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S09006 Summary:

BILL NOS09006B
 
SAME ASNo Same As
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amend Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2026-2027 state fiscal year; relates to contracts for excellence, foundation aid, and to apportioning aid for universal prekindergarten; relates to reimbursement for the 2026-2027 school year and the maximum contract hours, withholding a portion of employment preparation education aid, and the effectiveness thereof; relates to the use of apportionments for the EXCEL program and the effectiveness thereof; relates to maximum class sizes for special classes for certain students with disabilities; relates to the effectiveness of certain provisions relating to state aid to school districts and the appropriation of funds for the support of government; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; repeals certain provisions relating to the statewide universal full-day prekindergarten program (Part A); relates to schools, school aid and the education of children; authorizes school food authorities to attribute moneys spent on purchases of food products from New York state farmers, growers, producers or processors to their school breakfast and lunch service programs; expands qualifying schools to be located statewide for apportionment of state monies for expenses in complying with state testing requirements and evaluation programs and reporting of basic educational data; establishes a monitor team in the Wyandanch union free school district; relates to the apportionment amount for the Roosevelt union free school district; establishes the artificial intelligence literacy in the digital equity competitive grant program (Part A-1); relates to evidence-based instructional practices in the subject of mathematics for students in kindergarten through grade five (Part B); expands eligibility of students enrolled in an approved program leading to an associate's degree in nursing for the New York opportunity promise scholarship (Part C); authorizes the state university trustees to promulgate rules or regulations relating to late fees and exceptions for students submitting certificate of residence forms, and a reconciliation process for such forms received after the list of non-resident students was sent to a county (Part D); allows for the chancellor of SUNY and CUNY to impose differential tuition rates on non-resident undergraduate and graduate students until the 2028-2029 academic year (Part E); relates to early childhood educator eligibility for the masters-in-education teacher incentive scholarship program (Part F); relates to the New York state music grant fund (Part G); relates to childcare registration and licensing (Part H); relates to the payment period of a birth mother's expenses by adoptive parents (Part I); authorizes the use of body scanners in detention and youth justice facilities (Part J); makes permanent provisions of law relating to restructuring financing for residential school placements (Part K); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part L); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program (Part M); increases the number of land banks which can simultaneously exist in the state of New York from 35 to 45 (Part N); authorizes a tax abatement for alterations and improvements to multiple dwellings for purposes of preserving habitability in affordable housing (Part O); establishes the crime of aggravated harassment of a rent regulated tenant (Part P); establishes the New York state first home savings program to authorize first time home buyers to establish savings accounts to buy their first home (Part Q); establishes an affordable independent senior housing assistance program which shall provide grants within amounts appropriated or otherwise available therefor to affordable independent senior housing properties to establish and operate resident assistance programs (Part R); increases the annual amount of loans made to an agricultural producer from the housing development fund to four hundred thousand dollars per annum (Part S); establishes the mobile and manufactured home replacement program to eliminate older mobile and manufactured homes and replace them with new manufactured, modular or site-built homes; makes related provisions (Part T); establishes the 2-1-1 essential community services hotline system; designates the office of children and family services to oversee the hotline system; establishes the availability and scope of information to be provided by the hotline system and requirements of call centers; requires the office of children and family services to collect certain data relating to the hotline system and to make annual reports to the governor and the legislature (Part U); allows for students in certain postsecondary education experience or transition programs to receive awards from the tuition assistance program (Part V); expands the eligibility period for indigent legal service attorneys to receive certain loan forgiveness and increases loan reimbursement for certain attorneys who work in legal services with indigent clients (Part W); phases out certain mandatory university fees for graduate students (Part X); provides for the elimination of the distinction between dependent students and independent students for the purpose of determining tuition assistance program award amounts and eligibility (Part Y); establishes a fiscal cliff task force to study fiscal cliffs in the state's public assistance program (Part Z); authorizes the payment of certain costs of diapers for an eligible child receiving safety net assistance (Part AA); enacts the "shelter arrears eviction forestallment act" to provide emergency assistance for rent or mortgage arrears or other fees for the prevention of eviction (Part BB); establishes the youth justice innovation fund to make funds available to community-based organizations for services and programs with the purpose of youth development and preventing youth arrest and incarceration (Part CC); requires each institution within the state university of New York and the city university of New York offering in-person student instruction to have at least one vending machine making emergency contraception available for purchase (Part DD); authorizes SUNY and CUNY to provide emergency aid grants to certain students; provides that the state shall reimburse half of all such grants provided; requires the higher education services corporation to provide an annual report on such programs (Part EE); enacts the "licensure incentives and fee-support for testing (LIFT) act"; establishes the social work licensure examination voucher program to provide low-income individuals vouchers to cover the cost of the examination required for licensure as a licensed master social worker or licensed clinical social worker (Part FF); establishes a SNAP and cash assistance fraud victims compensation fund. (Part GG); establishes a full year youth employment immersion pilot program for eligible youths and young adults between the ages of 16 and 24; directs the office of temporary and disability assistance to establish a youth or young adult employment immersion pilot program in 3 local social services districts, with one being located in the city of New York (Part HH); establishes the "jobs and housing act"; directs the private housing finance agency to develop and administer a jobs and housing pilot program to construct and preserve housing, including workforce housing, that is affordable to of low and moderate income persons, and creates good jobs for those who build and work in such housing (Part II); establishes the New York state worker protection and labor enforcement fund (Part JJ); requires training to reduce abusive conduct and bullying in the workplace as part of a written workplace violence prevention program (Part KK); establishes a statewide program to provide free SUNY, CUNY, and community college tuition to active volunteer firefighters, volunteer emergency medical services providers, and volunteer auxiliary police officers (Part LL); increases short-term disability benefits (Part MM); expands the veterans property tax exemption (Part NN); and allows for a modest increase in annual income, not greater than three percent per year, to not disqualify someone from the excelsior scholarship (Part OO).
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S09006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9006--B
 
                    IN SENATE
 
                                    January 21, 2026
                                       ___________
 
        A  BUDGET  BILL,  submitted by the Governor pursuant to article 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

        AN ACT to amend the education law, in relation to contracts  for  excel-
          lence,  foundation  aid, and to apportioning aid for universal prekin-
          dergarten; to amend chapter 756 of the laws of 1992 relating to  fund-
          ing a program for work force education conducted by the consortium for
          worker  education  in  New York city, in relation to reimbursement for
          the 2026-2027 school year and the maximum contract hours,  withholding
          a  portion of employment preparation education aid, and the effective-
          ness thereof; to amend the education law, in relation to  the  use  of
          apportionments for the EXCEL program; to amend part I of chapter 61 of
          the laws of 2006 amending the education law and the public authorities
          law  relating  to  expanding our children's education and learning, in
          relation to the effectiveness thereof; to amend the education law,  in
          relation  to  maximum  class  sizes  for  special  classes for certain
          students with disabilities; 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 thereof; providing for
          special apportionment  for  salary  expenses;  providing  for  special
          apportionment  for  public  pension accruals; providing for set-asides
          from the state funds which certain districts are  receiving  from  the
          total  foundation  aid; providing for support of public libraries; and
          to repeal certain provisions of the  education  law  relating  to  the
          statewide  universal  full-day  prekindergarten  program  (Part A); to
          amend the education law, in relation to schools, school  aid  and  the
          education of children; to amend chapter 537 of the laws of 1976 relat-
          ing  to  paid, free and reduced price breakfast for eligible pupils in
          certain school districts,  in  relation  to  authorizing  school  food
          authorities  to  attribute  moneys spent on purchases of food products
          from New York state farmers, growers, producers or processors made for
          its school breakfast or snack programs to the thirty percent of  costs
          for  school breakfast and lunch service programs; to amend chapter 507
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-03-6

        S. 9006--B                          2
 
          of the laws of 1974 relating to providing  for  the  apportionment  of
          state monies to certain nonpublic schools, to reimburse them for their
          expenses in complying with certain state requirements for the adminis-
          tration of state testing and evaluation programs and for participation
          in  state  programs  for  the  reporting of basic educational data, in
          relation to expanding qualifying schools to be located  statewide;  to
          amend  chapter  18 of the laws of 2020 authorizing the commissioner of
          education to appoint a monitor to oversee  the  Wyandanch  union  free
          school  district  and establishing the powers and duties of such moni-
          tor, in relation to establishing a monitor team; to amend chapter  121
          of  the  laws  of  1996  authorizing  the  Roosevelt union free school
          district to finance deficits by  the  issuance  of  serial  bonds,  in
          relation  to  the  apportionment  amount  for such school district; to
          amend the education law, in relation to  establishing  the  artificial
          intelligence literacy digital equity competitive grant program; and to
          repeal  paragraph  g of subdivision 1 of section 3635 of the education
          law, relating to providing transportation  for  students  attending  a
          universal  pre-kindergarten program (Part A-1); to amend the education
          law, in relation to evidence-based mathematics instruction  (Part  B);
          to  amend  the  education  law, in relation to eligibility for the New
          York opportunity promise scholarship (Part C); to amend the  education
          law,  in  relation  to certificate of residence policies for community
          colleges (Part D); to amend the education law, in relation to  tuition
          rates of non-resident undergraduate and graduate students at the state
          university  of  New  York and city university of New York (Part E); to
          amend the education law,  in  relation  to  early  childhood  educator
          eligibility for the masters-in-education teacher incentive scholarship
          program  (Part  F); to amend the state finance law, in relation to the
          New York state music grant fund (Part G); to amend the social services
          law, in relation to child care  provider  registration  and  licensing
          (Part H); to amend the social services law, in relation to the payment
          of  certain expenses by adoptive parents (Part I); to amend the public
          health law, in relation to authorizing  body  scanner  utilization  in
          detention  and  youth  justice facilities (Part J); to amend part N of
          chapter 56 of the laws of 2020 amending the social services law relat-
          ing to restructuring financing for residential school  placements,  in
          relation  to  the  effectiveness thereof (Part K); to amend the social
          services law, in relation to increasing the standards of monthly  need
          for aged, blind and disabled persons living in the community (Part L);
          to utilize reserves in the mortgage insurance fund for various housing
          purposes  (Part  M);  to  amend the not-for-profit corporation law, in
          relation to the maximum number of land banks that  can  simultaneously
          exist  in New York state (Part N); to amend the real property tax law,
          in relation  to  authorizing  a  tax  abatement  for  alterations  and
          improvements  to multiple dwellings for purposes of preserving habita-
          bility in affordable housing (Part O); to  amend  the  penal  law,  in
          relation to the aggravated harassment of a rent regulated tenant (Part
          P);  to  amend  the private housing finance law, in relation to estab-
          lishing the New York state first home savings program,  which  author-
          izes  first time home buyers to establish savings accounts to purchase
          a home; and to amend the  tax  law,  in  relation  to  establishing  a
          personal  income  tax  deduction for deposits into such accounts (Part
          Q); to amend the private housing finance law, in  relation  to  estab-
          lishing  an  affordable  independent senior housing assistance program
          (Part R); to amend the private housing finance  law,  in  relation  to
          increasing the annual amount of loans made to an agricultural producer

        S. 9006--B                          3
 
          from the housing development fund (Part S); to amend the private hous-
          ing  finance  law,  in  relation  to  the mobile and manufactured home
          replacement program (Part T); to amend the social services law and the
          mental  hygiene  law,  in  relation  to  the 2-1-1 essential community
          services hotline system (Part U);  to  amend  the  education  law,  in
          relation  to  allowing for students in postsecondary education experi-
          ence or transition program to receive awards from the tuition  assist-
          ance  program (Part V); to amend the education law, in relation to the
          New York state district attorney and indigent legal services  attorney
          loan  forgiveness  program  (Part  W);  to amend the education law, in
          relation to phasing out certain mandatory university fees for graduate
          students (Part X); to amend the education  law,  in  relation  to  the
          criteria  for  determining tuition assistance program awards (Part Y);
          establishing a fiscal cliff task force to conduct a  study  on  fiscal
          cliffs in the state's public assistance programs and to make recommen-
          dations  related  thereto;  and  providing  for  the  repeal  of  such
          provision upon expiration  thereof  (Part  Z);  to  amend  the  social
          services law, in relation to allowances for the costs of diapers (Part
          AA);  to  amend  the  social services law, in relation to enacting the
          "shelter arrears eviction  forestallment  act"  to  provide  emergency
          assistance  for  rent  or  mortgage  arrears  or  other  fees  for the
          prevention of eviction (Part BB); to amend the state finance  law,  in
          relation  to establishing the youth justice innovation fund (Part CC);
          to amend the education law,  in  relation  to  requiring  institutions
          within the state university of New York and the city university of New
          York  to have at least one vending machine on campus which makes emer-
          gency contraception available for purchase (Part  DD);  to  amend  the
          education  law,  in  relation  to  establishing an emergency aid grant
          program to allow the state university of New York or the city  univer-
          sity  of  New York to provide emergency aid grants to certain students
          (Part EE); to amend the education law, in  relation  to  enacting  the
          "licensure  incentives  and  fee-support for testing (LIFT) act" (Part
          FF); to amend the social services law and the state  finance  law,  in
          relation  to  establishing  a  SNAP  and cash assistance fraud victims
          compensation fund (Part GG); to amend  the  social  services  law,  in
          relation  to establishing a full year youth employment immersion pilot
          program; and in relation to creating a youth or young adult employment
          immersion pilot program in three social services districts (Part  HH);
          to amend the private housing finance law, in relation to the "jobs and
          housing act" (Part II); to amend the state finance law, in relation to
          establishing  the  New  York  state  worker  protection  and labor law
          enforcement fund (Part JJ); to amend the labor  law,  in  relation  to
          requiring training to reduce abusive conduct and bullying in the work-
          place  (Part KK); to amend the education law, in relation to providing
          free SUNY, CUNY and community  college  tuition  to  active  volunteer
          firefighters,  volunteer  emergency  medical  services  providers, and
          volunteer auxiliary police officers (Part LL); to amend  the  workers'
          compensation  law  and  the  insurance  law, in relation to increasing
          short-term  disability  benefits (Part MM); to amend the real property
          tax law, in relation to the property tax exemption for  certain  disa-
          bled  veterans (Part NN);  and to amend the education law, in relation
          to allowing for a modest increase in annual income to  not  disqualify
          someone from the excelsior scholarship (Part OO)

        S. 9006--B                          4
 
          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  necessary to implement the state education, labor,  housing  and  family
     3  assistance budget for the 2026-2027 state fiscal year. Each component is
     4  wholly  contained  within  a  Part identified as Parts A through OO. The
     5  effective date for each particular provision contained within such  Part
     6  is  set  forth  in  the  last section of such Part. Any provision in any
     7  section contained within a Part, including the  effective  date  of  the
     8  Part,  which  makes a reference to a section "of this act", when used in
     9  connection with that particular component, shall be deemed to  mean  and
    10  refer  to  the  corresponding  section of the Part in which it is found.
    11  Section three of this act sets forth the general effective date of  this
    12  act.
 
