent deduction shall mean the amount computed for the school district
25 pursuant to subdivision 17 of section 3602 of the education law but not
26 more than the amount computed for the school district pursuant to subdi-
27 vision 17 of section 3602 of the education law based on data on file
28 with the commissioner of education as of the date upon which an elec-
29 tronic data file was created for the school aid computer listing
30 produced by the commissioner of education in support of the executive
31 budget request for the 2006-07 school year and entitled "BT131-6";
32 (8) the additional public excess cost aid equivalent which shall equal
33 the positive difference, if any, of the public excess cost aid equiv-
34 alent less the public excess cost aid equivalent deduction, where (i)
35 the public excess cost aid equivalent shall mean the amount computed for
36 the school district for the current year pursuant to subdivision 19 of
37 section 3602 of the education law, provided further that for purposes of
38 such computation any school district may receive the greater of (a) the
39 sum of the aid computed under paragraphs 4, 5 and 7 of such subdivision
40 19, as modified herein, and subject to the limitations of this
41 provision, in the 2006-07 school year or (b) the product of the aid
42 selected pursuant to clause 1 of subparagraph b of paragraph 6 of subdi-
43 vision 19 of section 3602 of the education law in the 2005-06 school
44 year and ninety-five hundredths, and provided further that in computing
45 such amount each school district shall be eligible for an additional
46 apportionment pursuant to such subdivision 19 equal to the product of
47 the excess cost aid per pupil computed pursuant to such subdivision 19
48 of section 3602 of the education law and the product of the attendance
49 in the year prior to the base year of pupils who have been determined by
50 a committee on special education to require special services or programs
51 for sixty per centum or more of the school day pursuant to clause 1 of
52 subparagraph b of paragraph 1 of such subdivision 19 of section 3602 of
53 the education law and are provided special services or programs in the
54 general education setting by qualified personnel, as defined in the
55 regulations of the commissioner of education, multiplied by five-tenths,
56 and provided further that in computing weighted pupils with handicapping
S. 6458--C 7 A. 9558--B
1 conditions for the purpose of computation of such amounts pursuant to
2 such subdivision 19 of section 3602 of the education law, the attendance
3 of pupils who have been determined by a committee on special education
4 either to require placement for sixty per centum or more of the school
5 day in a special class, or to require home or hospital instruction for a
6 period of more than 60 days, or to require special services or programs
7 for more than sixty per centum of the school day shall be multiplied by
8 one and sixty-five hundredths, and (ii) the public excess cost aid
9 equivalent deduction shall mean the amount computed for the school
10 district pursuant to subdivision 19 of section 3602 of the education
11 law, using the same weightings, factors and formulas employed in calcu-
12 lation of the amount computed for the public excess cost aid equivalent
13 for the school district for the current year pursuant to such subdivi-
14 sion 19 of section 3602 of the education law as modified pursuant to
15 this provision, but not more than the amount computed for the school
16 district pursuant to subdivision 19 of section 3602 of the education
17 law, using the same weightings, factors and formulas employed in calcu-
18 lation of the amount computed for the public excess cost aid equivalent
19 for the school district for the current year pursuant to such subdivi-
20 sion 19 of section 3602 of the education law as modified pursuant to
21 this provision, based on data on file with the commissioner of education
22 as of the date upon which an electronic data file was created for the
23 school aid computer listing produced by the commissioner of education in
24 support of the executive budget request for the 2006-07 school year and
25 entitled "BT131-6";
26 (9) the additional tax limitation aid equivalent which shall equal the
27 positive difference, if any, of the tax limitation aid equivalent less
28 the tax limitation aid equivalent deduction, where (i) the tax limita-
29 tion aid equivalent shall mean an amount equal to the sum of its tier 1
30 tax limitation equivalent apportionment, its tier 2 tax limitation
31 equivalent apportionment and its tier 3 tax limitation equivalent appor-
32 tionment, as defined herein; (A) the "tier 1 tax limitation equivalent
33 apportionment" shall mean an apportionment equal to the amount of the
34 tax limitation equivalent apportionment computed in lieu of aid payable
35 pursuant to such subdivision 21 of section 3602 of the education law in
36 the base year and set forth for each school district as "Tax Limitation"
37 under the heading "2005-06 Base Year Aids" in the school aid computer
38 listing produced by the commissioner in support of the executive budget
39 request for the two thousand six--two thousand seven school year and
40 entitled "BT131-6"; (B) the "tier 2 tax limitation equivalent apportion-
41 ment" shall mean, for a school district with (1) a combined wealth
42 ratio, as defined in subdivision 1 of section 3602 of the education law,
43 less than two and (2) a residential real property tax levy income ratio
44 greater than 180 percent, an additional apportionment equal to the prod-
45 uct of the total aidable pupil units for tax aid, as defined in subdivi-
46 sion 16 of section 3602 of the education law, multiplied by the product
47 of the tax limitation aid equivalent ratio, which shall be the positive
48 difference, if any, of one minus the product, carried to three decimal
49 places without rounding, obtained by multiplying forty-eight percent by
50 the combined wealth ratio, as defined in subdivision 1 of section 3602
51 of the education law, multiplied by the product of fifty dollars multi-
52 plied by the residential real property tax levy income ratio, where
53 "residential real property tax levy income ratio" shall mean the number
54 obtained when the quotient of the district's residential real property
55 tax levy as defined in subdivision 16 of section 3602 of the education
56 law divided by the district's adjusted gross income as defined in para-
S. 6458--C 8 A. 9558--B
1 graph k of subdivision 1 of such section 3602 of the education law is
2 divided by 0.0278; and (C) the "tier 3 tax limitation equivalent appor-
3 tionment" shall mean an additional apportionment equal to the product of
4 the the total aidable pupil units selected pursuant to paragraph (iii)
5 of subdivision 8 of section 3602 of the education law for the purposes
6 of computing operating aid, multiplied by the product of thirteen
7 hundred thirty-two ten thousandths (0.1332) multiplied by the positive
8 difference, if any, of one minus the product, carried to three decimal
9 places without rounding, obtained by multiplying four hundred sixty-five
10 one-thousandths (0.465) by the combined wealth ratio, as defined in
11 subdivision 1 of section 3602 of the education law, multiplied by the
12 positive remainder, if any, of the expense per pupil as defined in para-
13 graph f of subdivision one of section 3602 of the education law less
14 nine thousand two hundred fifty dollars; and (ii) the tax limitation aid
15 equivalent deduction shall mean an amount equal to the sum of its tier 1
16 tax limitation equivalent deduction, its tier 2 tax limitation equiv-
17 alent deduction and its tier 3 tax limitation equivalent deduction, as
18 defined herein, and provided further that such amount shall not exceed
19 the amount calculated based on data on file for the school aid computer
20 listing produced by the commissioner of education in support of the
21 executive budget request for the 2006-07 school year and entitled
22 "BT131-6"; (A) the "tier 1 tax limitation equivalent deduction" shall
23 mean an amount equal to the tax limitation equivalent apportionment
24 computed in lieu of aid payable pursuant to such subdivision 21 of
25 section 3602 of the education law in the base year and set forth for
26 each school district as "Tax Limitation" under the heading "2005-06 Base
27 Year Aids" in the school aid computer listing produced by the commis-
28 sioner in support of the executive budget request for the two thousand
29 six--two thousand seven school year and entitled "BT131-6"; (B) the
30 "tier 2 tax limitation equivalent deduction" shall mean, for a school
31 district with (1) a combined wealth ratio, as defined in subdivision 1
32 of section 3602 of the education law, less than one and one-half and (2)
33 a residential real property tax levy income ratio greater than 180
34 percent, an additional amount equal to the product of the total aidable
35 pupil units for tax aid, as defined in subdivision 16 of section 3602 of
36 the education law, multiplied by the product of the tax limitation aid
37 ratio, as defined in paragraph a of subdivision 21 of section 3602 of
38 the education law, multiplied by the product of $57.75 multiplied by the
39 residential real property tax levy income ratio, where "residential real
40 property tax levy income ratio" shall mean the number obtained when the
41 quotient of the district's residential real property tax levy as defined
42 in subdivision 16 of section 3602 of the education law divided by the
43 district's adjusted gross income as defined in paragraph k of subdivi-
44 sion 1 of section 3602 of the education law is divided by 0.0278, and
45 (C) the "tier 3 tax limitation equivalent deduction" shall mean an addi-
46 tional amount equal to the product of the total aidable pupil units for
47 tax aid, as defined in subdivision 16 of section 3602 of the education
48 law, multiplied by the product of seventy-five one-thousandths (0.075)
49 multiplied by the tax limitation aid ratio, as defined in paragraph a of
50 subdivision 21 of section 3602 of the education law, multiplied by the
51 positive remainder, if any, of the expense per pupil as defined in para-
52 graph f of subdivision 1 of section 3602 of the education law less
53 $9,250, and provided further that the tax limitation aid equivalent
54 deduction shall not exceed the amount computed using the same weight-
55 ings, factors and formulas employed for calculation of the tax limita-
56 tion aid equivalent deduction pursuant to this provision, based on data
S. 6458--C 9 A. 9558--B
1 on file with the commissioner of education as of the date upon which an
2 electronic data file was created for the school aid computer listing
3 produced by the commissioner of education in support of the executive
4 budget request for the 2006-07 school year and entitled "BT131-6";
5 (10) the additional limited English proficiency aid equivalent which
6 shall equal the amount calculated pursuant to subdivision 22 of section
7 3602 of the education law, provided however that, for aid payable in the
8 2005-06 school year, aid per pupil shall be computed by multiplying
9 fifty-six one-thousandths (0.056) by the result obtained when operating
10 aid computed for the current year pursuant to paragraph b or c of subdi-
11 vision 12 of section 3602 of the education law, is divided by the total
12 aidable pupil units used to compute such aid;
13 (11) the additional computer hardware aid equivalent which shall equal
14 the positive difference, if any, of the computer hardware aid equivalent
15 less the computer hardware aid equivalent deduction, where (i) the
16 computer hardware aid equivalent shall mean the amount computed for the
17 school district for the current year pursuant to subdivision 26 of
18 section 3602 of the education law, and (ii) the computer hardware aid
19 equivalent deduction shall mean the amount computed for the school
20 district pursuant to subdivision 26 of section 3602 of the education law
21 but not more than the amount computed for the school district pursuant
22 to subdivision 26 of section 3602 of the education law based on data on
23 file with the commissioner of education as of the date upon which an
24 electronic data file was created for the school aid computer listing
25 produced by the commissioner of education in support of the executive
26 budget request for the 2006-07 school year and entitled "BT131-6";
27 (12) the additional textbook aid equivalent which shall equal the
28 positive difference, if any, of the textbook aid equivalent less the
29 textbook aid equivalent deduction, where (i) the textbook aid equivalent
30 shall mean the amount computed for the school district for the current
31 year pursuant to section 701 of the education law and (ii) the textbook
32 aid equivalent deduction shall mean the amount computed for the school
33 district pursuant to section 701 of the education law but not more than
34 the amount computed for the school district pursuant to section 701 of
35 the education law based on data on file with the commissioner of educa-
36 tion as of the date upon which an electronic data file was created for
37 the school aid computer listing produced by the commissioner of educa-
38 tion in support of the executive budget request for the 2006-07 school
39 year and entitled "BT131-6";
40 (13) the additional library materials aid equivalent which shall equal
41 the positive difference, if any, of the library materials aid equivalent
42 less the library materials aid equivalent deduction, where (i) the
43 library materials aid equivalent shall mean the amount computed for the
44 school district for the current year pursuant to section 711 of the
45 education law and (ii) the library materials aid equivalent deduction
46 shall mean the amount computed for the school district pursuant to
47 section 711 of the education law but not more than the amount computed
48 for the school district pursuant to section 711 of the education law
49 based on data on file with the commissioner of education as of the date
50 upon which an electronic data file was created for the school aid
51 computer listing produced by the commissioner of education in support of
52 the executive budget request for the 2006-07 school year and entitled
53 "BT131-6";
54 (14) the additional computer software aid equivalent which shall equal
55 the positive difference, if any, of the computer software aid equivalent
56 less the computer software aid equivalent deduction, where (i) the
S. 6458--C 10 A. 9558--B
1 computer software aid equivalent shall mean the amount computed for the
2 school district for the current year pursuant to section 751 of the
3 education law and (ii) the computer software aid equivalent deduction
4 shall mean the amount computed for the school district pursuant to
5 section 751 of the education law but not more than the amount computed
6 for the school district pursuant to section 751 of the education law
7 based on data on file with the commissioner of education as of the date
8 upon which an electronic data file was created for the school aid
9 computer listing produced by the commissioner of education in support of
10 the executive budget request for the 2006-07 school year and entitled
11 "BT131-6";
12 (15) the additional private excess cost aid equivalent which shall
13 equal the positive difference, if any, of the private excess cost aid
14 equivalent less the private excess cost aid equivalent deduction, where
15 (i) the private excess cost aid equivalent shall mean the amount
16 computed for the school district for the current year pursuant to
17 section 4405 of the education law, and (ii) the private excess cost aid
18 equivalent deduction shall mean, for the current year for each applica-
19 ble school district for each child with a handicapping condition in
20 attendance in an approved program under the provisions of paragraphs e,
21 f, g, h, i and l of subdivision 2 of section 4401 of the education law,
22 an amount computed in the manner prescribed in paragraphs 1 through 5 of
23 subdivision 19 of section 3602 of the education law, as modified herein,
24 and subject to the limitations of this provision as if each such child
25 received special educational services or attended programs which meet
26 criteria established by the commissioner of education, operated by a
27 district or by a board of cooperative educational services, but not more
28 than an amount computed in the manner prescribed in paragraphs 1 through
29 5 of subdivision 19 of section 3602 of the education law, as modified
30 herein, and subject to the limitations of this provision as if each such
31 child received special educational services or attended programs which
32 meet criteria established by the commissioner of education, operated by
33 a district or by a board of cooperative educational services based on
34 data on file for the school aid computer listing produced by the commis-
35 sioner of education in support of the executive budget request for the
36 2006-07 school year and entitled "BT131-6";
37 (16) the additional miscellaneous aids equivalent which shall equal
38 the positive difference, if any, of the miscellaneous aids equivalent
39 less the miscellaneous aids equivalent deduction, where (i) the miscel-
40 laneous aids equivalent shall mean the amount computed for the school
41 district for the current year pursuant to subdivision 5 of section 3602
42 of the education law and sections 3602-b and 3602-c of such law, and
43 (ii) the miscellaneous aids equivalent deduction shall mean the amount
44 computed for the school district pursuant to subdivision 5 of section
45 3602 of the education law and sections 3602-b and 3602-c of such law but
46 not more than the amount computed for the school district pursuant to
47 subdivision 5 of section 3602 of the education law and sections 3602-b
48 and 3602-c of such law based on data on file with the commissioner of
49 education as of the date upon which an electronic data file was created
50 for the school aid computer listing produced by the commissioner of
51 education in support of the executive budget request for the 2006-07
52 school year and entitled "BT131-6";
53 (17) the extraordinary needs equivalent aid apportionment for a school
54 district which shall be the sum of the district's tier 1 extraordinary
55 needs apportionment, its tier 2 extraordinary needs apportionment, its
S. 6458--C 11 A. 9558--B
1 tier 3 extraordinary needs apportionment and its tier 4 extraordinary
2 needs apportionment;
3 (a) The tier one extraordinary needs apportionment shall equal, for a
4 district with a combined wealth ratio computed pursuant to paragraph d
5 of subdivision one of section three thousand six hundred two of the
6 education law, the product of (i) the sum of the positive remainder, if
7 any, of eight hundred five one-thousands (0.805) less the district's
8 combined wealth ratio plus the quotient, computed to three decimals
9 without rounding, of the positive remainder of twenty-five minus the
10 enrollment per square mile divided by sixty-eight, but not less than
11 zero multiplied by (ii) two hundred seven dollars and fifty cents,
12 multiplied by (iii) the total aidable pupil units selected pursuant to
13 paragraph (iii) of subdivision 8 of section 3602 of the education law
14 for the purposes of computing operating aid, multiplied by (iv) the
15 state sharing ratio for comprehensive operating aid computed pursuant to
16 paragraph b of subdivision 3 of section 3602 of the education law;
17 (b) The tier two extraordinary needs apportionment shall equal, for a
18 district with a combined wealth ratio greater than nine hundred seven-
19 ty-five one-thousandths (0.975), based on data on file with the commis-
20 sioner of education as of the date upon which an electronic data file
21 was created for the purposes of the estimated apportionments due and
22 owing during the current school year produced by the commissioner of
23 education in February, 2006, and a quotient of the extraordinary needs
24 count divided by the district's base year public school district enroll-
25 ment greater than thirty five one-hundredths (0.35), (i) the remainder
26 of such quotient less fifteen one-hundredths (0.15), multiplied by (ii)
27 one hundred twenty-five dollars, multiplied by (iii) the total aidable
28 pupil units selected pursuant to paragraph (iii) of subdivision 8 of
29 section 3602 of the education law for the purposes of computing operat-
30 ing aid;
31 (c) The tier 3 extraordinary needs apportionment shall equal the prod-
32 uct of forty-five dollars and forty cents multiplied by the extraor-
33 dinary needs count computed pursuant to paragraph s of subdivision 1 of
34 section 3602 of the education law; and
35 (d) The tier 4 extraordinary needs apportionment shall equal, for any
36 school district with an individual ceiling greater than zero, the prod-
37 uct of such individual ceiling multiplied by the extraordinary needs
38 count computed pursuant to paragraph s of subdivision 1 of section 3602
39 of the education law, where the individual ceiling shall equal; (a) for
40 any city school district in a city with a population of more than two
41 hundred fifty thousand inhabitants and less than one million inhabitants
42 according to the latest federal census, ten dollars; (b) for any city
43 school district in a city with a population of more than two hundred ten
44 thousand inhabitants and less than two hundred fifty thousand inhabit-
45 ants according to the latest federal census, sixty-five dollars; (c) for
46 any city school district in a city with a population of more than one
47 hundred sixty thousand inhabitants and less than two hundred ten thou-
48 sand inhabitants according to the latest federal census, ten dollars;
49 (d) for any city school district in a city with a population of more
50 than one hundred thousand inhabitants and less than one hundred sixty
51 thousand inhabitants according to the latest federal census, ninety
52 dollars; and (e) for any city school district in a city, with a popu-
53 lation of more than eighty thousand inhabitants and less than one
54 hundred thousand inhabitants according to the latest federal census,
55 sixty-five dollars;
S. 6458--C 12 A. 9558--B
1 (18) the enrollment adjustment aid which shall equal the product of
2 (i) the positive difference, if any, of the public school district
3 enrollment of the district in the year prior to the base year, as
4 computed pursuant to subparagraph 2 of paragraph n of subdivision 1 of
5 section 3602 of the education law, less the public school district
6 enrollment of the district in the year five years prior to the base
7 year, as computed pursuant to such subparagraph 2 of paragraph n of
8 subdivision 1 of section 3602 of the education law, multiplied by (ii)
9 seventeen hundred twenty-five dollars, multiplied by (iii) the state
10 sharing ratio for comprehensive operating aid computed pursuant to para-
11 graph b of subdivision 3 of section 3602 of the education law;
12 Provided, however, that in calculation of the weightings, factors and
13 formulas employed in calculation of the building aid equivalent, the
14 transportation aid equivalent, the full-day kindergarten aid equivalent,
15 the growth aid equivalent, the reorganization incentive operating aid
16 equivalent, the special services aid equivalent, the public excess cost
17 aid equivalent, the tax limitation aid equivalent, the computer hardware
18 aid equivalent, the private excess cost aid equivalent, the miscella-
19 neous aids equivalent, extraordinary needs equivalent aid and enrollment
20 adjustment aid, the actual valuation computed pursuant to paragraph c of
21 subdivision 1 of section 3602 of the education law shall not exceed one
22 hundred seventeen percent of such actual valuation for the preceding
23 year.
24 The amounts computed herein shall be considered general support for
25 public schools, shall be subject to conditions specified in section 3604
26 of the education law, and shall be paid in accordance with the applica-
27 ble payment schedules set forth in sections 3609-a and 3609-b of such
28 law, other provisions of law providing for payment of such aids, or as
29 provided herein. Provided that for school aid payments for the 2006-07
30 school year, "school aid computer listing for the current school year"
31 shall mean the printouts entitled "SA0607".
32 § 2. For additional general support for the public schools for support
33 for boards of cooperative educational services and county vocational
34 education and extension boards, each school district shall be entitled
35 to receive an additional amount equal to the additional BOCES and CVEEB
36 equivalent amount, which shall be the positive difference, if any, of
37 (1) the BOCES and CVEEB equivalent amount, which shall be the amounts
38 calculated in the 2006-07 school year pursuant to sections 1104 and 1950
39 of the education law, provided, however that in calculation of the
40 weightings, factors and formulas employed in calculation of such BOCES
41 and CVEEB equivalent amount, the actual valuation computed pursuant to
42 paragraph c of subdivision 1 of section 3602 of the education law shall
43 not exceed one hundred seventeen percent of such actual valuation for
44 the preceding year; less (2) the BOCES and CVEEB equivalent deduction,
45 which shall be the amounts calculated in the 2006-07 school year pursu-
46 ant to sections 1104 and 1950 of the education law, provided that,
47 notwithstanding any provisions of law to the contrary, for aid payable
48 in the 2006-07 school year pursuant to section 1950 of the education
49 law, no school district shall receive an amount in excess of the amount
50 payable pursuant to such section 1950 in the 2005-06 school year as
51 based on data on file for the school aid computer listing produced by
52 the commissioner of education in support of the executive budget request
53 for the 2006-07 school year and entitled "BT131-6", and provided further
54 that, notwithstanding any provisions of law to the contrary, for aid
55 payable in the 2006-07 school year pursuant to such sections 1104 and
56 1950 of the education law; and any other provisions herein, no district
S. 6458--C 13 A. 9558--B
1 shall receive an apportionment in excess of the amount payable as based
2 on data on file for the school aid computer listing produced by the
3 commissioner of education in support of the executive budget request for
4 the 2006-07 school year and entitled "BT131-6".
5 Notwithstanding any other law, rule or regulation to the contrary,
6 such additional BOCES and CVEEB equivalent amount shall be paid pursuant
7 to section 3609-d of the education law or other provisions of law
8 providing for payment of such aids, amounts computed pursuant to the
9 provisions herein shall be available for payment of financial assist-
10 ance, net of any disallowances, refunds, reimbursements and credits.
11 § 3. For additional sound basic education aid each district shall be
12 eligible to receive an additional SBE replacement apportionment which
13 shall equal the positive difference, if any, of the SBE replacement
14 supplement less the SBE replacement deduction, where;
15 (1) the SBE replacement supplement shall mean the product of the total
16 estimated SBE replacement multiplied by seven tenths (0.70). For the
17 2006-07 school year, the "total estimated SBE replacement" shall be
18 equal to the product of three hundred seventy-five million dollars
19 ($375,000,000) multiplied by the district's base year SBE ratio. The
20 "base year SBE ratio" shall be equal to the quotient of the district's
21 base year apportionment for sound basic education aid set forth for each
22 school district as "2005-06 Sound Basic Education" in the school aid
23 computer listing produced by the commissioner in support of the execu-
24 tive budget request for the 2006-07 school year and entitled "BT131-6",
25 divided by the sum of such apportionments set forth for all school
26 districts as "2005-06 Sound Basic Education" in such school aid computer
27 listing entitled "BT131-6";
28 (2) the SBE replacement deduction shall mean the amount paid on or
29 before the first business day of March, 2007 to such district pursuant
30 to an appropriation from the state lottery fund for sound basic educa-
31 tion reserve enacted as part of a chapter of the laws of 2006 enacting
32 the 2006-07 education, labor and family assistance budget;
33 (3) the SBE replacement apportionment, if any, shall be paid to school
34 districts on or before March 31, 2007, upon a certification by the State
35 comptroller, in consultation with the commissioner of education of such
36 amount paid on or before the first business day of March, 2007 to such
37 district pursuant to an appropriation from the state lottery fund for
38 sound basic education reserve enacted as part of a chapter of the laws
39 of 2006 enacting the 2006-07 education, labor and family assistance
40 budget and the amount of the SBE replacement apportionment, if any, due
41 and owing to each school district pursuant to this provision.
42 (3-a) Each school district shall be eligible to receive an additional
43 high tax aid apportionment which shall equal, for any school district
44 with its administrative headquarters located in an eligible county, the
45 greater of (a) the product of the public school district enrollment of
46 the district in the base year, as computed pursuant to subparagraph 2 of
47 paragraph n of subdivision 1 of section 3602 of the education law,
48 multiplied by twenty-nine dollars and ninety cents, or (b) twenty-five
49 thousand dollars; for the purposes of such additional high tax aid
50 apportionment, "eligible county" shall mean any county in which the
51 quotient of the sum for all school districts with administrative head-
52 quarters located in such county of the residential real property tax
53 levy computed pursuant to subparagraph 3 of paragraph a of subdivision
54 16 of section 3602 of the education law, divided by the sum for all such
55 school districts of the adjusted gross income as used in computation of
56 the districts' tax effort ratios pursuant to subparagraph 1 of such
S. 6458--C 14 A. 9558--B
1 paragraph a of subdivision 16 of section 3602 of the education law,
2 computed to five decimals without rounding, is greater than four and
3 provided further that all computations pursuant to this provision shall
4 be based on the data on file with the commissioner of education as of
5 the date upon which an electronic data file was created for the purposes
6 of the estimated apportionments due and owing during the current school
7 year produced by the commissioner of education in February, 2006.
8 § 4. Paragraph a of subdivision 8 of section 3602-e of the education
9 law, as added by section 58 of part A of chapter 436 of the laws of
10 1997, is amended and a new paragraph f is added to read as follows:
11 a. a detailed plan identifying specific goals, including how the
12 district will expand its program to assure that all eligible children
13 may be served [by the school year two thousand two--two thousand three],
14 and a proposed timetable for the implementation and achievement of such
15 goals;
16 f. for the two thousand six--two thousand seven school year, the
17 district may include in its application a description of how its program
18 would be expanded if it receives a prekindergarten expansion award
19 pursuant to paragraph c of subdivision ten-a of this section.
20 § 5. Paragraph a of subdivision 9 of section 3602-e of the education
21 law, as added by section 35 of part C of chapter 58 of the laws of 1998,
22 is amended to read as follows:
23 a. Each year, the commissioner shall determine the school districts
24 that would be eligible to receive funds pursuant to this section in the
25 following school year based on pupil data on file with the commissioner
26 on a date prescribed by the commissioner, and applying the formula spec-
27 ified in subdivision ten or ten-a of this section. No later than Novem-
28 ber fifteenth of the base year, the commissioner shall notify such
29 districts that they may be eligible for a grant pursuant to this section
30 in the following school year, and shall identify those districts for
31 which funds will first become available in such school year and are
32 required to form an advisory board and conduct a public hearing pursuant
33 to subdivision three of this section, provided that for grants for the
34 nineteen hundred ninety-eight--ninety-nine school year, such notice
35 shall be given on or before January thirty-first, nineteen hundred nine-
36 ty-eight, and for grants for the two thousand six--two thousand seven
37 school year, such notice shall be given on or before April thirtieth,
38 two thousand six.
39 § 6. Section 3602-e of the education law is amended by adding a new
40 subdivision 10-a to read as follows:
41 10-a. Supplemental prekindergarten aid. Notwithstanding any provision
42 of law to the contrary, in addition to amounts awarded pursuant to
43 subdivision ten of this section, for the two thousand six-two thousand
44 seven school year and thereafter, a school district shall be eligible
45 for an additional grant which shall be computed pursuant to this subdi-
46 vision.
47 a. For aid payable in the two thousand six-two thousand seven school
48 year and thereafter, school districts for which the number of aidable
49 prekindergarten pupils is greater than or equal to twenty shall be
50 eligible to receive an additional grant amount equal to the product of
51 aid per prekindergarten pupil and the lesser of: its aidable prekinder-
52 garten pupils, or the number of pupils served, provided however that a
53 city school district in a city having a population of one million or
54 more shall be eligible for an additional grant amount not to exceed
55 twenty-five million dollars.
56 b. For purposes of paragraph a of this subdivision:
S. 6458--C 15 A. 9558--B
1 (i) "aid per prekindergarten pupil" shall equal the greater of (A) the
2 sum of six hundred dollars and the product of four thousand dollars and
3 the adjusted sharing ratio, provided however that the aid per prekinder-
4 garten pupil is not less than two thousand seven hundred nor more than
5 four thousand dollars, or (B) the aid per kindergarten pupil calculated
6 pursuant to subdivision ten of this section for the two thousand--two
7 thousand one school year, based on data on file for the school aid
8 computer listing produced by the commissioner in support of the enacted
9 budget for the two thousand--two thousand one school year and entitled
10 "SA000-1";
11 (ii) "the adjusted sharing ratio" shall mean the product of the
12 district's state sharing ratio for comprehensive operating aid calcu-
13 lated pursuant to paragraph b of subdivision three of section thirty-six
14 hundred two of this article and the adjustment factor;
15 (iii) "the adjustment factor" shall be computed by adding to one the
16 quotient of (A) the positive remainder resulting when ninety-four
17 hundredths is subtracted from the quotient of the extraordinary needs
18 count computed pursuant to paragraph s of subdivision one of section
19 thirty-six hundred two of this article, divided by the district's base
20 year public school enrollment computed pursuant to paragraph n of subdi-
21 vision one of section thirty-six hundred two of this article, divided by
22 (B) forty-seven thousandths;
23 (iv) "aidable prekindergarten pupils" shall equal the product of: (A)
24 the unadjusted aidable prekindergarten pupils, (B) the percent of eligi-
25 ble applicants for the free and reduced price lunch program as defined
26 in paragraph p of subdivision one of section thirty-six hundred two of
27 this article, and (C) the applicable phase-in factor;
28 (v) the "phase-in factor" for the two thousand six--two thousand seven
29 school year shall be thirty-eight hundred forty-eight ten-thousandths
30 (0.3848) for all school districts;
31 (vi) "unserved prekindergarten pupils" shall mean the number of resi-
32 dent children who attain the age of four before December first of the
33 school year, but who will not be served during such school year by a
34 state-funded prekindergarten program, provided, however, that for a
35 summer prekindergarten program as authorized by paragraph 1 of subdivi-
36 sion twelve of this section, "eligible children" shall mean resident
37 children who are five years of age on or after December first of he year
38 in which they are enrolled or who will otherwise be first eligible to
39 enter public school kindergarten commencing with the current school
40 year;
41 (vii) "the number of pupils served" shall mean the unduplicated count
42 of eligible children registered to receive educational services pursuant
43 to this section in the school year prior to the base year, including the
44 weighted unduplicated count of eligible children registered to receive
45 educational services in a summer prekindergarten program as authorized
46 by paragraph 1 of subdivision twelve of this section;
47 (viii) "the prekindergarten pupil equivalent" shall mean the quotient
48 of the grant awarded pursuant to this section in the two thousand five-
49 -two thousand six school year, as computed based on data on file for the
50 school aid computer listing produced by the commissioner in February two
51 thousand six, divided by the aid per kindergarten pupil calculated
52 pursuant to subdivision ten of this section for the two thousand--two
53 thousand one school year, based on data on file for the school aid
54 computer listing produced by the commissioner in support of the enacted
55 budget for the two thousand--two thousand one school year and entitled
56 "SA000-1";
S. 6458--C 16 A. 9558--B
1 (ix) "unadjusted aidable prekindergarten pupils" shall mean the posi-
2 tive difference, if any, of the unserved prekindergarten pupils less the
3 lesser of the number of pupils served or the prekindergarten pupil
4 equivalent, provided, however, that if the district received a grant in
5 the base year pursuant to this section and if the number of pupils
6 served is equal to zero, then "unadjusted aidable prekindergarten
7 pupils" shall mean the positive difference, if any, of the unserved
8 prekindergarten pupils less the prekindergarten pupil equivalent.
9 c. In the event that the sum of the total grants awarded pursuant to
10 paragraph a of this subdivision is less than the sum of the total grants
11 computed and available to school districts pursuant to paragraph a of
12 this subdivision, then the commissioner may make prekindergarten expan-
13 sion awards to districts for additional programs and services for unad-
14 justed aidable prekindergarten pupils, based on applications submitted
15 pursuant to paragraph f of subdivision eight of this section, in a total
16 amount not to exceed the positive difference, if any, of such sum of the
17 total grants computed and available to school districts less such sum of
18 the total grants awarded pursuant to paragraph a of this subdivision.
19 d. Notwithstanding any other provision of this section, the total
20 grant payable pursuant to this section shall equal the lesser of: (i)
21 the total grant amounts computed pursuant to this subdivision and subdi-
22 vision ten of this section for the current year, as applicable, based on
23 data on file with the commissioner as of April thirtieth of the school
24 year for which such grants are payable or (ii) the total actual grant
25 expenditures incurred by the school district as approved by the commis-
26 sioner.
27 § 7. Paragraph 1 of subdivision 12 of section 3602-e of the education
28 law, as amended by section 38 of part C of chapter 57 of the laws of
29 2004, is amended to read as follows:
30 l. a process for the waiver of the time requirements established
31 pursuant to this subdivision in order to authorize the operation of a
32 summer universal prekindergarten program limited to the months of July
33 and August, upon a finding by the commissioner that the school district
34 is unable to operate the program during the regular school session
35 because of a lack of available space pursuant to regulations of the
36 commissioner. Notwithstanding any other provision of this section to the
37 contrary, such process shall provide for a reduction of the aid per
38 prekindergarten pupil payable for pupils served pursuant to such waiver
39 by one one-hundred eightieth of the aid per prekindergarten pupil deter-
40 mined pursuant to paragraph a of subdivision ten or subparagraph (i) of
41 paragraph b of subdivision ten-a of this section for each day less than
42 one hundred eighty days that the summer program is in session.
43 § 8. This act shall take effect July 1, 2006.
44 PART A-1
45 Section 1. Subdivision 8 of section 316 of the education law, as
46 amended by section 2 of part N of chapter 57 of the laws of 2005, is
47 amended to read as follows:
48 8. Funds provided each school year to school districts and boards of
49 cooperative educational services by the commissioner to plan, establish
50 and operate teacher resource and computer training centers shall not
51 exceed two million dollars per center, except that for the city school
52 district for the city of New York such center shall not exceed eleven
53 million two hundred fifty thousand dollars except for the [two thousand
54 five--two thousand six] two thousand six--two thousand seven school year
S. 6458--C 17 A. 9558--B
1 in which the city school district for the city of New York shall receive
2 an additional three million two hundred seventy-five thousand dollars;
3 and provided further that each approved center shall receive not less
4 than twenty thousand dollars. In any year in which there is a statewide
5 increase in funding for teacher resource and computer training centers,
6 such increase shall be distributed proportionately among existing
7 centers that have satisfactorily fulfilled the requirements of such
8 centers' current grant. A portion of the increase shall be made avail-
9 able to new applicants to establish new teacher centers, and to current
10 teacher centers to develop and implement regional and statewide teacher
11 center activities.
12 § 2. Subdivision 3 of section 408 of the education law, as amended by
13 chapter 414 of the laws of 1972, is amended to read as follows:
14 3. The commissioner [of education] shall approve the plans and spec-
15 ifications, heretofore or hereafter submitted pursuant to this section,
16 for the erection or purchase of any school building or addition thereto
17 or remodeling thereof on the site or sites selected therefor pursuant to
18 this chapter, if such plans conform to the requirements and provisions
19 of this chapter and the regulations of the commissioner adopted pursuant
20 to this chapter in all other respects; provided, however, that the
21 commissioner of education shall not approve the plans for the erection
22 or purchase of any school building or addition thereto unless the site
23 has been selected with reasonable consideration of the following
24 factors; its place in a comprehensive, long-term school building
25 program; area required for outdoor educational activities; educational
26 adaptability, environment, accessibility; soil conditions; initial and
27 ultimate cost. In developing such plans and specifications, school
28 districts are encouraged to review the energy conservation and saving
29 best practices available from the department and the New York state
30 energy research and development authority.
31 § 3. Subparagraph 4 of paragraph d of subdivision 5 of section 3202 of
32 the education law, as amended by chapter 474 of the laws of 1996, is
33 amended to read as follows:
34 (4) The education department shall reimburse the school district in
35 which such intermediate care facility is located for the full cost of
36 all nonfederally reimbursable services, which shall, notwithstanding any
37 inconsistent provision of law, include transportation services[,]
38 provided pursuant to a contract authorized by this paragraph. Such
39 reimbursement shall be for the period from [July] September first
40 through June thirtieth, [except that in the case of individualized resi-
41 dential alternatives,] and state reimbursement for July and August
42 programs shall be in accordance with subdivision one of section forty-
43 four hundred eight of this chapter. The provisions of subdivision two of
44 such section forty-four hundred eight shall apply to all July and August
45 programs provided pursuant to this section.
46 § 4. Paragraph (a) of subdivision 3 of section 2116-a of the education
47 law, as amended by chapter 263 of the laws of 2005, is amended to read
48 as follows:
49 (a) The school authorities of each school district, except those
50 employing fewer than eight teachers, but including the city school
51 districts of the cities of Buffalo and Rochester, shall obtain an annual
52 audit of its records by an independent certified public accountant or an
53 independent public accountant. The report of such annual audit shall be
54 presented to the trustees or board of education by such accountant. The
55 board of education of the city school district of the city of New York,
56 districts of such city shall obtain an annual audit by the comptroller
S. 6458--C 18 A. 9558--B
1 of the city of New York, or by an independent certified public account-
2 ant or an independent public accountant. Such city school district audit
3 shall include, but not be limited to, transactions processed at the
4 level of the central administrative office, the district, and the indi-
5 vidual school. The community districts of such city school district
6 shall obtain an annual audit by the bureau of audit of the board of
7 education of the city school district of the city of New York or by an
8 independent certified public accountant or an independent public
9 accountant. A copy of the audit report in form prescribed by the commis-
10 sioner and certified by the accountant, or, in the city school district
11 of the city of New York or the community districts therein, by the
12 accountant, or the comptroller or bureau of audit, as the case may be,
13 shall be furnished to the commissioner on or before October [thirtieth]
14 fifteenth following the end of the fiscal year audited, except that such
15 report shall be furnished to the commissioner on or before January first
16 following the end of the fiscal year audited for the city school
17 districts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and
18 New York and for the community school districts of the city of New York.
19 § 4-a. Section 3601 of the education law, as amended by section 7 of
20 part C of chapter 57 of the laws of 2004, is amended to read as follows:
21 § 3601. When apportioned and how applied. The amount annually appro-
22 priated by the legislature for general support for public schools, net
23 of disallowances, refunds, reimbursements and credits, shall be appor-
24 tioned by the commissioner each year prior to the dates of the respec-
25 tive final payments provided by law and all moneys so apportioned shall
26 be applied exclusively to school purposes authorized by law. General
27 state aid claims, on forms prescribed by the commissioner, shall be
28 submitted to the commissioner by September second of each school year,
29 except that the audit report required by subdivision three of section
30 twenty-one hundred sixteen-a of this chapter shall be submitted to the
31 commissioner by October [first] fifteenth following the close of the
32 school year audited for all districts other than the city school
33 districts of the cities of Buffalo, Rochester, Syracuse, Yonkers and New
34 York and by January first following the close of the school year audited
35 for such city school districts. No aid shall be paid to a school
36 district or board of cooperative educational services prior to the
37 submission of claims as required by the commissioner, except that no aid
38 certified as payable to a school district by the state board of real
39 property services pursuant to paragraph [c] (c) of subdivision three of
40 section thirteen hundred six-a of the real property tax law shall be
41 withheld due to the failure of the school district to submit general
42 state aid claims required by the commissioner, and except that no aids
43 shall be withheld due to the failure of a school district to submit the
44 audit report required by subdivision three of section twenty-one hundred
45 sixteen-a of this chapter until the thirtieth day following the due date
46 specified in this section for such report.
47 § 5. Clause (d) of subparagraph (i) of paragraph y of subdivision 1 of
48 section 3602 of the education law, as amended by section 11 of part C of
49 chapter 57 of the laws of 2004, is amended to read as follows:
50 (d) for aid payable in the two thousand three--two thousand four
51 [and], two thousand four--two thousand five and two thousand six--two
52 thousand seven school years, the product of the aid selected pursuant to
53 clause one of subparagraph b of paragraph six of subdivision nineteen of
54 this section in the base year and ninety-five hundredths.
S. 6458--C 19 A. 9558--B
1 § 6. Paragraph d of subdivision 6 of section 3602 of the education
2 law, as amended by section 14 of part L of chapter 405 of the laws of
3 1999, is amended to read as follows:
4 d. Additional apportionment of building aid for structural inspection
5 of school buildings. In addition to the foregoing apportionments made to
6 a school district under the provisions of this subdivision, the commis-
7 sioner is hereby authorized to apportion to any school district an
8 amount in accordance with this subdivision for structural inspections of
9 school buildings [used for instructional purposes] conducted pursuant to
10 sections four hundred nine-d and four hundred nine-e of this chapter and
11 the regulations of the commissioner implementing such sections. The
12 amount of such apportionment shall equal the product of the building aid
13 ratio defined pursuant to paragraph c of this subdivision and the actual
14 approved expenses incurred by the district in the base year for each
15 school building so inspected by a licensed architect or licensed profes-
16 sional engineer, provided that the amount of such apportionment shall
17 not exceed the structural inspection aid ceiling[, and provided further
18 that no state aid claim for the inspection of such building has been
19 submitted within the five years prior to the submission of a claim].
20 For inspections conducted in the nineteen hundred ninety-two--ninety-
21 three school year, the structural inspection aid ceiling shall be ten
22 thousand dollars. For inspections conducted in the nineteen hundred
23 ninety-three--ninety-four school year and thereafter, the inspection aid
24 ceiling shall be ten thousand dollars plus an amount computed by the
25 commissioner in accordance with regulations adopted for such purpose, on
26 the basis of an index number reflecting changes in the costs of labor
27 and materials from July first, nineteen hundred ninety-three.
28 § 7. Subparagraph 1 of paragraph a of subdivision 6-d of section 3602
29 of the education law, as amended by section 18 of part C of chapter 57
30 of the laws of 2004, is amended to read as follows:
31 (1) Moneys appropriated to the department for the extraordinary school
32 capital needs program for New York city shall be used in accordance with
33 the provisions of this subdivision. In addition to apportionments other-
34 wise provided by this section, for aid payable in the school years nine-
35 teen hundred ninety-eight--ninety-nine through [two thousand four--two
36 thousand five] two thousand six--two thousand seven, the commissioner
37 may annually approve an application from the board of education of the
38 city school district of the city of New York for funds in an amount not
39 to exceed thirty-three million three hundred thirty thousand dollars,
40 and for aid payable in the [two thousand five--two thousand six] two
41 thousand seven--two thousand eight school year and thereafter, the
42 commissioner may approve an application from the board of education of
43 the city school district of the city of New York for funds in an amount
44 not to exceed fifty-three million three hundred twenty-eight thousand
45 dollars, to repair public instructional school facilities based on
46 priorities set by each community school district superintendent and, in
47 the case of high schools and special education buildings, the chancel-
48 lor, in New York city.
49 § 8. Subparagraph 1 of paragraph b of subdivision 6-d of section 3602
50 of the education law, as amended by section 19 of part C of chapter 57
51 of the laws of 2004, is amended to read as follows:
52 (1) Moneys appropriated to the department for the extraordinary school
53 capital needs program for school districts outside of New York city
54 shall be used in accordance with the provisions of this subdivision. In
55 addition to apportionments otherwise provided by this section, for aid
56 payable in the school years nineteen hundred ninety-eight--ninety-nine
S. 6458--C 20 A. 9558--B
1 through [two thousand four--two thousand five] two thousand six--two
2 thousand seven, the commissioner may annually approve an application
3 from each school district in the state, except for the city school
4 district of the city of New York, for an apportionment of aid for repair
5 of public instructional school facilities under this subdivision, the
6 sum of which shall not exceed sixteen million six hundred seventy thou-
7 sand dollars for any school year, and for aid payable in the school year
8 [two thousand five--two thousand six] two thousand seven--two thousand
9 eight and thereafter, the commissioner may approve an application from
10 each school district in the state, except for the city school district
11 of the city of New York, for an apportionment of aid for repair of
12 public instructional school facilities under this subdivision, the sum
13 of which shall not exceed twenty-six million six hundred seventy-two
14 thousand dollars. Notwithstanding any provision of this subdivision to
15 the contrary, the commissioner shall develop an expedited application
16 process for school districts with apportionments of aid for repair of
17 less than twenty-five thousand dollars.
18 § 9. Paragraph c of subdivision 6-d of section 3602 of the education
19 law, as amended by section 20 of part C of chapter 57 of the laws of
20 2004, is amended to read as follows:
21 c. In the event the appropriation for purposes of this subdivision in
22 any year is insufficient to pay all claims received pursuant to this
23 subdivision, the commissioner shall pay such claims on a prorated basis
24 among all districts filing such claims until the appropriation is
25 exhausted. For aid payable in the nineteen hundred ninety-eight--nine-
26 ty-nine through the two thousand four--two thousand five school years,
27 and in the two thousand six--two thousand seven school year, the aid
28 payable pursuant to this subdivision shall not exceed fifty million
29 dollars ($50,000,000), and for the [two thousand five--two thousand six]
30 two thousand seven--two thousand eight school year and thereafter the
31 aid payable pursuant to this subdivision shall not exceed eighty million
32 dollars ($80,000,000).
33 § 10. Subdivision 6-e of section 3602 of the education law, as added
34 by section 19 of part C of chapter 58 of the laws of 1998, is amended to
35 read as follows:
36 6-e. Additional apportionment of building aid for building condition
37 surveys of school buildings. In addition to the apportionments payable
38 to a school district pursuant to subdivision six of this section, the
39 commissioner is hereby authorized to apportion to any school district
40 additional building aid in accordance with this subdivision for its
41 approved expenses in the base year for building condition surveys of
42 school buildings [used for instructional purposes] that are conducted
43 pursuant to this subdivision and subdivision four of section thirty-six
44 hundred forty-one of this article. The amount of such apportionment
45 shall equal the product of the building aid ratio defined pursuant to
46 paragraph c of subdivision six of this section and the actual approved
47 expenses incurred by the district in the base year for each school
48 building so inspected, provided that the amount of such apportionment
49 shall not exceed the building condition survey aid ceiling[, and
50 provided further that no state aid claim for the survey of such building
51 has been submitted within the five years prior to the submission of a
52 claim]. For surveys conducted in the nineteen hundred ninety-eight--ni-
53 nety-nine school year, the building condition aid ceiling shall be twen-
54 ty cents gross per square foot of floor area. For surveys conducted in
55 the nineteen hundred ninety-nine--two thousand school year and thereaft-
56 er, the inspection aid ceiling shall be twenty cents gross per square
S. 6458--C 21 A. 9558--B
1 foot of floor area, plus an amount computed by the commissioner in
2 accordance with regulations adopted for such purpose, on the basis of an
3 index number reflecting changes in the costs of labor and materials from
4 July first, nineteen hundred ninety-eight.
5 § 11. Subparagraph 1 of paragraph f of subdivision 12 of section 3602
6 of the education law, as amended by section 5 of part L of chapter 57 of
7 the laws of 2005, is amended to read as follows:
8 (1) Calculation of set aside for attendance improvement and dropout
9 prevention. The set aside for attendance improvement and dropout
10 prevention shall be calculated based on data on file with the commis-
11 sioner as of the first day of July of the current year and shall equal
12 the product of (i) three hundred twenty-five dollars, (ii) the
13 district's base year enrollment and (iii) the remainder resulting when
14 such attendance ratio is subtracted from one; after taking into account
15 the provisions of paragraph c of subdivision eighteen of this section;
16 provided, however, that for a city school district in a city with a
17 population in excess of one million inhabitants, three hundred thirty-
18 five dollars shall be substituted for three hundred twenty-five dollars
19 and provided further that notwithstanding the amount of set aside so
20 calculated, for aid payable in the nineteen hundred ninety-six--ninety-
21 seven school year through the two thousand--two thousand one school year
22 and for the two thousand three--two thousand four school year through
23 the [two thousand five--two thousand six] two thousand six--two thousand
24 seven school year, such set aside shall equal the amount set aside in
25 the base year and for aid payable in the two thousand two--two thousand
26 three school year, such set aside shall equal the amount set aside
27 pursuant to this paragraph in the year prior to the base year; provided
28 further that the provisions of this paragraph shall apply only if the
29 product of clauses (ii) and (iii) of this subparagraph exceeds four
30 hundred sixty-one.
31 § 12. Subparagraph 6 of paragraph f of subdivision 12 of section 3602
32 of the education law, as amended by section 6 of part L of chapter 57 of
33 the laws of 2005, is amended to read as follows:
34 (6) A school district which spends less in local funds during the
35 current year than in the base year for the purposes of conducting
36 programs to improve student attendance and student retention, as defined
37 by regulation of the commissioner, shall have its apportionment under
38 this section reduced in an amount equal to such deficiency in the
39 current year or the succeeding school year. In addition, a district
40 which spends any part of its total annual set aside attributable to such
41 purposes in an unauthorized manner in the base year shall have its
42 current year apportionment under this section reduced in an amount equal
43 to the amount of such unauthorized expenditures. In no event shall the
44 reductions assessed pursuant to this clause on the current year appor-
45 tionment under this section, be deducted from the set asides required
46 pursuant to this subdivision. For the [two thousand five--two thousand
47 six] two thousand six--two thousand seven school year, it is further
48 provided that any city school district in a city having a population of
49 more than one million shall allocate at least one-third of any increase
50 from base year levels in funds set aside pursuant to the requirements of
51 this paragraph to community-based organizations. Any increase required
52 pursuant to this subparagraph to community-based organizations must be
53 in addition to allocations provided to community-based organizations in
54 the base year.
S. 6458--C 22 A. 9558--B
1 § 13. Clause (vi) of subparagraph 1 of paragraph c of subdivision 14
2 of section 3602 of the education law, as amended by section 12-c of part
3 L of chapter 57 of the laws of 2005, is amended to read as follows:
4 (vi) where such proposed reorganization includes at least two school
5 districts employing eight or more teachers forming a central high school
6 district pursuant to section nineteen hundred thirteen of this chapter,
7 beginning with July first, nineteen hundred sixty-five or the first
8 school year of operation as a reorganized district after such date, such
9 reorganized school district shall be entitled to an additional appor-
10 tionment of twenty-five per centum of the sum of: (A) its apportionment
11 as provided in subdivision six of this section whenever such apportion-
12 ment is computed on the basis of its approved base year expenditures for
13 capital outlay from its general, capital, or a reserve fund incurred
14 prior to July first, two thousand one, or on the basis of its approved
15 base year expenditures for capital outlay from its general, capital or a
16 reserve fund incurred in the two thousand one--two thousand two school
17 year and computed pursuant to subdivision six of this section as if such
18 expenditures were aidable under such subdivision, and current year
19 approved expenditures for debt service for school building purposes and
20 (B) its apportionment as provided in subdivision six of this section,
21 the general contracts for which shall have been awarded on or after the
22 date this act takes effect and prior to July first, two thousand [six]
23 eight or within ten years from the effective date of reorganization,
24 whichever is later as provided in subdivision six of this section, and
25 which said sum shall be payable for and during the terms of any indebt-
26 edness created for the purpose of financing such construction or other
27 facility as aforesaid, provided however, that in no event may the total
28 apportionment under this paragraph, under subdivision twelve of section
29 thirty-six hundred forty-one of this article, and under subdivisions six
30 and six-f of this section for any project exceed the product of (1)
31 ninety-eight percent for a high need school district, as defined pursu-
32 ant to guidelines of the commissioner for the two thousand five--two
33 thousand six school year, for all school building projects approved by
34 the voters of the school district or by the board of education of a city
35 school district in a city with more than one hundred twenty-five thou-
36 sand inhabitants, and/or the chancellor in a city school district in a
37 city having a population of one million or more, on or after July first,
38 two thousand five, or ninety-five per cent for any other school building
39 project or school district, multiplied by (2) the sum of the base year
40 approved expenditures for capital outlay for school building purposes
41 from the general fund, capital fund or from a reserve fund, and current
42 year approved expenditures for debt service for such purposes for such
43 project.
44 § 14. Intentionally omitted.
45 § 15. Clause 1 of subparagraph b of paragraph 1 of subdivision 19 of
46 section 3602 of the education law, as amended by section 30 of part C of
47 chapter 57 of the laws of 2004, is amended to read as follows:
48 (1) The attendance of pupils who have been determined by a committee
49 on special education either to require placement for sixty per centum or
50 more of the school day in a special class, or to require home or hospi-
51 tal instruction for a period of more than sixty days, or to require
52 special services or programs for more than sixty per centum of the
53 school day shall be multiplied by a special services weighting. The
54 special services weighting shall be one and seven-tenths, provided,
55 however, that solely for the purposes of calculation of an apportionment
56 pursuant to this subdivision, such special services weighting shall be:
S. 6458--C 23 A. 9558--B
1 (i) for aid payable in the nineteen hundred ninety-nine--two thousand
2 and two thousand--two thousand one school years, one and seven-tenths;
3 (ii) for aid payable in the two thousand one--two thousand two and two
4 thousand two--two thousand three school years, one and sixty-eight
5 hundredths;
6 (iii) for aid payable in the two thousand three--two thousand four
7 [and], two thousand four--two thousand five and two thousand six--two
8 thousand seven school years, one and sixty-five hundredths;
9 § 16. Paragraph a-1 of subdivision 24 of section 3602 of the education
10 law, as amended by section 8 of part L of chapter 57 of the laws of
11 2005, is amended to read as follows:
12 a-1. Notwithstanding the provisions of paragraph a of this subdivi-
13 sion, for aid payable in the school years two thousand--two thousand one
14 through [two thousand five--two thousand six] two thousand six--two
15 thousand seven, the commissioner may set aside an amount not to exceed
16 two million five hundred thousand dollars from the funds appropriated
17 for purposes of this subdivision for the purpose of serving persons
18 twenty-one years of age or older who have not been enrolled in any
19 school for the preceding school year, including persons who have
20 received a high school diploma or high school equivalency diploma but
21 fail to demonstrate basic educational competencies as defined in regu-
22 lation by the commissioner, when measured by accepted standardized
23 tests, and who shall be eligible to attend employment preparation educa-
24 tion programs operated pursuant to this subdivision.
25 § 17. Paragraph e of subdivision 24 of section 3602 of the education
26 law, as amended by section 9 of part L of chapter 57 of the laws of
27 2005, is amended to read as follows:
28 e. Employment preparation education apportionment. In addition to any
29 other aid payable under this section, the apportionment pursuant to this
30 subdivision shall be the product obtained when the employment prepara-
31 tion education hours are multiplied by the aid per contact hour which
32 shall equal the product of the employment preparation program aid ceil-
33 ing and the employment preparation education aid ratio computed to two
34 decimals, rounded, as calculated based on data on file with the commis-
35 sioner on May fifteenth of the base year. Notwithstanding the provisions
36 of section thirty-six hundred nine-a of this part, the payment of such
37 apportionment shall be based upon reports required by the commissioner
38 for the periods ending December thirty-first, and June thirtieth of each
39 school year; payments for the first reporting period shall be made after
40 April first, based on claims on file by March first, provided that the
41 total of all such payments shall not exceed twenty-five percent of the
42 amount for such school year, with the approved amount of such claims
43 reduced on a pro rata basis if necessary; the remainder of any payments
44 due for the first period plus any payments due for the rest of the
45 school year shall be paid after October first, based on claims on file
46 by September fifteenth, provided that the total of such payments shall
47 not exceed the total amount of ninety-six million one hundred eighty
48 thousand dollars ($96,180,000) for such school year, with the approved
49 amount of such claims reduced on a pro rata basis if necessary,
50 provided, however, that for the nineteen hundred ninety-five--ninety-six
51 school year such total amount shall not exceed ninety-four million one
52 hundred eighty thousand dollars ($94,180,000), and provided further that
53 for the two thousand three--two thousand four school year such total
54 amount shall not exceed eighty-four million dollars ($84,000,000) and
55 further provided that the total of such payment for services provided to
56 persons who received a high school diploma or a high school equivalency
S. 6458--C 24 A. 9558--B
1 diploma recognized by New York state shall not exceed the total amount
2 set aside for such purpose pursuant to paragraph a-one of this subdivi-
3 sion in any such school year, with the approved amount of such claims
4 reduced on a pro rata basis if necessary, and provided further that for
5 the two thousand four--two thousand five school year such total amount
6 shall not exceed ninety million dollars ($90,000,000) with the approved
7 amount of such claims reduced on a pro rata basis if necessary, and
8 provided further that for the two thousand five--two thousand six and
9 two thousand six--two thousand seven school [year] years such total
10 amount shall not exceed ninety-six million dollars ($96,000,000) with
11 the approved amount of such claims reduced on a pro rata basis if neces-
12 sary; and aid paid pursuant to this paragraph shall not be included in
13 the computation of the district expenditure need as defined in such
14 section thirty-six hundred nine-a of this part. The employment prepara-
15 tion education apportionment for the city school district of the city of
16 New York shall be computed only for the city as a whole.
17 § 18. Paragraph g of subdivision 31-a of section 3602 of the education
18 law, as amended by section 35 of part C of chapter 57 of the laws of
19 2004, is amended to read as follows:
20 g. Notwithstanding any inconsistent provisions of this subdivision, in
21 a school year in which the maximum increase in the aids subject to tran-
22 sition pursuant to subdivision eighteen of this section is equal to zero
23 and for aid payable in the nineteen hundred ninety-six--ninety-seven
24 school year, the number of years on save harmless shall not increase and
25 aid payable in the current year shall equal aid payable in the base
26 year. Notwithstanding the provisions of this section or of section thir-
27 ty-four of part B of chapter one hundred forty-nine of the laws of two
28 thousand one, for aid payable during the [two thousand four--two thou-
29 sand five] two thousand six--two thousand seven school year, aid payable
30 pursuant to this section shall equal that payable pursuant to this
31 section in the base year.
32 § 19. Intentionally omitted.
33 § 20. Subparagraph 2 of paragraph b of subdivision 36 of section 3602
34 of the education law, as amended by section 36 of part C of chapter 57
35 of the laws of 2004, is amended to read as follows:
36 (2) "Increase in aid" shall mean the positive remainder resulting when
37 the comprehensive operating aids base is subtracted from the current
38 year aid for limiting as defined in subparagraph one of paragraph a of
39 subdivision eighteen of this section, provided, however, that for the
40 purposes of calculating an apportionment pursuant to this subdivision
41 for the two thousand three--two thousand four [and], two thousand four-
42 -two thousand five and two thousand six--two thousand seven school
43 years, "increase in aid" shall mean the positive remainder resulting
44 when an amount equal to the districts' comprehensive operating aids base
45 as if such comprehensive operating aids base had been calculated for
46 such year pursuant to paragraph j of subdivision one of this section is
47 subtracted from the current year aid for limiting as defined in subpara-
48 graph one of paragraph a of subdivision eighteen of this section.
49 § 21. Paragraph l of subdivision 37 of section 3602 of the education
50 law, as amended by section 37 of part C of chapter 57 of the laws of
51 2004, is amended to read as follows:
52 l. Notwithstanding the provisions of paragraphs c, f and g of this
53 subdivision, in the two thousand two--two thousand three through the two
54 thousand four--two thousand five, and two thousand six--two thousand
55 seven school years, each school district shall be eligible to receive
S. 6458--C 25 A. 9558--B
1 the amount such district was eligible for pursuant to this section in
2 the two thousand--two thousand one school year.
3 § 22. Subdivision 11 and paragraph b of subdivision 12 of section
4 3602-e of the education law, as amended by section 11 of part L of chap-
5 ter 57 of the laws of 2005, are amended to read as follows:
6 11. Notwithstanding the provisions of [subdivision] subdivisions ten
7 and ten-a of this section, where less in local funds is expended during
8 the current year than in the base year for prekindergarten services to
9 eligible children, the school district shall have its apportionment
10 reduced in an amount equal to such deficiency in the current year or in
11 the succeeding school year, as determined by the commissioner, except
12 for the school years nineteen hundred ninety-nine--two thousand through
13 [two thousand five--two thousand six] two thousand six--two thousand
14 seven, such reduction shall not apply to school districts which have
15 fully implemented a universal pre-kindergarten program by serving all
16 eligible children in the nineteen hundred ninety-eight--ninety-nine
17 school year. Expenses incurred by the school district in implementing a
18 pre-kindergarten program plan pursuant to this subdivision shall be
19 deemed ordinary contingent expenses.
20 b. transitional guidelines and rules which allow a program to meet the
21 required staff qualifications by the start of school year [two thousand
22 six--two thousand seven] two thousand seven--two thousand eight;
23 § 23. Subdivision 17 of section 3602-e of the education law, as
24 amended by section 39 of part C of chapter 57 of the laws of 2004, is
25 amended to read as follows:
26 17. Notwithstanding the provisions of this section, for aid payable in
27 the two thousand two--two thousand three through the two thousand four-
28 -two thousand five, and two thousand six--two thousand seven school
29 years, each school district shall be eligible to receive a grant award
30 in an amount not to exceed the maximum prekindergarten grant award which
31 shall be the sum of (i) the amount set forth for such school district
32 for the two thousand one--two thousand two school year on the computer
33 listing produced by the commissioner in support of the executive budget
34 request for such year and entitled "BT032-1" under the heading, "PREKIN-
35 DERGARTEN", plus (ii) for those districts that were eligible to receive
36 a supplemental grant award for the purposes of this section pursuant to
37 part B of chapter 149 of the laws of 2001, an amount equal to the posi-
38 tive difference between the amount the school district was eligible to
39 receive based on data on file with the commissioner on February
40 fifteenth, two thousand and the amount set forth for the purposes of
41 grants pursuant to this section for such school district for the two
42 thousand one--two thousand two school year in such computer listing
43 entitled "BT032-1". Provided, however, that a school district receiving
44 aid under this section shall be required to comply with all district
45 plans and other requirements under this section for the receipt of
46 funds.