    13                                   PART A
 
    14    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    15  tion law, as amended by section 1 of part A of chapter 56 of the laws of
    16  2025, is amended to read as follows:
    17    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    18  district that submitted a contract for excellence for the  two  thousand
    19  eight--two  thousand nine school year shall submit a contract for excel-
    20  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    21  conformity  with the requirements of subparagraph (vi) of paragraph a of
    22  subdivision two of this section unless all schools in the  district  are
    23  identified  as  in  good  standing  and  provided further that, a school
    24  district that submitted a contract for excellence for the  two  thousand
    25  nine--two  thousand  ten school year, unless all schools in the district
    26  are identified as in good standing, shall submit a contract  for  excel-
    27  lence for the two thousand eleven--two thousand twelve school year which
    28  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    29  graph a of subdivision two of this section, provide for the  expenditure
    30  of  an  amount  which  shall  be not less than the product of the amount
    31  approved by the commissioner in the contract for excellence for the  two
    32  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    33  district's gap elimination adjustment percentage  and  provided  further
    34  that, a school district that submitted a contract for excellence for the
    35  two thousand eleven--two thousand twelve school year, unless all schools
    36  in  the  district  are  identified  as  in good standing, shall submit a
    37  contract for excellence for the two thousand twelve--two thousand  thir-
    38  teen  school  year  which  shall,  notwithstanding  the  requirements of
    39  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    40  provide  for  the  expenditure of an amount which shall be not less than
    41  the amount approved by the commissioner in the contract  for  excellence
    42  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
    43  provided further that, a school district that submitted a  contract  for
    44  excellence  for  the  two  thousand twelve--two thousand thirteen school
    45  year, unless all schools in the  district  are  identified  as  in  good
    46  standing,  shall  submit  a contract for excellence for the two thousand
    47  thirteen--two thousand fourteen school year which shall, notwithstanding
    48  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    49  of this section, provide for the expenditure of an amount which shall be
    50  not  less  than  the amount approved by the commissioner in the contract
    51  for excellence for the two thousand twelve--two thousand thirteen school

        S. 9006--B                          5
 
     1  year and provided further that,  a  school  district  that  submitted  a
     2  contract  for  excellence  for  the  two thousand thirteen--two thousand
     3  fourteen school year, unless all schools in the district are  identified
     4  as  in good standing, shall submit a contract for excellence for the two
     5  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
     6  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
     7  subdivision two of this section,  provide  for  the  expenditure  of  an
     8  amount  which  shall be not less than the amount approved by the commis-
     9  sioner in the contract for excellence for the two thousand thirteen--two
    10  thousand fourteen school year;  and  provided  further  that,  a  school
    11  district  that  submitted a contract for excellence for the two thousand
    12  fourteen--two thousand fifteen school year, unless all  schools  in  the
    13  district are identified as in good standing, shall submit a contract for
    14  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    15  year which shall, notwithstanding the requirements of subparagraph  (vi)
    16  of  paragraph  a  of  subdivision  two  of this section, provide for the
    17  expenditure of an amount  which  shall  be  not  less  than  the  amount
    18  approved  by the commissioner in the contract for excellence for the two
    19  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    20  further  that a school district that submitted a contract for excellence
    21  for the two thousand fifteen--two thousand sixteen school  year,  unless
    22  all  schools  in  the district are identified as in good standing, shall
    23  submit a contract for excellence for the two thousand sixteen--two thou-
    24  sand seventeen school year which shall, notwithstanding the requirements
    25  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    26  provide  for  the  expenditure of an amount which shall be not less than
    27  the amount approved by the commissioner in the contract  for  excellence
    28  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    29  provided further that, a school district that submitted a  contract  for
    30  excellence  for  the two thousand sixteen--two thousand seventeen school
    31  year, unless all schools in the  district  are  identified  as  in  good
    32  standing,  shall  submit  a contract for excellence for the two thousand
    33  seventeen--two thousand eighteen school year which shall,  notwithstand-
    34  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    35  two of this section, provide for the  expenditure  of  an  amount  which
    36  shall  be  not  less than the amount approved by the commissioner in the
    37  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    38  seventeen  school year; and provided further that a school district that
    39  submitted a contract for excellence for the two thousand  seventeen--two
    40  thousand  eighteen  school  year, unless all schools in the district are
    41  identified as in good standing, shall submit a contract  for  excellence
    42  for  the  two thousand eighteen--two thousand nineteen school year which
    43  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    44  graph  a of subdivision two of this section, provide for the expenditure
    45  of an amount which shall be not less than the  amount  approved  by  the
    46  commissioner  in the contract for excellence for the two thousand seven-
    47  teen--two thousand eighteen school year; and provided  further  that,  a
    48  school  district  that  submitted  a contract for excellence for the two
    49  thousand eighteen--two thousand nineteen school year, unless all schools
    50  in the district are identified as  in  good  standing,  shall  submit  a
    51  contract  for  excellence  for  the  two thousand nineteen--two thousand
    52  twenty school year which  shall,  notwithstanding  the  requirements  of
    53  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    54  provide for the expenditure of an amount which shall be  not  less  than
    55  the  amount  approved by the commissioner in the contract for excellence
    56  for the two thousand eighteen--two thousand nineteen  school  year;  and

        S. 9006--B                          6
 
     1  provided  further  that, a school district that submitted a contract for
     2  excellence for the two thousand  nineteen--two  thousand  twenty  school
     3  year,  unless  all  schools  in  the  district are identified as in good
     4  standing,  shall  submit  a contract for excellence for the two thousand
     5  twenty--two thousand twenty-one school year which shall, notwithstanding
     6  the requirements of subparagraph (vi) of paragraph a of subdivision  two
     7  of this section, provide for the expenditure of an amount which shall be
     8  not  less  than  the amount approved by the commissioner in the contract
     9  for excellence for the two thousand nineteen--two thousand twenty school
    10  year; and provided further that, a  school  district  that  submitted  a
    11  contract  for excellence for the two thousand twenty--two thousand twen-
    12  ty-one school year, unless all schools in the district are identified as
    13  in good standing, shall submit a contract for  excellence  for  the  two
    14  thousand  twenty-one--two  thousand  twenty-two school year which shall,
    15  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    16  subdivision  two  of  this  section,  provide  for the expenditure of an
    17  amount which shall be not less than the amount approved by  the  commis-
    18  sioner  in  the contract for excellence for the two thousand twenty--two
    19  thousand twenty-one school year; and provided  further  that,  a  school
    20  district  that  submitted a contract for excellence for the two thousand
    21  twenty-one--two thousand twenty-two school year, unless all  schools  in
    22  the district are identified as in good standing, shall submit a contract
    23  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
    24  three school year  which  shall,  notwithstanding  the  requirements  of
    25  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    26  provide for the expenditure of an amount which shall be  not  less  than
    27  the  amount  approved by the commissioner in the contract for excellence
    28  for the two thousand twenty-one--two thousand  twenty-two  school  year;
    29  and  provided  further that, a school district that submitted a contract
    30  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    31  three  school year, unless all schools in the district are identified as
    32  in good standing, shall submit a contract for  excellence  for  the  two
    33  thousand twenty-three--two thousand twenty-four school year which shall,
    34  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    35  subdivision two of this section,  provide  for  the  expenditure  of  an
    36  amount  which  shall be not less than the amount approved by the commis-
    37  sioner in the contract for excellence for the two thousand  twenty-two--
    38  two  thousand  twenty-three  school  year;  and provided further that, a
    39  school district that submitted a contract for  excellence  for  the  two
    40  thousand  twenty-three--two thousand twenty-four school year, unless all
    41  schools in the district are identified as in good standing, shall submit
    42  a contract for excellence for the two thousand twenty-four--two thousand
    43  twenty-five school year which shall, notwithstanding the requirements of
    44  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    45  provide  for  the  expenditure of an amount which shall be not less than
    46  the amount approved by the commissioner in the contract  for  excellence
    47  for the two thousand twenty-three--two thousand twenty-four school year;
    48  and  provided  further  that a school district that submitted a contract
    49  for excellence for the two thousand  twenty-four--two  thousand  twenty-
    50  five  school  year, unless all schools in the district are identified as
    51  in good standing, shall submit a contract for  excellence  for  the  two
    52  thousand  twenty-five--two  thousand twenty-six school year which shall,
    53  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    54  subdivision  two  of  this  section,  provide  for the expenditure of an
    55  amount which shall be not less than the amount approved by  the  commis-
    56  sioner  in the contract for excellence for the two thousand twenty-four-

        S. 9006--B                          7

     1  -two thousand twenty-five school  year;  and  provided  further  that  a
     2  school  district  that  submitted  a contract for excellence for the two
     3  thousand twenty-five--two thousand twenty-six school  year,  unless  all
     4  schools in the district are identified as in good standing, shall submit
     5  a  contract for excellence for the two thousand twenty-six--two thousand
     6  twenty-seven school year which shall, notwithstanding  the  requirements
     7  of  subparagraph (vi) of paragraph a of subdivision two of this section,
     8  provide for the expenditure of an amount which shall be  not  less  than
     9  the  amount  approved by the commissioner in the contract for excellence
    10  for the two thousand twenty-five--two thousand twenty-six  school  year;
    11  provided,  however,  that,  in a city school district in a city having a
    12  population of one million or more, notwithstanding the  requirements  of
    13  subparagraph (vi) of paragraph a of subdivision two of this section, the
    14  contract  for  excellence shall provide for the expenditure as set forth
    15  in subparagraph (v) of paragraph a of subdivision two of  this  section.
    16  For purposes of this paragraph, the "gap elimination adjustment percent-
    17  age" shall be calculated as the sum of one minus the quotient of the sum
    18  of the school district's net gap elimination adjustment for two thousand
    19  ten--two thousand eleven computed pursuant to chapter fifty-three of the
    20  laws  of  two  thousand  ten,  making  appropriations for the support of
    21  government, plus the school district's gap  elimination  adjustment  for
    22  two thousand eleven--two thousand twelve as computed pursuant to chapter
    23  fifty-three  of  the  laws of two thousand eleven, making appropriations
    24  for the support of the local assistance budget,  including  support  for
    25  general support for public schools, divided by the total aid for adjust-
    26  ment  computed  pursuant to chapter fifty-three of the laws of two thou-
    27  sand eleven, making appropriations  for  the  local  assistance  budget,
    28  including  support  for  general  support  for public schools. Provided,
    29  further, that such amount shall be  expended  to  support  and  maintain
    30  allowable programs and activities approved in the two thousand nine--two
    31  thousand  ten  school  year  or  to  support  new  or expanded allowable
    32  programs and activities in the current year.
    33    § 2. Subdivision 4 of section 3602 of the education law is amended  by
    34  adding a new paragraph g to read as follows:
    35    g. Foundation aid payable in the two thousand twenty-six--two thousand
    36  twenty-seven  school  year.  Notwithstanding any provision of law to the
    37  contrary, foundation aid payable in  the  two  thousand  twenty-six--two
    38  thousand twenty-seven school year shall equal the greater of total foun-
    39  dation aid or the product of one and two hundredths (1.02) multiplied by
    40  the foundation aid base.
    41    § 3. Paragraph a of subdivision 6 of section 3602 of the education law
    42  is amended by adding a new subparagraph 13 to read as follows:
    43    (13)  (a)  Renewable  energy  projects shall be considered part of the
    44  cost allowance calculated by the commissioner pursuant to this  subpara-
    45  graph.
    46    (b) Renewable energy projects include: (i) solar photovoltaic or ther-
    47  mal  systems,  whether  ground-mounted  or roof-mounted; (ii) geothermal
    48  systems; and (iii) other commercially proven and cost-effective  renewa-
    49  ble  energy  technologies  pursuant  to regulations of the commissioner.
    50  Renewable energy projects may not  include  capital  expenses  allowable
    51  under subdivision seven of this section.
    52    (c)  Ground-mounted  renewable energy projects shall be sited to mini-
    53  mize impacts on athletic fields, outdoor educational spaces, and natural
    54  areas serving the school.
    55    (d) The portion of project costs attributable to system capacity that,
    56  when combined with other renewable energy projects, if any, exceeds  one