47 § 24. The opening paragraph of section 3609-a of the education law, as
48 amended by section 14 of part L of chapter 57 of the laws of 2005, is
49 amended to read as follows:
50 For aid payable in the two thousand four--two thousand five school
51 year and thereafter, "moneys apportioned" shall mean the lesser of (i)
52 the sum of one hundred percent of the respective amount set forth for
53 each school district as payable pursuant to this section in the school
54 aid computer listing for the current year produced by the commissioner
55 in support of the budget which includes the appropriation for the gener-
56 al support for public schools for the prescribed payments and individ-
S. 6458--C 26 A. 9558--B
1 ualized payments due prior to April first for the current year plus the
2 miscellaneous general aid apportionments which shall include: apportion-
3 ments payable during the current school year pursuant to paragraph g of
4 subdivision two, subdivision five and subdivision thirty-six of section
5 thirty-six hundred two of this part minus any reductions to current year
6 aids pursuant to subdivision seven of section thirty-six hundred four of
7 this part or any deduction from apportionment payable pursuant to this
8 chapter for collection of a school district basic contribution as
9 defined in subdivision eight of section forty-four hundred one of this
10 chapter, less any grants provided pursuant to subdivision twelve of
11 section thirty-six hundred forty-one of this article, or (ii) the appor-
12 tionment calculated by the commissioner based on data on file at the
13 time the payment is processed; provided however, that for the purposes
14 of any payments to be made for the months of April, May or June of the
15 two thousand five--two thousand six school year such calculation shall
16 be based on the school aid computer listing for the current year using
17 updated data at the time of each payment; provided however, that for the
18 purposes of any payments made pursuant to this section prior to the
19 first business day of June of the current year, moneys apportioned shall
20 not include any aids payable pursuant to subdivisions six and fourteen,
21 if applicable, of section thirty-six hundred two of this part as current
22 year aid for debt service on bond anticipation notes and/or bonds first
23 issued in the current year or any aids payable as growth aid for the
24 current year pursuant to subdivision thirteen of section thirty-six
25 hundred two of this part or any aids payable for full-day kindergarten
26 for the current year pursuant to subdivision twelve-a of section thir-
27 ty-six hundred two of this part. The definitions of "base year" and
28 "current year" as set forth in subdivision one of section thirty-six
29 hundred two of this part shall apply to this section. For aid payable in
30 the [two thousand five--two thousand six] two thousand six--two thousand
31 seven school year, reference to such "school aid computer listing for
32 the current year" shall mean the printouts [entitled "SA0506"] entitled
33 "SA0607".
34 § 25. Paragraphs a, b, c, d, e and f of subdivision 2 of section
35 3609-e of the education law, as amended by section 13 of part L of chap-
36 ter 57 of the laws of 2005, are amended to read as follows:
37 a. October payment for aids payable in the nineteen hundred ninety-
38 eight--ninety-nine through two thousand two--two thousand three school
39 years and the two thousand four--two thousand five through [two thousand
40 five--two thousand six] two thousand six--two thousand seven school
41 years. On or before October fifteenth, a portion of the school tax
42 relief aid payable to the school district for the current year shall be
43 paid equal to the product of the school tax relief aid and thirty-five
44 one-hundredths.
45 b. October payment for aids payable in the two thousand three--two
46 thousand four school year, and the [two thousand six--two thousand
47 seven] two thousand seven--two thousand eight school year and thereaft-
48 er. On or before October fifteenth, a portion of the school tax relief
49 aid payable to the school district for the current year, not to exceed
50 one hundred percent of such aid payable, shall be paid equal to the
51 product of the amount of tax levy and the positive difference, if any,
52 of the STAR portion of the tax levy minus the product of twenty-five
53 one-hundredths and the phase-in factor.
54 c. November payment for the aids payable in the nineteen hundred nine-
55 ty-eight--ninety-nine through two thousand two--two thousand three
56 school years and the two thousand four--two thousand five through [two
S. 6458--C 27 A. 9558--B
1 thousand five--two thousand six] two thousand six--two thousand seven
2 school years. On or before November fifteenth, a portion of the school
3 tax relief aid payable to the school district for the current year shall
4 be paid equal to the product of the school tax relief aid and seventy-
5 one hundredths less any payments made pursuant to paragraph a of this
6 subdivision.
7 d. November payment for aids payable in the two thousand three--two
8 thousand four school year, and the [two thousand six--two thousand
9 seven] two thousand seven--two thousand eight school year and thereaft-
10 er. On or before November fifteenth, a portion of the school tax relief
11 aid payable to the school district for the current year, not to exceed
12 one hundred percent of such aid payable, shall be paid equal to: (i) the
13 product of the amount of tax levy and the positive difference, if any,
14 of the STAR portion of the tax levy minus the product of twenty one
15 hundredths and the phase-in factor less (ii) any payments made pursuant
16 to paragraph b of this subdivision.
17 e. December payment for aids payable in the nineteen hundred ninety-
18 eight--ninety-nine through two thousand two--two thousand three school
19 years and the two thousand four--two thousand five through [two thousand
20 five--two thousand six] two thousand six--two thousand seven school
21 years. On or before December fifteenth, a portion of the school tax
22 relief aid payable to the school district for the current year shall be
23 paid equal to the product of the school tax relief aid and eighty one-
24 hundredths less any payments made pursuant to paragraphs a and c of this
25 subdivision.
26 f. December payment for aids payable in the two thousand three--two
27 thousand four school year, and the [two thousand six--two thousand
28 seven] two thousand seven--two thousand eight school year and thereaft-
29 er. On or before December fifteenth, a portion of the school tax relief
30 aid payable to the school district for the current year, not to exceed
31 one hundred percent of such aid payable, shall be paid equal to: (i) the
32 product of the amount of tax levy and the positive difference, if any,
33 of the STAR portion of the tax levy minus the product of fifteen one-
34 hundredths and the phase-in factor less (ii) any payments made pursuant
35 to paragraphs b and d of this subdivision.
36 § 26. Paragraph b of subdivision 2 of section 3612 of the education
37 law, as amended by section 36 of part L of chapter 57 of the laws of
38 2005, is amended to read as follows:
39 b. Such grants shall be awarded to school districts, within the limits
40 of funds appropriated therefor, through a competitive process that takes
41 into consideration the magnitude of any shortage of teachers in the
42 school district, the number of teachers employed in the school district
43 who hold temporary licenses to teach in the public schools of the state,
44 the number of provisionally certified teachers, the fiscal capacity and
45 geographic sparsity of the district, the number of new teachers the
46 school district intends to hire in the coming school year and the number
47 of summer in the city student internships proposed by an eligible school
48 district, if applicable. Grants provided pursuant to this section shall
49 be used only for the purposes enumerated in this section. Notwithstand-
50 ing any other provision of law to the contrary, a city school district
51 in a city having a population of one million or more inhabitants receiv-
52 ing a grant pursuant to this section may use no more than eighty percent
53 of such grant funds for any recruitment, retention and certification
54 costs associated with transitional certification of teacher candidates
55 for the school years two thousand one--two thousand two through [two
56 thousand five--two thousand six] two thousand six--two thousand seven.
S. 6458--C 28 A. 9558--B
1 § 27. Paragraph b of subdivision 4 of section 3641 of the education
2 law, as added by section 48 of part C of chapter 58 of the laws of 1998,
3 is amended to read as follows:
4 b. Building condition surveys. To be eligible for aid pursuant to
5 subdivision six-e of section thirty-six hundred two of this article,
6 building condition surveys shall be conducted by a licensed architect or
7 licensed professional engineer performing under a state contract entered
8 into pursuant to paragraph c of this subdivision, shall assess the
9 condition of all major building systems of a school building [used for
10 instructional purposes], and shall be in the form and contain the infor-
11 mation prescribed by the commissioner. For purposes of this paragraph,
12 "major building systems" shall mean the electrical, plumbing, heating,
13 ventilation and air conditioning systems, and the roof and other major
14 structural elements of a school building.
15 § 28. Paragraphs a and b of subdivision 5 of section 3641 of the
16 education law, as amended by section 48 of part C of chapter 57 of the
17 laws of 2004, are amended to read as follows:
18 a. In addition to apportionments otherwise provided by section thir-
19 ty-six hundred two of this article, for aid payable in the school year
20 [two thousand four--two thousand five] two thousand six--two thousand
21 seven, the amounts specified in paragraph b of this subdivision shall be
22 paid for the purposes of the development, maintenance or expansion of
23 magnet schools and magnet school programs provided, however that any
24 school district in a city of one million or more inhabitants which an
25 additional apportionment is provided in the two thousand four--two thou-
26 sand five school year which spends less in local funds during the
27 current year than in the base year for magnet schools or magnet school
28 programs shall have its apportionment reduced in an amount equal to such
29 deficiency in the current year or in the succeeding school year. It is
30 provided further that no apportionment provided pursuant to this section
31 shall be used for any costs associated with the administration of this
32 program by the board of education of the city of New York.
33 b. To the city school district of the city of New York there shall be
34 paid forty-eight million one hundred seventy-five thousand dollars
35 ($48,175,000) including five hundred thousand dollars ($500,000) for the
36 Andrew Jackson High School; to the Buffalo city school district, seven-
37 teen million twenty-five thousand dollars ($17,025,000); to the Roches-
38 ter city school district, eleven million dollars ($11,000,000); to the
39 Syracuse city school district, eleven million dollars ($11,000,000); to
40 the Yonkers city school district, twenty-nine million five hundred thou-
41 sand dollars ($29,500,000); to the Newburgh city school district, four
42 million six hundred forty-five thousand dollars ($4,645,000); to the
43 Poughkeepsie city school district, [one] two million [nine] four hundred
44 seventy-five thousand dollars [($1,975,000)] ($2,475,000); to the Mount
45 Vernon city school district, two million dollars ($2,000,000); to the
46 New Rochelle city school district, one million four hundred ten thousand
47 dollars ($1,410,000); to the Schenectady city school district, one
48 million eight hundred thousand dollars ($1,800,000); to the Port Chester
49 city school district, one million one hundred fifty thousand dollars
50 ($1,150,000); to the White Plains city school district, nine hundred
51 thousand dollars ($900,000); to the Niagara Falls city school district,
52 six hundred thousand dollars ($600,000); to the Albany city school
53 district, two million fifty thousand dollars ($2,050,000); to the Utica
54 city school district, one million [two] seven hundred thousand dollars
55 [($1,200,000)] ($1,700,000); to the Beacon city school district, three
56 hundred sixty-six thousand dollars ($366,000); to the Middletown city
S. 6458--C 29 A. 9558--B
1 school district, four hundred thousand dollars ($400,000); to the Free-
2 port union free school district, four hundred thousand dollars
3 ($400,000); to the Greenburgh central school district, three hundred
4 thousand dollars ($300,000); to the Amsterdam city school district, five
5 hundred thousand dollars ($500,000); and to the Peekskill city school
6 district, two hundred thousand dollars ($200,000).
7 § 29. Paragraph a of subdivision 6 of section 3641 of the education
8 law, as amended by section 50 of part C of chapter 57 of the laws of
9 2004, is amended to read as follows:
10 a. In addition to apportionments otherwise provided by section thir-
11 ty-six hundred two of this article, for aid payable in the [two thousand
12 four--two thousand five] two thousand six--two thousand seven school
13 year the amounts specified in paragraph b of this subdivision shall be
14 paid for the purpose of improving reading, mathematics and academic
15 performance.
16 § 30. Paragraph a of subdivision 7 of section 3641 of the education
17 law, as amended by section 51 of part C of chapter 57 of the laws of
18 2004, is amended to read as follows:
19 a. In addition to apportionments otherwise provided by section thir-
20 ty-six hundred two of this article, for aid payable in the [two thousand
21 four--two thousand five] two thousand six--two thousand seven school
22 year the amounts specified in paragraph b of this subdivision shall be
23 paid for programs for improving pupil performance pursuant to regu-
24 lations of the commissioner.
25 § 31. Subdivision 6 of section 4402 of the education law, as amended
26 by section 22 of part L of chapter 57 of the laws of 2005, is amended to
27 read as follows:
28 6. Notwithstanding any other law, rule or regulation to the contrary,
29 the board of education of a city school district with a population of
30 one hundred twenty-five thousand or more inhabitants shall be permitted
31 to establish maximum class sizes for special classes for certain
32 students with disabilities in accordance with the provisions of this
33 subdivision. For the purpose of obtaining relief from any adverse fiscal
34 impact from under-utilization of special education resources due to low
35 student attendance in special education classes at the middle and
36 secondary level as determined by the commissioner, such boards of educa-
37 tion shall, during the school years nineteen hundred ninety-five--nine-
38 ty-six through June thirtieth, two thousand [six] seven of the [two
39 thousand five--two thousand six] two thousand six--two thousand seven
40 school year, be authorized to increase class sizes in special classes
41 containing students with disabilities whose age ranges are equivalent to
42 those of students in middle and secondary schools as defined by the
43 commissioner for purposes of this section by up to but not to exceed one
44 and two tenths times the applicable maximum class size specified in
45 regulations of the commissioner rounded up to the nearest whole number,
46 provided that in a city school district having a population of one
47 million or more, classes that have a maximum class size of fifteen may
48 be increased by no more than one student and provided that the projected
49 average class size shall not exceed the maximum specified in the appli-
50 cable regulation, provided that such authorization shall terminate on
51 June thirtieth, two thousand. Such authorization shall be granted upon
52 filing of a notice by such a board of education with the commissioner
53 stating the board's intention to increase such class sizes and a certif-
54 ication that the board will conduct a study of attendance problems at
55 the secondary level and will implement a corrective action plan to
56 increase the rate of attendance of students in such classes to at least
S. 6458--C 30 A. 9558--B
1 the rate for students attending regular education classes in secondary
2 schools of the district. Such corrective action plan shall be submitted
3 for approval by the commissioner by a date during the school year in
4 which such board increases class sizes as provided pursuant to this
5 subdivision to be prescribed by the commissioner. Upon at least thirty
6 days notice to the board of education, after conclusion of the school
7 year in which such board increases class sizes as provided pursuant to
8 this subdivision, the commissioner shall be authorized to terminate such
9 authorization upon a finding that the board has failed to develop or
10 implement an approved corrective action plan.
11 § 32. Subdivision 1 of section 4408 of the education law, as amended
12 by chapter 474 of the laws of 1996, is amended to read as follows:
13 1. State aid. [Except as otherwise provided in paragraph d of subdivi-
14 sion five of section thirty-two hundred two of this chapter, the] The
15 commissioner shall make payments for approved July and August programs
16 for students with disabilities in accordance with this section in an
17 amount equal to eighty percent of the sum of the approved tuition and
18 maintenance rates and the transportation expense for the current year
19 enrollment of students with disabilities ages five through twenty-one or
20 students eligible for services during July and August pursuant to arti-
21 cle eighty-five, eighty-seven or eighty-eight of this chapter, where
22 such costs are determined pursuant to section forty-four hundred five of
23 this article, provided that the placement of such students was approved
24 by the commissioner, if required. Such programs shall operate for six
25 weeks and shall be funded for thirty days of service, provided, however,
26 that the observance of the legal holiday for Independence day may
27 constitute a day of service. Upon certification by the school district
28 in which the student resides, that such services were provided, such
29 payment shall be made to the provider of such services, in accordance
30 with the provisions of subdivision three of this section.
31 § 33. Subdivision 3 of section 4408 of the education law, as amended
32 by section 53 of part C of chapter 57 of the laws of 2004, is amended to
33 read as follows:
34 3. Payment schedule. For aid payable in the [two thousand four--two
35 thousand five] two thousand six--two thousand seven school year, moneys
36 appropriated annually to the department from the general fund - local
37 assistance account under the elementary, middle and secondary education
38 program for July and August programs for students with disabilities,
39 shall be used as follows: (i) for remaining base year and prior school
40 years obligations, (ii) for the purposes of subdivision four of this
41 section for schools operated under articles eighty-seven and eighty-
42 eight of this chapter, and (iii) notwithstanding any inconsistent
43 provisions of this chapter, for payments made pursuant to this section
44 for current school year obligations, provided, however, that such
45 payments shall not exceed seventy percent of the state aid due for the
46 sum of the approved tuition and maintenance rates and transportation
47 expense provided for herein; provided, however, that payment of eligible
48 claims shall be payable in the order that such claims have been approved
49 for payment by the commissioner, but in no case shall a single payee
50 draw down more than forty-five percent of the appropriation provided for
51 the purposes of this section, and provided further that no claim shall
52 be set aside for insufficiency of funds to make a complete payment, but
53 shall be eligible for a partial payment in one year and shall retain its
54 priority date status for appropriations provided for this section in
55 future years.
S. 6458--C 31 A. 9558--B
1 § 34. Subdivision b of section 2 of chapter 756 of the laws of 1992,
2 relating to funding a program for work force education conducted by the
3 consortium for worker education in New York city, as amended by section
4 23 of part L of chapter 57 of the laws of 2005, is amended to read as
5 follows:
6 b. Reimbursement for programs approved in accordance with subdivision
7 a of this section for the 1992-93 school year shall not exceed 61.4
8 percent of the lesser of such approvable costs per contact hour or five
9 dollars and sixty cents per contact hour, reimbursement for the 1993-94
10 school year shall not exceed 65.1 percent of the lesser of such approva-
11 ble costs per contact hour or five dollars and fifty cents per contact
12 hour, reimbursement for the 1994-95 school year shall not exceed 58
13 percent of the lesser of such approvable costs per contact hour or five
14 dollars and seventy-five cents per contact hour, reimbursement for the
15 1995-96 school year shall not exceed 61.2 percent of the lesser of such
16 approvable costs per contact hour or five dollars and eighty cents per
17 contact hour, reimbursement for the 1996-97 school year shall not exceed
18 61.7 percent of the lesser of such approvable costs per contact hour or
19 five dollars and ninety cents per contact hour, reimbursement for the
20 1997-98 school year shall not exceed 63.2 percent of the lesser of such
21 approvable costs per contact hour or six dollars and ten cents per
22 contact hour, reimbursement for the 1998-99 school year shall not exceed
23 64.4 percent of the lesser of such approvable costs per contact hour or
24 six dollars and five cents per contact hour, reimbursement for the
25 1999-2000 school year shall not exceed 64.4 percent of the lesser of
26 such approvable costs per contact hour or six dollars and twenty-five
27 cents per contact hour, reimbursement for the 2000-2001 school year
28 shall not exceed 65.1 percent of the lesser of such approvable costs per
29 contact hour or six dollars and sixty cents per contact hour, reimburse-
30 ment for the 2001-02 school year shall not exceed 64.5 percent of the
31 lesser of such approvable costs per contact hour or six dollars and
32 ninety cents per contact hour, reimbursement for the 2002-03 school year
33 shall not exceed 64.4 percent of the lesser of such approvable costs per
34 contact hour or seven dollars and forty cents per contact hour,
35 reimbursement for the 2003-04 school year shall not exceed 64.0 percent
36 of the lesser of such approvable costs per contact hour or seven dollars
37 and sixty-five cents per contact hour and reimbursement for the 2004-05
38 school year shall not exceed 63.2 percent of the lesser of such approva-
39 ble costs per contact hour or eight dollars and five cents per contact
40 hour and reimbursement for the 2005-06 school year shall not exceed 64.4
41 percent of the lesser of such approvable costs per contact hour or eight
42 dollars and fifty cents per contact hour and reimbursement for the
43 2006-07 school year shall not exceed 64.7 percent of the lesser of such
44 approvable costs per contact hour or nine dollars and twenty-five cents
45 per contact hour where a contact hour represents sixty minutes of
46 instruction services provided to an eligible adult. Notwithstanding any
47 other provision of law to the contrary, for the 1992-1993 school year
48 the apportionment calculated for the city school district of the city of
49 New York pursuant to subdivision 24 of section 3602 of the education law
50 shall be computed as if such contact hours provided by the consortium
51 for worker education, not to exceed six hundred thousand hours
52 (600,000), were eligible for aid in accordance with the provisions of
53 such subdivision 24 of section 3602 of the education law, whereas, for
54 the 1993-94 school year such contact hours shall not exceed five hundred
55 seventy-six thousand one hundred eighty-seven hours (576,187); whereas,
56 for the 1994-95 school year such contact hours shall not exceed six
S. 6458--C 32 A. 9558--B
1 hundred nineteen thousand five hundred thirty-one hours (619,531); wher-
2 eas, for the 1995-96 school year such contact hours shall not exceed
3 five hundred eighty-one thousand one hundred thirty-eight hours
4 (581,138); whereas, for the 1996-97 school year such contact hours shall
5 not exceed one million ninety-eight thousand nine hundred one hours
6 (1,098,901); whereas, for the 1997-98 school year such contact hours
7 shall not exceed one million five hundred fifty-eight thousand four
8 hundred forty-one (1,558,441) hours; whereas, for the 1998-99 school
9 year such contact hours shall not exceed one million nine hundred twen-
10 ty-eight thousand twenty (1,928,020) hours; whereas, for the 1999-2000
11 school year such contact hours shall not exceed one million nine hundred
12 ninety thousand forty-nine (1,990,049) hours; whereas, for the 2000-2001
13 school year such contact hours shall not exceed one million nine hundred
14 eighty-one thousand three hundred fifty-one (1,981,351) hours; whereas,
15 for the 2001-02 school year such contact hours shall not exceed two
16 million two hundred forty-seven thousand one hundred ninety-one
17 (2,247,191) hours; whereas, for the 2002-03 school year such contact
18 hours shall not exceed two million one hundred thousand eight hundred
19 forty (2,100,840) hours; whereas for the 2003-04 school year such
20 contact hours shall not exceed one million eight hundred forty thousand
21 four hundred ninety (1,840,490) hours; whereas for the 2004-05 school
22 year such contact hours shall not exceed two million two hundred sixty-
23 three thousand seven hundred seventy-nine (2,263,779) hours; whereas for
24 the 2005-06 school year such contact hours shall not exceed two million
25 one hundred two thousand three hundred seventy-six (2,102,376) hours;
26 whereas for the 2006-07 school year such contact hours shall not exceed
27 one million nine hundred twenty-three thousand seventy-six (1,923,076)
28 hours.
29 § 35. Section 4 of chapter 756 of the laws of 1992, relating to fund-
30 ing a program for work force education conducted by the consortium for
31 worker education in New York city, is amended by adding a new subdivi-
32 sion 1 to read as follows:
33 1. The provisions of this subdivision shall not apply after the
34 completion of payments for the 2006-2007 school year. Notwithstanding
35 any inconsistent provisions of law, the commissioner of education shall
36 withhold a portion of employment preparation education aid due to the
37 city school district of the city of New York to support a portion of the
38 costs of the work force education program. Such moneys shall be credited
39 to the elementary and secondary education fund-local assistance account
40 and shall not exceed eleven million five hundred thousand dollars
41 ($11,500,000).
42 § 36. Section 6 of chapter 756 of the laws of 1992, relating to fund-
43 ing a program for work force education conducted by the consortium for
44 worker education in New York city, as amended by section 25 of part L of
45 chapter 57 of the laws of 2005, is amended to read as follows:
46 § 6. This act shall take effect July 1, 1992, and shall be deemed
47 repealed on June 30, [2006] 2007.
48 § 37. Intentionally omitted.
49 § 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
50 of 1995, amending the education law and other laws relating to state aid
51 to school districts and the appropriation of funds for the support of
52 government, as amended by section 27 of part L of chapter 57 of the laws
53 of 2005, are amended to read as follows:
54 (22) sections one hundred twelve, one hundred thirteen, one hundred
55 fourteen, one hundred fifteen and one hundred sixteen of this act shall
56 take effect on July 1, 1995; provided, however, that section one hundred
S. 6458--C 33 A. 9558--B
1 thirteen of this act shall remain in full force and effect until July 1,
2 [2006] 2007 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, [2006] 2007;
8 § 39. Section 7 of chapter 472 of the laws of 1998, amending the
9 education law relating to the lease of school buses by school districts,
10 as amended by section 28 of part L of chapter 57 of the laws of 2005, is
11 amended to read as follows:
12 § 7. This act shall take effect September 1, 1998, and shall expire
13 and be deemed repealed September 1, [2006] 2007.
14 § 40. Subdivision 16 of section 104 of part L of chapter 405 of the
15 laws of 1999, amending the real property tax law and other laws relating
16 to improving the administration of the school tax relief (STAR) program,
17 as separately amended by chapters 154 and 161 of the laws of 2005, is
18 amended to read as follows:
19 (16) sections fifty-one-f, fifty-one-g, fifty-one-h, fifty-one-i and
20 fifty-one-j of this act shall expire and be deemed repealed June 30,
21 [2006] 2007;
22 § 41. School bus driver training. In addition to apportionments
23 otherwise provided by section 3602 of the education law, for aid payable
24 in the 2006-2007 school year, the commissioner of education shall allo-
25 cate school bus driver training grants to school districts and boards of
26 cooperative education services pursuant to sections 3650-a, 3650-b and
27 3650-c of the education law, or for contracts directly with not-for-
28 profit educational organizations for the purposes of this section. Such
29 payments shall not exceed four hundred thousand dollars ($400,000).
30 § 42. Fort Drum school district grants. In addition to apportionments
31 otherwise provided by section 3602 of the education law, for aid payable
32 in the 2006-07 school year, school districts which received an appor-
33 tionment in the base year for operating expenses on account of an
34 increase in student enrollment in prior years as a result of the expan-
35 sion of Fort Drum, shall be eligible for a share of three million
36 dollars ($3,000,000) in the same proportion as each school district's
37 share was of the Fort Drum school district grants distributed in the
38 base year for the operating expenses of such school districts.
39 § 43. The moneys appropriated for the support of public libraries by
40 a chapter of the laws of 2006 enacting the education, labor and family
41 assistance budget shall be apportioned for 2006-2007 in accordance with
42 the provisions of chapter 917 of the laws of 1990, as otherwise amended
43 by chapter 625 of the laws of 1991, chapter 260 of the laws of 1993,
44 chapter 524 of the laws of 1998 and chapters 571 and 572 of the laws of
45 2003 and Part O of chapter 57 of the laws of 2005, taking into account
46 the provisions of section 483 of chapter 170 of the laws of 1994,
47 section 2 of chapter 82 of the laws of 1995 and the provisions of this
48 section, provided that no member library shall receive less local
49 services aid than it received in 2001 and provided further, that no
50 system or program, as defined by the commissioner of education, shall
51 receive less than the highest total system or program aid it received
52 for the year 2001-2002 after taking into account any reduction adjust-
53 ments necessary due to the appropriation being less than the full statu-
54 tory amount, and provided further, that selections shall apply with
55 respect to the moneys due in accordance with the provisions of para-
56 graphs g and i of subdivision 1 of section 273 of the education law, and
S. 6458--C 34 A. 9558--B
1 provided further notwithstanding any provisions of law to the contrary,
2 no library or library system shall receive less aid pursuant to section
3 271, 272, 273 or 273-a of the education law than it received for the
4 year 2001-2002 by reason of a decrease in the population of the area
5 served, or the ratio of the area served to the population of the state,
6 as a result of the latest federal census.
7 § 44. Learning technology grants. In addition to apportionments
8 otherwise provided by section 3602 of the education law, for aid payable
9 in the school year 2006-07, the commissioner of education may approve
10 school district and board of cooperative educational services applica-
11 tions for funding of approved learning technology programs, including
12 services benefiting nonpublic school students, pursuant to regulations
13 promulgated by the commissioner of education and approved by the direc-
14 tor of the budget, provided, however, that the sum of such grants
15 awarded shall not exceed three million two hundred eighty-five thousand
16 dollars ($3,285,000). Notwithstanding section 3609-a of the education
17 law, the commissioner of education is authorized to pay from the general
18 support for public schools appropriations, up to seventy percent of such
19 sum, for such purposes, prior to April first of the school year for
20 which such moneys are available, with the remainder payable on or after
21 such date.
22 § 45. Notwithstanding any other provisions of law to the contrary, of
23 the moneys appropriated to the state education department in a chapter
24 of the laws of 2006, enacting the education, labor and family assistance
25 budget under the elementary, middle, and secondary education program,
26 general fund account for general support for public schools for the
27 2006-07 school year for programs for homeless children and youth shall
28 include (a) expenditures for the transportation of homeless children
29 pursuant to paragraph b of subdivision 4 of section 3209 of the educa-
30 tion law, up to the amount of the approved costs of the most cost-effec-
31 tive mode of transportation, in accordance with a plan prepared by the
32 commissioner of education as approved by the director of the budget and
33 (b) the sum of thirty thousand dollars ($30,000) to the credit of the
34 state purposes account of the state education department to carry out
35 the purposes of this section relating to reimbursement of office of
36 children and family services shelters transporting such pupils.
37 § 46. Notwithstanding any inconsistent provision of law, any amount
38 share of federal financial participation under medicaid for school age
39 and preschool special education programs and services that is in excess
40 of one hundred seventy million dollars ($170,000,000) may be made avail-
41 able, subject to the appropriation of such excess, in the same propor-
42 tion as such funds attributable respectively to preschool and school age
43 programs and services bear to such one hundred seventy million dollars,
44 for payment of prior year claims for preschool services under section
45 4410 of the education law and the payment of prior year adjustments of
46 state aid claims for school age students.
47 § 47. Bilingual education grants. In addition to apportionments
48 otherwise provided by section 3602 of the education law, for aid payable
49 in the 2006-07 school year, the commissioner of education may approve
50 school district and board of cooperative educational services and
51 college or university applications for funding of approved bilingual
52 education programs, provided, however, that the sum of such grants
53 awarded shall not exceed eleven million five hundred thousand dollars
54 ($11,500,000).
55 § 48. Grants for teacher support. In addition to apportionments
56 otherwise provided by section 3602 of the education law, of the funds
S. 6458--C 35 A. 9558--B
1 appropriated for the general support for public schools for the 2006-07
2 school year, including but not limited to appropriations for teacher
3 support, payments shall be made as follows: to the city school district
4 of the city of New York, sixty-two million seven hundred seven thousand
5 dollars ($62,707,000); to the Buffalo city school district, one million
6 seven hundred forty-one thousand dollars ($1,741,000); to the Rochester
7 city school district, one million seventy-six thousand dollars
8 ($1,076,000); to the Yonkers city school district, one million one
9 hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse
10 city school district, eight hundred nine thousand dollars ($809,000).
11 All funds made available to a school district pursuant to this section
12 shall be distributed among teachers including prekindergarten teachers
13 and teachers of adult vocational and academic subjects in accordance
14 with this section and shall be in addition to salaries heretofore or
15 hereafter negotiated or made available; provided, however, that all
16 funds distributed pursuant to this section for the current year shall be
17 deemed to incorporate all funds distributed pursuant to former subdivi-
18 sion 27 of section 3602 of the education law for prior years. In school
19 districts where the teachers are represented by certified or recognized
20 employee organizations, all salary increases funded pursuant to this
21 section shall be determined by separate collective negotiations
22 conducted pursuant to the provisions and procedures of article 14 of the
23 civil service law, notwithstanding the existence of a negotiated agree-
24 ment between a school district and a certified or recognized employee
25 organization.
26 § 49. Special academic improvement grants. In addition to apportion-
27 ments otherwise provided by section 3602 of the education law, for aid
28 payable in the 2006-07 school year, of the funds appropriated for the
29 general support for public schools for the 2006-2007 school year,
30 including but not limited to appropriations for special academic
31 improvement grants, payments shall be made pursuant to subdivision 11 of
32 section 3641 of the education law, provided, however, that the sum of
33 such grants awarded shall not exceed six million dollars ($6,000,000).
34 § 50. Special apportionment for salary expenses. a. Notwithstanding
35 any other provision of law, upon application to the commissioner of
36 education, not sooner than the first day of the second full business
37 week of June, 2007 and not later than the last day of the third full
38 business week of June, 2007, a school district eligible for an appor-
39 tionment pursuant to section 3602 of the education law shall be eligible
40 to receive an apportionment pursuant to this section, for the school
41 year ending June 30, 2007, for salary expenses incurred between April 1
42 and June 30, 2007, and such apportionment shall not exceed the deficit
43 reduction assessment of 1990-91 as determined by the commissioner of
44 education, pursuant to paragraph f of subdivision 1 of section 3602 of
45 the education law, as in effect through June 30, 1993, plus 186 percent
46 of such amount for a city school district in a city with a population in
47 excess of 1,000,000 inhabitants and plus 209 percent of such amount for
48 a city school district in a city with a population of more than 195,000
49 inhabitants and less than 219,000 inhabitants according to the latest
50 federal census, and shall not exceed such salary expenses. Such applica-
51 tion shall be made by a school district, after the board of education or
52 trustees have adopted a resolution to do so and in the case of a city
53 school district in a city with a population in excess of 125,000 inhab-
54 itants, with the approval of the mayor of such city.