        S. 9006--B                          8

     1  hundred  ten percent of the building's baseline energy consumption shall
     2  not constitute an aidable expense. Baseline energy consumption shall  be
     3  calculated using the historic annual energy consumption as determined by
     4  the commissioner.
     5    §  4.  Paragraphs  b  and  c of subdivision 1 of section 3602-e of the
     6  education law, as amended by section 19 of part B of chapter 57  of  the
     7  laws  of  2007, are amended and four new paragraphs c-1, f, g, and h are
     8  added to read as follows:
     9    b. "Eligible agencies" shall mean a provider of child care  and  early
    10  education,  a day care provider, early childhood program or center, non-
    11  profit organization, charter school, library, museum, or community-based
    12  organization, including but not limited to approved  pre-school  special
    13  education programs, head start, and nursery schools so long as the stan-
    14  dards  and  qualifications  set  forth pursuant to subdivision twelve of
    15  this section have been met.
    16    c. "Eligible four-year-old children" shall mean resident children  who
    17  are  four  years of age on or before December first of the year in which
    18  they are enrolled or who will  otherwise  be  first  eligible  to  enter
    19  public school kindergarten commencing with the following school year.
    20    c-1.  "Eligible  three-year-old children" shall mean resident children
    21  who are three years of age on or before December first of  the  year  in
    22  which they are enrolled or who will otherwise be first eligible to enter
    23  public school kindergarten commencing two years from the time of enroll-
    24  ment.
    25    f.  "Universal  access  proxy"  shall  mean the product of eighty-five
    26  percent multiplied by the positive difference, if any, between  the  sum
    27  of  the  public school enrollment and the nonpublic school enrollment of
    28  children attending full-day and half-day kindergarten  programs  in  the
    29  district  in the year prior to the base year less the number of resident
    30  children who attain the age of four before December first  of  the  base
    31  year,  who  were  served  during  such  school year by a prekindergarten
    32  program approved pursuant to section  forty-four  hundred  ten  of  this
    33  chapter,  where  such services are provided for more than four hours per
    34  day.
    35    g. "Half-day program" shall mean a program which serves  students  for
    36  at least two and five-tenths hours but less than five hours per day.
    37    h.  "Full-day  program" shall mean a program which serves students for
    38  at least five hours per day.
    39    § 5. Subdivisions 9, 10, 11, 18, 19, and 20 of section 3602-e  of  the
    40  education  law are REPEALED and two new subdivisions 10 and 11 are added
    41  to read as follows:
    42    10. Universal prekindergarten apportionment.  School  districts  shall
    43  receive  a  universal prekindergarten apportionment, in the two thousand
    44  twenty-six--two thousand twenty-seven school year and thereafter,  equal
    45  to  the  sum  of  the four-year-old apportionment and the three-year-old
    46  apportionment.
    47    a. The four-year-old apportionment shall equal the lesser of  (i)  the
    48  product  of  aid  per  four-year-old prekindergarten pupil multiplied by
    49  four-year-old prekindergarten pupils served, or (ii) total actual  grant
    50  expenditures  incurred by the school district as approved by the commis-
    51  sioner.
    52    (1) "Aid per four-year-old  prekindergarten  pupil"  shall  equal  the
    53  greater  of  (A)  the  school district's selected foundation aid for the
    54  current year projection published as  of  May  fifteenth  of  the  prior
    55  school year, calculated pursuant to paragraph four of section thirty-six
    56  hundred  two  of  this part, (B) ten thousand dollars, or (C) the amount

        S. 9006--B                          9
 
     1  set forth for such school district as "2025-26 4YO MAX UPK AID"  on  the
     2  school  aid  computer listing produced by the commissioner in support of
     3  the executive budget for the two thousand twenty-six--two thousand twen-
     4  ty-seven  fiscal  year  and entitled "BT262-7" divided by the amount set
     5  forth as "2025-26 4YO MAX FTE" on such listing.
     6    (2) "Four-year-old prekindergarten pupils served" shall mean  the  sum
     7  of  (i)  the  unduplicated  count of all eligible four-year-old children
     8  registered to receive educational services in  a  full-day  program,  as
     9  registered  on the date prior to November first that is specified by the
    10  commissioner as the enrollment reporting date for the  school  district,
    11  as  reported  to the commissioner plus (ii) for the two thousand twenty-
    12  six--two thousand twenty-seven school  year  through  the  two  thousand
    13  twenty-seven--two thousand twenty-eight school year, the product of five
    14  tenths  multiplied  by  the unduplicated count of eligible four-year-old
    15  children registered  to  receive  educational  services  in  a  half-day
    16  program, as registered on such date and reported to the commissioner.
    17    b.  The three-year-old apportionment shall equal the lesser of (i) the
    18  product of the three-year-old maximum apportionment and the  three-year-
    19  old maintenance of effort percentage or (ii) total actual grant expendi-
    20  tures incurred by the school district as approved by the commissioner.
    21    (1)  "Three-year-old maximum apportionment" shall equal the greater of
    22  the three-year-old maximum apportionment  from  the  base  year  or  the
    23  amount  set  forth for such school district as "2025-26 3YO MAX UPK AID"
    24  on the school aid computer  listing  produced  by  the  commissioner  in
    25  support  of  the  executive  budget for the two thousand twenty-six--two
    26  thousand twenty-seven fiscal year and entitled "BT262-7."
    27    (2) "Three-year-old maintenance of effort percentage" shall equal  the
    28  quotient of three-year-old students served divided by the maximum eligi-
    29  ble three-year-old students, but shall not exceed one hundred percent.
    30    (A)  "Three-year-old  students  served" shall equal the sum of (i) the
    31  unduplicated count of eligible  three-year-old  children  registered  to
    32  receive  educational services in a full-day program as registered on the
    33  date prior to November first that is specified by  the  commissioner  as
    34  the  enrollment  reporting  date for the school district, as reported to
    35  the commissioner, plus (ii) the product of five-tenths multiplied by the
    36  unduplicated count of eligible  three-year-old  children  registered  to
    37  receive  educational  services  in  a half-day program, as registered on
    38  such date and reported to the commissioner, (iii) less  the  three-year-
    39  old overage penalty.
    40    (I)  "Three-year-old  overage penalty" shall equal, for districts with
    41  thirty percent fewer three-year-old students served in full-day programs
    42  in the current year than the maximum  eligible  three-year-old  full-day
    43  students,  due  to the conversion of the maximum eligible three-year-old
    44  full-day students to three-year-old students served in half-day programs
    45  in the current year, the  difference  of  the  product  of  seven-tenths
    46  multiplied  by  the  maximum  eligible three-year-old full-day students,
    47  rounded down to the nearest whole number, less the number of three-year-
    48  old students served in full-day programs in the current year.
    49    (II) School districts may apply to the  commissioner  for  a  hardship
    50  waiver  that  would allow a district to convert more than thirty percent
    51  of three-year-old students served in full-day programs  in  the  current
    52  year  to  three-year-old  students  served  in  half-day programs in the
    53  current year. Such waiver shall be granted upon a demonstration  by  the
    54  school district that due to a significant change in the resources avail-
    55  able  to the school district and absent such hardship waiver, the school
    56  district would  be  unable  to  serve  such  pupils  in  prekindergarten

        S. 9006--B                         10
 
     1  programs,  without  causing  significant  disruption  to  other district
     2  programming. If a hardship waiver is granted, the three-year-old overage
     3  penalty shall be zero for the current school year.  No  school  district
     4  shall  be  eligible  for  a  waiver  in three or more consecutive school
     5  years.
     6    (B) "Maximum eligible three-year-old students" shall equal the greater
     7  of the amount set forth for such school district as "2025-26 3YO MAX UPK
     8  FTE" on the school aid computer listing produced by the commissioner  in
     9  support  of  the  executive  budget for the two thousand twenty-six--two
    10  thousand twenty-seven fiscal year and entitled "BT262-7" or the  sum  of
    11  (i) the maximum eligible three-year-old students in full-day programs in
    12  the  base  year  plus  (ii) the product of five-tenths multiplied by the
    13  maximum eligible three-year-old students in  half-day  programs  in  the
    14  base year.
    15    c. School districts shall receive up to fifty percent of the universal
    16  prekindergarten  apportionment defined in this subdivision upon approval
    17  of the application  submitted  pursuant  to  subdivision  five  of  this
    18  section,  but  not earlier than September first. School districts may be
    19  eligible for an additional twenty percent of  such  apportionment  after
    20  April  first  of each school year upon completion of a request for funds
    21  on a form designated by the commissioner. The remainder of  such  appor-
    22  tionment  shall  be  paid  to  each school district upon acceptance of a
    23  final expenditure report submitted on a form designated by  the  commis-
    24  sioner in the following school year.
    25    11.  No later than the two thousand twenty-eight--two thousand twenty-
    26  nine school year, all school districts shall serve in a full-day prekin-
    27  dergarten program all eligible four-year-old children  whose  parent  or
    28  guardian  applies to enroll such child in the district's universal prek-
    29  indergarten program, whether such services are provided directly through
    30  the school district, a board of  cooperative  educational  services,  or
    31  collaborative efforts between the school district and an eligible agency
    32  or agencies.
    33    §  6.  For the 2026-2027 school year, notwithstanding any inconsistent
    34  provision of law, for purposes of section 3602-e of the  education  law,
    35  for  a city school district in a city having a population of one million
    36  or more the maximum eligible three-year-old students shall equal  31,561
    37  and  the three-year-old maximum apportionment shall equal the product of
    38  the maximum eligible three-year-old students multiplied by the  quotient
    39  of the amount set forth for such school district as "2025-26 3YO MAX UPK
    40  AID"  on the school aid computer listing produced by the commissioner in
    41  support of the executive budget for the 2026-27 fiscal year and entitled
    42  "BT262-7" divided by the amount set forth as "2025-26 3YO  MAX  FTE"  on
    43  such listing.
    44    § 7.  Section 3602-ee of the education law is REPEALED.
    45    §  8.   Paragraph i of subdivision 12 of section 3602 of the education
    46  law, as amended by section 13 of part A of chapter 56  of  the  laws  of
    47  2025, is amended to read as follows:
    48    i.  For  the  two  thousand twenty-one--two thousand twenty-two school
    49  year through the two  thousand  [twenty-five]  twenty-six--two  thousand
    50  [twenty-six]  twenty-seven  school  year,  each school district shall be
    51  entitled to an apportionment equal to the  amount  set  forth  for  such
    52  school  district  as  "ACADEMIC  ENHANCEMENT" under the heading "2020-21
    53  ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
    54  commissioner  in  support of the budget for the two thousand twenty--two
    55  thousand twenty-one school year and entitled "SA202-1", and such  appor-
    56  tionment  shall  be deemed to satisfy the state obligation to provide an

        S. 9006--B                         11
 
     1  apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
     2  hundred forty-one of this article.
     3    §  9.  The  opening paragraph of subdivision 16 of section 3602 of the
     4  education law, as amended by section 14 of part A of chapter 56  of  the
     5  laws of 2025, is amended to read as follows:
     6    Each  school  district  shall  be  eligible  to receive a high tax aid
     7  apportionment in the two thousand eight--two thousand nine school  year,
     8  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
     9  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    10  tax aid apportionment or (ii) the product of the apportionment  received
    11  by  the school district pursuant to this subdivision in the two thousand
    12  seven--two thousand eight school year,  multiplied  by  the  due-minimum
    13  factor,  which shall equal, for districts with an alternate pupil wealth
    14  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
    15  section that is less than two, seventy percent (0.70), and for all other
    16  districts,  fifty percent (0.50). Each school district shall be eligible
    17  to receive a high tax aid apportionment in the  two  thousand  nine--two
    18  thousand  ten  through two thousand twelve--two thousand thirteen school
    19  years in the amount set forth for such school district as "HIGH TAX AID"
    20  under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
    21  listing  produced  by  the commissioner in support of the budget for the
    22  two thousand nine--two thousand ten school year and  entitled  "SA0910".
    23  Each  school district shall be eligible to receive a high tax aid appor-
    24  tionment in the two thousand thirteen--two thousand fourteen through two
    25  thousand [twenty-five] twenty-six--two thousand [twenty-six] twenty-sev-
    26  en school year equal to the greater of (1) the amount set forth for such
    27  school district as "HIGH TAX AID" under the heading "2008-09  BASE  YEAR
    28  AIDS" in the school aid computer listing produced by the commissioner in
    29  support of the budget for the two thousand nine--two thousand ten school
    30  year  and  entitled "SA0910" or (2) the amount set forth for such school
    31  district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
    32  the school aid computer listing produced by the commissioner in  support
    33  of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
    34  "BT131-4".
    35    § 10. Intentionally omitted.
    36    § 11. Intentionally omitted.
    37    § 12. Intentionally omitted.
    38    § 13. Intentionally omitted.
    39    § 14. Subdivision b of section 2 of chapter 756 of the  laws  of  1992
    40  relating  to funding a program for work force education conducted by the
    41  consortium for worker education in New York city, as amended by  section
    42  18  of  part  A of chapter 56 of the laws of 2025, is amended to read as
    43  follows:
    44    b. Reimbursement for programs approved in accordance with  subdivision
    45  a  of  this section for the reimbursement for the 2018--2019 school year
    46  shall not exceed 59.4 percent of the lesser of such approvable costs per
    47  contact hour or fourteen dollars and ninety-five cents per contact hour,
    48  reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7
    49  percent  of  the  lesser  of  such  approvable costs per contact hour or
    50  fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
    51  2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
    52  such approvable costs per contact hour or sixteen  dollars  and  twenty-
    53  five  cents  per  contact  hour, reimbursement for the 2021--2022 school
    54  year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
    55  costs  per  contact  hour or sixteen dollars and forty cents per contact
    56  hour, reimbursement for the 2022--2023 school year shall not exceed 55.7