55 b. The claim for an apportionment to be paid to a school district
56 pursuant to subdivision a of this section shall be submitted to the
S. 6458--C 36 A. 9558--B
1 commissioner of education on a form prescribed for such purpose, and
2 shall be payable upon determination by such commissioner that the form
3 has been submitted as prescribed. Such approved amounts shall be payable
4 on the same day on or before September, 2007, as funds provided pursuant
5 to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the
6 state finance law, on the audit and warrant of the state comptroller on
7 vouchers certified or approved by the commissioner of education in the
8 manner prescribed by law from moneys in the state lottery fund and from
9 the general fund to the extent that the amount paid to a school district
10 pursuant to this section exceeds the amount, if any, due such school
11 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
12 section 3609-a of the education law in the 2007-2008 school year.
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 2007-2008 school
17 year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
18 vision 1 of section 3609-a of the education law in the following order:
19 the lottery apportionment payable pursuant to subparagraph 2 of such
20 paragraph followed by the fixed fall payments payable pursuant to
21 subparagraph 4 of such paragraph and then followed by the district's
22 payments to the teachers' retirement system pursuant to subparagraph 1
23 of such paragraph, and any remainder to be deducted from the individual-
24 ized payments due the district pursuant to paragraph b of such subdivi-
25 sion shall be deducted on a chronological basis starting with the earli-
26 est payment due the district.
27 § 51. Special apportionment for public pension accruals. a. Notwith-
28 standing any other provision of law, upon application to the commission-
29 er of education, not later than June 30, 2007, a school district eligi-
30 ble for an apportionment pursuant to section 3602 of the education law
31 shall be eligible to receive an apportionment pursuant to this section,
32 for the school year ending June 30, 2007, and such apportionment shall
33 not exceed the additional accruals required to be made by school
34 districts in the 2004-05 or 2005-06 school years associated with changes
35 for such public pension liabilities. The amount of such additional
36 accrual shall be certified to the commissioner of education by the pres-
37 ident of the board of education or the trustees or, in the case of a
38 city school district in a city with a population in excess of 125,000
39 inhabitants, the mayor of such city. Such application shall be made by a
40 school district, after the board of education or trustees have adopted a
41 resolution to do so and in the case of a city school district in a city
42 with a population in excess of 125,000 inhabitants, with the approval of
43 the mayor of such city.
44 b. The claim for an apportionment to be paid to a school district
45 pursuant to subdivision a of this section shall be submitted to the
46 commissioner of education on a form prescribed for such purpose, and
47 shall be payable upon determination by such commissioner that the form
48 has been submitted as prescribed. Such approved amounts shall be payable
49 on the same day in September of the school year following the year in
50 which application was made as funds provided pursuant to subparagraph 4
51 of paragraph b of subdivision 4 of section 92-c of the state finance
52 law, on the audit and warrant of the state comptroller on vouchers
53 certified or approved by the commissioner of education in the manner
54 prescribed by law from moneys in the state lottery fund and from the
55 general fund to the extent that the amount paid to a school district
56 pursuant to this section exceeds the amount, if any, due such school
S. 6458--C 37 A. 9558--B
1 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
2 section 3609-a of the education law in the school year following the
3 year in which application was made.
4 c. Notwithstanding the provisions of section 3609-a of the education
5 law, an amount equal to the amount paid to a school district pursuant to
6 subdivisions a and b of this section shall first be deducted from the
7 following payments due the school district during the school year
8 following the year in which application was made pursuant to subpara-
9 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
10 3609-a of the education law in the following order: the lottery appor-
11 tionment payable pursuant to subparagraph 2 of such paragraph followed
12 by the fixed fall payments payable pursuant to subparagraph 4 of such
13 paragraph and then followed by the district's payments to the teachers'
14 retirement system pursuant to subparagraph 1 of such paragraph, and any
15 remainder to be deducted from the individualized payments due the
16 district pursuant to paragraph b of such subdivision shall be deducted
17 on a chronological basis starting with the earliest payment due the
18 district.
19 § 52. Expenditures of the state education department. Notwithstanding
20 any other law, rule or regulation to the contrary, 2006-07 state fiscal
21 year state operations appropriations made from the general fund and/or
22 special revenue, other funds to the state education department shall be
23 available for the payment of prior years' liabilities in such fund or
24 funds for fringe benefits, indirect costs, telecommunications expenses
25 and expenses for other centralized services. Payments for prior years'
26 liabilities in such fund or funds for expenses other than those indi-
27 cated above may not exceed a total of three million dollars
28 ($3,000,000).
29 § 53. a. Notwithstanding any other law, rule or regulation to the
30 contrary, any moneys appropriated to the state education department may
31 be suballocated to other state departments or agencies, as needed, to
32 accomplish the intent of the specific appropriations contained therein.
33 b. Notwithstanding any other law, rule or regulation to the contrary,
34 moneys appropriated to the state education department from the general
35 fund/aid to localities, local assistance account-001, shall be for
36 payment of financial assistance, as scheduled, net of disallowances,
37 refunds, reimbursement and credits.
38 c. Notwithstanding any other law, rule or regulation to the contrary,
39 all moneys appropriated to the state education department for aid to
40 localities shall be available for payment of aid heretofore or hereafter
41 to accrue and may be suballocated to other departments and agencies to
42 accomplish the intent of the specific appropriations contained therein.
43 d. Notwithstanding any other law, rule or regulation to the contrary,
44 moneys appropriated to the state education department for general
45 support for public schools may be interchanged with any other item of
46 appropriation for general support for public schools within the general
47 fund local assistance account elementary, middle, secondary and continu-
48 ing education program.
49 § 54. Subdivision 3 of section 1230 of the real property tax law, as
50 added by chapter 316 of the laws of 1992, is amended to read as follows:
51 3. Special equalization rates shall be established for the following
52 school districts:
53 Amityville union free school district
54 Brentwood school district
55 Central Islip school district
56 Freeport union free school district
S. 6458--C 38 A. 9558--B
1 Hempstead union free school district
2 Roosevelt union free school district
3 Tuckahoe union free school district
4 Uniondale union free school district
5 Westbury union free school district
6 Wyandanch school district
7 § 55. For calculation of aid apportioned to the Tuckahoe union free
8 school district for any project for which aid is first apportioned
9 pursuant to subdivision 6 of section 3602 of the education law on or
10 after July 1, 2006, notwithstanding any provision of law to the contrary
11 including limitations in such subdivision relating to the dates upon
12 which such data must be on file with the state education department, the
13 district shall compute aid under the provisions of such subdivision
14 using the greater of:
15 a. the building aid ratio computed for use in the current year; or
16 b. a building aid ratio equal to the difference of the selected build-
17 ing aid ratio equivalent computed pursuant to this section, less one-
18 tenth.
19 (1) The selected building aid ratio equivalent shall be the positive
20 difference of:
21 (a) one, less
22 (b) the product, computed to three decimal places without rounding, of
23 (i) the quotient, computed to three decimal places without rounding,
24 of
25 (A) the quotient, computed to the nearest whole number without round-
26 ing, of
27 (I) the actual valuation of the school district, as defined pursuant
28 to subdivision 1 of section 3602 of the education law, divided by
29 (II) the equivalent pupils of the school district
30 (B) divided by the state average actual valuation per pupil computed
31 pursuant to subdivision 3 of section 3602 of the education law, multi-
32 plied by
33 (ii) fifty-one percent.
34 Such aid ratio shall not be less than zero.
35 (2) The equivalent pupils of the school district shall be the
36 quotient, computed to the nearest whole number without rounding, of
37 (a) an equivalent actual valuation equal to the amount that would be
38 computed obtained by taking the assessed valuation of taxable real prop-
39 erty within such district as it appears upon the assessment roll of the
40 town in which such property is located, for the calendar year two years
41 prior to the calendar year in which the base year commenced, after
42 revision as provided by law, and dividing it by the state equalization
43 rate as determined by the state office of real property services, for
44 the assessment roll of such town completed during such preceding calen-
45 dar year, divided by
46 (b) the product, computed to the nearest whole number without round-
47 ing, of
48 (i) the state average actual valuation per pupil computed pursuant to
49 subdivision 3 of section 3602 of the education law, multiplied by
50 (ii) the quotient, computed to three decimals without rounding, of
51 (A) the positive difference of
52 (I) one less
53 (II) the building aid ratio that was used or that would have been used
54 to compute an apportionment pursuant to subdivision 6 of section 3602 of
55 the education law in the 1999--2000 school year, divided by
56 (B) fifty-one one-hundredths.
S. 6458--C 39 A. 9558--B
1 The office of real property services shall determine such equivalent
2 actual valuation and shall report it to the state comptroller and the
3 commissioner of education. Such computations shall be deemed final and
4 not subject to change on or after July 1, 2007.
5 § 56. The funds appropriated for the 2006-07 school year for the
6 targeted prekindergarten, transferring success, extended school
7 day/school violence prevention, teacher computer and resource training
8 centers and health education programs will be provided to the 2005-06
9 school year recipients pursuant to a plan developed by the commissioner
10 of education. Any unexpended funds due to nonparticipation may be
11 redistributed equitably among such base year participants pursuant to a
12 plan, or distributed by a competitive RFP process.
13 § 57. Subdivision 1 of section 901 of the education law, as amended by
14 chapter 477 of the laws of 2004, is amended to read as follows:
15 1. School health services, as defined in subdivision two of this
16 section, shall be provided by each school district for all students
17 attending the public schools in this state, except in the city school
18 [districts] district of the [cities] city of New York, [Buffalo and
19 Rochester,] as provided in this article. School health services shall
20 include the services of a registered professional nurse, if one is
21 employed, and shall also include such services as may be rendered as
22 provided in this article in examining students for the existence of
23 disease or disability and in testing the eyes and ears of such students.
24 § 58. Notwithstanding the provision of any law, rule, or regulation
25 to the contrary, the city school district of the city of Rochester, upon
26 the consent of the board of cooperative educational services of the
27 supervisory district serving its geographic region may purchase from
28 such board for the 2006-07 school year, as a non-component school
29 district, services required by article 19 of the education law.
30 § 59. Intentionally omitted.
31 § 60. Intentionally omitted.
32 § 61. Intentionally omitted.
33 § 62. Intentionally omitted.
34 § 63. Subdivision 11 of section 94 of part C of chapter 57 of the laws
35 of 2004, amending the labor law, the general business law and various
36 other laws relating to implementation of the state fiscal plan for the
37 2004-2005 state fiscal year, as amended by section 32 of part L of chap-
38 ter 57 of the laws of 2005, is amended to read as follows:
39 11. section seventy-one of this act shall expire and be deemed
40 repealed June 30, [2006] 2007;
41 § 64. The arts and cultural affairs law is amended by adding a new
42 title P to read as follows:
43 TITLE P
44 NEW YORK STATE CULTURAL EDUCATION TRUST
45 ARTICLE 40
46 NEW YORK STATE CULTURAL EDUCATION TRUST
47 Section 40.01. Short title.
48 40.03. Definitions.
49 40.05. New York state cultural education trust.
50 40.07. Purpose of trust.
51 40.09. Reports.
52 40.11. Assistance of other agencies.
53 40.13. Members not to profit.
54 § 40.01. Short title. This title shall be known and may be cited as
55 the "New York state cultural education trust act".
S. 6458--C 40 A. 9558--B
1 § 40.03. Definitions. When used or referred to in this title, unless
2 otherwise specified, the following terms shall have the following mean-
3 ing:
4 1. "Trust" shall mean the trust created by section 40.05 of this
5 title.
6 2. "Board" shall mean the board of the trust created by section 40.05
7 of this title.
8 3. "Board of regents" shall mean the board of regents of the universi-
9 ty of the state of New York.
10 § 40.05. New York state cultural education trust. 1. A trust to be
11 known as the "New York state cultural education trust" is hereby created
12 under the jurisdiction of the state education department and its exist-
13 ence shall commence with the appointment of the members of the board as
14 provided herein.
15 2. The board shall consist of five members as follows: the chancellor
16 of the board of regents of the university of the state of New York, who
17 shall serve as the chair; one member of the board of regents, to be
18 appointed by the commissioner of education; one member appointed by the
19 governor; one member appointed by the majority leader of the senate; and
20 one member appointed by the speaker of the assembly. Members of the
21 board, other than the representative of the board of regents, shall be
22 appointed to the board based on their knowledge and background as rele-
23 vant to the purposes of the trust, or, due to their experience and know-
24 ledge in the fields of New York state history, collection display and
25 management or other related fields.
26 3. The member of the board of regents appointed to the board shall
27 serve at the pleasure of the commissioner of education and shall serve a
28 term equivalent to his or her term as a member of the board of regents.
29 The commissioner may reappoint the same member of the board of regents
30 as his or her appointee for so long as such regent remains a member of
31 the board of regents.
32 4. The initial terms of the appointees of the governor, the speaker of
33 the assembly and the majority leader of the senate shall be staggered,
34 with the governor's appointment expiring after one year and the majority
35 leader of the senate's and the speaker of the assembly's appointments
36 expiring after three years. All subsequent appointments shall be for
37 three years.
38 5. Members may be reappointed and may serve two consecutive full
39 terms, in addition to the terms of their original appointments, but not
40 more than nine consecutive years. Each member shall continue in office
41 until such member's successor has been appointed and qualifies. Such
42 continuation in office shall not be counted in determining whether a
43 member has served nine consecutive years. In the event of a vacancy
44 occurring in the office of any member of the board, other than by the
45 expiration of a member's term, such vacancy shall be filled for the
46 balance of the unexpired term, if applicable, in the same manner as the
47 original appointment.
48 6. The members of the board shall serve without compensation, but
49 shall be entitled to reimbursement of their actual and necessary
50 expenses incurred in the performance of their official duties.
51 7. The powers of the trust shall be vested in and exercised by a
52 majority of the members thereof.
53 § 40.07. Purpose of the trust. The purpose of the trust shall be to
54 prepare and recommend plans, in cooperation with the commissioner of
55 education, to the director of the budget regarding projects to enhance
56 the public display of the collections and exhibits of the state museum,
S. 6458--C 41 A. 9558--B
1 library and archives, and for the aquisition of a new storage facility
2 for such collections.
3 § 40.09. Reports. Not later than ninety days following the end of the
4 state fiscal year the trust shall annually submit to the governor, the
5 majority leader of the senate and the speaker of the assembly a report
6 on the priorities and finances of the trust.
7 § 40.11. Assistance of other agencies. The trust board may request
8 from any state agency or political subdivision of the state and the same
9 are authorized to provide such assistance and information as will enable
10 it to carry out its purpose and powers pursuant to this title.
11 § 40.13. Members not to profit. No member of the trust shall receive
12 or may be lawfully entitled to receive any pecuniary profit from the
13 operation of the trust.
14 § 65. Intentionally omitted.
15 § 66. Severability. The provisions of this act shall be severable, and
16 if the application of any clause, sentence, paragraph, subdivision,
17 section or part of this act to any person or circumstance shall be
18 adjudged by any court of competent jurisdiction to be invalid, such
19 judgment shall not necessarily affect, impair or invalidate the applica-
20 tion of any such clause, sentence, paragraph, subdivision, section, part
21 of this act or remainder thereof, as the case may be, to any other
22 person or circumstance, but shall be confined in its operation to the
23 clause, sentence, paragraph, subdivision, section or part thereof
24 directly involved in the controversy in which such judgment shall have
25 been rendered.
26 § 67. This act shall take effect immediately, provided, however, that:
27 a. sections one, four, five, seven, eight, nine, eleven, twelve, thir-
28 teen through eighteen, twenty-one, twenty-two, twenty-three, twenty-
29 four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty, thir-
30 ty-one, thirty-three, thirty-four, thirty-five, thirty-nine, forty-one,
31 forty-two, forty-four, forty-five, forty-seven and forty-eight of this
32 act shall take effect July 1, 2006;
33 b. sections three and thirty-two of this act shall be deemed to have
34 been in full force and effect on and after July 1, 1998;
35 c. section four-a of this act shall be deemed to have been in full
36 force and effect on and after July 19, 2005;
37 d. sections six, twenty-seven, fifty and fifty-one of this act shall
38 be deemed to have been in full force and effect on and after July 1,
39 2005;
40 e. section twenty of this act shall be deemed to have been in full
41 force and effect on and after July 1, 2003;
42 f. section thirty-six of this act shall be deemed to have been in full
43 force and effect on the same date as section 85 of part H of chapter 83
44 of the laws of 2002 took effect;
45 g. section thirty-eight of this act shall be deemed to have been in
46 full force and effect on the same date as section 140 of chapter 140 of
47 the laws of 1995 took effect;
48 h. sections forty-six, fifty-two and fifty-three of this act shall be
49 deemed to have been in full force and effect on and after April 1, 2004;
50 provided, however, that section fifty-three of this act shall expire and
51 be deemed repealed March 31, 2006;
52 i. the amendments to clause (d) of subparagraph (i) of paragraph 4 of
53 subdivision 1 of section 3602 of the education law made by section five
54 of this act shall not affect the repeal of such subparagraph and shall
55 be deemed repealed therewith;
S. 6458--C 42 A. 9558--B
1 j. the amendments to clause (l) of subparagraph b of paragraph 1 of
2 subdivision 19 of section 3602 of the education law made by section
3 fifteen of this act shall not affect the repeal of such clause and shall
4 be deemed repealed therewith;
5 k. the amendments to paragraph b of subdivision 2 of section 3612 of
6 the education law made by section twenty-six of this act shall not
7 affect the expiration of such paragraph and shall be deemed to expire
8 therewith;
9 l. the amendments to subdivision 6 of section 4402 of the education
10 law made by section thirty-one of this act shall not affect the repeal
11 of such subdivision and shall be deemed repealed therewith;
12 m. the amendments to chapter 756 of the laws of 1992, relating to
13 funding a program for work force education conducted by a consortium for
14 worker education in New York city, made by sections thirty-four and
15 thirty-five of this act shall not affect the repeal of such chapter and
16 shall be deemed repealed herewith; and
17 n. section sixty-four of this act shall take effect April 1, 2006 and
18 appointments to the New York state cultural education trust shall be
19 made no later than three months following an appropriation made by the
20 legislature for the purpose of the trust.
21 PART A-2
22 Section 1. Section 3641 of the education law is amended by adding a
23 new subdivision 14 to read as follows:
24 14. Expanding our children's education and learning (EXCEL) a. Estab-
25 lishment of the EXCEL program. There is hereby established the expanding
26 our children's education and learning (EXCEL) program to provide project
27 financing or assistance in the form of grants to eligible school
28 districts, in addition to the apportionments made pursuant to subdivi-
29 sions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of
30 subdivision fourteen of section thirty-six hundred two of this article,
31 and subdivisions ten and twelve of this section, for the costs of EXCEL
32 school facility projects. An apportionment for any such project shall
33 initially be available in the state fiscal year commencing April first,
34 two thousand six. Notwithstanding any provision of law to the contrary,
35 the dormitory authority of the state of New York shall be authorized to
36 issue bonds or notes in an aggregate amount not to exceed two billion
37 six hundred million dollars for purposes of the EXCEL program.
38 b. Definitions. The following terms, whenever used or referred to in
39 this subdivision, unless the context indicates otherwise, shall have the
40 following meanings:
41 (1) "EXCEL project". An EXCEL project shall include, but not be limit-
42 ed to, the acquisition, design, planning, construction, reconstruction,
43 rehabilitation, preservation, development, improvement or modernization
44 of an EXCEL school facility, where such project is: (a) a construction
45 project that has been reviewed by the department and approved by the
46 commissioner pursuant to this subdivision, or (b) for the city school
47 district of the city of New York, a project which is listed and
48 contained in the five year capital plan, which has been approved and
49 adopted by the city council pursuant to section twenty-five hundred
50 ninety-p of this article, for the two thousand five through two thousand
51 nine fiscal years, and provided that such project must commence, as
52 close as practicable, according to the schedule set forth in the five
53 year capital plan as amended and approved by the city council as of July
S. 6458--C 43 A. 9558--B
1 two thousand five, and which falls within one or more of the following
2 categories:
3 (i) An education technology project which, as a primary purpose,
4 enhances the use of technology including but not limited to, instruc-
5 tional content with video streaming, electrical upgrades, wiring, cabl-
6 ing installations, internet connections, fiber optics, conduits, race-
7 ways, telecommunication systems, hardware, electronic commerce and
8 wireless options;
9 (ii) A health and safety project which, as a primary purpose,
10 addresses the reduction or elimination of the risk of personal injury or
11 harm to occupants of public school buildings used primarily for instruc-
12 tion, including but not limited to environmental remediation, the eradi-
13 cation of fire and health code violations, the provisions of adequate
14 ventilation including heating, ventilation and air conditioning equip-
15 ment, and the rehabilitation and repair of existing facilities;
16 (iii) An accessibility project which, as a primary purpose, enhances
17 accessibility to public school buildings used primarily for instruction
18 for individuals with disabilities;
19 (iv) A physical capacity expansion project or school construction
20 project which, as a primary purpose, expands the availability of
21 adequate and appropriate instructional space in a public school building
22 used primarily for instruction, including but not limited to expansions
23 which provide for reduced class size and science laboratories; and
24 (v) An energy project which, as a primary purpose, reduces energy
25 costs and/or energy consumption.
26 (2) "EXCEL school facility". An EXCEL school facility shall mean an
27 existing or proposed facility or other property real and personal, and
28 other appurtenances thereto to be utilized by a school district for
29 education purposes.
30 (3) "Eligible project costs". Eligible project costs, for purposes of
31 the EXCEL program shall mean any expenditures for projects that are
32 eligible for an apportionment pursuant to subdivisions six, six-a, six-b
33 and/or paragraph c of subdivision fourteen of section thirty-six hundred
34 two of this article; including expenditures for debt service on obli-
35 gations issued for school district purposes.
36 (4) "Eligible school district" means a school district eligible to
37 receive an apportionment pursuant to subdivision twelve-b of section
38 thirty-six hundred two of this article.
39 (5) "Maximum additional apportionment" means the sum of the following
40 amounts:
41 (i) For an eligible school district that is eligible for the high-need
42 supplemental building aid ratio pursuant to the provisions of clause (c)
43 of subparagraph two of paragraph c of subdivision six of section three
44 thousand six hundred two of this article, other than a city school
45 district in a city having a population of one million inhabitants or
46 more, an amount equal to the product of seven hundred seventy-eight
47 dollars and twenty-two cents ($778.22) multiplied by the public school
48 district enrollment of the district in the base year, as computed pursu-
49 ant to subparagraph two of paragraph n of subdivision one of section
50 thirty-six hundred two of this article.
51 (ii) For any other eligible school district, other than a city school
52 district in a city having a population of one million inhabitants or
53 more, an amount equal to the product of three hundred twenty dollars and
54 forty-six cents ($320.46) multiplied by the public school district
55 enrollment of the district in the base year, as computed pursuant to
S. 6458--C 44 A. 9558--B
1 subparagraph two of paragraph n of subdivision one of section thirty-six
2 hundred two of this article.
3 (iii) For an eligible city school district in a city having a popu-
4 lation of one million inhabitants or more one billion eight hundred
5 million dollars.
6 c. EXCEL apportionment. (1) EXCEL apportionment for school enhance-
7 ment. Funds in an aggregate amount not to exceed eight hundred million
8 dollars shall be available for grants to eligible school districts other
9 than a city school district in a city having a population of one million
10 inhabitants or more. Each eligible school district which has an approved
11 project or projects shall be entitled to a grant or grants for such
12 project or projects in an amount whether in the aggregate or otherwise,
13 not to exceed the maximum additional apportionment calculated for such
14 school district. The amount of such maximum additional apportionment not
15 expended, disbursed or encumbered for any such year shall be carried
16 over for expenditure and disbursement to the next succeeding school
17 year. Such maximum additional apportionment may be used to supplement
18 the apportionments available pursuant to subdivisions six, six-a, six-b,
19 six-c, six-d, six-e, six-f and paragraph c of subdivision fourteen of
20 section thirty-six hundred two of this article, and subdivisions ten and
21 twelve of this section, provided that the total of such apportionments
22 plus the grant payable pursuant to this subdivision for the approved
23 project costs of any approved building aidable project, as limited by
24 the cost allowances specified in paragraph a of subdivision six of
25 section thirty-six hundred two of this article, shall not exceed such
26 approved project costs, provided further that the apportionment provided
27 pursuant to this subdivision shall not otherwise reduce the apportion-
28 ments payable for approved project costs pursuant to subdivisions six,
29 six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of subdivision
30 fourteen of section thirty-six hundred two of this article, and subdivi-
31 sions ten and twelve of this section and may be used by an eligible
32 school district to fund the principal amount of any costs that are in
33 excess of the costs approved for an apportionment pursuant to subdivi-
34 sions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of
35 subdivision fourteen of section thirty-six hundred two of this article,
36 and subdivisions ten and twelve of this section. Except as authorized in
37 this paragraph, expenditures from the maximum additional apportionment
38 shall not be eligible for aid under any other provision of this chapter.
39 (2) EXCEL apportionment for city facilities enhancement. Funds in an
40 aggregate amount not to exceed one billion eight hundred million
41 dollars_shall be available for grants to a city school district in a
42 city having a population of one million inhabitants or more. Such school
43 district shall be entitled to a grant or grants for each eligible
44 project or projects in an amount whether in the aggregate or otherwise,
45 not to exceed the maximum additional apportionment calculated for such
46 school district. The amount of such maximum additional apportionment not
47 expended, disbursed or encumbered for any such year shall be carried
48 over for expenditure and disbursement to the next succeeding school
49 year. Such maximum additional apportionment may be used to supplement
50 the apportionments available pursuant to subdivisions six, six-a, six-b,
51 six-c, six-d, six-e, six-f and paragraph c of subdivision fourteen of
52 section thirty-six hundred two of this article, and subdivisions ten and
53 twelve of this section, provided that the total of such apportionments
54 plus the grant payable pursuant to this subdivision for the approved
55 project costs of any approved building aidable project, as limited by
56 the cost allowances specified in paragraph a of subdivision six of
S. 6458--C 45 A. 9558--B
1 section thirty-six hundred two of this article, shall not exceed such
2 approved project costs, provided further that the apportionment provided
3 pursuant to this subdivision shall not otherwise reduce the apportion-
4 ments payable for approved project costs pursuant to subdivisions six,
5 six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of subdivision
6 fourteen of section thirty-six hundred two of this article, and subdivi-
7 sions ten and twelve of this section and may be used by an eligible
8 school district to fund the principal amount of any costs that are in
9 excess of the costs approved for an apportionment pursuant to subdivi-
10 sions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of
11 subdivision fourteen of section thirty-six hundred two of this article,
12 and subdivisions ten and twelve of this section. Except as authorized in
13 this paragraph, expenditures from the maximum additional apportionment
14 shall not be eligible for aid under any other provision of this chapter.
15 (3) The payment of all apportionments to be made for approved projects
16 pursuant to this subdivision shall be made from funds annually appropri-
17 ated by the legislature for such purpose. An apportionment so made to a
18 school district from appropriated funds by the commissioner for the
19 principal amounts of expenditures for an approved project which is an
20 eligible school construction project shall be repaid to the state comp-
21 troller by the dormitory authority from bond proceeds made available for
22 such purpose pursuant to section sixteen hundred eighty-nine-i of the
23 public authorities law. The commissioner shall submit a list of eligi-
24 ble projects to the dormitory authority on an annual basis.
25 § 2. The public authorities law is amended by adding a new section
26 1689-i to read as follows:
27 § 1689-i. Public school districts; authority financing of eligible
28 school construction projects; expanding our children's education and
29 learning (EXCEL). 1. The dormitory authority is authorized to finance
30 eligible school construction projects for those public school districts
31 which are approved by the commissioner of education to receive an appor-
32 tionment for expanding our children's education and learning (EXCEL)
33 pursuant to subdivision fourteen of section thirty-six hundred forty-one
34 of the education law.
35 2. Notwithstanding the provisions of any general or special law to the
36 contrary, and subject to the making of annual appropriations therefor by
37 the legislature, in order to assist the dormitory authority in the
38 financing and refinancing of such eligible school construction projects,
39 the director of the budget is authorized in any state fiscal year
40 commencing April first, two thousand six and thereafter to enter into
41 one or more service contracts, none of which shall exceed thirty years
42 in duration, with the dormitory authority, upon such terms as the direc-
43 tor of the budget and the dormitory authority agree.
44 3. Any service contract entered into pursuant to this section or any
45 payments made or to be made thereunder may be assigned and pledged by
46 the dormitory authority as security for its bonds, notes, or other obli-
47 gations.
48 4. Any such service contract shall provide that the obligation of the
49 director of the budget or of the state to fund or to pay the amounts
50 therein provided for shall not constitute a debt of the state within the
51 meaning of any constitutional or statutory provision in the event the
52 dormitory authority assigns or pledges the service contract payments as
53 security for its bonds, notes, or other obligations and shall be deemed
54 executory only to the extent moneys are available and that no liability
55 shall be incurred by the state beyond the moneys available for the
S. 6458--C 46 A. 9558--B
1 purpose, and that such obligation is subject to annual appropriation by
2 the legislature.
3 5. Any service contract or contracts entered into pursuant to this
4 section shall provide for state commitments to provide annually to the
5 dormitory authority a sum or sums, upon such terms and conditions as
6 shall be deemed appropriate by the director of the budget, to fund the
7 principal, interest, or other related expenses required for any bonds,
8 notes, or other obligations.
9 6. The commissioner of education shall certify, from time to time, to
10 the dormitory authority, the comptroller, the director of the division
11 of the budget, the chair of the senate finance committee and the chair
12 of the assembly ways and means committee each school district for which
13 he or she has approved an aid apportionment for authority financing of
14 an eligible school construction project pursuant to subdivision fourteen
15 of section thirty-six hundred forty-one of the education law. Such
16 certification, which shall be made within thirty days after such
17 approval or as soon thereafter as is practicable, shall identify the
18 amount of aid apportionment which has been approved for such school
19 district and shall estimate the date or dates when such project will be
20 undertaken to assist the authority in establishing a schedule for
21 financing such project. The commissioner shall notify the authority if
22 there is a change in such date.
23 7. On or before November fifteenth of each year and again on or after
24 February fifteenth of each year, the dormitory authority shall submit,
25 and thereafter may resubmit, to the director of the division of the
26 budget, the state comptroller, the commissioner of education, the chair
27 of the senate finance committee and the chair of the assembly ways and
28 means committee a report setting forth the amounts, if any, of all annu-
29 al payments estimated to be appropriated to the dormitory authority
30 pursuant to such service contracts between the dormitory authority and
31 the director of the division of the budget pursuant to this section.
32 8. To obtain funds for the purposes of this section, the authority
33 shall have power from time to time, in accordance with a schedule certi-
34 fied to the authority by the commissioner of education identifying
35 eligible school construction projects approved for the payment of aid
36 apportionments pursuant to subdivision fourteen of section thirty-six
37 hundred forty-one of the education law, to issue negotiable bonds or
38 notes of the authority. Unless the context shall clearly indicate other-
39 wise, whenever the words "bond" or "bonds" are used in this section,
40 such words shall include a note or notes of the authority.