        S. 9006--B                         12

     1  percent of the lesser of such  approvable  costs  per  contact  hour  or
     2  sixteen  dollars and sixty cents per contact hour, reimbursement for the
     3  2023--2024 school year shall not exceed 54.7 percent of  the  lesser  of
     4  such  approvable costs per contact hour or seventeen dollars and seventy
     5  cents per contact hour, reimbursement for  the  2024--2025  school  year
     6  shall not exceed 56.6 percent of the lesser of such approvable costs per
     7  contact  hour  or  eighteen  dollars and seventy cents per contact hour,
     8  [and] reimbursement for the 2025--2026 school year shall not exceed 58.2
     9  percent of the lesser of such approvable costs per contact hour or nine-
    10  teen dollars and fifty-five cents per contact  hour,  and  reimbursement
    11  for  the  2026--2027  school  year  shall not exceed 59.2 percent of the
    12  lesser of such approvable costs per contact hour or twenty  dollars  and
    13  forty  cents per contact hour, and where a contact hour represents sixty
    14  minutes of instruction services provided to an eligible adult.  Notwith-
    15  standing any other provision of law to the contrary, for the  2018--2019
    16  school year such contact hours shall not exceed one million four hundred
    17  sixty-three  thousand  nine  hundred  sixty-three  (1,463,963);  for the
    18  2019--2020 school year such contact hours shall not exceed  one  million
    19  four  hundred  forty-four  thousand four hundred forty-four (1,444,444);
    20  for the 2020--2021 school year such contact hours shall not  exceed  one
    21  million  four  hundred six thousand nine hundred twenty-six (1,406,926);
    22  for the 2021--2022 school year such contact hours shall not  exceed  one
    23  million   four   hundred   sixteen   thousand   one  hundred  twenty-two
    24  (1,416,122); for the 2022--2023 school year such contact hours shall not
    25  exceed one million four hundred six  thousand  nine  hundred  twenty-six
    26  (1,406,926); for the 2023--2024 school year such contact hours shall not
    27  exceed  one million three hundred forty-two thousand nine hundred seven-
    28  ty-five (1,342,975); for the 2024--2025 school year such  contact  hours
    29  shall  not  exceed  one  million two hundred twenty-eight thousand seven
    30  hundred thirty-three (1,228,733); [and] for the 2025--2026  school  year
    31  such  contact hours shall not exceed one million one hundred forty-three
    32  thousand three hundred fifty-nine (1,143,359); and  for  the  2026--2027
    33  school year such contact hours shall not exceed one million seventy-sev-
    34  en  thousand  fifty (1,077,050).  Notwithstanding any other provision of
    35  law to the contrary, the apportionment calculated for  the  city  school
    36  district  of  the city of New York pursuant to subdivision 11 of section
    37  3602 of the education law shall be computed as  if  such  contact  hours
    38  provided  by  the  consortium  for  worker  education, not to exceed the
    39  contact hours set forth herein, were eligible for aid in accordance with
    40  the provisions of such subdivision 11 of section 3602 of  the  education
    41  law.
    42    § 15. Section 4 of chapter 756 of the laws of 1992 relating to funding
    43  a program for work force education conducted by the consortium for work-
    44  er  education in New York city is amended by adding a new subdivision ee
    45  to read as follows:
    46    ee. The provisions of this  subdivision  shall  not  apply  after  the
    47  completion  of  payments for the 2026--2027 school year. Notwithstanding
    48  any inconsistent provisions of law, the commissioner of education  shall
    49  withhold  a  portion  of employment preparation education aid due to the
    50  city school district of the city of New York to support a portion of the
    51  costs of the work force education program. Such moneys shall be credited
    52  to the elementary and secondary education fund-local assistance  account
    53  and shall not exceed thirteen million dollars ($13,000,000).
    54    § 16. Section 6 of chapter 756 of the laws of 1992 relating to funding
    55  a program for work force education conducted by the consortium for work-

        S. 9006--B                         13
 
     1  er  education  in  New  York city, as amended by section 20 of part A of
     2  chapter 56 of the laws of 2025, is amended to read as follows:
     3    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
     4  repealed June 30, [2026] 2027.
     5    § 17. Paragraph a of subdivision 14 of section 3641 of  the  education
     6  law,  as added by section 2 of part I of chapter 61 of the laws of 2006,
     7  is amended to read as follows:
     8    a. Establishment of the EXCEL program. There is hereby established the
     9  expanding our children's  education  and  learning  (EXCEL)  program  to
    10  provide  project financing or assistance in the form of grants to eligi-
    11  ble school districts, in addition to, or in lieu of, the  apportionments
    12  made  pursuant  to  subdivisions six, six-a, six-b, six-c, six-d, six-e,
    13  six-f and paragraph c of  subdivision  fourteen  of  section  thirty-six
    14  hundred  two  of  this  article, and subdivisions ten and twelve of this
    15  section, for the costs of EXCEL school facility projects. An  apportion-
    16  ment  for  any  such  project  shall initially be available in the state
    17  fiscal year commencing April first, two thousand six.   Such  apportion-
    18  ment  shall  be  used  to fund projects certified by the commissioner in
    19  accordance with subdivision six of section sixteen hundred eighty-nine-i
    20  of the public authorities law prior to December thirty-first, two  thou-
    21  sand twenty-eight. Notwithstanding any provision of law to the contrary,
    22  the  dormitory authority of the state of New York shall be authorized to
    23  issue bonds or notes in an aggregate amount not to  exceed  two  billion
    24  six hundred million dollars for purposes of the EXCEL program.
    25    §  18. Subparagraph 1 of paragraph b of subdivision 14 of section 3641
    26  of the education law, as added by section 2 of part I of chapter  61  of
    27  the laws of 2006, is amended to read as follows:
    28    (1)  "EXCEL  project".  An  EXCEL  project  shall  be certified by the
    29  commissioner prior to December thirty-first, two  thousand  twenty-eight
    30  and shall include, but not be limited to, the acquisition, design, plan-
    31  ning, construction, reconstruction, rehabilitation, preservation, devel-
    32  opment,  improvement or modernization of an EXCEL school facility, where
    33  such project:
    34    § 19. Section 5 of part I of chapter 61 of the laws of  2006  amending
    35  the  education  law and the public authorities law relating to expanding
    36  our children's education and learning is amended to read as follows:
    37    § 5. This act shall take effect on the same date as a chapter  of  the
    38  laws of 2006 enacting into law major components of legislation which are
    39  necessary  to  implement  the  education,  labor,  and  budget  for  the
    40  2006-2007 state fiscal year, family assistance budget for the  2006-2007
    41  state  fiscal year, as proposed in legislative bill numbers S.6458-C and
    42  A.9558-B, takes effect; provided, however, that sections two, three, and
    43  four of this act shall expire and be deemed  repealed  on  December  31,
    44  2029.
    45    §  20.  Subdivision 6 of section 4402 of the education law, as amended
    46  by section 21 of part A of chapter 56 of the laws of 2025, is amended to
    47  read as follows:
    48    6. Notwithstanding any other law, rule or regulation to the  contrary,
    49  the  board  of  education of a city school district with a population of
    50  one hundred twenty-five thousand or more inhabitants shall be  permitted
    51  to  establish  maximum  class  sizes  for  special  classes  for certain
    52  students with disabilities in accordance with  the  provisions  of  this
    53  subdivision. For the purpose of obtaining relief from any adverse fiscal
    54  impact  from under-utilization of special education resources due to low
    55  student attendance in  special  education  classes  at  the  middle  and
    56  secondary level as determined by the commissioner, such boards of educa-

        S. 9006--B                         14
 
     1  tion  shall, during the school years nineteen hundred ninety-five--nine-
     2  ty-six through June thirtieth, two thousand  [twenty-six]  twenty-seven,
     3  be  authorized  to  increase  class  sizes in special classes containing
     4  students  with  disabilities whose age ranges are equivalent to those of
     5  students in middle and secondary schools as defined by the  commissioner
     6  for  purposes  of  this  section  by up to but not to exceed one and two
     7  tenths times the applicable maximum class size specified in  regulations
     8  of  the  commissioner  rounded  up to the nearest whole number, provided
     9  that in a city school district having a population  of  one  million  or
    10  more, classes that have a maximum class size of fifteen may be increased
    11  by  no  more  than  one  student and provided that the projected average
    12  class size shall not exceed the  maximum  specified  in  the  applicable
    13  regulation,  provided  that  such  authorization shall terminate on June
    14  thirtieth, two thousand. Such authorization shall be granted upon filing
    15  of a notice by such a board of education with the  commissioner  stating
    16  the  board's  intention to increase such class sizes and a certification
    17  that the board will conduct  a  study  of  attendance  problems  at  the
    18  secondary  level and will implement a corrective action plan to increase
    19  the rate of attendance of students in such classes to at least the  rate
    20  for students attending regular education classes in secondary schools of
    21  the  district.  Such  corrective  action  plan  shall  be  submitted for
    22  approval by the commissioner by a date during the school year  in  which
    23  such  board  increases class sizes as provided pursuant to this subdivi-
    24  sion to be prescribed by the commissioner. Upon  at  least  thirty  days
    25  notice to the board of education, after conclusion of the school year in
    26  which  such  board  increases  class  sizes as provided pursuant to this
    27  subdivision, the commissioner shall  be  authorized  to  terminate  such
    28  authorization  upon  a  finding  that the board has failed to develop or
    29  implement an approved corrective action plan.
    30    § 21. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
    31  of  1995 amending the education law and other laws relating to state aid
    32  to school districts and the appropriation of funds for  the  support  of
    33  government, as amended by section 22 of part A of chapter 56 of the laws
    34  of 2025, are amended to read as follows:
    35    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
    36  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
    37  take effect on July 1, 1995; provided, however, that section one hundred
    38  thirteen of this act shall remain in full force and effect until July 1,
    39  [2026] 2027 at which time it shall be deemed repealed;
    40    (24)  sections one hundred eighteen through one hundred thirty of this
    41  act shall be deemed to have been in full force and effect on  and  after
    42  July 1, 1995; provided further, however, that the amendments made pursu-
    43  ant to section one hundred twenty-four of this act shall be deemed to be
    44  repealed on and after July 1, [2026] 2027;
    45    §  22.  Special  apportionment for salary expenses. 1. Notwithstanding
    46  any other provision of law, upon  application  to  the  commissioner  of
    47  education,  not  sooner  than  the first day of the second full business
    48  week of June 2027 and not later than the last  day  of  the  third  full
    49  business week of June 2027, a school district eligible for an apportion-
    50  ment  pursuant to section 3602 of the education law shall be eligible to
    51  receive an apportionment pursuant to this section, for the  school  year
    52  ending  June  30, 2027, for salary expenses incurred between April 1 and
    53  June 30, 2026 and such apportionment shall not exceed the sum of (a) the
    54  deficit reduction assessment of 1990--1991 as determined by the  commis-
    55  sioner of education, pursuant to paragraph f of subdivision 1 of section
    56  3602  of the education law, as in effect through June 30, 1993, plus (b)

        S. 9006--B                         15
 
     1  186 percent of such amount for a city school district in a city  with  a
     2  population  in  excess of 1,000,000 inhabitants, plus (c) 209 percent of
     3  such amount for a city school district in a city with  a  population  of
     4  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
     5  ing to the latest federal census,  plus  (d)  the  net  gap  elimination
     6  adjustment  for  2010--2011, as determined by the commissioner of educa-
     7  tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
     8  nation adjustment for 2011--2012 as determined by  the  commissioner  of
     9  education  pursuant  to  subdivision 17 of section 3602 of the education
    10  law, and provided further that such apportionment shall not exceed  such
    11  salary  expenses.  Such  application shall be made by a school district,
    12  after the board of education or trustees have adopted a resolution to do
    13  so and in the case of a city school district in a city with a population
    14  in excess of 125,000 inhabitants, with the approval of the mayor of such
    15  city.
    16    2. The claim for an apportionment to be  paid  to  a  school  district
    17  pursuant  to  subdivision  1  of  this section shall be submitted to the
    18  commissioner of education on a form prescribed  for  such  purpose,  and
    19  shall  be  payable upon determination by such commissioner that the form
    20  has been submitted as prescribed. Such approved amounts shall be payable
    21  on the same day in September of the school year following  the  year  in
    22  which  application was made as funds provided pursuant to subparagraph 4
    23  of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
    24  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    25  certified or approved by the commissioner of  education  in  the  manner
    26  prescribed  by  law  from  moneys in the state lottery fund and from the
    27  general fund to the extent that the amount paid  to  a  school  district
    28  pursuant  to  this  section  exceeds the amount, if any, due such school
    29  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
    30  section  3609-a  of  the  education law in the school year following the
    31  year in which application was made.
    32    3. Notwithstanding the provisions of section 3609-a of  the  education
    33  law, an amount equal to the amount paid to a school district pursuant to
    34  subdivisions  1  and  2 of this section shall first be deducted from the
    35  following payments due  the  school  district  during  the  school  year
    36  following  the  year  in which application was made pursuant to subpara-
    37  graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
    38  3609-a  of  the education law in the following order: the lottery appor-
    39  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
    40  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
    41  paragraph and then followed by the district's payments to the  teachers'
    42  retirement  system pursuant to subparagraph 1 of such paragraph, and any
    43  remainder to be  deducted  from  the  individualized  payments  due  the
    44  district  pursuant  to paragraph b of such subdivision shall be deducted
    45  on a chronological basis starting with  the  earliest  payment  due  the
    46  district.
    47    §  23. Special apportionment for public pension accruals. 1.  Notwith-
    48  standing any other provision of law, upon application to the commission-
    49  er of education, not later than June 30, 2027, a school district  eligi-
    50  ble  for  an apportionment pursuant to section 3602 of the education law
    51  shall be eligible to receive an apportionment pursuant to this  section,
    52  for  the  school  year ending June 30, 2027 and such apportionment shall
    53  not exceed the  additional  accruals  required  to  be  made  by  school
    54  districts  in the 2004--2005 and 2005--2006 school years associated with
    55  changes for such public pension liabilities. The amount  of  such  addi-
    56  tional  accrual  shall  be certified to the commissioner of education by