41 9. The dormitory authority shall not issue any bonds or notes in an
42 amount in excess of two billion six hundred million dollars for the
43 purposes of this section, excluding a principal amount of bonds or notes
44 issued to fund one or more debt service reserve funds, to pay for the
45 costs of issuance of such bonds, and bonds or notes issued to refund or
46 otherwise repay such bonds, and bonds or notes previously issued. Except
47 for the purposes of complying with the internal revenue code, any inter-
48 est income earned on bond proceeds shall only be used to pay debt
49 service on such bonds or notes.
50 10. In computing for the purposes of this subdivision, the aggregate
51 amount of indebtedness evidenced by bonds and notes of the dormitory
52 authority issued pursuant to this section, there shall be excluded the
53 amount of such indebtedness represented by such bonds or notes issued to
54 refund or otherwise repay bonds or notes, provided that the amount so
55 excluded under this clause may exceed the principal amount of such bonds
56 or notes that were issued to refund or otherwise repay only if the pres-
S. 6458--C 47 A. 9558--B
1 ent value of the aggregate debt service on the refunding or repayment
2 bonds or notes shall not have at the time of their issuance exceeded the
3 present value of the aggregate debt service of the bonds or notes they
4 were issued to refund or repay, such present value in each case being
5 calculated by using the effective interest rate of the refunding or
6 repayment bonds or notes, which shall be that rate arrived at by doubl-
7 ing the semi-annual interest rate (compounded semi-annually) necessary
8 to discount the debt service payments on the refunding or repayment
9 bonds or notes from the payment date thereof to the date of issue of the
10 refunding or repayment bonds or notes and to the price bid therefor, or
11 to the proceeds received by the dormitory authority from the sale there-
12 of, in each case including estimated accrued interest.
13 11. The state of New York hereby covenants with the purchasers, hold-
14 ers and owners from time to time of the bonds of the authority issued
15 pursuant to this section that it will not repeal, revoke, rescind, modi-
16 fy or amend the provisions of this section which relate to the making of
17 annual service contract payments to the authority with respect to such
18 bonds as to limit, impair or impede the rights and remedies granted to
19 bondholders under this title or otherwise diminish the security pledged
20 to such purchasers, holders and owners or significantly impair the pros-
21 pect of payment of any such bond.
22 § 3. This act shall take effect immediately.
23 PART A-3
24 Section 1. Section 2799-tt of the public authorities law, as renum-
25 bered by chapter 297 of the laws of 2001, is renumbered 2799-uu and a
26 new section 2799-tt is added to read as follows:
27 § 2799-tt. Additional bonds of the authority. 1. Notwithstanding any
28 provision of this title or of any other law to the contrary, the author-
29 ity is hereby authorized to issue bonds, notes or other obligations in
30 addition to those authorized by sections twenty-seven hundred ninety-
31 nine-gg and twenty-seven hundred ninety-nine-ss of this title in an
32 amount outstanding of up to nine billion four hundred million dollars
33 for purposes of (i) funding costs of such educational facilities capital
34 plan, the five-year educational facilities capital plan approved in
35 accordance with section twenty-five hundred ninety-p of the education
36 law and (ii) refunding bonds, notes or other obligations issued to pay
37 such costs, and for payment of all other costs and expenses relating to
38 bonds, notes or other obligations described in clause (i) or (ii) of
39 this subdivision or incurred pursuant to agreements relating to such
40 bonds, notes or other obligations, including without limitation, capi-
41 talized interest, the funding of reserves and costs of issuance. The
42 city, acting through the mayor, may assign all or any portion of the
43 state aid payable to the city of New York or the school district of the
44 city of New York pursuant to subdivision six of section thirty-six
45 hundred two of the education law of the state (or pursuant to any
46 successor provision of state law) to the authority and, after such
47 assignment, such aid and the right to receive such aid shall be the
48 property of the authority. Bonds issued pursuant to this section shall
49 have a maximum maturity of up to thirty years.
50 2. Following notice from the city of New York to the director of the
51 state division of the budget and the state comptroller of such assign-
52 ment, such payment shall be made by the state comptroller directly to
53 the city's assignee; provided that such payment shall be subject and
54 subordinate to payment of such aid to the municipal bond bank agency
S. 6458--C 48 A. 9558--B
1 pursuant to section twenty-four hundred thirty-six of this article, the
2 educational construction fund pursuant to section four hundred sixty-two
3 of the education law, and the paying agent for bonds and notes in
4 default pursuant to section ninety-nine-b of the state finance law.
5 3. Notwithstanding any inconsistent provision of law, amounts applied
6 pursuant to this section to fund the five-year educational facilities
7 capital plan and related costs, and amounts applied to pay debt service
8 on bonds, notes or other obligations described in clause (i) or (ii) of
9 subdivision one of this section (together with all other costs and
10 expenses referred to in such subdivision) shall be deemed to be paid
11 from revenues of the city of New York for the purpose of any computation
12 of federal or state aid.
13 4. The pledge and agreement of the state contained in section twenty-
14 seven hundred ninety-nine-ii of this title shall be fully applicable to
15 bonds, notes or other obligations issued pursuant to this section, and
16 may be included in any agreement with the holders of such bonds, notes
17 or other obligations. Nothing contained in this section shall be deemed
18 to restrict the right of the state to amend, modify, repeal or otherwise
19 alter statutes relating to the state aid subject to such assignment, but
20 such state aid shall in all events (i) continue to be so payable, as
21 assigned, so long as any such state aid is paid and (ii) continue to be
22 calculated in accordance with the same formula used for such calcu-
23 lation, and otherwise on the same basis as such aid is calculated, on
24 the date that the applicable project is approved for reimbursement.
25 § 2. The opening paragraph of subdivision 6 of section 3602 of the
26 education law, as separately amended by chapter 59 and section 7 of part
27 A2 of chapter 62 of the laws of 2003, is amended to read as follows:
28 Apportionment for capital outlays and debt service for school building
29 purposes. Any apportionment to a school district pursuant to this
30 subdivision shall be based upon base year approved expenditures for
31 capital outlays incurred prior to July first, two thousand one from its
32 general fund, capital fund or reserved funds and current year approved
33 expenditures for debt service, including debt service for refunding bond
34 issues eligible for an apportionment pursuant to paragraph g of this
35 subdivision and lease or other annual payments to the New York city
36 educational construction fund created by article ten of this chapter or
37 the city of Yonkers educational construction fund created by article
38 ten-B of this chapter which have been pledged to secure the payment of
39 bonds, notes or other obligations issued by the fund to finance the
40 construction, acquisition, reconstruction, rehabilitation or improvement
41 of the school portion of combined occupancy structures, or for lease or
42 other annual payments to the New York state urban development corpo-
43 ration created by chapter one hundred seventy-four of the laws of nine-
44 teen hundred sixty-eight, pursuant to agreement between such school
45 district and such corporation relating to the construction, acquisition,
46 reconstruction, rehabilitation or improvement of any school building, or
47 for annual payments to the dormitory authority pursuant to any lease,
48 sublease or other agreement relating to the financing, refinancing,
49 acquisition, design, construction, reconstruction, rehabilitation,
50 improvement, furnishing and equipping of, or otherwise provide for
51 school district capital facilities or school district capital equipment
52 made under the provisions of section sixteen hundred eighty of the
53 public authorities law, or for annual payments pursuant to any lease,
54 sublease or other agreement relating to the financing, refinancing,
55 acquisition, design, construction, reconstruction, rehabilitation,
56 improvement, furnishing and equipping of, or otherwise providing for
S. 6458--C 49 A. 9558--B
1 educational facilities of a city school district under the provisions of
2 section sixteen of chapter six hundred five of the laws of two thousand,
3 or for payments, pursuant to any assignment authorized by section twen-
4 ty-seven hundred ninety-nine-tt of the public authorities law, of debt
5 service in furtherance of funding the five-year educational facilities
6 capital plan of the city of New York school district or related debt
7 service costs and expenses as set forth in such section, or for lease,
8 lease-purchase or other annual payments to another school district or
9 person, partnership or corporation pursuant to an agreement made under
10 the provisions of section four hundred three-b, subdivision eight of
11 section twenty-five hundred three, or subdivision six of section twen-
12 ty-five hundred fifty-four of this chapter, provided that the apportion-
13 ment for such lease or other annual payments under the provisions of
14 section four hundred three-b, subdivision eight of section twenty-five
15 hundred three, or subdivision six of section twenty-five hundred fifty-
16 four of this chapter, other than payments under a lease-purchase agree-
17 ment or an equivalent agreement, shall be based upon approved expendi-
18 tures in the current year. Approved expenditures for capital outlays
19 from a school district's general fund, capital fund or reserved funds
20 that are incurred on or after July first, two thousand two, and are not
21 aidable pursuant to subdivision six-f of this section, shall be aidable
22 as debt service under an assumed amortization established pursuant to
23 paragraphs e and j of this subdivision. In any such case approved
24 expenditures shall be only for new construction, reconstruction,
25 purchase of existing structures, for site purchase and improvement, for
26 new garages, for original equipment, furnishings, machinery, or appara-
27 tus, and for professional fees and other costs incidental to such
28 construction or reconstruction, or purchase of existing structures. In
29 the case of a lease or lease-purchase agreement entered pursuant to
30 section four hundred three-b, subdivision eight of section twenty-five
31 hundred three or subdivision six of section twenty-five hundred fifty-
32 four of this chapter, approved expenditures for the lease or other annu-
33 al payments shall not include the costs of heat, electricity, water or
34 other utilities or the costs of operation or maintenance of the leased
35 facility. An apportionment shall be available pursuant to this subdivi-
36 sion for construction, reconstruction, rehabilitation or improvement in
37 a building, or portion thereof, being leased by a school district only
38 if the lease is for a term of at least ten years subsequent to the date
39 of the general construction contract for such construction, recon-
40 struction, rehabilitation or improvement. Each school district shall
41 prepare a five year capital facilities plan, pursuant to regulations
42 developed by the commissioner for such purpose, provided that in the
43 case of a city school district in a city having a population of one
44 million inhabitants or more, such facilities plan shall comply with the
45 provisions of section twenty-five hundred ninety-p of this chapter and
46 this subdivision. Such plan shall include, but not be limited to, a
47 building inventory, and estimated expense of facility needs, for new
48 construction, additions, alterations, reconstruction, major repairs,
49 energy consumption and maintenance by school building, as appropriate.
50 Such five year plan shall include a priority ranking of projects and
51 shall be amended if necessary to reflect subsequent on-site evaluations
52 of facilities conducted by state supported contractors.
53 § 3. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
54 section 3602 of the education law, as amended by section 1 of part F of
55 chapter 383 of the laws of 2001, is amended to read as follows:
S. 6458--C 50 A. 9558--B
1 (c) By the first day of September of the current year the comptroller
2 of the city of New York shall provide to the commissioner an analysis,
3 as prescribed by the commissioner, of the actual average interest rate
4 applied to all capital debt incurred by the city of New York for school
5 purposes (or by the New York city transitional finance authority for
6 school purposes, if no such capital debt is incurred by the city of New
7 York) during the base year and of the estimated average interest rate
8 applied to all capital debt to be incurred by the city of New York for
9 school purposes (or by the New York city transitional finance authority
10 for school purposes, if no such capital debt is incurred by the city of
11 New York) during the current year. Upon approval by the commissioner
12 such actual average interest rate shall be established as the interest
13 rate applicable to the base year for the purposes of this subparagraph
14 and subparagraph two of this paragraph, and such estimated average
15 interest rate shall be tentatively established as the interest rate
16 applicable to the current year, except that all apportionments of aid
17 payable during the current year based on such estimated average interest
18 rate shall be recalculated in the following year and adjusted as appro-
19 priate based on the appropriate actual average interest rate then estab-
20 lished by the commissioner.
21 § 4. Section 99-b of the state finance law, as added by chapter 716 of
22 the laws of 1959, is amended to read as follows:
23 § 99-b. Withholding of state aid for school purposes upon default in
24 payment of obligations of the prospective recipient. Whenever a city,
25 city school district or school district, as such terms are used and
26 defined in the education law, or the public benefit corporation to which
27 the city of New York has assigned payments pursuant to section twenty-
28 seven hundred ninety-nine-tt of the public authorities law, shall
29 default in the payment of the principal of its bonds or notes issued for
30 school purposes or the payment of the interest on such bonds or notes or
31 in the payment of both the principal of and interest on such bonds or
32 notes, the allotment, apportionment and payment of state aid and assist-
33 ance pursuant to the education law, or pursuant to any other law herein-
34 after enacted providing for state aid and assistance in lieu of or
35 substitution for the state aid and assistance presently provided pursu-
36 ant to the education law, to any such city, city school district or
37 school district, or to the city of New York or its school district in
38 the case of a default by such public benefit corporation, shall be with-
39 held by the state upon the following terms and conditions. In the event
40 a holder or owner of any such bond or note shall file with the state
41 comptroller a verified statement describing such bond or note and alleg-
42 ing default in the payment thereof or the interest thereon or both such
43 principal and interest, it shall be the duty of the state comptroller to
44 immediately investigate the circumstances of the alleged default and
45 prepare and file in his office a certificate setting forth his determi-
46 nations with respect thereto and to serve a copy thereof by registered
47 mail upon the chief fiscal officer, as such term is defined in the local
48 finance law, of the city, city school district, or school district which
49 issued such bond or note, or in the case of such public benefit corpo-
50 ration, upon the comptroller of the city of New York, the chancellor of
51 the school district of the city of New York, and the chief fiscal offi-
52 cer of such public benefit corporation.
53 Such investigation by the state comptroller shall cover the current
54 status with respect to the payment of principal of and interest on all
55 such outstanding bonds and notes of such city, city school district,
56 [or] school district, or public benefit corporation and the statement
S. 6458--C 51 A. 9558--B
1 prepared and filed by the state comptroller pursuant to the foregoing
2 provision shall set forth a description of all such bonds and notes of
3 such city, city school district [or] school district, or public benefit
4 corporation found to be in default and the amount of principal and
5 interest thereon past due.
6 Upon the filing of such a certificate in the office of the state comp-
7 troller, the state comptroller shall thereafter deduct and withhold from
8 the next succeeding allotment, apportionment or payment of such state
9 aid or assistance due such city, city school district or school
10 district, or due the city of New York or its school district in the case
11 of a default by such public benefit corporation, such amount thereof as
12 may be required to pay the principal of and interest on such bonds and
13 notes of such city, city school district, [or] school district, or
14 public benefit corporation then in default. In the event such state aid
15 or assistance initially so withheld shall be insufficient to pay all of
16 the principal of and interest on such bonds or notes of such city, city
17 school district [or] school district, or public benefit corporation so
18 in default, the state comptroller shall similarly deduct and withhold
19 from each succeeding allotment, apportionment or payment of such state
20 aid or assistance due such city, city school district, or school
21 district, or due the city of New York or its school district in the case
22 of a default by such public benefit corporation, such amount or amounts
23 thereof as may be required to pay all of the principal of and interest
24 on such bonds and notes then in default and to cure such default. Allot-
25 ments, apportionments and payments of such state aid so deducted or
26 withheld by the state comptroller shall be forwarded promptly to the
27 paying agent or agents for the bonds and notes in default of such city,
28 city school district [or] school district, or public benefit corporation
29 for the sole purpose of the payment of defaulted principal of and inter-
30 est on such bonds or notes; provided, however, that in the event any
31 such allotment, apportionment or payment of such state aid so deducted
32 or withheld shall be less than the total amount of all principal and
33 interest on the bonds and notes in default with respect to which the
34 same was so deducted or withheld, then the state comptroller shall
35 forward to each paying agent an amount in the proportion that the amount
36 of such bonds and notes in default payable to such paying agent bears to
37 the total amount of the principal of and interest then in default on
38 such bonds and notes of such city, city school district, [or] school
39 district, or public benefit corporation. The state comptroller shall
40 promptly notify the chief fiscal officer of such city, city school
41 district or school district, or in the case of such public benefit
42 corporation, the comptroller of the city of New York, the chancellor of
43 the school district of the city of New York, and the chief fiscal offi-
44 cer of such public benefit corporation, of any payment or payments made
45 to any paying agent or paying agents of defaulted bonds or notes pursu-
46 ant to this provision.
47 The state of New York hereby covenants with the purchasers and holders
48 and owners from time to time of bonds and notes issued by cities, city
49 school districts [and], school districts, and such public benefit corpo-
50 rations for school purposes that it will not repeal, revoke or rescind
51 the provisions of this section [ninety-nine-b] or amend or modify the
52 same so as to limit, impair or impede the rights and remedies granted
53 hereby; provided, however, that nothing herein contained shall be deemed
54 or construed as requiring the state to continue the payment of state aid
55 or assistance to any city, city school district or school district or as
56 limiting or prohibiting the state from repealing or amending any law
S. 6458--C 52 A. 9558--B
1 heretofore or hereafter enacted relating to state aid or assistance, the
2 manner and time of payment or apportionment thereof, or the amount ther-
3 eof.
4 § 5. This act shall take effect immediately.
5 PART A-4
6 Section 1. Paragraph c of subdivision 7 of section 3602 of the educa-
7 tion law, as amended by section 22 of part C of chapter 57 of the laws
8 of 2004, is amended to read as follows:
9 c. For the purposes of computing this apportionment for the two thou-
10 sand five--two thousand six school year and thereafter, approved trans-
11 portation capital, debt service, and lease expense shall be the amount
12 computed based upon an assumed amortization determined pursuant to para-
13 graph e of this subdivision for an expenditure incurred by a school
14 district and approved by the commissioner for those items of transporta-
15 tion capital, debt service and lease expense allowable under subdivision
16 two of section thirty-six hundred twenty-three-a of this article for:
17 (i) the regular aidable transportation of pupils, as such terms are
18 defined in sections thirty-six hundred twenty-one and thirty-six hundred
19 twenty-two-a of this article, (ii) the transportation of children with
20 disabilities pursuant to article eighty-nine of this chapter, and (iii)
21 the transportation of homeless children pursuant to paragraph c of
22 subdivision four of section thirty-two hundred nine of this chapter,
23 provided that the total approved cost of such transportation shall not
24 exceed the amount of the total cost of the most cost-effective mode of
25 transportation. Approvable expenses for the purchase of school buses
26 shall be limited to the actual purchase price, or the expense as if the
27 bus were purchased under state contract, whichever is less. If the
28 commissioner determines that no comparable bus was available under state
29 contract at the time of purchase, the approvable expenses shall be the
30 actual purchase price or the state wide median price of such bus in the
31 most recent base year in which such median price was established with an
32 allowable year to year CPI increase as defined in subdivision fourteen
33 of section three hundred five of this chapter; whichever is less. Such
34 median shall be computed by the commissioner for the purposes of this
35 subdivision. [Commencing with aid payable in the nineteen hundred nine-
36 ty-six--ninety-seven school year, no aid shall be payable in the current
37 year for costs incurred for the purchase or lease of a school bus in the
38 base year unless (i) such costs were budgeted by the school district and
39 so reported to the commissioner by November fifteenth of the base year
40 or (ii) such costs were incurred on an emergency basis to replace a
41 school bus that has been rendered unusable due to accident, fire or
42 other similar circumstance, and such emergency and the cost of such
43 replacement were reported to the commissioner within sixty days of such
44 replacement; provided, however, that nothing herein shall prohibit the
45 district from claiming aid for such purchase or lease of a school bus in
46 the year following the current school year as if such costs were
47 approved transportation expense incurred during the current year for the
48 purposes of paragraph a of this subdivision and to the extent that such
49 costs are identified to the commissioner by November first of the
50 current year.]
51 § 2. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
52 relating to certain provisions related to the 1994-95 state operations,
53 aid to localities, capital projects and debt service budgets, as amended
S. 6458--C 53 A. 9558--B
1 by section 26 of part L of chapter 57 of the laws of 2005, is amended to
2 read as follows:
3 1. Sections one through seventy of this act shall be deemed to have
4 been in full force and effect as of April 1, 1994 provided, however,
5 that sections one, two, twenty-four, twenty-five and twenty-seven
6 through seventy of this act shall expire and be deemed repealed on March
7 31, 2000; provided, however, that section twenty of this act shall apply
8 only to hearings commenced prior to September 1, 1994, and provided
9 further that section twenty-six of this act shall expire and be deemed
10 repealed on March 31, 1997; and provided further that sections four
11 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
12 twenty-one-a of this act shall expire and be deemed repealed on March
13 31, 1997; and provided further that sections three, fifteen, seventeen,
14 twenty, twenty-two and twenty-three of this act shall expire and be
15 deemed repealed on March 31, [2007] 2008.
16 § 3. This act shall be known and may be cited as "the city of Syracuse
17 and the board of education of the city school district of the city of
18 Syracuse cooperative school reconstruction act."
19 § 4. Definitions. As used or referred to in this act:
20 (a) "City" shall mean the city of Syracuse.
21 (b) "City school district" shall mean the city school district of the
22 city of Syracuse acting by and through the board of education of the
23 city school district of the city of Syracuse.
24 (c) "Commissioner" shall mean the commissioner of education of the
25 state of New York.
26 (d) "Common council" shall mean the common council of the city of
27 Syracuse.
28 (e) "Comptroller" shall mean the comptroller of the state of New York.
29 (f) "JSC board" shall mean the joint schools construction board of the
30 city and the city school district as set forth in an agreement, dated as
31 of April 1, 2004, between the city school district and the city as such
32 agreement may be from time to time amended or supplemented, acting as
33 agent for the city, school district, or both.
34 (g) "Person" shall mean a municipality or other governmental body, a
35 public corporation or an authority, a private corporation, a limited
36 liability company or partnership, or an individual.
37 (h) "Project" shall mean work at an existing school building site that
38 involves the design, reconstruction, or rehabilitation of an existing
39 school building for its continued use as a school of the city school
40 district, which may include an addition to an existing school building
41 for such continued use at a cost, for such addition, of no more than
42 nine million dollars, and which also may include (1) the construction or
43 reconstruction of athletic fields, playgrounds, and other recreational
44 facilities for such existing school building, and/or (2) the acquisition
45 and installation of all equipment necessary and attendant to and for the
46 use of such existing school building.
47 (i) "Project labor agreement" shall mean a pre-hire collective
48 bargaining agreement between a contractor and a labor organization
49 establishing the labor organization as the collective bargaining repre-
50 sentative for all persons who will perform work on the project, and
51 which provides that only contractors and subcontractors who sign a pre-
52 negotiated agreement with the labor organization can perform project
53 work.
54 (j) "Program manager" shall mean an independent program management
55 firm hired by the JSC board to assist it in: (1) developing and imple-
56 menting procedures for the projects undertaken and contracted for by the
S. 6458--C 54 A. 9558--B
1 JSC board; (2) reviewing plans and specifications for projects; (3)
2 developing and implementing policies and procedures to utilize employ-
3 ment resources to provide sufficient skilled employees for such
4 projects, including developing and implementing training programs, if
5 required; and (4) managing such projects.
6 § 5. No more than seven projects, one each at the Central High School,
7 the Blodgett School, the Shea Middle School, the H.W. Smith Elementary
8 School, the Clary Middle School, the Dr. Weeks Elementary School and the
9 Fowler High School, up to a total cost of two hundred twenty-five
10 million dollars, shall be authorized and undertaken pursuant to this
11 act, unless otherwise authorized by law.
12 § 6. Before formal selection of the projects occurs, the JSC board
13 shall develop a comprehensive plan recommending and outlining the
14 projects it proposes to be potentially undertaken pursuant to this act.
15 Such plan shall include: (a) an estimate of total costs to be financed,
16 proposed financing plan, proposed method of financing, terms and condi-
17 tions of the financing, estimated financing costs, and, if city general
18 obligation bonds or notes are not proposed as the method of financing, a
19 comparison of financing costs between such bonds or notes and the
20 proposed method of financing. The plan should also address what specific
21 options would be used to ensure that sufficient resources exist to cover
22 the local share of any such project cost on an annual basis; (b) infor-
23 mation concerning the potential persons to be involved in the financing
24 and such person's role and responsibilities; (c) estimates on the
25 design, reconstruction and rehabilitation costs by project, any adminis-
26 trative costs for potential projects, and an outline of the time-frame
27 expected for completion of each potential project; (d) a detailed
28 description of the request for proposals process and an outline of the
29 criteria to be used for selection of the program manager and all
30 contractors; (e) any proposed amendments to the city school district's
31 five year capital facilities plan submitted in accordance with subdivi-
32 sion 6 of section 3602 of the education law and the regulations of the
33 commissioner; and (f) a diversity plan, in compliance with subdivision
34 (e) of section eight of this act, to develop diversity goals, including
35 appropriate community input and public discussion, and develop strate-
36 gies that would create and coordinate any efforts to ensure a more
37 diverse workforce for the projects. The diversity plan should address
38 accountability for attainment of the diversity goals, what forms of
39 monitoring would be used, and how such information would be publicly
40 communicated.
41 Prior to the development of the comprehensive plan, the JSC board
42 shall hold as many public hearings as may be necessary to ensure suffi-
43 cient public input and allow for significant public discussion on the
44 school building needs in such city, with at least one hearing to be held
45 in each neighborhood potentially impacted by a proposed project.
46 The JSC board shall submit the components of such comprehensive plan
47 outlined in subdivision (a) of this section to the comptroller, along
48 with any other information requested by the comptroller, for his or her
49 review and approval.
50 § 7. Notwithstanding any general, special or local law to the contrary
51 and upon approval by the comptroller pursuant to section four of this
52 act, the city school district may select projects to be undertaken
53 pursuant to this act, as provided for in such approved comprehensive
54 plan. After the city school district has selected a new project and
55 plans and specifications for such project have been prepared and
56 approved by the city school district, which are consistent with the
S. 6458--C 55 A. 9558--B
1 approved comprehensive plan, the city school district shall deliver such
2 plans and specifications to the city, for approval by such city, acting
3 through the common council, and after the common council has approved
4 such plans and specifications, the city shall deliver them to the
5 commissioner for his or her approval. After approval by the commission-
6 er, the plans and specifications shall be returned to the city school
7 district and such district shall then deliver them to the JSC board.
8 All such specifications shall detail the number of students the
9 completed project is intended to serve, the site description, the types
10 of subjects to be taught, the types of activities for school, recre-
11 ational, social, safety, or other purposes intended to be incorporated
12 in the school building or on its site and such other information as the
13 city school district, the city, the common council, and the commissioner
14 shall deem necessary or advisable.
15 § 8. (a) Pursuant to the authority granted to it by an agreement and
16 any amendment or supplemental agreement thereto, between the city and
17 the city school district creating the JSC board with reference to the
18 JSC board and any amendments to those sections, the JSC board, upon
19 receipt of such plans and specifications for a project from the city,
20 may enter into contracts on behalf of the city or the city school
21 district, or both, for such project.
22 (b) Notwithstanding the provisions of any other general, special, or
23 local law to the contrary, relating to the length, duration, and terms
24 of contracts that the city or the city school district may enter into,
25 the JSC board, on behalf of the city and the city school district, is
26 hereby authorized and empowered to enter into contracts relating to
27 projects undertaken pursuant to this act with any person, upon such
28 terms and conditions and for such consideration and for such terms and
29 duration, not to exceed thirty years, as may be agreed upon by the JSC
30 board and such person, whereby such person is granted the right to
31 design (pursuant to the plans and specifications delivered to it by the
32 city), reconstruct, rehabilitate, finance or manage one or more projects
33 in accordance with the design, plans, and specifications for such
34 projects approved by the city school district, the commissioner and the
35 city, as set forth in section five of this act. All such contracts shall
36 comply with the provisions of section eight of this act.
37 (c) In the event the JSC board shall cease to exist for any reason
38 whatsoever during the life of such contracts as it has entered into
39 pursuant to this act, such contracts shall remain in full force and
40 effect and the city and the city school district shall stand jointly in
41 the place and stead of such JSC board with respect to all rights and
42 obligations under such contracts and with respect to all powers granted
43 to the JSC board by this act; provided, however, that such powers are
44 exercised by the city and the city school district jointly and pursuant
45 to their respective jurisdictions and the general laws applicable there-
46 to, except as modified by this act.
47 § 9. (a) Notwithstanding the provisions of any general, special, or
48 local law to the contrary, a contract entered into between the JSC board
49 and any person pursuant to this act may be awarded either pursuant to
50 public bidding in compliance with section 103 of the general municipal
51 law or, in order to foster major investment in existing school buildings
52 and to deliver quality products and services that are beneficial to the
53 city and the city school district and the public they serve, pursuant to
54 the following provisions of this act for the award of a contract based
55 on evaluation of proposals submitted in response to a request for
56 proposals prepared by or for the JSC board.
S. 6458--C 56 A. 9558--B
1 (b) Prior to the JSC board developing the requests for proposals, it
2 shall consult with the comptroller and the commissioner in creating
3 guidelines to be used by the JSC board in the preparation of individual
4 requests for proposals. Such guidelines shall contain provisions requir-
5 ing the compliance of the request for proposals with all applicable
6 laws, rules and regulations.
7 (c) Prior to the issuance of a request for proposals pursuant to this
8 act, the JSC board shall publish notice of such issuance in the official
9 newspaper of the city, if any, and in at least one newspaper of general
10 circulation. Concurrent with the publication of such notice, a draft
11 request for proposals shall be filed with the JSC board. After allowing
12 a thirty day comment period and an additional ten days to review such
13 comments, the JSC board may publish the final request for proposals and
14 concurrent with such publication shall publish notice of such issuance
15 in the manner specified in this subdivision. Concurrent with the publi-
16 cation of the final request for proposals, a set of comments filed in
17 relation to the draft request for proposals and findings related to the
18 substantive elements of such comments shall be filed along with the
19 request for proposals with the JSC board and in the public library or
20 libraries in proximity to the proposed project.
21 (d) The JSC board shall require that each proposal to be submitted
22 shall include information relating to: (1) the background and experience
23 of the person including any history of labor violations, and when appli-
24 cable, the identity and experience of the person's general contractor,
25 heating and plumbing contractor, electrical contractor, and design firm;
26 (2) the ability of the person to secure adequate financing, if applica-
27 ble, including the identification of the firm, if any, that will be used
28 for financing the project; and (3) identification and specification of
29 all elements of cost which would become a charge to the JSC board, the
30 city school district or city, in whatever form, in return for the
31 fulfillment by the person of all tasks and responsibilities established
32 by the request for the proposal for the full lifetime of a proposed
33 contract, including, as appropriate, but not limited to the costs,
34 direct or indirect, relating to the project and such other information
35 as the JSC board may determine to have a material bearing on its ability
36 to evaluate any proposal.
37 (e) Proposals received in response to a request for proposals shall be
38 evaluated by the JSC board, taking into account maximization of state
39 building aid, as to net cost and in a manner consistent with the
40 provisions set forth in the request for proposals, and may be evaluated
41 on the basis of additional factors when applicable, including, but not
42 limited to, quality and durability of materials, energy efficiency,
43 facility design incorporating systems and approaches which provide maxi-
44 mum facility value at the lowest possible cost for the reconstruction,
45 rehabilitation, and equipping of such projects, and maximization of
46 state building aid. In addition, evaluation of proposals received in
47 response to a request for proposals for the position of program manager
48 shall also include consideration of the criteria set forth in section
49 nine of this act.
50 (f) The JSC board may make a contract award to any responsible person
51 selected based on a determination by the JSC board that the selected
52 proposal is most responsive to the request for proposals and may negoti-
53 ate with any person; provided, however, that if an award is made to any
54 person whose total proposal does not provide the lowest net cost, the
55 JSC board shall adopt a resolution after a public hearing which includes
56 particularized findings relevant to factors evaluated indicating that
S. 6458--C 57 A. 9558--B
1 the JSC board's requirements are met by such award and that such action
2 is in the public interest.