        S. 9006--B                         16

     1  the president of the board of education or the trustees or, in the  case
     2  of  a  city  school  district  in  a city with a population in excess of
     3  125,000 inhabitants, the mayor of such city. Such application  shall  be
     4  made by a school district, after the board of education or trustees have
     5  adopted  a resolution to do so and in the case of a city school district
     6  in a city with a population in excess of 125,000 inhabitants,  with  the
     7  approval of the mayor of such city.
     8    2.  The  claim  for  an  apportionment to be paid to a school district
     9  pursuant to subdivision one of this section shall be  submitted  to  the
    10  commissioner  of  education  on  a form prescribed for such purpose, and
    11  shall be payable upon determination by such commissioner that  the  form
    12  has been submitted as prescribed. Such approved amounts shall be payable
    13  on  the  same  day in September of the school year following the year in
    14  which application was made as funds provided pursuant to subparagraph  4
    15  of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
    16  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    17  certified  or  approved  by  the commissioner of education in the manner
    18  prescribed by law from moneys in the state lottery  fund  and  from  the
    19  general  fund  to  the  extent that the amount paid to a school district
    20  pursuant to this section exceeds the amount, if  any,  due  such  school
    21  district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
    22  section 3609-a of the education law in the  school  year  following  the
    23  year in which application was made.
    24    3.  Notwithstanding  the provisions of section 3609-a of the education
    25  law, an amount equal to the amount paid to a school district pursuant to
    26  subdivisions 1 and 2 of this section shall first be  deducted  from  the
    27  following  payments  due  the  school  district  during  the school year
    28  following the year in which application was made  pursuant  to  subpara-
    29  graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
    30  3609-a of the education law in the following order: the  lottery  appor-
    31  tionment  payable  pursuant to subparagraph 2 of such paragraph followed
    32  by the fixed fall payments payable pursuant to subparagraph  4  of  such
    33  paragraph  and then followed by the district's payments to the teachers'
    34  retirement system pursuant to subparagraph 1 of such paragraph, and  any
    35  remainder  to  be  deducted  from  the  individualized  payments due the
    36  district pursuant to paragraph b of such subdivision shall  be  deducted
    37  on  a  chronological  basis  starting  with the earliest payment due the
    38  district.
    39    § 24. The amounts specified in this section shall be a set-aside  from
    40  the  state  funds  which  each such district is receiving from the total
    41  foundation aid:
    42    1. for the development, maintenance or expansion of magnet schools  or
    43  magnet  school  programs  for  the  2026--2027 school year. For the city
    44  school district of the city of New York there shall be  a  set-aside  of
    45  foundation  aid  equal  to  forty-eight million one hundred seventy-five
    46  thousand dollars ($48,175,000) including five hundred  thousand  dollars
    47  ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
    48  school  district,  twenty-one  million  twenty-five   thousand   dollars
    49  ($21,025,000);  for  the Rochester city school district, fifteen million
    50  dollars ($15,000,000); for the Syracuse city school  district,  thirteen
    51  million  dollars  ($13,000,000);  for  the Yonkers city school district,
    52  forty-nine million five hundred thousand dollars ($49,500,000); for  the
    53  Newburgh city school district, four million six hundred forty-five thou-
    54  sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
    55  two million four hundred seventy-five thousand dollars ($2,475,000); for
    56  the Mount Vernon city school district, two million dollars ($2,000,000);

        S. 9006--B                         17
 
     1  for the New Rochelle city school district, one million four hundred  ten
     2  thousand dollars ($1,410,000); for the Schenectady city school district,
     3  one  million  eight  hundred thousand dollars ($1,800,000); for the Port
     4  Chester  city  school  district,  one million one hundred fifty thousand
     5  dollars ($1,150,000); for the White Plains city  school  district,  nine
     6  hundred  thousand  dollars ($900,000); for the Niagara Falls city school
     7  district, six hundred thousand dollars ($600,000); for the  Albany  city
     8  school  district,  three  million  five  hundred  fifty thousand dollars
     9  ($3,550,000); for the Utica city school district,  two  million  dollars
    10  ($2,000,000);  for  the Beacon city school district, five hundred sixty-
    11  six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
    12  district,  four  hundred  thousand  dollars ($400,000); for the Freeport
    13  union free school district, four hundred  thousand  dollars  ($400,000);
    14  for  the  Greenburgh  central  school  district,  three hundred thousand
    15  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
    16  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
    17  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
    18  city school district, four hundred thousand dollars ($400,000).
    19    2.  Notwithstanding any inconsistent provision of law to the contrary,
    20  a school district setting aside such foundation  aid  pursuant  to  this
    21  section  may  use  such  set-aside  funds  for: (a) any instructional or
    22  instructional support costs associated with the operation  of  a  magnet
    23  school;  or (b) any instructional or instructional support costs associ-
    24  ated with implementation of an alternative approach to promote diversity
    25  and/or enhancement of the instructional program and raising of standards
    26  in elementary and secondary schools of school districts having  substan-
    27  tial concentrations of minority students.
    28    3.  The  commissioner of education shall not be authorized to withhold
    29  foundation aid from a school district that used such funds in accordance
    30  with this paragraph, notwithstanding any inconsistency  with  a  request
    31  for  proposals issued by such commissioner for the purpose of attendance
    32  improvement and dropout prevention for the 2026--2027 school  year,  and
    33  for  any city school district in a city having a population of more than
    34  one million,  the  set-aside  for  attendance  improvement  and  dropout
    35  prevention  shall  equal  the amount set aside in the base year. For the
    36  2026--2027 school year, it is further  provided  that  any  city  school
    37  district  in  a  city having a population of more than one million shall
    38  allocate at least one-third of any increase from  base  year  levels  in
    39  funds set aside pursuant to the requirements of this section to communi-
    40  ty-based  organizations.  Any increase required pursuant to this section
    41  to community-based organizations must  be  in  addition  to  allocations
    42  provided to community-based organizations in the base year.
    43    4.  For the purpose of teacher support for the 2026--2027 school year:
    44  for the city school district of the city of New York, sixty-two  million
    45  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    46  school  district,  one  million seven hundred forty-one thousand dollars
    47  ($1,741,000); for the Rochester city school district, one million seven-
    48  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    49  district,   one   million   one  hundred  forty-seven  thousand  dollars
    50  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    51  nine  thousand  dollars ($809,000). All funds made available to a school
    52  district pursuant to this section shall be  distributed  among  teachers
    53  including  prekindergarten teachers and teachers of adult vocational and
    54  academic subjects in accordance with this section and shall be in  addi-
    55  tion  to  salaries heretofore or hereafter negotiated or made available;
    56  provided, however, that all funds distributed pursuant to  this  section

        S. 9006--B                         18
 
     1  for  the  current year shall be deemed to incorporate all funds distrib-
     2  uted pursuant to former subdivision 27 of section 3602 of the  education
     3  law  for prior years. In school districts where the teachers are repres-
     4  ented  by  certified  or  recognized  employee organizations, all salary
     5  increases funded pursuant to this section shall be determined  by  sepa-
     6  rate  collective  negotiations  conducted pursuant to the provisions and
     7  procedures of article 14 of the civil service law,  notwithstanding  the
     8  existence  of  a  negotiated  agreement  between a school district and a
     9  certified or recognized employee organization.
    10    § 25. Support of public libraries. The  moneys  appropriated  for  the
    11  support  of  public  libraries by a chapter of the laws of 2026 enacting
    12  the aid to localities budget shall be  apportioned  for  the  2026--2027
    13  state  fiscal  year  in  accordance with the provisions of sections 271,
    14  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
    15  provisions  of such chapter and the provisions of this section, provided
    16  that library construction aid pursuant to section 273-a of the education
    17  law shall not be payable from the  appropriations  for  the  support  of
    18  public libraries and provided further that no library, library system or
    19  program, as defined by the commissioner of education, shall receive less
    20  total  system  or  program  aid than it received for the year 2025--2026
    21  except as a result of a reduction adjustment necessary to conform to the
    22  appropriations for support of public libraries.
    23    Notwithstanding any other provision of law to the contrary, the moneys
    24  appropriated for the support of public libraries for the year 2026--2027
    25  by a chapter of the laws of 2026 enacting the aid to  localities  budget
    26  shall  fulfill  the state's obligation to provide such aid and, pursuant
    27  to a plan developed by the commissioner of education and approved by the
    28  director of the budget, the aid payable to libraries and library systems
    29  pursuant to such appropriations  shall  be  reduced  proportionately  to
    30  assure  that  the  total amount of aid payable does not exceed the total
    31  appropriations for such purpose.
    32    § 26. Severability. The provisions of this act shall be severable, and
    33  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    34  section  or  part  of  this  act  to any person or circumstance shall be
    35  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    36  judgment shall not necessarily affect, impair or invalidate the applica-
    37  tion  of  any such clause, sentence, paragraph, subdivision, section, or
    38  part of this act or remainder thereof, as the case may be, to any  other
    39  person  or  circumstance,  but shall be confined in its operation to the
    40  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    41  directly  involved  in the controversy in which such judgment shall have
    42  been rendered.
    43    § 27. This act shall take effect immediately and shall  be  deemed  to
    44  have been in full force and effect on and after April 1, 2026; provided,
    45  however, that:
    46    1.  Sections one, two, four, five, six, seven, eight, nine, twenty and
    47  twenty-four of this act shall take effect July 1, 2026;
    48    2. The amendments to chapter 756 of the laws of 1992 made by  sections
    49  fourteen  and  fifteen  of  this act shall not affect the repeal of such
    50  chapter and shall be deemed repealed therewith;
    51    3. The amendments to subdivision 14 of section 3641 of  the  education
    52  law made by sections seventeen and eighteen of this act shall not affect
    53  the  expiration of such subdivision and shall be deemed to expire there-
    54  with.
 
    55                                  PART A-1

        S. 9006--B                         19
 
     1    Section 1. Subdivision 3 of section  711  of  the  education  law,  as
     2  amended  by  section  7  of part B of chapter 57 of the laws of 2007, is
     3  amended to read as follows:
     4    3.  No  school  district  shall  be  required to purchase or otherwise
     5  acquire school library materials, the cost  of  which  shall  exceed  an
     6  amount  equal  to  the library materials factor multiplied by the sum of
     7  the public school district enrollment and the nonpublic  school  enroll-
     8  ment in the base year as defined in subparagraphs two and three of para-
     9  graph  n  of  subdivision  one of section thirty-six hundred two of this
    10  chapter. For aid payable in the nineteen hundred  ninety-eight--nineteen
    11  hundred  ninety-nine  school year, the library materials factor shall be
    12  four dollars. For aid payable in the two  thousand  seven--two  thousand
    13  eight school year [and thereafter] through the two thousand twenty-five-
    14  -two thousand twenty-six school year, the library materials factor shall
    15  be  six  dollars and twenty-five cents. For aid payable in the two thou-
    16  sand twenty-six--two thousand twenty-seven school year  and  thereafter,
    17  the  library  materials  factor shall be eleven dollars and thirty-three
    18  cents.
    19    § 2. Subdivision 1 of section 3622-a of the education law, as added by
    20  chapter 474 of the laws of 1996, is amended to read as follows:
    21    1. Transportation of pupils to and from school once  daily,  including
    22  children  attending  a  universal  pre-kindergarten  program pursuant to
    23  section thirty-six hundred two-e of this article, provided, however,  in
    24  no case shall there be any deduction made in determining aidable regular
    25  transportation  on  the  basis  of bus mileage travelled in transporting
    26  children as part of a regional or joint transportation system;
    27    § 3. Paragraph a of subdivision 1 of section  3635  of  the  education
    28  law,  as  amended  by  section 11 of part A of chapter 97 of the laws of
    29  2011, is amended to read as follows:
    30    a. Sufficient transportation facilities (including the  operation  and
    31  maintenance  of motor vehicles) shall be provided by the school district
    32  for all the children residing within the school district to and from the
    33  school they legally attend, who  are  in  need  of  such  transportation
    34  because  of  the  remoteness  of  the  school  to  the  child or for the
    35  promotion of the best interest of such children.    Such  transportation
    36  shall be provided for all children attending grades kindergarten through
    37  eight  who  live  more than two miles from the school which they legally
    38  attend and for all children attending grades  nine  through  twelve  who
    39  live more than three miles from the school which they legally attend and
    40  shall be provided for each such child up to a distance of fifteen miles,
    41  the distances in each case being measured by the nearest available route
    42  from  home  to  school.  Such transportation may be provided to children
    43  attending a universal pre-kindergarten program pursuant to section thir-
    44  ty-six hundred two-e of this article. The cost of providing such  trans-
    45  portation  between  two  or three miles, as the case may be, and fifteen
    46  miles shall be considered for the purposes  of  this  chapter  to  be  a
    47  charge  upon  the  district  and  an  ordinary contingent expense of the
    48  district. Transportation for a lesser distance than  two  miles  in  the
    49  case of children attending a universal pre-kindergarten program pursuant
    50  to section thirty-six hundred two-e of this article or grades kindergar-
    51  ten  through  eight  or  three  miles  in the case of children attending
    52  grades nine through twelve and for a greater distance than fifteen miles
    53  may be provided by the district  with  the  approval  of  the  qualified
    54  voters,  and,  if  provided, shall be offered equally to all children in
    55  like circumstances residing in the  district;  provided,  however,  that

        S. 9006--B                         20
 
     1  this  requirement  shall not apply to transportation offered pursuant to
     2  section thirty-six hundred thirty-five-b of this article.
     3    §  4.  Paragraph  e  of subdivision 1 of section 3635 of the education
     4  law, as amended by chapter 665 the laws of 1990, is amended to  read  as
     5  follows:
     6    e.  In  lieu  of the transportation provided pursuant to the foregoing
     7  provisions of this  subdivision,  a  board  of  education  may,  at  its
     8  discretion,  provide  transportation  to any child attending a universal
     9  pre-kindergarten program pursuant to section thirty-six hundred two-e of
    10  this article or grades kindergarten through  eight  between  the  school
    11  such  child  legally  attends  and before-and/or-after-school child care
    12  locations. For the purposes of this subdivision, a  before-and/or-after-
    13  school  child  care  location shall mean a place, other than the child's
    14  home, where care for less than twenty-four hours a day is provided on  a
    15  regular basis for a child who attends school within the school district,
    16  provided  that  such  place is situated within the school district. This
    17  definition includes, but is not limited to,  a  variety  of  child  care
    18  services  such  as  day  care centers, family day care homes and in-home
    19  care by non-relatives. Such transportation may be provided for  children
    20  attending a universal pre-kindergarten program pursuant to section thir-
    21  ty-six  hundred  two-e  of  this  article or grades kindergarten through
    22  eight where the distance between the  school  they  legally  attend  and
    23  before-and/or-after-school  child care locations is more than two miles,
    24  and may be provided for up to a distance of fifteen miles, the  distance
    25  in  each case being measured by the nearest available route from before-
    26  and/or-after-school child care locations  to  the  school  they  legally
    27  attend,  except that transportation for a lesser distance than two miles
    28  or a greater distance than fifteen miles may be provided if  transporta-
    29  tion for such distances is provided to students between home and school.
    30  Where  a  child  receives transportation from a before-school child care
    31  location to the school [he or she]  such  child  legally  attends,  such
    32  child shall be entitled to receive transportation from the school [he or
    33  she]  such child legally attends to [his or her] such child's home or to
    34  an after-school child care location in accordance with this subdivision.
    35  Where a child receives transportation from the school [he or  she]  such
    36  child legally attends to an after-school child care location, such child
    37  shall  be entitled to receive transportation from home to the school [he
    38  or she] such child legally attends in accordance with this  subdivision.
    39  Transportation  may  be provided to any child attending a universal pre-
    40  kindergarten program pursuant to section  thirty-six  hundred  two-e  of
    41  this article or grades kindergarten through eight between the school the
    42  child   legally   attends   and  before-and/or-after-school  child  care
    43  locations upon written request of the parent or legal guardian submitted
    44  not later than the first day of April preceding the  next  school  year,
    45  provided,  however,  a parent or guardian of a child not residing in the
    46  district on such date shall submit a written request within thirty  days
    47  after  establishing  residence in the district and provided further that
    48  in order to be considered eligible for such transportation in the  nine-
    49  teen  hundred  eighty-seven--eighty-eight school year, such request must
    50  be  submitted  by  August  first,  nineteen  hundred  eighty-seven.  The
    51  provision  of transportation to or from before-and/or-after-school child
    52  care locations, if provided, shall be offered equally to all children in
    53  like circumstances residing in the district, provided that  a  board  of
    54  education furnishing transportation pursuant to this paragraph may limit
    55  the  provision  of  such  transportation to child care locations located
    56  within the attendance zone of the school the child attends, and to child

        S. 9006--B                         21
 
     1  day care centers and school age child care programs licensed  or  regis-
     2  tered  pursuant  to  section three hundred ninety of the social services
     3  law located anywhere within the school district. The cost  of  providing
     4  such  transportation between two or three miles, as the case may be, and
     5  fifteen miles shall be considered for the purposes of this chapter to be
     6  a charge upon the district. Such substitute transportation expense shall
     7  be eligible for state aid in accordance with [clause]  subparagraph  one
     8  of paragraph b of subdivision seven of section thirty-six hundred two of
     9  this  [chapter]  article. Nothing in this subdivision shall be construed
    10  to impose a duty upon boards of education to provide  transportation  to
    11  or from before-and/or-after-school child care locations. Nothing in this
    12  subdivision  shall  be  construed  to  authorize  boards of education to
    13  provide to any child transportation between a before-and/or-after-school
    14  day care location and that child's home.
    15    § 5. Paragraph g of subdivision 1 of section 3635 of the education law
    16  is REPEALED.
    17    § 6. Subdivision 2 of section 3635-b of the education law, as  amended
    18  by chapter 422 of the laws of 2004, is amended to read as follows:
    19    2.  A board of education or board of trustees is authorized to adopt a
    20  resolution providing for pupil transportation  in  child  safety  zones,
    21  where  applicable, of a proposition to expend money for such transporta-
    22  tion presented pursuant to the provisions  of  subdivision  nineteen  of
    23  section  two  thousand twenty-one and section two thousand twenty-two of
    24  this chapter. Such transportation may be provided without regard to like
    25  circumstances based solely upon the fact that the pupil  resides  within
    26  two  miles,  in  the  case  of  a  pupil in a universal pre-kindergarten
    27  program pursuant to section thirty-six hundred two-e of this article  or
    28  grade kindergarten through eight, and within three miles, in the case of
    29  a pupil in grade nine through twelve, from the school such pupil legally
    30  attends,  notwithstanding  the  provisions of section thirty-six hundred
    31  thirty-five of this [article] part. Such transportation may be  provided
    32  upon  the  determination by the board that a hazardous zone exists which
    33  in the opinion of the board would be reasonably alleviated by the estab-
    34  lishment of a child safety zone. For purposes  of  this  section,  child
    35  safety  zone  means a designated area of a school district, including at
    36  least one personal residence, within which  children  who  reside  at  a
    37  lesser  distance  from  the  school they legally attend than the minimum
    38  transportation limit of the district will be provided transportation  on
    39  the basis that their most direct walking route to school will traverse a
    40  hazardous zone.
    41    §  7.  Paragraph a of subdivision 3 of section 3623-a of the education
    42  law, as added by chapter 474 of the laws of 1996, is amended to read  as
    43  follows:
    44    a.  The  transportation  operating  expense  for  any  school district
    45  furnishing transportation for pupils  attending  a  school  within  such
    46  district  shall  be  reduced  by any moneys received for transportation,
    47  provided that universal pre-kindergarten program grants awarded pursuant
    48  to section thirty-six hundred two-e of this article shall not be consid-
    49  ered moneys received for transportation.
    50    § 8. Subdivision 1 of section 3602 of the education law is amended  by
    51  adding a new paragraph kk to read as follows:
    52    kk.  "Homeless  and  foster  count"  shall  mean the product of twelve
    53  hundredths (0.12) multiplied by the sum of  the  three-year  average  of
    54  students  experiencing  homelessness  plus the product of the three-year
    55  average of foster students, where:

        S. 9006--B                         22
 
     1    (1) "students experiencing homelessness" shall be equal to  the  undu-
     2  plicated  count  of  students  who  lack  a fixed, regular, and adequate
     3  nighttime residence, including a student who is sharing the  housing  of
     4  other  persons  due  to a loss of housing, economic hardship, or similar
     5  reason;  living  in motels, hotels, trailer parks or camping grounds due
     6  to the lack of alternative adequate accommodations; abandoned in  hospi-
     7  tals;  or  a migratory child, as defined by the commissioner, who quali-
     8  fies as homeless under any of the above provisions;  or  has  a  primary
     9  nighttime  location  that is a supervised publicly or privately operated
    10  shelter designed to provide temporary living  accommodations  including,
    11  but  not limited to, shelters operated or approved by the state or local
    12  department of social services, and residential programs for runaway  and
    13  homeless  youth established pursuant to article nineteen-H of the execu-
    14  tive law or a public or private place not designed  for,  or  ordinarily
    15  used  as, a regular sleeping accommodation for human beings, including a
    16  car, park, public space, abandoned building, substandard  housing,  bus,
    17  train  station,  or  similar setting. Homeless students does not include
    18  children in foster care placements  or  who  are  receiving  educational
    19  services  pursuant  to  subdivision  four, five, six, six-a, or seven of
    20  section thirty-two hundred two of this chapter or  pursuant  to  article
    21  eighty-one, eighty-five, eighty-seven or eighty-eight of this chapter;
    22    (2)  the  "three-year  average  of students experiencing homelessness"
    23  shall be equal to the quotient of (i) the unduplicated count of students
    24  experiencing homelessness for the school year prior to  the  base  year,
    25  plus  such  number for the school year two years prior to the base year,
    26  plus such number for the school year three years prior to the base year,
    27  divided by (ii) three, rounded to the nearest whole number;
    28    (3) "foster students" shall be equal  to  the  unduplicated  count  of
    29  students  in  twenty-four-hour  substitute care for children placed away
    30  from their parents and for whom the  agency  under  title  IV-E  of  the
    31  Social  Security  Act  has placement and care responsibility. This shall
    32  include, but is not limited  to,  placements  in  foster  family  homes,
    33  foster  homes of relatives, group homes, emergency shelters, residential
    34  facilities, child care institutions, and pre-adoptive homes. A child  is
    35  in  foster care in accordance with this definition regardless of whether
    36  or not the foster care facility is licensed and payments are made by the
    37  state, tribal, or local agency  for  the  care  of  the  child,  whether
    38  adoption subsidy payments are being made prior to the finalization of an
    39  adoption,  or whether there is federal matching of any payments that are
    40  made; and
    41    (4) the "three-year average of foster students" shall be equal to  the
    42  quotient of (i) the unduplicated count of foster students for the school
    43  year  prior  to  the base year, plus such number for the school year two
    44  years prior to the base year, plus such number for the school year three
    45  years prior to the base year, divided by  (ii)  three,  rounded  to  the
    46  nearest whole number.
    47    §  9.  Paragraph  s  of subdivision 1 of section 3602 of the education
    48  law, as amended by section 4-a of part A of chapter 56 of  the  laws  of
    49  2025, is amended to read as follows:
    50    s.  "Extraordinary  needs count" shall mean the sum of (i) the product
    51  of the English language learner count  multiplied  by  the  ELL  weight,
    52  [plus,]  (ii)  the  poverty  count  [and], (iii) the homeless and foster
    53  count, plus (iv) the sparsity count,  provided  that  the  'ELL  weight'
    54  shall  be five tenths (0.50) for the two thousand twenty-four--two thou-
    55  sand twenty-five school year and prior, [and shall be equal  to]  fifty-
    56  three  hundredths  (0.53)  in the two thousand twenty-five--two thousand

        S. 9006--B                         23
 
     1  twenty-six school year, and six tenths (0.6) in the two  thousand  twen-
     2  ty-six--two thousand twenty-seven school year and thereafter.
     3    §  10.  Subparagraph 2 of paragraph g of subdivision 3 of section 3602
     4  of the education law, as amended by section 8 of part A of chapter 56 of
     5  the laws of 2025, is amended to read as follows:
     6    (2) a value computed by subtracting from one the product  obtained  by
     7  multiplying  the  combined  wealth ratio by sixty-four hundredths (0.64)
     8  through the two thousand  twenty-five--two  thousand  twenty-six  school
     9  year  and  for  the  two  thousand twenty-six--two thousand twenty-seven
    10  school year and thereafter, a value computed by subtracting from one the
    11  product obtained when multiplying the combined wealth ratio by fifty-six
    12  hundredths (0.56), provided however, that for the purpose  of  computing
    13  the  state  sharing  ratio  for total foundation aid, the tier two value
    14  shall be computed by subtracting from  one  the  product  obtained  when
    15  multiplying the combined wealth ratio by six hundred sixteen thousandths
    16  (0.616)  and  such  values  shall  be computed using the combined wealth
    17  ratio for total foundation aid in place of the combined wealth ratio; or
    18    § 11. Subparagraph 4 of paragraph g of subdivision 3 of  section  3602
    19  of  the  education law, as amended by section 13 of part B of chapter 57
    20  of the laws of 2008, is amended to read as follows:
    21    (4) a value computed by  subtracting  from  fifty-one  hundredths  the
    22  product  obtained by multiplying the combined wealth ratio by twenty-two
    23  hundredths, and, for an apportionment for pupil transportation  pursuant
    24  to  subdivision  seven  of  this section, high need school districts, as
    25  determined pursuant to clause (c) of subparagraph two of paragraph c  of
    26  subdivision  six  of  this  section  for the school aid computer listing
    27  produced by the commissioner in support of the enacted  budget  for  the
    28  two   thousand  seven--two  thousand  eight  school  year  and  entitled
    29  "SA0708", such values shall be multiplied by one  hundred  ten  percent;
    30  provided,  however,  that for the purpose of computing the state sharing
    31  ratio for total foundation aid, the tier four value shall be computed by
    32  subtracting from fifty-one hundredths the product obtained by  multiply-
    33  ing  the  combined wealth ratio by one hundred seventy-three thousandths
    34  and such values shall be computed using the combined  wealth  ratio  for
    35  total  foundation  aid  in  place of the combined wealth ratio, and, for
    36  high need school districts, as determined  pursuant  to  clause  (c)  of
    37  subparagraph  two  of paragraph c of subdivision six of this section for
    38  the school aid computer listing produced by the commissioner in  support
    39  of  the  enacted  budget  for the two thousand seven--two thousand eight
    40  school year and entitled "SA0708", such values shall  be  multiplied  by
    41  one hundred five percent.
    42    §  12. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
    43  section 3602 of the education law, as amended by section 15 of part B of
    44  chapter 57 of the laws of 2008, is amended to read as follows:
    45    (b) For aid payable in the school years two thousand--two thousand one
    46  and thereafter for all school building projects approved by  the  voters
    47  of  the  school  district  or by the board of education of a city school
    48  district in a city with  more  than  one  hundred  twenty-five  thousand
    49  inhabitants,  and/or  the chancellor in a city school district in a city
    50  having a population of one million or more, on or after July first,  two
    51  thousand,  any school district shall compute aid under the provisions of
    52  this subdivision using the sum of the  high-need  supplemental  building
    53  aid  ratio, if any, computed pursuant to clause (c) of this subparagraph
    54  and the greater of (i) the building aid ratio computed for  use  in  the
    55  current  year;  or  (ii) a building aid ratio equal to the difference of
    56  the aid ratio that was used or that would have been used to  compute  an