3 § 10. Contracts. Notwithstanding the provisions of any general,
4 special, or local law or judicial decision to the contrary:
5 (a) The JSC board may require a contractor awarded a contract, subcon-
6 tract, lease, grant, bond, covenant or other agreement for a project to
7 enter into a project labor agreement during and for the work involved
8 with such project when such requirement is part of the JSC board's
9 request for proposals for the project and when the JSC board determines
10 that the record supporting the decision to enter into such an agreement
11 establishes that it is justified by the interests underlying the compet-
12 itive bidding laws.
13 (b) Any contract, subcontract, lease, grant, bond, covenant or other
14 agreement for projects undertaken pursuant to this act shall not be
15 subject to section 101 of the general municipal law when the JSC board
16 has chosen to require a project labor agreement, pursuant to subdivision
17 (a) of this section. This exemption shall only apply to the projects
18 undertaken pursuant to this act and shall not apply to projects under-
19 taken by any other school district or municipality unless otherwise
20 specifically authorized.
21 (c) Notwithstanding any general, special, or local law or judicial
22 decision to the contrary, whenever the JSC board enters into a contract,
23 subcontract, lease, grant, bond, covenant or other agreement for the
24 construction, reconstruction, demolition, excavation, rehabilitation,
25 repair, renovation, alteration, or improvement for a project undertaken
26 pursuant to this act, it shall be deemed to be a public works project
27 for the purposes of article 8 of the labor law, and all the provisions
28 of article 8 of the labor law shall be applicable to all the work
29 involved with such project including the enforcement of prevailing wage
30 requirements by the New York State department of labor.
31 (d) Every contract entered into by the JSC board for a project shall
32 contain a provision that the design of such project shall be subject to
33 the review and approval of the city school district and that the design
34 and construction standards of such project shall be subject to the
35 review and approval of the commissioner. In addition, every such
36 contract shall contain a provision that the contractor shall furnish a
37 labor and material bond guaranteeing prompt payment of moneys that are
38 due to all persons furnishing labor and materials pursuant to the
39 requirements of any contracts for a project undertaken pursuant to this
40 act and a performance bond for the faithful performance of the project,
41 which shall conform to the provisions of section 103-f of the general
42 municipal law, and that a copy of such performance and payment bonds
43 shall be kept by the city and shall be open to public inspection.
44 (e) For the purposes of article 15-A of the executive law, any person
45 entering into a contract for a project authorized pursuant to this act
46 shall be deemed a state agency as that term is defined in such article
47 and such contracts shall be deemed state contracts within the meaning of
48 that term as set forth in such article.
49 (f) Notwithstanding the provisions of this act or of any general or
50 special law to the contrary, for any contract, subcontract, lease,
51 grant, bond, covenant or other agreement for construction, recon-
52 struction, demolition, excavation, rehabilitation, repair, renovation,
53 alteration, or improvement with respect to each project undertaken
54 pursuant to this act, the JSC board shall consider the financial and
55 organizational capacity of contractors and subcontractors in relation to
56 the magnitude of work they may perform, the record of performance of
S. 6458--C 58 A. 9558--B
1 contractors and subcontractors on previous work, the record of contrac-
2 tors and subcontractors in complying with existing labor standards and
3 maintaining harmonious labor relations, and the commitment of contrac-
4 tors to work with minority and women owned business enterprises pursuant
5 to article 15-A of the executive law through joint ventures or subcon-
6 tractor relationships. The JSC board shall further require, on any
7 contract for construction in excess of three million dollars with
8 respect to any contract for construction, reconstruction, demolition,
9 excavation, rehabilitation, repair, renovation, alteration, or improve-
10 ment that each contractor and subcontractor shall participate in appren-
11 tice training programs in the trades of work it employs that have been
12 approved by the state department of labor for not less than three years.
13 § 11. (a) All contracts entered into by the JSC board for projects
14 undertaken pursuant to this act shall be managed by an independent
15 program manager. Selection of the program manager shall be pursuant to
16 the competitive process established in section seven of this act. The
17 program manager shall have experience in planning, designing, and
18 constructing new and/or reconstructing existing school buildings, public
19 facilities, commercial facilities, and/or infrastructure facilities, and
20 in the negotiation and management of labor contracts and agreements,
21 training programs, educational programs, and physical technological
22 requirements for educational programs. The program manager shall manage
23 all projects undertaken pursuant to this act, review project schedules,
24 review payment schedules, prepare cost estimates and assess the safety
25 programs of contractors and all training programs, if required. The
26 program manager shall implement procedures for verification by it that
27 all work for which payment has been requested has been satisfactorily
28 completed.
29 (b) The program manager, and its affiliates or subsidiaries, if any,
30 shall be prohibited from awarding contracts or being awarded contracts
31 for or performing any work on projects undertaken pursuant to this act.
32 § 12. Notwithstanding any other provision of law, building aid that
33 would otherwise be payable for the school district portion of expendi-
34 tures for capital outlays and debt service for each project undertaken
35 pursuant to the provisions of this act in accordance with subdivision 6
36 of section 3602 of the education law, shall be paid to the city.
37 § 13. Notwithstanding any general, special, or local law or ordinance
38 to the contrary, contracts entered into by the JSC board for projects
39 undertaken pursuant to this act: (1) may be funded by certificates of
40 participation issued by the city pursuant to this act; (2) may be
41 installment purchased contracts; and (3) shall be subject to the
42 provisions of section 109-b of the general municipal law, except for
43 paragraph (a) of subdivision 3 of such section, subdivision 5 of such
44 section, and paragraph (c) of subdivision 6 of such section, and except
45 to the extent section 109-b of the general municipal law is inconsistent
46 with the provisions of this act. All provisions with reference to
47 installment purchase contracts or certificates of participation
48 contained in section 109-b of the general municipal law, except any
49 prohibition against using such installment purchase contracts or certif-
50 icates of participation for the purposes set forth in this act, shall
51 apply to installment purchase contracts or certificates of participation
52 entered into or issued pursuant to the authority of this section of this
53 act.
54 § 14. (a) Notwithstanding any other provision of any general, special,
55 or local law or provision of this act to the contrary, any project
56 undertaken pursuant to this act shall be operated and maintained by the
S. 6458--C 59 A. 9558--B
1 board of education of the city school district in the same manner as
2 existing school buildings owned by the city are operated and maintained
3 by such board.
4 (b) Notwithstanding any other provision of any general, special, or
5 local law to the contrary, any project undertaken pursuant to the
6 provisions of this act shall be exempt from all taxes (including sales
7 and use taxes), special assessments, and special ad valorem levies and
8 from the payment of any and all charges and rents for sewer systems,
9 both while such project is being constructed and during its use by the
10 city school district for school purposes.
11 § 15. Nothing in this act shall be construed to exempt a project
12 undertaken pursuant to this act from the review and approval procedures
13 applied to such projects by the state department of education when
14 undertaken by the city school district pursuant to the education law.
15 § 16. (a) Notwithstanding any limitations contained in article 18-A of
16 the general municipal law, including subdivisions 4, 12 and 13 of
17 section 854 and section 926 of the general municipal law, a project
18 undertaken pursuant to this act shall be a "project" within the defi-
19 nition and for the purposes of subdivision 4 of section 854 of the
20 general municipal law, which may be financed by the city of Syracuse
21 industrial development agency or any successor agency thereto. In
22 connection with the city of Syracuse industrial development agency
23 financing the costs of any project undertaken pursuant to this act, the
24 city and the city school district may grant a leasehold or license
25 interest in the project and school building site constituting such
26 project to the city of Syracuse industrial development agency. All
27 contracts involving any such projects shall be awarded by the JSC board
28 pursuant to the competitive process outlined in section seven of this
29 act and shall comply with the provisions of section eight of this act.
30 A project undertaken pursuant to this act may be financed through a
31 special program agreement with the state of New York municipal bond bank
32 agency pursuant to the provisions of section 2435-a of the public
33 authorities law. It shall be the duty of the JSC board, the city school
34 district and the city to compare the financing available for such
35 projects through the city of Syracuse industrial development agency with
36 financing available through the state of New York municipal bond bank
37 agency, and to employ the financing mechanism that will result in the
38 lowest cost to the taxpayers of the city and the state. It shall be the
39 duty of the JSC board, the city school district, the city and the city
40 of Syracuse industrial development agency to share with the state of New
41 York municipal bond bank agency any information in their possession that
42 is required by the state of New York municipal bond bank agency to
43 determine the cost of financing such projects and to compute the inter-
44 est rate that would have been applicable to a bond issuance by the state
45 of New York municipal bond bank agency in the event that financing is
46 obtained through the city of Syracuse industrial development agency.
47 Any failure to provide such information within thirty days of receipt of
48 a request from the state of New York municipal bond bank agency shall be
49 deemed to be a failure of the city school district to submit the data
50 needed to compute the apportionment of state building aid, and the
51 commissioner shall withhold such apportionment until such information is
52 fully submitted. Upon request of the city school district, the director
53 of the state of New York municipal bond bank agency shall submit such
54 reports as the commissioner may require on the financing of such
55 projects and/or the interest rate that would have been applicable to
56 such projects if they had been financed through such agency.
S. 6458--C 60 A. 9558--B
1 (b) In the event that the city or city school district shall fail to
2 make a payment in such amount and by such date as is provided to be made
3 by such city or city school district under agreements entered into with
4 the city of Syracuse industrial development agency or any successor
5 agency thereto pursuant to subdivision (a) of this section, such agency
6 shall so certify to the state comptroller. Such certificate shall be in
7 such form as the agency deems desirable, but shall specify the amount by
8 which such payment shall have been deficient. The state comptroller,
9 upon receipt of such certificate from the agency, shall withhold such
10 amount from such city or city school district any state and/or school
11 aid payable to such city or city school district to the extent of the
12 amount so stated in such certificate as not having been made, and shall
13 immediately pay over to the agency the amount so withheld. Any amount so
14 paid to the agency from such state and/or school aid shall not obligate
15 the state to make, nor entitle the city or the city school district to
16 receive, any additional amounts of state and/or school aid. Nothing
17 contained herein shall be deemed to prevent the state from modifying,
18 reducing or eliminating any program or programs of state and/or school
19 aid; nor shall the state be obligated by the terms hereof to maintain
20 state and/or school aid at any particular level or amount. In the event
21 that the city or city school district shall fail to make a payment in
22 such amount and by such date as is provided to be made by such city or
23 city school district under agreements entered into with the state of New
24 York municipal bond bank agency pursuant to subdivision (a) of this
25 section and section 2435-a of the public authorities law, such agency
26 shall so certify to the state comptroller pursuant to subdivision 4 of
27 section 2436 of the public authorities law and the state comptroller
28 shall be authorized to withhold state aid pursuant to such section 2436
29 and pay it over to such agency.
30 § 17. Clause (a) of subparagraph 5 of paragraph e of subdivision 6 of
31 section 3602 of the education law, as amended by section 21 of part C of
32 chapter 57 of the laws of 2004, is amended to read as follows:
33 (a) Calculation of interest rates for the city school districts of the
34 cities of Buffalo, Rochester, Syracuse and Yonkers. (i) By the first day
35 of September of the current year, or by the date prescribed by the
36 commissioner for the two thousand one--two thousand two school year, the
37 chief fiscal officer of each of the cities of Buffalo, Rochester, Syra-
38 cuse and Yonkers shall provide to the commissioner an analysis, as
39 prescribed by the commissioner, of the actual average interest rate
40 applied to all capital debt incurred by such city related to school
41 construction purposes during the base year not including debt issued by
42 the dormitory authority for the benefit of any school district and of
43 the estimated average interest rate applied to all capital debt to be
44 incurred by such city related to school construction purposes during the
45 current year not including debt issued by the dormitory authority for
46 the benefit of any school district. Such interest rates shall be
47 expressed as a decimal to five places rounded to the nearest eighth of
48 one-one hundredth. Except as otherwise provided in [item] items (ii) and
49 (iii) of this clause, the interest rate of such city applicable to the
50 base year for the purposes of this subparagraph shall be the actual
51 average interest rate of such city in the base year, and the estimated
52 average interest rate shall be tentatively established as the interest
53 rate of such city applicable to the current year, except that all appor-
54 tionments of aid payable during the current year based on such estimated
55 average interest rate shall be recalculated in the following year and
56 adjusted as appropriate based on the appropriate actual average interest
S. 6458--C 61 A. 9558--B
1 rate then established pursuant to this clause provided, however, that in
2 any year in which such city has not incurred debt related to serial
3 bonds or sinking fund bonds as defined in sections 21.00 and 22.10,
4 respectively, of the local finance law, issued for school construction
5 purposes, the assumed interest rate calculated pursuant to clause (b) of
6 this subparagraph shall be tentatively established as the interest rate
7 of such city applicable to the projects approved by the commissioner in
8 such year, except that all apportionments of aid payable based on such
9 interest rate for each such project shall be recalculated following the
10 submission of a final cost report for such project and adjusted as
11 appropriate based on the appropriate actual average interest rate appli-
12 cable to the debt issued to fund such project, and provided further that
13 where such city has entered into an agreement with the dormitory author-
14 ity of the state of New York to finance debt related to school
15 construction that is subject to subparagraph four of this paragraph or
16 has entered into an agreement with the dormitory authority of the state
17 of New York for the purpose of financing a school construction project
18 that is subject to subparagraph three of this paragraph, the interest
19 rate applicable to the obligations issued by the dormitory authority of
20 the state of New York for such purpose shall be the interest rate estab-
21 lished for such city applicable to such debt.
22 (ii) Notwithstanding the provisions of item (i) of this clause, where
23 such city has entered into an agreement with the state of New York
24 municipal bond bank agency pursuant to subdivision one of section twen-
25 ty-four hundred thirty-five-a of the public authorities law and subdivi-
26 sion (b) of section sixteen of chapter six hundred five of the laws of
27 two thousand, or an agreement with the Erie county industrial develop-
28 ment agency for projects described in subdivision (b) of section sixteen
29 of such chapter six hundred five, to finance debt related to school
30 renovation, rehabilitation or reconstruction that is subject to subpara-
31 graph three of this paragraph, the lesser of: (A) the interest rate
32 actually applicable to the obligations issued by the state of New York
33 municipal bond bank agency or by the Erie county industrial development
34 agency for such purpose; or (B) the interest rate that would have been
35 applicable to bonds issued by the state of New York municipal bond bank
36 agency if the project had been financed through such agency, as certi-
37 fied to the commissioner by the executive director of the state of New
38 York municipal bond bank agency, shall be the interest rate established
39 for such city applicable to such debt.
40 (iii) Notwithstanding the provisions of item (i) of this clause, where
41 such city has entered into an agreement with the state of New York
42 municipal bond bank agency pursuant to subdivision one of section twen-
43 ty-four hundred thirty-five-a of the public authorities law and subdivi-
44 sion (a) of section fourteen of the city of Syracuse and the board of
45 education of the city school district of the city of Syracuse cooper-
46 ative school reconstruction act, or an agreement with the city of Syra-
47 cuse industrial development agency for projects authorized pursuant to
48 the city of Syracuse and the board of education of the city school
49 district of the city of Syracuse cooperative school reconstruction act,
50 to finance debt related to school rehabilitation or reconstruction that
51 is subject to subparagraph three of this paragraph, the lesser of: (A)
52 the net interest cost as defined by the commissioner, applicable to the
53 obligations issued by the state of New York municipal bond bank agency
54 or the city of Syracuse industrial development agency for such purpose;
55 or (B) such net interest cost, as defined by the commissioner that would
56 have been applicable to bonds issued by the state of New York municipal
S. 6458--C 62 A. 9558--B
1 bond bank agency if the project had been authorized to be financed and
2 had been financed through such entity, as certified to the commissioner
3 by the executive director of the state of New York municipal bond bank
4 agency shall be the interest rate established for such city applicable
5 to such debt.
6 § 18. The opening paragraph of subdivision 6 of section 3602 of the
7 education law, as separately amended by chapter 59 and section 7 of part
8 A2 of chapter 62 of the laws of 2003, is amended to read as follows:
9 Apportionment for capital outlays and debt service for school building
10 purposes. Any apportionment to a school district pursuant to this
11 subdivision shall be based upon base year approved expenditures for
12 capital outlays incurred prior to July first, two thousand one from its
13 general fund, capital fund or reserved funds and current year approved
14 expenditures for debt service, including debt service for refunding bond
15 issues eligible for an apportionment pursuant to paragraph g of this
16 subdivision and lease or other annual payments to the New York city
17 educational construction fund created by article ten of this chapter or
18 the city of Yonkers educational construction fund created by article
19 ten-B of this chapter which have been pledged to secure the payment of
20 bonds, notes or other obligations issued by the fund to finance the
21 construction, acquisition, reconstruction, rehabilitation or improvement
22 of the school portion of combined occupancy structures, or for lease or
23 other annual payments to the New York state urban development corpo-
24 ration created by chapter one hundred seventy-four of the laws of nine-
25 teen hundred sixty-eight, pursuant to agreement between such school
26 district and such corporation relating to the construction, acquisition,
27 reconstruction, rehabilitation or improvement of any school building, or
28 for annual payments to the dormitory authority pursuant to any lease,
29 sublease or other agreement relating to the financing, refinancing,
30 acquisition, design, construction, reconstruction, rehabilitation,
31 improvement, furnishing and equipping of, or otherwise provide for
32 school district capital facilities or school district capital equipment
33 made under the provisions of section sixteen hundred eighty of the
34 public authorities law, or for annual payments pursuant to any lease,
35 sublease or other agreement relating to the financing, refinancing,
36 acquisition, design, construction, reconstruction, rehabilitation,
37 improvement, furnishing and equipping of, or otherwise providing for
38 educational facilities of a city school district under the provisions of
39 section sixteen of chapter six hundred five of the laws of two thousand,
40 for annual payments pursuant to any lease, sublease or other agreement
41 relating to the financing, refinancing, design, reconstruction, rehabil-
42 itation, improvement, furnishing and equipping of, or otherwise provid-
43 ing for projects authorized pursuant to the city of Syracuse and the
44 board of education of the city school district of the city of Syracuse
45 cooperative school reconstruction act, or for lease, lease-purchase or
46 other annual payments to another school district or person, partnership
47 or corporation pursuant to an agreement made under the provisions of
48 section four hundred three-b, subdivision eight of section twenty-five
49 hundred three, or subdivision six of section twenty-five hundred fifty-
50 four of this chapter, provided that the apportionment for such lease or
51 other annual payments under the provisions of section four hundred
52 three-b, subdivision eight of section twenty-five hundred three, or
53 subdivision six of section twenty-five hundred fifty-four of this chap-
54 ter, other than payments under a lease-purchase agreement or an equiv-
55 alent agreement, shall be based upon approved expenditures in the
56 current year. Approved expenditures for capital outlays from a school
S. 6458--C 63 A. 9558--B
1 district's general fund, capital fund or reserved funds that are
2 incurred on or after July first, two thousand two, and are not aidable
3 pursuant to subdivision six-f of this section, shall be aidable as debt
4 service under an assumed amortization established pursuant to paragraphs
5 e and j of this subdivision. In any such case approved expenditures
6 shall be only for new construction, reconstruction, purchase of existing
7 structures, for site purchase and improvement, for new garages, for
8 original equipment, furnishings, machinery, or apparatus, and for
9 professional fees and other costs incidental to such construction or
10 reconstruction, or purchase of existing structures. In the case of a
11 lease or lease-purchase agreement entered pursuant to section four
12 hundred three-b, subdivision eight of section twenty-five hundred three
13 or subdivision six of section twenty-five hundred fifty-four of this
14 chapter, approved expenditures for the lease or other annual payments
15 shall not include the costs of heat, electricity, water or other utili-
16 ties or the costs of operation or maintenance of the leased facility. An
17 apportionment shall be available pursuant to this subdivision for
18 construction, reconstruction, rehabilitation or improvement in a build-
19 ing, or portion thereof, being leased by a school district only if the
20 lease is for a term of at least ten years subsequent to the date of the
21 general construction contract for such construction, reconstruction,
22 rehabilitation or improvement. Each school district shall prepare a five
23 year capital facilities plan, pursuant to regulations developed by the
24 commissioner for such purpose, provided that in the case of a city
25 school district in a city having a population of one million inhabitants
26 or more, such facilities plan shall comply with the provisions of
27 section twenty-five hundred ninety-p of this chapter and this subdivi-
28 sion. Such plan shall include, but not be limited to, a building inven-
29 tory, and estimated expense of facility needs, for new construction,
30 additions, alterations, reconstruction, major repairs, energy consump-
31 tion and maintenance by school building, as appropriate. Such five year
32 plan shall include a priority ranking of projects and shall be amended
33 if necessary to reflect subsequent on-site evaluations of facilities
34 conducted by state supported contractors.
35 § 19. On January 15, 2007 and annually thereafter, until completion of
36 the seven projects authorized pursuant to this act, the JSC board shall
37 issue a report to the governor, the comptroller, the commissioner, the
38 temporary president of the senate, the speaker of the assembly, the
39 city, the common council and the city school district on the progress
40 and status of the projects undertaken by the JSC board. Provided
41 further, that if any such entities request information on the progress
42 and status of the projects prior to such report, it shall be provided to
43 such entities by the JSC board.
44 In addition, on or before June 30, 2014 or upon the completion of the
45 seven projects authorized pursuant to this act, whichever shall first
46 occur, the JSC board shall issue a report to the city, the city school
47 district, the governor, the commissioner, the comptroller, the temporary
48 president of the senate, the minority leader of the senate, the speaker
49 of the assembly, the minority leader of the assembly, the state board of
50 regents, and the chairs and ranking minority members of the New York
51 state senate and assembly committees on education, the finance committee
52 of the New York state senate, and the ways and means committee of the
53 New York state assembly. Such report shall identify the fiscal and peda-
54 gogical results of the projects undertaken pursuant to this act, along
55 with recommendations for its continuance, amendments, or discontinuance.
S. 6458--C 64 A. 9558--B
1 § 20. Insofar as the provisions of this act are inconsistent with the
2 provisions of any other law, general, special, or local, or of the city
3 charter or an ordinance or resolution of the city, or any rule or regu-
4 lation, the provisions of this act shall be controlling, provided that
5 nothing contained in this act shall be held to supplement or otherwise
6 expand the powers or duties of the city or the city school district
7 except as specified herein.
8 § 21. Subdivision 12 of section 2432 of the public authorities law,
9 as added by chapter 166 of the laws of 1991, is amended to read as
10 follows:
11 (12) "Special Program Municipality". Any city having a population of
12 less than one million but more than three hundred fifty thousand; and
13 any city having a population of less than two hundred fifty thousand but
14 more than two hundred thousand, determined according to the federal
15 decennial census of nineteen hundred eighty. Such term shall also
16 include the city of Syracuse solely for the purpose of the city of Syra-
17 cuse and the board of education of the city school district of the city
18 of Syracuse cooperative school reconstruction act.
19 § 22. Subdivision 1 of section 2435-a of the public authorities law,
20 as amended by chapter 59 of the laws of 2003, is amended to read as
21 follows:
22 (1) In order to fulfill the purposes of this title and to provide a
23 means by which the special program municipalities may (a) receive moneys
24 to refund certain property taxes determined to be in excess of state
25 constitutional tax limits or to reimburse the special program munici-
26 palities for the prior refunding of such taxes or (b) receive moneys to
27 be applied to the cost of settling litigation involving the city school
28 districts of special program municipalities and the teachers' unions in
29 such special program municipalities, or (c) receive moneys for the
30 financing of public improvements to be applied to the cost of the recon-
31 struction, rehabilitation or renovation of an educational facility
32 pursuant to the provisions of subdivision (b) of section sixteen of
33 chapter six hundred five of the laws of two thousand, or (d) receive
34 moneys for the financing of public improvements to be applied to the
35 cost of a project for design, reconstruction or rehabilitation of a
36 school building pursuant to the provisions of section fourteen of the
37 city of Syracuse and the board of education of the city school district
38 of the city of Syracuse cooperative school reconstruction act, and
39 notwithstanding any general or special law to the contrary, the agency
40 and each special program municipality are hereby authorized to enter
41 into one or more special program agreements, which special program
42 agreements shall, consistent with the provisions of this title, contain
43 such terms, provisions and conditions as, in the judgment of the agency,
44 shall be necessary or desirable. Each special program agreement shall
45 specify the amount to be made available to the respective special
46 program municipality from the proceeds of an issue of special program
47 bonds and shall require such special program municipality, subject to
48 appropriation by the appropriate legislative body of such special
49 program municipality, to make payments to the agency in the amounts and
50 at the times determined by the agency to be necessary to provide for
51 payment of such issue of special program bonds and such other fees,
52 charges, costs and other amounts as the agency shall in its judgment
53 determine to be necessary or desirable.
54 § 23. Subdivision 4 of section 2436 of the public authorities law, as
55 amended by chapter 59 of the laws of 2003, is amended to read as
56 follows:
S. 6458--C 65 A. 9558--B
1 4. In the event that a special program municipality shall fail to make
2 a payment in such amount (as calculated in accordance with the special
3 program agreement to which such municipality shall be a party) and by
4 such date as is provided to be made by such municipality in its special
5 program agreement, the chairman of the agency shall so certify to the
6 comptroller. Such certificate shall be in such form as the agency deems
7 desirable, but shall specify the amount by which such payment shall have
8 been deficient. The comptroller, upon receipt of such certificate from
9 the agency, shall withhold from such special program municipality any
10 state aid payable to such municipality to the extent of the amount so
11 stated in such certificate as not having been made, and shall immediate-
12 ly pay over to the agency the amount so withheld; provided, however,
13 that in the case of a special program agreement entered into for the
14 purpose described in paragraph (b) or (c) or (d) of subdivision one of
15 section twenty-four hundred thirty-five-a of this title, the comptroller
16 shall be authorized to withhold from the special program municipality
17 such school aid as is payable to the city school district of the special
18 program municipality, to the extent of the amount so stated in such
19 certificate as not having been made, and shall immediately pay over to
20 the agency the amount so withheld. Any amount so paid to the agency from
21 such state and/or school aid shall not obligate the state to make, nor
22 entitle the special program municipality to receive, any additional
23 amounts of state and/or school aid. Nothing contained therein shall be
24 deemed to prevent the state from modifying, reducing or eliminating any
25 program or programs of state and/or school aid; nor shall the state be
26 obligated by the terms hereof to maintain state and/or school aid at any
27 particular level or amount.
28 § 24. Subdivision 1 of section 2438 of the public authorities law, as
29 amended by chapter 59 of the laws of 2003, is amended to read as
30 follows:
31 (1) The agency shall not issue bonds and notes in an aggregate princi-
32 pal amount at any one time outstanding exceeding one billion dollars,
33 excluding tax lien collateralized securities, special school purpose
34 bonds, special school deficit program bonds, special program bonds
35 issued to finance the reconstruction, rehabilitation or renovation of an
36 educational facility pursuant to the provisions of subdivision (b) of
37 section sixteen of chapter six hundred five of the laws of two thousand,
38 special program bonds issued to finance the cost of a project for
39 design, reconstruction or rehabilitation of a school building pursuant
40 to the provisions of section fourteen of the city of Syracuse and the
41 board of education of the city school district of the city of Syracuse
42 cooperative school reconstruction act and bonds and notes issued to
43 refund outstanding bonds and notes.
44 § 25. If any clause, sentence, paragraph, section or part of this act
45 shall be adjudged by any court of competent jurisdiction to be invalid,
46 such judgment shall not affect, impair or invalidate the remainder ther-
47 eof, but shall be confined in its operation to the clause, sentence,
48 paragraph, section or part thereof directly involved in that controversy
49 in which such judgment shall have been rendered.
50 § 26. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2006, and shall
52 apply to contracts entered into on behalf of school districts and boards
53 of cooperative educational services on and after such date; provided,
54 however, that:
55 1. section one of this act shall be deemed to have been in full force
56 and effect on and after July 1, 2006, and shall apply to contracts
S. 6458--C 66 A. 9558--B
1 entered into on behalf of school districts and boards of cooperative
2 educational services on and after such date; and
3 2. section two of this act shall be deemed to have been in full force
4 and effect on and after the effective date of section 101 of chapter 436
5 of the laws of 1997.
6 PART A-5
7 Section 1. Paragraph d of subdivision 15 of section 3602 of the
8 education law, as amended by section 29 of part C of chapter 57 of the
9 laws of 2004, is amended to read as follows:
10 d. Notwithstanding any inconsistent provisions of this article, if
11 such city school district elected to receive operating aid payable in
12 the two thousand--two thousand one school year under the provisions of
13 this subdivision, approved transportation expense for public service
14 transportation for transportation aid payable in the [two thousand four-
15 -two thousand five] two thousand six--two thousand seven school year
16 shall not include any expenditures to the New York City Metropolitan
17 Transportation Authority for public service transportation during the
18 [two thousand three--two thousand four] two thousand five--two thousand
19 six school year nor shall such expense be included in approved operating
20 expense.
21 § 2. Intentionally omitted.
22 § 3. Section 273 of the education law is amended by adding two new
23 subdivisions 11 and 12 to read as follows:
24 11. Notwithstanding any other provision of law to the contrary, each
25 year commencing with the two thousand six calendar year, no library or
26 library system shall receive less aid pursuant to this section or
27 section two hundred seventy-one or two hundred seventy-two of this part
28 than it would have been eligible to receive for the two thousand one
29 calendar year solely by reason of a decrease in the population of the
30 area served as a result of the latest approved federal census.
31 12. The commissioner is hereby authorized to expend in state fiscal
32 year two thousand six--two thousand seven three million dollars for
33 formula grants to public library systems, reference and research library
34 resources systems, and school library systems operating under an
35 approved plan of service. Such formula grants shall be provided for the
36 period commencing July first and ending on June thirtieth next follow-
37 ing. Such formula grants will be distributed in the following manner:
38 a. Each public library system established pursuant to sections two
39 hundred fifty-five and two hundred seventy-two of this part and operat-
40 ing under a plan approved by the commissioner is entitled to receive
41 fifteen thousand dollars and an amount equal to four percent of the
42 amount of state aid received by such system in two thousand six--two
43 thousand seven under paragraphs a, c, d, e and n of subdivision one of
44 this section;
45 b. Each reference and research library resources system established
46 pursuant to section two hundred seventy-two of this part and operating
47 under a plan approved by the commissioner is entitled to receive fifteen
48 thousand dollars and an amount equal to four percent of the amount of
49 state aid received by such system in two thousand six--two thousand
50 seven under paragraph a of subdivision four of this section; and
51 c. Each school library system established pursuant to section two
52 hundred eighty-two of this part and operating under a plan approved by
53 the commissioner is entitled to receive fifteen thousand dollars and an
54 amount equal to a four percent increase over the amount of state aid
S. 6458--C 67 A. 9558--B
1 received by such system in two thousand six--two thousand seven under
2 paragraphs a, b, c, d, e and f of subdivision one of section two hundred
3 eighty-four of this part.
4 § 4. Intentionally omitted.
5 § 5. The moneys appropriated for additional aid for educational tele-
6 vision and radio for 2006-2007 by a chapter of the laws of 2006 enacting
7 the education, labor and family assistance budget shall be for the
8 purpose of program enhancement and each public television and radio
9 station eligible for aid pursuant to section 236 of the education law
10 shall receive an allocation of additional aid equal to the product of
11 1.217 and the sum of the aid and additional aid for education television
12 and radio such public television or radio station received pursuant to
13 section 1 of chapter 53 of the laws of 2005, enacting the 2005-2006
14 education, labor and family assistance budget, in the department of
15 education cultural education program in the general fund / aid to local-
16 ities, local assistance account of the seventh undesignated paragraph,
17 with the result rounded to two decimal places.
18 § 6. Intentionally omitted.
19 § 7. Section 2431 of the public authorities law is amended by adding a
20 new closing paragraph to read as follows:
21 It is further declared to be in the public interest and it is the
22 policy of the state to provide a means by which the Shoreham-Wading
23 River Central School District may receive moneys for the specific object
24 and purpose of mitigating the adverse fiscal impact resulting from the
25 loss to the district of a significant majority of the taxable property
26 that it depended on for support of its educational programs.
27 § 8. Subdivision 19 of section 2432 of the public authorities law, as
28 added by section 67 of part H of chapter 83 of the laws of 2002, is
29 amended to read as follows:
30 (19) "Special School Purpose Municipality". For purposes of this
31 title, a special school purpose municipality shall be (a) each of the
32 cities of New York, Buffalo, Yonkers, Rochester, or Syracuse in the
33 state of New York, or (b) any school district in the state of New York
34 which has prior year claims due and payable pursuant to section thirty-
35 six hundred four of the education law as of May fifteenth, two thousand
36 two which exceeds one million dollars, or (c) any school district in the
37 state of New York other than a city school district in a city having a
38 population of one million or more which has a prior year claim due and
39 payable pursuant to section thirty-six hundred four of the education law
40 as of February fifteenth, two thousand six which exceeds thirty million
41 dollars.
42 § 9. Intentionally omitted.
43 § 10. Intentionally omitted.
44 § 11. This act shall take effect immediately and shall be deemed to
45 have been in full force and effect on and after April 1, 2006; provided
46 that section six of this act shall be deemed to have been in full force
47 and effect on and after July 1, 2005; provided, further that section ten
48 of this act shall take effect July 1, 2006; and provided, further that
49 sections eleven, twelve, thirteen, fourteen and fifteen of this act
50 shall expire and be deemed repealed December 31, 2006.
51 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
52 sion, section or part of this act shall be adjudged by any court of
53 competent jurisdiction to be invalid, such judgement shall not affect,
54 impair, or invalidate the remainder thereof, but shall be confined in
55 its operation to the clause, sentence, paragraph, subdivision, section
56 or part thereof directly involved in the controversy in which such
S. 6458--C 68 A. 9558--B
1 judgement shall have been rendered. It is hereby declared to be the
2 intent of the legislature that this act would have been enacted even if
3 such invalid provisions had not been included herein.
4 § 3. This act shall take effect immediately provided, however, that
5 the applicable effective date of Parts A through D-4 of this act shall
6 be as specifically set forth in the last section of such Parts.
7 PART B
8 Section 1. Subdivision 5 of section 481 of the general business law,
9 as amended by section 5 of part A of chapter 57 of the laws of 2005, is
10 amended to read as follows:
11 5. "Commissioner" means the commissioner of labor of the state of New
12 York, except that any reference to the commissioner with respect to
13 radioactive material, as defined in this article, or radiation equip-
14 ment, as defined in this article, shall be a reference to the commis-
15 sioner of health of the state of New York.
16 § 2. Section 482 of the general business law, as amended by chapter
17 342 of the laws of 1977, subdivision 3 as added by chapter 569 of the
18 laws of 1982, is amended to read as follows:
19 § 482. Licensing and registration. 1. No individual shall use lasers,
20 operate a crane or act as a blaster without holding a valid certificate
21 of competence issued by the commissioner of labor.
22 2. No person shall possess or use any radioactive material without a
23 valid license issued by the commissioner of health. Every installation
24 and mobile source consisting of radiation equipment shall be registered
25 with the commissioner of health.
26 3. No employer, contractor or agent thereof shall knowingly permit any
27 individual to use lasers, operate a crane or act as a blaster without
28 holding a valid certificate of competence issued by the commissioner of
29 labor.
30 § 3. Subdivision 1 of section 483 of the general business law, as
31 added by chapter 754 of the laws of 1975, is amended to read as follows:
32 1. a. The commissioner of labor is hereby authorized and directed to
33 prescribe such rules and regulations as may be necessary and proper for
34 the administration and enforcement of this article with respect to
35 lasers, crane operators and blasters.
36 b. Pursuant to section two hundred twenty-five of the public health
37 law, the public health council, subject to the approval of the commis-
38 sioner of health, is hereby authorized and directed to prescribe such
39 rules and regulations as may be necessary and proper for the adminis-
40 tration and enforcement of this article with respect to radioactive
41 material and radiation equipment. Such regulations may require the
42 posting of a bond or other security.
43 § 4. Subdivision 1 of section 484 of the general business law, as
44 added by chapter 754 of the laws of 1975, is amended to read as follows:
45 1. a. For the purpose of administering and enforcing the provisions of
46 this article with respect to lasers, cranes and blasters, the commis-
47 sioner of labor shall have and may use all of the powers conferred upon
48 him or her by the labor law, in addition to the powers conferred herein.
49 b. For the purpose of administering and enforcing the provisions of
50 this article with respect to radioactive material and radiation equip-
51 ment the commissioner of health shall have and may use all of the powers
52 conferred upon him or her by the public health law, in addition to the
53 powers conferred in this article.
S. 6458--C 69 A. 9558--B
1 § 5. Subdivision 1 of section 485 of the general business law, as
2 amended by chapter 342 of the laws of 1977, is amended to read as
3 follows:
4 1. [This] Except as otherwise provided in this article, this article
5 shall not apply to the use or possession of lasers, radioactive material
6 or radiation equipment which are subject to the regulatory powers and
7 jurisdiction of the state department of health or the health department
8 of the city of New York.
9 § 6. Paragraph (p) of subdivision 5 of section 225 of the public
10 health law, as amended by chapter 719 of the laws of 1975, is amended to
11 read as follows:
12 (p) establish regulations in respect to ionizing radiation and nonion-
13 izing electromagnetic radiation except in relation to special nuclear
14 materials in quantities sufficient to form a critical mass and excluding
15 the handling and disposal of radioactive wastes and the release of
16 radioactivity to the environment regulated by the state department of
17 environmental conservation. Such regulations may require the posting of
18 a bond or other security;
19 § 7. Transfer of employees, records, and pending actions and continua-
20 tion of rules. Upon the transfer of functions from the department of
21 labor to the department of health, provisions shall be made for the
22 transfer to the department of health of those employees who are engaged
23 in carrying out the functions transferred pursuant to this act in
24 accordance with the provisions of section 70 of the civil service law.
25 Such employees shall be transferred without further examination or qual-
26 ification and shall retain their respective civil service classifica-
27 tions and status. Furthermore, all records relevant to the transferred
28 functions shall be delivered from the department of labor to the depart-
29 ment of health, and all rules, regulations and acts in effect at the
30 time of the transfer, will remain in effect until duly modified or abro-
31 gated by the commissioner of health. Any existing contracts, licenses,
32 documents, regulations, or pending actions that relate to the trans-
33 ferred program, shall be deemed to refer to the department of health,
34 rather than the department of labor.
35 § 8. Funding. Payments for liabilities for expenses for personal
36 service, maintenance and operations and expenses associated in discharg-
37 ing the responsibilities of the department of health with respect to the
38 powers, duties, functions and responsibilities transferred herein, shall
39 be made by appropriation to the miscellaneous special revenue other
40 radiological health protection program account (339/95) in the depart-
41 ment of health. Notwithstanding any inconsistent provision of the work-
42 ers' compensation law or any other provision of law, rule or regulation,
43 and subject to the approval of the director of the budget, there shall
44 be an annual transfer of revenue from the workers' compensation board to
45 the radiological health protection program account sufficient to meet
46 the needs of the transferred powers, duties, functions and responsibil-
47 ities.
48 § 9. Transfer of functions. The commissioner of the department of
49 health and the commissioner of the department of labor shall implement
50 the orderly transfer of functions and responsibilities pursuant to this
51 act as soon as practicable. The commissioner of the department of health
52 is authorized to enter into temporary agreements with the department of
53 labor as may be deemed necessary, to continue certain arrangements for
54 the administration of the transferred functions, pending full implemen-
55 tation of the transfer, so as to prevent the disruption of the program.
S. 6458--C 70 A. 9558--B
1 § 10. Interchange authority. Notwithstanding the provisions of any law
2 to the contrary, the director of the budget is authorized to transfer to
3 the department of health funds otherwise appropriated to the department
4 of labor for the direct support or the administration of the program
5 transferred pursuant to this act.
6 § 11. This act shall take effect July 1, 2006.
7 PART C
8 Intentionally omitted.
9 PART D
10 Section 1. Subdivision 2 of section 460-a of the social services law
11 is REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and
12 3.
13 § 2. Paragraph (d) of section 201 of the business corporation law is
14 REPEALED and a new paragraph (d) is added to read as follows:
15 (d) A corporation whose statement of purposes specifically includes
16 the establishment or operation of a child day care center, as that term
17 is defined in section three hundred ninety of the social services law,
18 shall provide a certified copy of the certificate of incorporation, each
19 amendment thereto, and any certificate of merger, consolidation or
20 dissolution involving such corporation to the office of children and
21 family services within thirty days after the filing of such certificate,
22 amendment, merger, consolidation or dissolution with the department of
23 state. This requirement shall also apply to any foreign corporation
24 filing an application for authority under article thirteen of this chap-
25 ter, any amendments thereto, and any surrender of authority or termi-
26 nation of authority in this state of such corporation.
27 § 3. Section 405 of the business corporation law is REPEALED.
28 § 4. Paragraph (b) of section 404 of the not-for-profit corporation
29 law, as amended by chapter 139 of the laws of 1993 and relettered by
30 chapter 431 of the laws of 1993, is amended to read as follows:
31 (b) (1) Every certificate of incorporation which includes among its
32 purposes the care of destitute, delinquent, abandoned, neglected or
33 dependent children; [the establishment or operation of a day care center
34 for children; the establishment or operation of day care development
35 programs which are funded pursuant to section three hundred ninety-a of
36 the social services law;] the establishment or operation of any [aged
37 care accommodation, or] adult care facility, or the establishment or
38 operation of a residential program for victims of domestic violence as
39 defined in subdivision four of section four hundred fifty-nine-a of the
40 social services law, or the placing-out or boarding-out of children or a
41 home or shelter for unmarried mothers, excepting the establishment or
42 maintenance of a hospital or facility providing health-related services
43 as those terms are defined in article twenty-eight of the public health
44 law and a facility for which an operating certificate is required by
45 articles sixteen, nineteen, [twenty-three] twenty-two and thirty-one of
46 the mental hygiene law; or the solicitation of contributions for any
47 such purpose or purposes, shall have endorsed thereon or annexed thereto
48 the approval of the commissioner of [social] the office of children and
49 family services or with respect to any adult care facility, the commis-
50 sioner of health.
51 (2) A corporation whose statement of purposes specifically includes
52 the establishment or operation of a child day care center, as that term
S. 6458--C 71 A. 9558--B
1 is defined in section three hundred ninety of the social services law,
2 shall provide a certified copy of the certificate of incorporation, each
3 amendment thereto, and any certificate of merger, consolidation or
4 dissolution involving such corporation to the office of children and
5 family services within thirty days after the filing of such certificate,
6 amendment, merger, consolidation or dissolution with the department of
7 state. This requirement shall also apply to any foreign corporation
8 filing an application for authority under section thirteen hundred four
9 of this chapter, any amendments thereto, and any surrender of authority
10 or termination of authority in this state of such corporation.
11 § 5. Section 804 of the not-for-profit corporation law is amended by
12 adding a new paragraph (e) to read as follows:
13 (e) Notwithstanding any law to the contrary, a certificate of amend-
14 ment of a corporation whose statement of purposes specifically includes
15 the establishment or operation of a child day care center, as that term
16 is defined in section three hundred ninety of the social services law,
17 shall provide a certified copy of such certificate to the office of
18 children and family services within thirty days after the filing of such
19 certificate with the department of state.
20 § 6. Section 909 of the not-for-profit corporation law is amended to
21 read as follows:
22 § 909. Consent to filing.
23 If the purposes of any constituent or consolidated corporation would
24 require the approval or consent of any governmental body or officer or
25 any other person or body under section 404 (Approvals and consents) no
26 certificate of merger or consolidation shall be filed pursuant to this
27 article unless such approval or consent is endorsed thereon or annexed
28 thereto. A corporation whose statement of purposes specifically includes
29 the establishment or operation of a child day care center, as that term
30 is defined in section three hundred ninety of the social services law,
31 shall provide a certified copy of any certificate of merger or consol-
32 idation involving such corporation to the office of children and family
33 services within thirty days after the filing of such merger or consol-
34 idation with the department of state.
35 § 7. Subparagraph 1 of paragraph (b) of section 1003 of the not-for-
36 profit corporation law, as amended by chapter 726 of the laws of 2005,
37 is amended to read as follows:
38 (1) By a governmental body or officer, if such approval is required. A
39 corporation whose statement of purposes specifically includes the estab-
40 lishment or operation of a child day care center, as that term is
41 defined in section three hundred ninety of the social services law,
42 shall provide a certified copy of any certificate of dissolution involv-
43 ing such corporation to the office of children and family services with-
44 in thirty days after the filing of such dissolution with the department
45 of state.
46 § 8. Subparagraph 9 of paragraph (a) of section 1304 of the not-for-
47 profit corporation law, as added by chapter 961 of the laws of 1972 and
48 as renumbered by chapter 590 of the laws of 1982, is amended to read as
49 follows:
50 (9) Any provision required by any governmental body or officer or
51 other person or body as a condition for giving the consent or approval
52 required for the filing of such application for authority, provided such
53 provision is not inconsistent with this chapter or any other statute of
54 this state. A corporation whose statement of purposes to be conducted in
55 this state specifically includes the establishment or operation of a
56 child day care center, as that term is defined in section three hundred
S. 6458--C 72 A. 9558--B
1 ninety of the social services law, shall provide a certified copy of any
2 application for authority and any amendment thereto involving such
3 corporation to the office of children and family services within thirty
4 days after the filing of such application or amendment with the depart-
5 ment of state.
6 § 9. Subdivision 3 of section 97-www of the state finance law, as
7 added by chapter 416 of the laws of 2000, is amended to read as follows:
8 3. Moneys of the quality child care and protection fund, following
9 appropriation by the legislature and allocation by the director of the
10 budget, shall be made available to the commissioner of the office of
11 children and family services to provide grants to child day care provid-
12 ers for health and safety purposes [and], for training of child day care
13 provider staff and other activities to increase the availability and/or
14 quality of child care programs.
15 § 10. A corporation in existence as of the effective date of this act
16 whose purposes include the establishment or operation of a day care
17 center for children, as that term is used in the business corporation
18 law or not-for-profit corporation law, shall not be required to obtain
19 the approval of the office of children and family services in order to
20 file a certificate of amendment to the certificate of incorporation of
21 such corporation where the amendment is for the purpose of amending the
22 authority to establish or operate a day care center for children,
23 notwithstanding any provisions to the contrary that may be included in
24 the certificate of incorporation or certificate of amendment of such
25 corporation, unless the certificate of amendment would also amend a
26 purpose mentioned in section 460-a of the social services law or section
27 404 of the not-for-profit corporation law, or section 405-a of the busi-
28 ness corporation law; provided a corporation in existence as of the
29 effective date of this act whose purposes include the establishment or
30 operation of a day care center for children, as that term is used in the
31 business corporation law or the not-for-profit corporation law, shall
32 not be required to obtain the approval of the office of children and
33 family services in order to file a certificate of merger, consolidation
34 or dissolution, notwithstanding any provisions to the contrary that may
35 be included in the certificate of incorporation or certificate of amend-
36 ment of such corporation, unless the purposes of the corporation also
37 include a purpose mentioned in section 460-a of the social services law,
38 section 404 of the not-for-profit corporation law or section 405-a of
39 the business corporation law; a foreign corporation with authority to do
40 business in the state of New York as of the effective date of this act
41 whose purposes to be conducted in New York include the establishment or
42 operation of a day care center for children, as that term is used in the
43 business corporation law or the not-for-profit corporation law, shall
44 not be required to obtain the approval of the office of children and
45 family services in order to amend such authority, where such amendment
46 is for the purpose of amending the authority to establish or operate a
47 day care center for children, notwithstanding any provisions to the
48 contrary that may be included in such corporation's application for
49 authority, unless the amendment would also amend a purpose mentioned in
50 section 460-a of the social services law or section 404 of the not-for-
51 profit corporation law, or section 405-a of the business corporation
52 law.
53 § 11. This act shall take effect immediately; provided, however, that
54 section seven of this act shall take effect on the same date and in the
55 same manner as section 7 of chapter 726 of the laws of 2005, takes
56 effect.
S. 6458--C 73 A. 9558--B
1 PART E
2 Section 1. Section 366 of the social services law is amended by adding
3 a new subdivision 12 to read as follows:
4 12. (a) Notwithstanding any provision of law to the contrary, the
5 commissioner of health, in consultation with the office of children and
6 family services, shall develop and submit applications for waivers
7 pursuant to section nineteen hundred fifteen of the federal social secu-
8 rity act as may be necessary to provide medical assistance, including
9 services not presently included in the medical assistance program, for
10 persons described in paragraph (b) of this subdivision. If granted such
11 waivers, the commissioner of health, on the advice and recommendation of
12 the commissioner of children and family services, may authorize such
13 persons to receive such assistance to the extent funds are appropriated
14 therefor.
15 (b) Persons eligible for inclusion in the waiver program established
16 by this subdivision shall be residents of New York state under the age
17 of twenty-one years, who are eligible for care in a medical institution,
18 who have had the responsibility for their care and placement transferred
19 to the local commissioner of a social services district or to the office
20 of children and family services as adjudicated juvenile delinquents
21 under article three of the family court act, where placement is in a
22 non-secure setting, and who:
23 (i) have a diagnosis of a mental disorder under the most recent
24 edition of the Diagnostic and Statistical Manual of Mental Disorders;
25 (ii) have a diagnosis of a developmental disability as defined in
26 section 1.03 of the mental hygiene law; or
27 (iii) have a physical disability.
28 (c) Services which may be provided to persons specified in paragraph
29 (b) of this subdivision, in addition to services otherwise authorized,
30 may include but are not limited to:
31 (i) services that will permit children to be better served, prevent
32 institutionalization, and allow utilization at lower-levels of institu-
33 tional care;
34 (ii) case management services;
35 (iii) respite services;
36 (iv) medical social services;
37 (v) nutritional counseling;
38 (vi) respiratory therapy;
39 (vii) home adaptation and/or environmental modifications;
40 (viii) clinical interventions;
41 (ix) crisis services;
42 (x) social training;
43 (xi) habilitation and rehabilitation services;
44 (xii) counseling;
45 (xiii) medication therapy;
46 (xiv) partial hospitalization;
47 (xv) educational and related services; and
48 (xvi) other services included in the written plan of care.
49 (d) Notwithstanding any provision of this chapter or any other law to
50 the contrary, for purposes of determining medical assistance eligibility
51 for persons specified in paragraph (b) of this subdivision, the income
52 and resources of a legally responsible relative shall not be deemed
53 available for as long as the person meets the criteria specified in this
54 subdivision; provided, however, that such income shall continue to be
55 deemed unavailable should responsibility for the care and placement of
S. 6458--C 74 A. 9558--B
1 the person be returned to his or her parent or other legally responsible
2 person.
3 (e) Before a person may participate in the waiver program established
4 by this subdivision, the social services district that is fiscally
5 responsible for the person shall determine that there is a reasonable
6 expectation that annual medical assistance expenditures for such person
7 will not exceed federal requirements.
8 (f) The eligibility and benefits authorized by this subdivision shall
9 be applicable if, and as long as, federal financial participation is
10 available for expenditures incurred under this subdivision. The eligi-
11 bility and benefits authorized by this subdivision shall not apply
12 unless all necessary approvals under federal law and regulation have
13 been obtained to receive federal financial participation in the costs of
14 services provided pursuant to this subdivision.
15 (g) Nothing in this subdivision shall be construed to create an enti-
16 tlement to services under the waiver program established by this subdi-
17 vision.
18 (h) A person participating in the waiver program established by this
19 subdivision may continue participation in the program until it is no
20 longer consistent with the plan of care, or until age twenty-one, which-
21 ever occurs earlier, notwithstanding the person's status as having been
22 discharged from the care and placement of the local commissioner of a
23 social services district or the commissioner of children and family
24 services, including adoption.
25 § 2. This act shall take effect immediately.
26 PART F
27 Section 1. For the purposes of this part, "sexually exploited chil-
28 dren" shall mean people under the age of 18 who may be subject to sexual
29 exploitation because they have engaged or agreed or offered to engage in
30 sexual conduct with another person in return for a fee, traded sex for
31 food, clothing or a place to stay, stripped, been filmed or photographed
32 performing or engaging in sexual acts or loitered for the purpose of
33 engaging in a prostitution offense as defined in section 240.37 of the
34 penal law.
35 § 2. To the extent that monies are appropriated to the office of chil-
36 dren and family services, the office shall, in conjunction with the
37 division of criminal justice services, local probation departments,
38 local social services districts, local detention authorities, and not-
39 for-profit service providers with experience in the operation of
40 programs to meet the needs of sexually exploited children, complete a
41 comprehensive study of the prevalence of sexually exploited children
42 within New York state, the unique needs of sexually exploited children,
43 the types of programs and services that best meet such needs, and the
44 capacity of the current children's service system to meet such needs.
45 The results of such study shall be provided to the governor, the tempo-
46 rary president of the senate, the speaker of the assembly, and the
47 chairs of the senate and assembly committees on children and families by
48 December 31, 2006. Notwithstanding sections 112 and 163 of the state
49 finance law, such study shall be conducted without competitive bid or
50 request for proposal.
51 § 3. This act shall take effect April 1, 2006.
52 PART G
S. 6458--C 75 A. 9558--B
1 Section 1. The office of children and family services shall conduct a
2 pilot program in New York City, Westchester county and Monroe county to
3 test best practices in portable information technology for child protec-
4 tive services caseworkers. Such pilot program shall include the use of
5 technology, such as laptop computers, blackberries, and cellular phones
6 that allow such caseworkers to complete effectively tasks necessary for
7 their investigations of allegations of child abuse and maltreatment from
8 field locations. The commissioner of the office of children and family
9 services shall submit a report to the governor, the temporary president
10 of the senate and the speaker of the assembly no later than January 15,
11 2007, detailing the impact of such pilot program on caseworker efficien-
12 cy and productivity, and on caseload impact for caseworkers with such
13 technology. Such report shall also include the commissioner's recommen-
14 dation as to whether the pilot program should be continued as it exists,
15 expanded, or discontinued and shall address the issue of cyber security.
16 § 2. This act shall take effect immediately and shall expire April 1,
17 2007.
18 PART H
19 Section 1. Subdivision 15 of section 501 of the executive law, as
20 added by chapter 170 of the laws of 1994, is amended to read as follows:
21 15. In the event that the [division] office of children and family
22 services determines that significant service reductions, public employee
23 staffing reductions and/or the transfer of operations to a private or
24 not-for-profit entity are anticipated in the [division's] office of
25 children and family services long term planning process or for a partic-
26 ular facility in a future year, to take the following actions:
27 (a) confer with [appropriate state agencies such as] the department of
28 civil service [and], the governor's office of employee relations and any
29 other state agency to develop strategies which attempt to minimize the
30 impact on the state workforce by providing assistance in obtaining state
31 [or other] employment in state-operated community-based services or
32 other employment opportunities, and to develop strategies for the devel-
33 opment of necessary retraining and redeployment programs. In planning
34 such strategies, the [director] commissioner of the office of children
35 and family services shall provide for the participation of the represen-
36 tatives of the employee labor organizations and for the participation of
37 managerial and confidential employees [for assistance, particularly with
38 continuity of employment strategies] to ensure continuity of employment;
39 (b) consult with the department of economic development and any other
40 appropriate state agencies to develop strategies which attempt to mini-
41 mize the impact of such significant service reductions, public employee
42 staffing reductions and/or the transfer of operations to a private or
43 not-for-profit entity on the local and regional economies;
44 (c) provide for a mechanism which may reasonably be expected to
45 provide notice to [the legislature, affected] local governments, commu-
46 nity organizations, employee labor organizations, [and] managerial and
47 confidential employees, consumer and advocacy groups of the potential
48 for significant service reductions, public employee staffing reductions
49 and/or the transfer of operations to a private or not-for-profit entity
50 at such state-operated facilities, at least [nine] twelve months prior
51 to commencing such service reduction[. However, the division is not
52 required to provide such prior notice when client and employee health
53 and safety, or client management situations necessitate more immediate
S. 6458--C 76 A. 9558--B
1 service reduction decisions. In those cases, the division shall provide
2 notice to the above parties as soon as practicable]; and
3 (d) [work] consult with the office of general services and any other
4 appropriate state [agencies] agency in developing a mechanism for deter-
5 mining alternative uses for land and buildings to be vacated by the
6 [division] office of children and family services. Such a mechanism
7 should include a review of [community based youth programs that could
8 utilize the vacated land and buildings for their operations and be
9 consistent with state procedures and regulations] other programs or
10 state agencies that could feasibly expand their operations onto a state-
11 operated campus and are compatible with health, safety and programmatic
12 needs of persons served in such facilities.
13 § 2. This act shall take effect immediately.
14 PART I
15 Section 1. Section 606 of the tax law is amended by adding a new
16 subsection (d-1) to read as follows:
17 (d-1) Enhanced earned income tax credit. (1) A taxpayer described in
18 paragraph two of this subsection shall be allowed a credit equal to the
19 greater of:
20 (A) twenty percent of the amount of the earned income tax credit that
21 would have been allowed to the taxpayer under section 32 of the internal
22 revenue code, absent the application of section 32(b)(2)(B) of such
23 code, if the child or children described in subparagraph (C) of para-
24 graph two of this subsection satisfied the requirements for a qualifying
25 child set forth in section 32(c)(3) of such code, provided however, that
26 the credit shall be calculated as if the taxpayer had only one child; or
27 (B) the product of two and one-half and the amount of the earned
28 income tax credit that would have been allowed to the taxpayer under
29 section 32 of the internal revenue code, if the taxpayer satisfied the
30 eligibility requirements set forth in section 32(c)(1)(A)(ii) of such
31 code.
32 (2) To be allowed a credit under this subsection, a taxpayer must
33 satisfy all of the following qualifications.
34 (A) The taxpayer must be a resident taxpayer.
35 (B) The taxpayer must have attained the age of eighteen.
36 (C) The taxpayer must be the parent of a minor child or children with
37 whom the taxpayer does not reside.
38 (D) The taxpayer must have an order requiring him or her to make child
39 support payments, which are payable through a support collection unit
40 established pursuant to section one hundred eleven-h of the social
41 services law, which order must have been in effect for at least one-half
42 of the taxable year.
43 (E) The taxpayer must have paid an amount in child support in the
44 taxable year at least equal to the amount of current child support due
45 during the taxable year for every order requiring him or her to make
46 child support payments.
47 (3) If the amount of the credit allowed under this subsection shall
48 exceed the taxpayer's tax for such year, the excess shall be treated as
49 an overpayment of tax to be credited or refunded in accordance with the
50 provisions of section six hundred eighty-six of this article, provided,
51 however, that no interest shall be paid thereon.
52 (4) No claim for credit under this subsection shall be allowed unless
53 the department has verified, from information provided by the office of
54 temporary and disability assistance, that a taxpayer has satisfied the
S. 6458--C 77 A. 9558--B
1 qualifications set forth in subparagraphs (C), (D) and (E) of paragraph
2 two of this subsection. The office of temporary and disability assist-
3 ance shall provide to the department by January fifteenth of each year
4 information applicable for the immediately preceding tax year necessary
5 for the department to make such verification. Such information shall be
6 provided in the manner and form agreed upon by the department and such
7 office. If a taxpayer's claim for a credit under this subsection is
8 disallowed because the taxpayer has not satisfied the qualifications set
9 forth in subparagraphs (C), (D) and (E) of paragraph two of this
10 subsection, the taxpayer may request a review of those qualifications by
11 the support collection unit established pursuant to section one hundred
12 eleven-h of the social services law through which the child support
13 payments were payable. The support collection unit shall transmit the
14 result of that review to the office of temporary and disability assist-
15 ance on a form developed by such office. Such office shall then transmit
16 such result to the department in a manner agreed upon by the department
17 and such office.
18 (5) A taxpayer shall not be allowed multiple credits under this
19 subsection for a taxable year even if such taxpayer has more than one
20 child or has more than one order requiring him or her to make child
21 support payments.
22 (6) If a credit is allowed under this subsection and the taxpayer is
23 also allowed a credit under subsection (d) of this section, the taxpayer
24 shall only be allowed to claim one credit.
25 (7) In the report prepared pursuant to paragraph seven of subsection
26 (d) of this section, the commissioner shall include statistical informa-
27 tion concerning the credit allowed pursuant to this subsection. Such
28 information shall be limited to the number of credits and the average
29 amount of such credits allowed; and of those, the number of credits and
30 the average amounts of such credits allowed to taxpayers in each county.
31 § 2. This act shall take effect immediately and shall apply to taxable
32 years beginning on or after January 1, 2006 and before January 1, 2013.
33 PART J
34 Section 1. Subdivision 17 of section 153 of the social services law is
35 REPEALED and a new subdivision 17 is added to read as follows:
36 17. From an amount specifically appropriated therefor, the commission-
37 er of the office of temporary and disability assistance shall provide
38 additional enhanced reimbursement for administration of income mainte-
39 nance, food stamps, and employment programs to social services districts
40 which meet the work participation rates set forth in subdivision seven
41 of section three hundred thirty-five-b of this chapter. The amount of
42 reimbursement available to each social services district shall be estab-
43 lished by the commissioner of the office of temporary and disability
44 assistance with the approval of the director of the budget. Separate
45 amounts of reimbursement shall be available to a social services
46 district for meeting each of the following categories: for households
47 receiving assistance funded under the federal temporary assistance for
48 needy families block grant program in which there is an adult or minor
49 head of household; and for households with dependent children in which
50 there is an adult or minor head of household and which is receiving
51 safety net assistance and payment for which is used to meet the feder-
52 ally required maintenance of effort for the temporary assistance for
53 needy families block grant. The office of temporary and disability
54 assistance may advance reimbursement that would be available for full
S. 6458--C 78 A. 9558--B
1 compliance and may recover any amounts unearned by the district by with-
2 holding any other reimbursement due from the state to the social
3 services district.
4 § 2. Subdivision 1 of section 335-b of the social services law, as
5 added by section 148 of part B of chapter 436 of the laws of 1997, para-
6 graph (a) as amended by section 3 of part C of chapter 57 of the laws of
7 2005 and paragraphs (b) and (d) as amended by chapter 214 of the laws of
8 1998, is amended to read as follows:
9 1. Each social services district shall meet or exceed the minimum
10 participation rate for recipients of assistance funded under the federal
11 temporary assistance [to] for needy families program participating in
12 work activities as specified below with respect to families receiving
13 such assistance. Each such district shall also meet or exceed the mini-
14 mum participation [rate] rates for households [without dependent chil-
15 dren] in which there is an adult who [is not otherwise exempt from work
16 requirements and which] is receiving safety net assistance. Work activ-
17 ities for which such rates apply are described in section three hundred
18 thirty-six of this title. [Each social services district that fails to
19 meet these rates shall be subject to the provisions of section one
20 hundred fifty-three of this chapter.]