        S. 9006--B                         24
 
     1  apportionment pursuant to this subdivision in the nineteen hundred nine-
     2  ty-nine--two  thousand  school year as such aid ratio is computed by the
     3  commissioner based on data on file with the department on or before July
     4  first of the third school year following the school year in which aid is
     5  first  payable,  less  one-tenth;  or (iii) for all such school building
     6  projects approved by the voters of the school district or by  the  board
     7  of  education  of  a  city  school district in a city with more than one
     8  hundred twenty-five thousand inhabitants, and/or  the  chancellor  in  a
     9  city  school  district  in  a city having a population of one million or
    10  more, on or after July first, two thousand and on or before June thirti-
    11  eth, two thousand four, for any school  district  for  which  the  pupil
    12  wealth  ratio  is greater than two and five-tenths in the school year in
    13  which such school building project was approved by  the  voters  of  the
    14  school  district  or by the board of education of a city school district
    15  in a city with more than one hundred twenty-five  thousand  inhabitants,
    16  and/or the chancellor in a city school district in a city having a popu-
    17  lation  of  one million or more and for which the alternate pupil wealth
    18  ratio is less than eighty-five hundredths in such school year,  and  for
    19  all  such  school building projects approved by the voters of the school
    20  district or by the board of education of a city  school  district  in  a
    21  city with more than one hundred twenty-five thousand inhabitants, and/or
    22  the  chancellor  in a city school district in a city having a population
    23  of one million or more, on or after July first, two thousand five and on
    24  or before June thirtieth, two thousand eight, for  any  school  district
    25  for which the pupil wealth ratio was greater than two and five-tenths in
    26  the  two thousand--two thousand one school year and for which the alter-
    27  nate pupil wealth ratio was less than eighty-five hundredths in the  two
    28  thousand--two thousand one school year  or for a city school district in
    29  a city with more than one hundred twenty-five thousand inhabitants as of
    30  the  two thousand twenty federal decennial census, the additional build-
    31  ing aid ratio; provided that, school districts who are eligible for  aid
    32  under  paragraph  f  of subdivision fourteen of this section may compute
    33  aid under the provisions of this subdivision using the difference of the
    34  highest of the aid ratios so computed for the  reorganized  district  or
    35  the  highest  of  the  aid  ratios so computed for any of the individual
    36  school districts which existed prior to  the  date  of  the  reorganized
    37  school district less one-tenth.
    38    §  13. Clause (c) of subparagraph 2 of paragraph c of subdivision 6 of
    39  section 3602 of the education law, as added by section 12-b of part L of
    40  chapter 57 of the laws of 2005, is amended to read as follows:
    41    (c) For aid payable in the school years two thousand  five--two  thou-
    42  sand six and thereafter for all school building projects approved by the
    43  voters  of  the  school  district or by the board of education of a city
    44  school district in a city with more than one hundred  twenty-five  thou-
    45  sand  inhabitants,  and/or  the  chancellor in city school district in a
    46  city having a population of one million or more, on or after July first,
    47  two thousand five, high need school districts, as  defined  pursuant  to
    48  regulations of the commissioner, may compute aid under the provisions of
    49  this  subdivision  using  the high-need supplemental building aid ratio,
    50  which shall be the lesser of (A) the product, computed to three decimals
    51  without rounding, of the greater of the  building  aid  ratios  computed
    52  pursuant  to subclauses i, ii and iii of clause (b) of this subparagraph
    53  multiplied by five percent through  the  two  thousand  twenty-five--two
    54  thousand  twenty-six  school year and ten percent for aid payable in the
    55  two thousand twenty-six--two thousand twenty-seven school year and ther-
    56  eafter, or (B) the positive  remainder  of  ninety-eight  one-hundredths

        S. 9006--B                         25
 
     1  less  the  greater  of  the  building  aid  ratios  computed pursuant to
     2  subclauses i, ii and iii of clause (b) of this subparagraph.
     3    §  14.  Subdivision 6-i of section 3602 of the education law, as added
     4  by section 6 of part A of chapter 56 of the laws of 2022, is amended and
     5  a new subdivision 6-j is added to read as follows:
     6    6-i. Building aid and the New York state energy research and  develop-
     7  ment  authority P-12 schools: clean green schools initiative. 1. For aid
     8  payable in the school years two thousand twenty-two--two thousand  twen-
     9  ty-three  and  thereafter,  notwithstanding  any provision of law to the
    10  contrary, the apportionment  to  any  district  under  subdivision  six,
    11  six-a,  six-b, six-c, six-e, six-f, [or] six-h, or six-j of this section
    12  for capital outlays for school building projects for  energy  efficiency
    13  shall not exclude grants authorized pursuant to the New York state ener-
    14  gy  research and development authority P-12 schools: clean green schools
    15  initiative from aidable expenditures, provided that the  sum  of  appor-
    16  tionments  for  these  projects  calculated pursuant to subdivision six,
    17  six-a, six-b, six-c, six-e, six-f, [or] six-h, or six-j of this  section
    18  and such grants shall not exceed the actual project expenditures.
    19    2.  The New York state energy research and development authority shall
    20  provide a list of  energy  efficiency  grants  awarded  to  each  school
    21  district to the commissioner no later than one month prior to the end of
    22  each  calendar  year  and  each school year. This list shall include the
    23  capital construction project or projects funded by the grants, the award
    24  amounts of each individual project grant, the  district  receiving  such
    25  grants,  the  schools receiving such grants, the date on which the grant
    26  was received, and any other information necessary for the calculation of
    27  aid pursuant to subdivision six, six-a, six-b, six-c, six-e, six-f, [or]
    28  six-h, or six-j of this section.
    29    6-j. Building aid for incremental zero-emission school bus infrastruc-
    30  ture costs. a. For the purposes of this subdivision, the following terms
    31  shall have the following meanings:
    32    (1) "Incremental zero-emission school bus storage  costs"  shall  mean
    33  the  sum  of  additional  costs  for the storage of zero-emission school
    34  buses as compared to traditional school buses.  Such  incremental  costs
    35  shall  reflect  new  or  increased  costs  from,  but not be limited to:
    36  modifications to bus facilities such as wider and  taller  doors  and/or
    37  garages,  modifications to bus facilities to address higher weights such
    38  as  higher  power  lifts,  equipment  and  software  for  advanced  fire
    39  suppression  systems,  installation  and  operation of charge management
    40  systems, and the cost of entire storage  facilities  or  preparation  of
    41  storage  locations  where  one would not have been necessary but for the
    42  storage of zero-emission school buses.
    43    (2) "Incremental customer-owned make-ready costs" shall mean  the  sum
    44  of  additional  costs  of any capital investment in equipment or infras-
    45  tructure beyond the utility service point necessary to make a site ready
    46  to accept an electric vehicle charger, including conductors,  trenching,
    47  and  panels,  where  such  costs would not have been present but for the
    48  preparation of the site to be able to charge zero-emission school buses.
    49    b. In addition to the apportionments  payable  to  a  school  district
    50  pursuant  to subdivision six of this section, the commissioner is hereby
    51  authorized to apportion to any school district additional  building  aid
    52  pursuant  to  this  subdivision for its approved expenditures, otherwise
    53  ineligible for building aid, beginning in the base year through the  two
    54  thousand  thirty-four--two  thousand  thirty-five school year for incre-
    55  mental zero-emission school bus storage costs and incremental  customer-
    56  owned make-ready costs that are constructed or improved pursuant to this

        S. 9006--B                         26
 
     1  subdivision,  provided  that such expenditures are not reimbursable from
     2  another state or federal source except as provided in subdivision  six-i
     3  of  this section, or from funding from one or more electric corporations
     4  as  such  term is defined in section two of the public service law. Such
     5  aid shall equal the product of the building aid ratio  defined  pursuant
     6  to  paragraph  c  of  subdivision  six  of  this  section and the actual
     7  approved expenditures incurred beginning in the base  year  through  the
     8  two  thousand thirty-four--two thousand thirty-five school year pursuant
     9  to this subdivision, to the extent that such expenditures are not  reim-
    10  bursable  from  another  state  or  federal source except as provided in
    11  subdivision six-i of this section, or from  funding  from  one  or  more
    12  electric  corporations  as  such  term  is defined in section two of the
    13  public service law.
    14    § 15. Subdivisions b and c of section 5 of chapter 537 of the laws  of
    15  1976  relating  to  paid,  free and reduced price breakfast for eligible
    16  pupils in certain school districts, subdivision b as amended by  section
    17  32-a  of  part A of chapter 56 of the laws of 2024, and subdivision c as
    18  amended by section 22-b of part A of chapter 56 of the laws of 2022, are
    19  amended to read as follows:
    20    b. Notwithstanding any monetary limitations  with  respect  to  school
    21  lunch  programs  contained  in  any  law or regulation, for school lunch
    22  meals served in the school year commencing July 1, 2022 and each July  1
    23  thereafter, a school food authority shall be eligible for a State subsi-
    24  dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per
    25  reduced-price  lunch  meal,  for  any  school  lunch meal served by such
    26  school food authority; provided that the school food authority certifies
    27  to the Department of Agriculture and  Markets  through  the  application
    28  submitted  pursuant  to  subdivision  c  of  this section that such food
    29  authority has purchased at least thirty percent of  its  total  cost  of
    30  food  products  for its school lunch service program from New York state
    31  farmers, growers, producers or processors in the preceding school  year.
    32  Commencing  July  1,  2026,  and  each  July 1 thereafter, a school food
    33  authority shall be allowed to attribute moneys  spent  on  purchases  of
    34  food products from New York state farmers, growers, producers or proces-
    35  sors  made  for  its  school  breakfast  or snack programs to the thirty
    36  percent of costs for school breakfast and lunch service programs.
    37    c. The Department of Agriculture and Markets in cooperation  with  the
    38  State Education Department, shall develop an application for school food
    39  authorities to seek an additional State subsidy pursuant to this section
    40  in  a  timeline and format prescribed by the commissioner of agriculture
    41  and markets. Such application shall include,  but  not  be  limited  to,
    42  documentation  demonstrating  the  school  food  authority's  total food
    43  purchases for its school breakfast, snack, and  lunch  service  program,
    44  and documentation demonstrating its total food purchases and percentages
    45  for  such  program, permitted to be counted under this section, from New
    46  York State farmers, growers, producers or processors  in  the  preceding
    47  school  year. The application shall also include an attestation from the
    48  school food authority's chief operating officer  that  it  purchased  at
    49  least thirty percent of its total cost of food products, permitted to be
    50  counted  under  this section, for its school breakfast, snack, and lunch
    51  service program from New  York  State  farmers,  growers,  producers  or
    52  processors  in  the  preceding school year in order to meet the require-
    53  ments for this additional State subsidy. School food  authorities  shall
    54  be  required  to annually apply for this subsidy. After reviewing school
    55  food authorities' completed applications for an additional State subsidy
    56  pursuant to this section, the  Department  of  Agriculture  and  Markets

        S. 9006--B                         27
 
     1  shall certify to the State Education Department the school food authori-
     2  ties  approved for such additional State subsidy and the State Education
     3  Department shall pay such additional State subsidy to such  school  food
     4  authorities.
     5    §  16.  Subdivision  c of section 3 of chapter 507 of the laws of 1974
     6  relating to providing for the apportionment of state monies  to  certain
     7  nonpublic  schools,  to  reimburse  them for their expenses in complying
     8  with certain state requirements for the administration of state  testing
     9  and  evaluation programs and for participation in state programs for the
    10  reporting of basic educational data, as amended by section 38 of part  A
    11  of chapter 56 of the laws of 2021, is amended to read as follows:
    12    c. The commissioner shall annually apportion to each qualifying school
    13  [in  the  cities  of  New York, Buffalo and Rochester], for school years
    14  beginning on or after July first two thousand sixteen, an  amount  equal
    15  to  the  actual  cost  incurred by each such school during the preceding
    16  school year in meeting the recording and reporting requirements  of  the
    17  state  school  immunization program, provided that the state's liability
    18  shall be limited to the amount appropriated for this purpose.
    19    § 17. Subdivision 1 of section 3635-b of the education law, as amended
    20  by chapter 536 of the laws of 2002, is amended to read as follows:
    21    1. This section shall apply where the board of education  or  trustees
    22  of  a  common, central, central high school, union free school district,
    23  or city school district [of a city with less than  one  hundred  twenty-
    24  five thousand inhabitants] adopts a resolution to make transportation in
    25  child  safety zones available to resident pupils for a particular school
    26  year. Such resolution shall continue in  effect  for  subsequent  school
    27  years until the board adopts a resolution providing otherwise.
    28    § 18. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602
    29  of  the education law, as added by section 19 of part H of chapter 83 of
    30  the laws of 2002, is amended to read as follows:
    31    (1) has a total project cost  of  [one]  two  hundred  fifty  thousand
    32  dollars  or less[; provided however, that for any district, no more than
    33  one project shall be eligible  pursuant  to  this  subparagraph  for  an
    34  apportionment within the same school year]; and/or
    35    § 19. Subdivision 4 of section 4405 of the education law is amended by
    36  adding a new paragraph l to read as follows:
    37    l. Tuition rates approved on an interim basis in advance of the estab-
    38  lishment  of  reimbursement  rates  pursuant  to the tuition methodology
    39  established pursuant to this subdivision for the  two  thousand  twenty-
    40  six--two  thousand twenty-seven school year and annually thereafter, for
    41  special services  and  programs  provided  to  school  age  students  by
    42  approved  private  residential or non-residential schools for the educa-
    43  tion of students with disabilities that are located within the state, by
    44  special act school districts, by July and August programs  for  students
    45  with  disabilities approved pursuant to section forty-four hundred eight
    46  of this article, and  for  special  services  or  programs  provided  to
    47  preschool  students  with  disabilities by programs approved pursuant to
    48  section forty-four hundred ten of this article including, but not limit-
    49  ed to,  special  class  and  special  class  in  an  integrated  setting
    50  programs,  shall be equal to the last certified prospective or reconcil-
    51  iation rate and shall include compounded growth determined in accordance
    52  with the following:
    53    (i) If the last  certified  prospective  or  reconciliation  rate  was
    54  approved for the school year prior to the current school year, such rate
    55  shall  increase by the annual growth percentage approved for the current
    56  year.