21 (a) Such rate for all families receiving assistance funded under the
22 federal temporary assistance [to] for needy families program shall be as
23 follows: for federal fiscal year nineteen hundred ninety-seven, twenty-
24 five percent; nineteen hundred ninety-eight, thirty percent; nineteen
25 hundred ninety-nine, thirty-five percent; two thousand, forty percent;
26 two thousand one, forty-five percent; two thousand two and thereafter,
27 fifty percent. Such rates shall apply unless the state is required to
28 meet a different rate as imposed by the federal government, in which
29 case such different rate shall apply in accordance with a methodology
30 approved by the commissioner of the office of temporary and disability
31 assistance.
32 (b) Such rate for [(1)] two-parent families receiving assistance fund-
33 ed under the federal temporary assistance [to] for needy families
34 program [or (2) households without dependent children in which there is
35 an adult who is not otherwise exempt receiving safety net assistance,]
36 shall be as follows: for federal fiscal years nineteen hundred ninety-
37 seven and nineteen hundred ninety-eight, seventy-five percent; nineteen
38 hundred ninety-nine and thereafter, ninety percent. Such [rates] rate
39 shall apply unless the state is required to meet a different rate as
40 imposed by the federal government, in which case such different rate
41 shall apply in accordance with a methodology approved by the commission-
42 er of the office of temporary and disability assistance.
43 (c) Such rate for households with dependent children in which there is
44 an adult or minor head of household and which is receiving safety net
45 assistance shall be fifty percent.
46 (d) Calculation of participation rates. The commissioner of the office
47 of temporary and disability assistance shall promulgate regulations
48 which define the participation rate calculation. Such calculation for
49 families receiving assistance funded under the federal temporary assist-
50 ance [to] for needy families program pursuant to article IV-A of the
51 social security act shall be consistent with that established in federal
52 law. [The commissioner shall report annually, or as frequently as neces-
53 sary to comply with federal requirements, to the commissioner of social
54 services or the commissioners of successor agencies the average monthly
55 participation rate for each social services district.
S. 6458--C 79 A. 9558--B
1 (d)] (e) Minimum work hours. In order for individuals to be included
2 in the participation rates specified in this subdivision, such individ-
3 uals must be engaged in work as defined in title IV-A of the social
4 security act and in this section for a minimum average weekly number of
5 hours as specified below.
6 (i) For all families, if the month is in federal fiscal year: nineteen
7 hundred ninety-seven and nineteen hundred ninety-eight, twenty hours per
8 week; nineteen hundred ninety-nine, twenty-five hours per week; two
9 thousand and thereafter, thirty hours per week.
10 (ii) For two-parent families or households without dependent children,
11 in any federal or state fiscal year, thirty-five hours per week.
12 (iii) In the case of a two-parent family receiving federally funded
13 child care assistance and a parent in the family is not disabled or
14 caring for a severely disabled child, the individual and the other
15 parent in the family are participating in work activities for a total of
16 at least fifty-five hours per week during the month, not fewer than
17 fifty hours of which are attributable to activities described in para-
18 graphs (a) through (h) and (l) of subdivision one of section three
19 hundred thirty-six of this title.
20 (f) Such rate for households without dependent children in which there
21 is an adult or minor head of household and which is receiving safety net
22 assistance shall be fifty percent.
23 § 3. Section 335-b of the social services law is amended by adding a
24 new subdivision 7 to read as follows:
25 7. Notwithstanding the participation rates set forth in subdivision
26 one of this section, for purposes of receiving the enhanced state
27 reimbursement for administration of income maintenance, food stamps, and
28 employment programs as set forth in subdivision seventeen of section one
29 hundred fifty-three of this article, the district must meet a fifty
30 percent average monthly participation rate for the following categories
31 of households in a fiscal year: households receiving assistance funded
32 under the federal temporary assistance for needy families block grant
33 program in which there is an adult or minor head of household; and
34 households with dependent children in which there is an adult or minor
35 head of household and which is receiving safety net assistance and
36 payment for which is used to meet the federally required maintenance of
37 effort for the temporary assistance for needy families block grant;
38 provided, however, that in the first state fiscal year in which this
39 subdivision shall have become a law, the participation rate shall be
40 calculated by averaging the monthly participation rate for the period
41 from October first, two thousand six to December thirty-first, two thou-
42 sand six and for the second year, the participation rate shall be calcu-
43 lated by averaging the monthly participation rate for the period from
44 October first, two thousand six to September thirtieth, two thousand
45 seven, and for each year thereafter, the participation rate shall be
46 calculated by averaging the monthly participation rate for the federal
47 fiscal year.
48 § 4. Section 159 of the social services law is amended by adding a new
49 subdivision 12 to read as follows:
50 12. To the extent allowable under federal law and to the extent that
51 the state has spending sufficient to exceed the federally required main-
52 tenance of effort for the temporary assistance for needy families block
53 grant, the office of temporary and disability assistance may maximize
54 the state's work participation rate by targeting safety net assistance
55 payments utilized to meet the federally required maintenance of effort
56 for the temporary assistance for needy families block grant to safety
S. 6458--C 80 A. 9558--B
1 net assistance cases that are not exempt from work activities, that have
2 not been in sanction status for over three months, and that do not
3 include two parents who are eligible for assistance who live in the same
4 dwelling unit, or to other categories of cases, as defined by the office
5 of temporary and disability assistance, that have no other potential
6 impediments to participating in countable federal work activities.
7 § 5. Section 131-aa of the social services law, as added by section 1
8 of part D of chapter 57 of the laws of 2004, is amended to read as
9 follows:
10 § 131-aa. Monthly statistical reports. 1. Reporting requirements. The
11 commissioner of the office of temporary and disability assistance shall
12 issue, within sixty days of the end of each month, a monthly statistical
13 report containing each of the tables in the March two thousand four
14 Temporary and Disability assistance statistics report as provided on the
15 office of temporary and disability assistance website. Such report shall
16 also include aggregate total claims for both New York city and the rest
17 of the state related to temporary and disability assistance not already
18 included in the March 2004 Temporary and Disability Assistance Statis-
19 tics report as provided on the office of temporary and disability
20 assistance website. The commissioner may also include similar tables
21 containing statistical information including, but not limited to, tempo-
22 rary and disability assistance claims on emergency child care, family
23 shelter, shelter for victims of domestic violence, eviction prevention
24 including, but not limited to, security deposits and brokers fees,
25 supplemental claims, cancellations or refunds, drug or alcohol treat-
26 ment, and increased costs associated with cases for individuals with
27 AIDS. The commissioner may also include any other statistical informa-
28 tion related to temporary and disability assistance that he or she deems
29 to be appropriate. The commissioner shall also, within sixty days of the
30 completion of [the first and third quarters] each quarter of the state
31 fiscal year, issue an update of monthly temporary and disability assist-
32 ance claims for each of the previous twenty-four months based on actual
33 claims received by the end of [the previous] such quarter; provided,
34 however, the update following the third quarter of the state fiscal year
35 shall be completed within thirty days. Such update shall include the
36 total number of recipients, the monthly average payment, and total
37 claims, received by the end of [the previous] such quarter, for New York
38 city, the rest of the state, and total state claims.
39 2. Additional reporting requirements. In addition to the information
40 required to be included in the monthly statistical report pursuant to
41 subdivision one of this section, the commissioner of the office of
42 temporary and disability assistance shall include in such monthly
43 statistical report detailed tables with comprehensive data for federally
44 participating family assistance and safety net cases, safety net non-
45 maintenance of effort cases, and safety net maintenance of effort cases,
46 for each county and New York city, according to the following catego-
47 ries:
48 (a) Work participation rates. A statistical table containing data
49 related to federally required work participation rates including, but
50 not limited to, the numerator applied to the required federal calcu-
51 lation for work participation and the denominator applied to the federal
52 calculation for work participation; and any other information that the
53 commissioner deems to be appropriate.
54 (b) Earned income. A statistical table containing data related to the
55 aggregate amount of earned income reported by public assistance recipi-
56 ents including, but not limited to, aggregate earned income used in the
S. 6458--C 81 A. 9558--B
1 calculation of public assistance benefits, both before and after the
2 earnings disregard is applied to such benefits, the number of cases for
3 which earned income is applied to the calculation of such benefits, both
4 before and after the earnings disregard, and any other information that
5 the commissioner deems to be appropriate.
6 (c) Sanctioned cases. A statistical table containing data related to
7 the number of cases in sanction status and the reason for such sanction
8 including, but not limited to, the number of sanctioned cases included
9 in the federal work participation calculation, the number of sanctioned
10 cases not included in the federal work participation calculation, and
11 any other information that the commissioner deems to be appropriate.
12 (d) Home energy assistance program (HEAP). For each county and New
13 York city, a statistical table containing data related to the allocation
14 of federal and state monies for the HEAP program and the number and
15 dollar amount of benefits provided including, but not limited to, the
16 number, dollar amount and average dollar amount of regular autopay bene-
17 fits, regular non-autopay benefits, emergency benefits, allocation for
18 administrative costs, and any other information that the commissioner
19 deems to be appropriate.
20 3. Upon issuance, the reports required by this section shall be posted
21 on the office of temporary and disability assistance website, and shall
22 also be submitted by the commissioner to the governor, the temporary
23 president of the senate, the speaker of the assembly, the chair of the
24 senate finance committee and the chair of the assembly ways and means
25 committee.
26 § 6. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2006; provided,
28 however, that section four of this act shall take effect October 1,
29 2006; and provided further that section five of this act shall take
30 effect on the forty-fifth day after it shall have become a law and shall
31 apply to reports issued on and after such date.
32 PART K
33 Section 1. Subdivision 2 of section 665 of the education law is
34 amended by adding a new paragraph c to read as follows:
35 c. A student shall qualify for accelerated study upon the completion
36 of twenty-four credit hours, or its equivalent, from such institution in
37 the preceding two semesters, or the equivalent, prior to the term of the
38 application.
39 § 2. This act shall take effect July 1, 2006.
40 PART L
41 Section 1. Report on the tuition assistance program. The president of
42 the higher education services corporation shall develop and prepare a
43 report on the tuition assistance program (TAP) which shall be submitted
44 by February 15th of each year to the governor, the majority leader of
45 the senate, the speaker of the assembly, the chair of the senate finance
46 committee, the chair of the assembly ways and means committee and the
47 chairs of the higher education committees in both houses. Such report
48 shall review and include, but not be limited to, information or data on
49 the following areas:
50 (1) All policies regarding, and the costs associated with, the
51 distribution of TAP funds to both full-time and part-time TAP recipi-
52 ents.
S. 6458--C 82 A. 9558--B
1 (2) Payment schedules, certification times, and repayment procedures
2 for TAP.
3 (3) A survey of the eligibility requirements for full-time and part-
4 time TAP recipients.
5 (4) A review of all procedures for the adjustments of income for
6 change in circumstance and its impact and utilization by recipients of
7 TAP, at each institution, each semester or trimester.
8 (5) The number and circumstances under which one-time exemptions from
9 academic progress requirements were granted to recipients of TAP, at
10 each institution, each semester or trimester.
11 (6) The availability of state financial assistance as it pertains to
12 the increasing cost of attending a college or university.
13 (7) The number of students receiving TAP, full-time and part-time, at
14 each institution, each semester or trimester.
15 (8) The number of credits earned by students receiving TAP, full-time
16 and part-time, at each institution, each semester or trimester.
17 (9) The number of students receiving TAP, full-time and part-time, at
18 each institution, each semester or trimester, that become ineligible for
19 TAP because they have exhausted their allotment.
20 § 2. This act shall take effect immediately and shall expire and be
21 deemed repealed upon the submission of the report on February 15, 2009.
22 PART M
23 Section 1. Subdivision 5 of section 663 of the education law is
24 amended by adding a new paragraph (c) to read as follows:
25 (c) When making adjustments to income for change in circumstance, the
26 corporation shall, pursuant to rules and regulations, include the
27 following as causes for change in status of the applicant: (i)
28 catastrophic illness of the applicant; and (ii) the applicant or the
29 spouse of the applicant being called to active military duty.
30 § 2. This act shall take effect immediately and shall expire and be
31 deemed repealed June 30, 2007.
32 PART N
33 Section 1. The education law is amended by adding a new section 667-c
34 to read as follows:
35 § 667-c. Part-time tuition assistance program awards. 1. Notwith-
36 standing any law, rule or regulation to the contrary, the president of
37 the higher education services corporation is authorized to make tuition
38 assistance program awards to part-time students enrolled at the state
39 university, a community college, the city university of New York, and a
40 non-profit college or university incorporated by the regents or by the
41 legislature who meet all requirements for tuition assistance program
42 awards except for the students' part-time attendance.
43 2. For purposes of this section, a part-time student is one who:
44 a. enrolled as a first-time freshman during the two thousand six--two
45 thousand seven academic year or thereafter at a college or university
46 within the state university, including a statutory or contract college,
47 a community college established pursuant to article one hundred twenty-
48 six of this chapter, the city university of New York, or a non-profit
49 college or university incorporated by the regents or by the legislature;
50 b. has earned at least twelve credits in each of two consecutive
51 semesters at one of the institutions named in paragraph a of this subdi-
52 vision by the time of the awards;
S. 6458--C 83 A. 9558--B
1 c. is enrolled for at least six but less than twelve semester hours,
2 or the equivalent, per semester in an approved undergraduate degree
3 program; and
4 d. has a cumulative grade-point average of at least 2.00.
5 3. a. For part-time students defined in this section, the award shall
6 be calculated as provided in section six hundred sixty-seven of this
7 article and shall be in an amount equal to the enrollment factor percent
8 of the award the student would have been eligible for if the student
9 were enrolled full-time. The enrollment factor percent is the percentage
10 obtained by dividing the number of credits the student is enrolled in,
11 as certified by the school, by the number of credits required for full-
12 time study in the semester, quarter or term as defined by the commis-
13 sioner.
14 b. Any semester, quarter or term of attendance during which a student
15 receives an award pursuant to this section shall be counted as the
16 enrollment factor percent of a semester, quarter or term toward the
17 maximum term of eligibility for tuition assistance awards pursuant to
18 section six hundred sixty-seven of this article. The total period of
19 study for which payment may be made shall not exceed the equivalent of
20 the maximum period authorized for that award.
21 § 2. This act shall take effect July 1, 2006.
22 PART O
23 Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
24 tion law is amended by adding a new subparagraph 9 to read as follows:
25 (9) The trustees shall review any proposed community college tuition
26 increase and the justification for such increase. The justification
27 provided by the community college for such increase shall include a
28 detailed analysis of ongoing operating costs, capital, debt service
29 expenditures, and all revenues.
30 § 2. The opening paragraph of paragraph (a) of subdivision 7 of
31 section 6206 of the education law, as amended by chapter 327 of the laws
32 of 2002, is amended to read as follows:
33 The board of trustees shall establish positions, departments, divi-
34 sions and faculties; appoint and in accordance with the provisions of
35 law fix salaries of instructional and non-instructional employees there-
36 in; establish and conduct courses and curricula; prescribe conditions of
37 student admission, attendance and discharge; and shall have the power to
38 determine in its discretion whether tuition shall be charged and to
39 regulate tuition charges, and other instructional and non-instructional
40 fees and other fees and charges at the educational units of the city
41 university. The trustees shall review any proposed community college
42 tuition increase and the justification for such increase. The justifica-
43 tion provided by the community college for such increase shall include a
44 detailed analysis of ongoing operating costs, capital, debt service
45 expenditures, and all revenues. The trustees shall not impose a differ-
46 ential tuition charge based upon need or income. All students enrolled
47 in programs leading to like degrees at the senior colleges shall be
48 charged a uniform rate of tuition, except for differential tuition rates
49 based on state residency. The trustees shall further provide that the
50 payment of tuition and fees by any student who is not a resident of New
51 York state, other than a non-immigrant alien within the meaning of para-
52 graph (15) of subsection (a) of section 1101 of title 8 of the United
53 States Code, shall be paid at a rate or charge no greater than that
54 imposed for students who are residents of the state if such student:
S. 6458--C 84 A. 9558--B
1 § 3. This act shall take effect immediately.
2 PART P
3 Section 1. Section 605 of the education law is amended by adding a new
4 subdivision 7-a to read as follows:
5 7-a. New York state math and science teaching incentive program awards
6 pursuant to section six hundred sixty-nine-d of this title.
7 § 2. The education law is amended by adding a new section 669-d to
8 read as follows:
9 § 669-d. New York state math and science teaching incentive program.
10 1. Eligibility. Notwithstanding subdivision five of section six hundred
11 sixty-one of this part, undergraduate and/or graduate students who are
12 matriculated in an approved undergraduate or graduate program at degree
13 granting institutions leading to a career as a math or science teacher
14 in secondary education shall be eligible for an award under this
15 section, provided the applicant: (a) signs a contract with the corpo-
16 ration agreeing to teach on a full-time basis for five years in the
17 field of math or science in a school located within New York state
18 providing secondary education recognized by the board of regents or the
19 university of the state of New York; and (b) complies with the applica-
20 ble provisions of this article and all requirements promulgated by the
21 corporation for the administration of the program.
22 2. Within amounts appropriated therefor, awards shall be granted to
23 applicants that the corporation has certified are eligible to receive
24 such awards. Up to five hundred awards may be made to new recipients
25 annually. Such awards shall be made to recipients after the successful
26 completion of each academic year, as defined by the corporation.
27 3. Each award shall entitle the recipient to an annual award for not
28 more than four academic years of full-time undergraduate study and one
29 academic year of full-time graduate study leading to permanent certif-
30 ication as a teacher in mathematics or science.
31 4. Recipients shall receive an annual award for successful completion
32 of an academic year, equal to the annual tuition charged to state resi-
33 dent students attending an undergraduate program full-time at the state
34 university of New York, or actual tuition charged, whichever is less.
35 5. The corporation shall convert to a student loan the full amount of
36 the award given pursuant to this section, plus interest, according to a
37 schedule to be determined by the corporation if: (a) two years after the
38 completion of the degree program and receipt of certification it is
39 found that a recipient is not teaching in the field of math or science
40 in a school located within New York state providing secondary education
41 recognized by the board of regents or the university of the state of New
42 York; or (b) a recipient has not taught in the field of math or science
43 in a school located within New York state providing secondary education
44 recognized by the board of regents or the university of the state of New
45 York for each of the five years after the completion of the degree
46 program and receipt of certification; or (c) a recipient fails to
47 complete their degree program or changes majors to an undergraduate
48 degree program other than in science or math; or (d) a recipient fails
49 to receive or maintain their teaching certificate or license in New York
50 state; or (e) a recipient fails to respond to requests by the corpo-
51 ration for the status of his or her academic or professional progress.
52 6. The corporation is authorized to promulgate rules and regulations
53 necessary for the implementation of the provisions of this section,
54 including the criteria for the provision of awards on a competitive
S. 6458--C 85 A. 9558--B
1 basis and the rate of interest charged for repayment of the student
2 loan.
3 § 3. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after July 1, 2006, and the
5 payment of tuition reimbursement for study in the 2006-07 academic year
6 shall first be made in the 2007-08 academic year.
7 PART Q
8 Section 1. Paragraphs (a) and (c) of subdivision 6 of section 1 of
9 part U of chapter 57 of the laws of 2005 amending the labor law and
10 other laws relating to implementing the state fiscal plan for the 2005-
11 2006 state fiscal year, as added by section 1 of part D of chapter 63 of
12 the laws of 2005, are amended to read as follows:
13 (a) Each contract entered into by a college, which involves a project
14 for which the college has received a capital grant award, shall be
15 subject to the approval of the comptroller and, as to form [and manner
16 of execution,] by the attorney general of the state of New York.
17 (c) Colleges whose contracts are not state contracts for the purposes
18 of article 9 of the state finance law and article 15-A of the executive
19 law and whose projects under such contracts do not involve public work
20 so as to be subject to articles 8, 9 and 10 of the labor law, shall
21 execute an undertaking, as a condition of receiving any capital matching
22 grant, to voluntarily comply with article 9 of the state finance law,
23 except section 135 of such law, article 15-A of the executive law, and
24 articles 8, 9 and 10 of the labor law so far as the same would be appli-
25 cable to the contracts of a public college, and to be subject to the
26 enforcement provisions of said articles to the same extent, and any
27 employer that is a party to a contract directly or indirectly with such
28 college involving the employment of laborers, workers or mechanics with
29 respect to a project financed in whole or in part by any capital match-
30 ing grant shall be subject to articles 8, 9 and 10 of the labor law,
31 including without limitation the enforcement of its provisions by the
32 department of labor to the same extent as an employer that is a party to
33 a contract with a state agency for the same type of work.
34 § 2. This act shall take effect immediately and shall be deemed to
35 have been in full force and effect on and after April 1, 2006.
36 PART R
37 Section 1. Section 669-b of the education law is amended by adding a
38 new subdivision 5-c to read as follows:
39 5-c. Notwithstanding the provisions of any other general, special or
40 local law, a recipient who has successfully completed his or her term of
41 enlistment due to having served in a combat theater or combat zone of
42 operations, shall be eligible to continue to participate in the tuition
43 benefit provided by this section, if such recipient was enrolled in said
44 benefit prior to deployment in a combat theater or combat zone of oper-
45 ations.
46 § 2. This act shall take effect immediately and shall be deemed to
47 have been in full force and effect on and after April 1, 2006 provided,
48 however, that the amendments to section 669-b of the education law made
49 by section one of this act shall not affect the repeal of such section
50 and shall be deemed repealed therewith.
51 PART S
S. 6458--C 86 A. 9558--B
1 Section 1. Section 17 of chapter 31 of the laws of 1985, amending the
2 education law relating to regents scholarships in certain professions,
3 as amended by chapter 49 of the laws of 2000, is amended to read as
4 follows:
5 § 17. This act shall take effect immediately; provided, however, that
6 the scholarship and loan forgiveness programs established pursuant to
7 the provisions of this act shall terminate upon the granting of such
8 awards for the [2003-2004] 2007-2008 school year.
9 § 2. This act shall take effect immediately.
10 PART T
11 Section 1. Empire innovation program. (1) Funds appropriated for
12 services and expenses of the empire innovation program shall be distrib-
13 uted based upon the proportion of the federal research funding that is
14 received on a competitive basis by each of the institutions of the state
15 university. The trustees shall determine the percentage of federal funds
16 received by each institution as a total of all such funds received by
17 the state university, and develop an allocation methodology which
18 distributes the funds of this program in similar percentages, along with
19 other criteria, to determine each award.
20 (2) The state university board of trustees shall annually report to
21 the chairman of the senate finance committee and the chairman of the
22 assembly ways and means committee. The report shall include how the
23 funds were distributed, including the allocation methodology used, under
24 subdivision one of this section.
25 § 2. This act shall take effect immediately.
26 PART U
27 Section 1. Empire innovation program. (1) Funds appropriated for
28 services and expenses of the empire innovation program shall be distrib-
29 uted based upon the proportion of the federal research funding that is
30 received on a competitive basis by each of the institutions of the city
31 university of New York. The trustees shall determine the percentage of
32 federal funds received by each institution as a total of all such funds
33 received by the city university, and develop an allocation methodology
34 which distributes the funds of this program in similar percentages,
35 along with other criteria, to determine each award.
36 (2) The city university board of trustees shall annually report to the
37 chairman of the senate finance committee and the chairman of the assem-
38 bly ways and means committee. The report shall include how the funds
39 were distributed, including the allocation methodology used, under
40 subdivision one of this section.
41 § 2. This act shall take effect immediately.
42 PART V
43 Section 1. The state finance law is amended by adding a new section
44 97-ffff to read as follows:
45 § 97-ffff. Arts exhibitions revolving fund. 1. There is hereby estab-
46 lished a special revenue fund to be known as the "arts exhibitions
47 revolving fund" in the custody of the state comptroller and the commis-
48 sioner of taxation and finance.
49 2. The fund shall consist of all monies appropriated for its purpose,
50 all monies transferred to such fund pursuant to law, all monies required
S. 6458--C 87 A. 9558--B
1 by this section or any other provision of law to be paid into or credit-
2 ed to the fund, including payments of principal and interest on loans
3 made from the fund and any interest earnings which may accrue from the
4 investment of monies in the fund. Nothing contained in this section
5 shall prevent the New York state council on the arts from receiving
6 grants, gifts or bequests for the purposes of the fund, as defined in
7 this section, and depositing them into the fund according to law.
8 3. Monies shall be payable from the fund on the audit and warrant of
9 the state comptroller on vouchers approved and certified by the chairman
10 of the New York state council on the arts.
11 § 2. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2006.
13 PART W
14 Section 1. Section 6 of part U of a chapter of the laws of 2006,
15 amending the economic development law and other laws relating to reau-
16 thorizing the New York power authority to make contributions to the
17 general fund and authorize the continuation of New York power authority
18 economic development programs, including the power for jobs and energy
19 cost savings benefit programs, as proposed in legislative bill numbers
20 S. 6459-C and A.9559-B, is amended to read as follows:
21 § 6. At least thirty days prior to an anticipated fund or resource
22 deficiency related to providing for power for jobs electricity savings
23 reimbursements, the energy cost savings benefits as described in section
24 one hundred eighty-three of the economic development law, or a voluntary
25 contribution to the state treasury for the power for jobs program, the
26 authority shall report in the form of a declaration stating the amount
27 of the fund or resource deficiency and the program affected to the
28 governor, the temporary president of the senate, the speaker of the
29 assembly, the chair of the senate finance committee, the chair of the
30 assembly ways and means committee and the director of the division of
31 the budget. If it is determined that there are insufficient funds or
32 other resources of the power authority of the state of New York avail-
33 able to provide for such power for jobs electricity savings reimburse-
34 ments, energy cost savings benefits as described in section one hundred
35 eighty-three of the economic development law, or a voluntary contrib-
36 ution to the state treasury for the power for jobs program, provided
37 that the authority shall not use an increase in rates for a class or
38 classes of authority customers to meet such deficiency, then the
39 contribution to the state treasury may be waived or the general fund
40 shall pay the costs with respect to such deficiency identified in the
41 declaration from an appropriation by the legislature from the general
42 fund and upon the audit and warrant of the comptroller on vouchers
43 approved and certified by the director of the division of the budget.
44 At the end of December two thousand seven, [the comptroller is hereby
45 authorized and empowered to undertake an audit, based on such informa-
46 tion as the comptroller deems necessary, to examine the books and
47 accounts of the power authority of the state of New York if general fund
48 monies were used or if a voluntary contribution by the authority was
49 waived, to pay costs pursuant to this section] the power authority of
50 the state of New York shall submit to the comptroller for review and
51 audit the books and accounts of the authority if general fund monies
52 were used, or if a voluntary contribution by the authority was waived,
53 to pay costs pursuant to this section. The division of the budget shall
54 review such audit of the authority to determine whether the power
S. 6458--C 88 A. 9558--B
1 authority of the state of New York possessed sufficient funds or other
2 resources of the power authority of the state of New York to have
3 provided for such electricity savings reimbursements, energy cost
4 savings benefits as described in section 183 of the economic development
5 law or a voluntary contribution to the state treasury for the power for
6 jobs program at the time monies were paid from the general fund. The
7 director of the division of the budget shall provide copies of such
8 review to the governor, the temporary president of the senate, the
9 speaker of the assembly, the chair of the senate finance committee, and
10 the chair of the assembly ways and means committee.
11 § 2. This act shall take effect on the same date and in the same
12 manner as section 6 of part U of a chapter of the laws of 2006 amending
13 the economic development law and other laws relating to reauthorizing
14 the New York power authority to make contributions to the general fund
15 and authorize the continuation of New York power authority economic
16 development programs, including the power for jobs and energy cost
17 savings benefit programs, as proposed in legislative bill numbers
18 S.6459-C and A.9559-B, takes effect.
19 PART X
20 Section 1. (a) Subject to the provisions of chapter 59 of the laws of
21 2000, but notwithstanding any provisions of law to the contrary, the New
22 York State Empire State Development Corporation or the Dormitory Author-
23 ity are hereby authorized to issue bonds or notes in one or more series
24 in an aggregate principal amount not to exceed $1,041,450,000 excluding
25 bonds issued to finance one or more debt service reserve funds, to pay
26 costs of issuance of such bonds, and bonds or notes issued to refund or
27 otherwise repay such bonds or notes previously issued, for the purpose
28 of making grants, loans or combination thereof for economic development
29 projects; university development projects; homeland security projects;
30 environmental projects; public recreation projects; initiatives that
31 promote academic research and development; projects that improve arts
32 and cultural facilities; initiatives, including but not limited to, the
33 development of photovoltaic technologies and other research and develop-
34 ment regarding fuel diversification, energy conservation and energy
35 efficiency in the transportation and energy sector; for a competitive
36 solicitation for construction of a pilot cellulosic ethanol refinery; or
37 to reimburse the state capital projects fund for disbursements made for
38 such purposes pursuant to an appropriation contained in a chapter of the
39 laws of 2006. Eligible project costs may include, but not be limited to
40 the cost of design, site acquisition and preparation, demolition,
41 construction, rehabilitation, acquisition of machinery and equipment,
42 parking facilities, and infrastructure. Such bonds and notes of such
43 authorized issuers shall not be a debt of the state, and the state shall
44 not be liable thereon, nor shall they be payable out of any funds other
45 than those appropriated by the state to such authorized issuers for debt
46 service and related expenses pursuant to any service contract executed
47 pursuant to subdivision (b) of this section and such bonds and notes
48 shall contain on the face thereof a statement to such effect. Except for
49 purposes of complying with the internal revenue code, any interest
50 income earned on bond proceeds shall only be used to pay debt service on
51 such bonds.
52 (b) Notwithstanding any provisions of law to the contrary, in order to
53 assist such authorized issuers in undertaking the administration and
54 financing of the projects authorized pursuant to subdivision (a) of this
S. 6458--C 89 A. 9558--B
1 section, the director of the budget is hereby authorized to enter into
2 one or more service contracts with such authorized issuers, none of
3 which shall exceed more than 30 years in duration, upon such terms and
4 conditions as the director of the budget and such authorized issuers
5 shall agree, so as to annually provide to such authorized issuers, in
6 the aggregate, a sum not to exceed the annual debt service payments and
7 related expenses required for the bonds and notes issued pursuant to
8 this section. Any service contract entered into pursuant to this subdi-
9 vision shall provide that the obligation of the state to pay the amount
10 therein provided shall not constitute a debt of the state within the
11 meaning of any constitutional or statutory provision and shall be deemed
12 executory only to the extent of monies available and that no liability
13 shall be incurred by the state beyond the monies available for such
14 purposes, subject to annual appropriation by the legislature. Any such
15 contract or any payments made or to be made thereunder may be assigned
16 or pledged by such authorized issuers as security for its bonds and
17 notes, as authorized by this section.
18 § 2. This act shall take effect immediately and shall be deemed to
19 have been in full force and effect on and after April 1, 2006.
20 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
21 sion, section or part of this act shall be adjudged by any court of
22 competent jurisdiction to be invalid, such judgment shall not affect,
23 impair, or invalidate the remainder thereof, but shall be confined in
24 its operation to the clause, sentence, paragraph, subdivision, section
25 or part thereof directly involved in the controversy in which such judg-
26 ment shall have been rendered. It is hereby declared to be the intent of
27 the legislature that this act would have been enacted even if such
28 invalid provisions had not been included herein.
29 § 3. This act shall take effect immediately provided, however, that
30 the applicable effective dates of Parts A through X of this act shall be
31 as specifically set forth in the last section of such Parts.