        S. 9006--B                         28
 
     1    (ii) If the last certified  prospective  or  reconciliation  rate  was
     2  approved for the school year two years prior to the current school year,
     3  such  rate  shall  increase by the annual growth percentage approved for
     4  the year prior to the current school year, and the product of such shall
     5  then  increase  by the annual growth percentage approved for the current
     6  school year.
     7    (iii) If the last certified prospective  or  reconciliation  rate  was
     8  approved  for  the  school year three or more years prior to the current
     9  school year, such rate shall increase by the  annual  growth  percentage
    10  approved  for  the year two years prior to the current year; the product
    11  of such shall then increase by the annual growth percentage approved for
    12  the year prior to the current year, and the product of such  shall  then
    13  increase by the annual growth percentage approved for the current year.
    14    §  20.  Section  4003  of the education law is amended by adding a new
    15  subdivision 8 to read as follows:
    16    8. Tuition rates approved on an interim basis in advance of the estab-
    17  lishment of reimbursement rates  pursuant  to  the  tuition  methodology
    18  established  pursuant  to this section for the two thousand twenty-six--
    19  two thousand twenty-seven  school  year  and  annually  thereafter,  for
    20  special  services  and  programs  provided  to  school age students by a
    21  special act school district or an approved private school operated by  a
    22  child  care institution shall be equal to the last certified prospective
    23  or reconciliation rate and shall include compounded growth determined in
    24  accordance with the following:
    25    a. If the  last  certified  prospective  or  reconciliation  rate  was
    26  approved for the school year prior to the current school year, such rate
    27  shall  increase by the annual growth percentage approved for the current
    28  year.
    29    b. If the  last  certified  prospective  or  reconciliation  rate  was
    30  approved for the school year two years prior to the current school year,
    31  such  rate  shall  increase by the annual growth percentage approved for
    32  the year prior to the current school year, and the product of such shall
    33  then increase by the annual growth percentage approved for  the  current
    34  school year.
    35    c.  If  the  last  certified  prospective  or  reconciliation rate was
    36  approved for the school year three or more years prior  to  the  current
    37  school  year,  such  rate shall increase by the annual growth percentage
    38  approved for the year two years prior to the current year;  the  product
    39  of such shall then increase by the annual growth percentage approved for
    40  the  year  prior to the current year, and the product of such shall then
    41  increase by the annual growth percentage approved for the current year.
    42    § 21. Paragraph c of subdivision 4 of section 4405  of  the  education
    43  law, as amended by chapter 82 of the laws of 1995, is amended to read as
    44  follows:
    45    c.  The  director of the budget, in consultation with the commissioner
    46  [of education], the commissioner of social services, and any other state
    47  agency or other source the director may deem appropriate, shall  approve
    48  reimbursement methodologies for tuition and for maintenance. Any modifi-
    49  cation  in  the approved reimbursement methodologies shall be subject to
    50  the approval of the director of the budget. [Notwithstanding  any  other
    51  provision  of  law,  rule  or  regulation to the contrary, tuition rates
    52  established for the nineteen hundred ninety-five--ninety-six school year
    53  shall exclude the two percent cost of living  adjustment  authorized  in
    54  rates  established  for  the  nineteen  hundred ninety-four--ninety-five
    55  school year] Tuition, regional, and/or fee for  service  rates  approved
    56  for  the  two thousand twenty-six--two thousand twenty-seven school year

        S. 9006--B                         29
 
     1  and thereafter for special services or programs provided  to  school-age
     2  students  by approved private residential or non-residential schools for
     3  the education of students with disabilities that are located within  the
     4  state,  by special act school districts, and by July and August programs
     5  for students with disabilities entitled to attend public schools without
     6  the payment of tuition pursuant to section  thirty-two  hundred  two  of
     7  this chapter, and for special services or programs provided to preschool
     8  students  by  programs  serving  preschool  students  with  disabilities
     9  approved pursuant to section forty-four  hundred  ten  of  this  article
    10  including,  but  not  limited  to, special class and special class in an
    11  integrated setting  programs,  multi-disciplinary  evaluation  programs,
    12  special  education  itinerant  services,  and  preschool  transportation
    13  services for which tuition and/or regional rates are  determined,  shall
    14  grow  by  a  percentage  equal  to  at least the consumer price index as
    15  defined in paragraph hh of subdivision one of section thirty-six hundred
    16  two of this chapter.
    17    § 22. Section 4204-b of the education law is amended by adding  a  new
    18  subdivision 5 to read as follows:
    19    5.  For  the two thousand twenty-six--two thousand twenty-seven school
    20  year and thereafter, an institution subject to  this  article  shall  be
    21  authorized to retain funds in excess of their allowable and reimbursable
    22  costs  incurred  for  services  and  programs to students appointed. The
    23  amount of funds that may be  annually  retained  shall  not  exceed  one
    24  percent  of the institution's total allowable and reimbursable costs for
    25  services and programs provided to students  for  the  school  year  from
    26  which  the funds are to be retained, provided that the total accumulated
    27  balance that may be retained shall not exceed four percent of such total
    28  costs for such school year and provided, further, that such funds  shall
    29  not  be  recoverable  on  reconciliation,  such  funds  shall be carried
    30  forward as total reimbursable costs for purposes of  calculating  subse-
    31  quent  year  prospective and reconciliation tuition rates and such funds
    32  shall be separate from and in addition to  any  other  authorization  to
    33  retain  surplus  funds  on  reconciliation. Funds shall be expended only
    34  pursuant to an authorization of the governing board of  the  institution
    35  for  a  purpose  expressly authorized as part of allowable costs for the
    36  year in which the funds are to be expended, provided that funds  may  be
    37  expended  to  pay  prior  year  outstanding  debts. Any institution that
    38  retains funds pursuant to this subdivision shall be required to annually
    39  report a statement of the total balance  of  such  retained  funds,  the
    40  amount,  if  any, retained in the prior school year, the amount, if any,
    41  dispersed in the prior school year, and the financial reports  that  are
    42  required to be annually submitted to the department.
    43    §  23.  The opening paragraph of subdivision 41 of section 3602 of the
    44  education law, as amended by section 10-d of part A of chapter 56 of the
    45  laws of 2025, is amended to read as follows:
    46    In addition to any other apportionment under this section, for the two
    47  thousand seven--two thousand eight school year [and thereafter]  through
    48  the  two  thousand  twenty-five--two  thousand twenty-six school year, a
    49  school district other than a city school district in  a  city  having  a
    50  population  of one million or more, and for the two thousand twenty six-
    51  -two thousand twenty-seven school year and thereafter, a school district
    52  eligible for aid under this section shall be eligible for an  apportion-
    53  ment  in  an  amount  equal to the greater of the sum of paragraphs (a),
    54  (b), and (c), or paragraph (e) of this subdivision.
    55    § 24. Sections 3, 4, 5, 6, 7, 8 and 9 of chapter 18  of  the  laws  of
    56  2020  authorizing  the commissioner of education to appoint a monitor to

        S. 9006--B                         30
 
     1  oversee the Wyandanch union free school district  and  establishing  the
     2  powers and duties of such monitor, are amended to read as follows:
     3    § 3. Appointment of [a] monitor team.  [The commissioner shall appoint
     4  one  monitor to provide] In accordance with the powers and duties of the
     5  board of regents and the  commissioner  pursuant  to  subdivision  2  of
     6  section  305 of the education law, section 308 of the education law, and
     7  section 215 of the education law, up to two monitors shall be  appointed
     8  by  and  serve  at  the  pleasure  of  the commissioner to carry out the
     9  provisions of this act including but not limited to providing oversight,
    10  guidance and technical assistance related to the educational, governance
    11  and fiscal policies, practices, programs and  decisions  of  the  school
    12  district, the board of education and the superintendent.
    13    1.  The  monitor  or  monitors,  to the extent practicable, shall have
    14  experience in [school district finances and] one or more of the  follow-
    15  ing areas:
    16    (a) school district finances;
    17    (b) elementary and secondary education;
    18    [(b)] (c) the operation of school districts in New York;
    19    [(c)] (d) educating students with disabilities; and
    20    [(d)] (e) educating English language learners.
    21    2.  The [monitor] monitors shall be [a] non-voting ex-officio [member]
    22  members of the board of education. The [monitor] monitors shall  be  [an
    23  individual]  individuals  who  [is] are not [a resident, employee] resi-
    24  dents, employees of the school district or  [relative]  relatives  of  a
    25  board  member  of  the school district at the time of [his or her] their
    26  appointment.
    27    3. The reasonable and necessary expenses incurred by  the  monitor  or
    28  monitors  while  performing  [his or her] their official duties shall be
    29  paid by the school district. Notwithstanding any other provision of law,
    30  the monitor or monitors shall be entitled to defense and indemnification
    31  by the school district to the same extent as a school district employee.
    32    § 4. Meetings. 1. The monitor or monitors shall be entitled to  attend
    33  all meetings of the board, including executive sessions; provided howev-
    34  er,  such  monitor  or  monitors shall not be considered for purposes of
    35  establishing a quorum of the board.  The  school  district  shall  fully
    36  cooperate  with [the] any monitor or monitors including, but not limited
    37  to, providing such monitor or monitors  with  access  to  any  necessary
    38  documents  and  records  of  the district including access to electronic
    39  information systems, databases and planning documents,  consistent  with
    40  all applicable state and federal statutes including, but not limited to,
    41  Family  Education  Rights and Privacy Act (FERPA) (20 U.S.C. §1232g) and
    42  section 2-d of the education law.
    43    2. The board, in consultation with  the  monitor  or  monitors,  shall
    44  adopt  a  conflict  of  interest  policy that complies with all existing
    45  applicable laws, rules and regulations that ensures  its  board  members
    46  and administration act in the school district's best interest and comply
    47  with  applicable  legal  requirements.  The  conflict of interest policy
    48  shall include, but not be limited to:
    49    (a) a definition of the circumstances that constitute  a  conflict  of
    50  interest;
    51    (b) procedures for disclosing a conflict of interest to the board;
    52    (c) a requirement that the person with the conflict of interest not be
    53  present  at or participate in board deliberations or votes on the matter
    54  giving rise to such conflict, provided that nothing in this  subdivision
    55  shall  prohibit  the  board  from  requesting  that  the person with the
    56  conflict of interest present information as background or  answer  ques-

        S. 9006--B                         31
 
     1  tions  at  a board meeting prior to the commencement of deliberations or
     2  voting relating thereto;
     3    (d)  a prohibition against any attempt by the person with the conflict
     4  to influence improperly the deliberation or voting on the matter  giving
     5  rise to such conflict; and
     6    (e) a requirement that the existence and resolution of the conflict be
     7  documented in the board's records, including in the minutes of any meet-
     8  ing at which the conflict was discussed or voted upon.
     9    §  5. Public hearings. 1. The monitor or monitors shall schedule [two]
    10  three public hearings to be held within sixty days of [his or her] their
    11  appointment, which shall allow public comment from the district's  resi-
    12  dents, students, employees, parents, board members and administration.
    13    (a)  The first hearing shall take public comment on existing statutory
    14  and regulatory authority of the commissioner,  the  department  and  the
    15  board  of  regents regarding school district governance and intervention
    16  under applicable state law and regulations, including  but  not  limited
    17  to, section 306 of the education law.
    18    (b)  The  second  hearing  shall  take  public  comment  on the fiscal
    19  performance of the district.
    20    (c) The third hearing  shall  take  public  comment  on  the  academic
    21  performance of the district.
    22    2.  The  board of education and the monitor or monitors shall consider
    23  these public comments when developing the [financial] long-term  strate-
    24  gic academic and fiscal improvement plan under this act.
    25    §  6.  [Financial] Long-term strategic academic and fiscal improvement
    26  plan. 1. No later than [November]  July  first,  two  thousand  [twenty]
    27  twenty-six,  the  board of education [and] working in collaboration with
    28  the monitor or monitors shall develop a [proposed  financial]  long-term
    29  strategic  academic  and  fiscal  improvement  plan for the two thousand
    30  [twenty--two thousand twenty-one] twenty-six--twenty-seven and the  next
    31  four  succeeding  school  [year  and  the four subsequent school] years.
    32  [The financial] Such plan,  including  such  annual  revisions  thereto,
    33  shall  [ensure that annual aggregate operating expenses shall not exceed
    34  annual aggregate operating revenues for such school year  and  that  the
    35  major  operating  funds  of  the district be balanced in accordance with
    36  generally accepted  accounting  principles.  The  financial  plan  shall
    37  include  statements  of  all  estimated revenues, expenditures, and cash
    38  flow projections of the district] be submitted to the  commissioner  for
    39  approval  and  shall  include a set of goals with appropriate benchmarks
    40  and measurable objectives and identify strategies to address areas where
    41  improvements are needed in the district, including but  not  limited  to
    42  its  financial  stability  and  governance,  academic  opportunities and
    43  outcomes, education of students with disabilities, education of  English
    44  language  learners,  the  educational,  social  and emotional welfare of
    45  public school students and shall ensure compliance with  all  applicable
    46  state and federal laws and regulations.
    47    2.  If  the board of education and the [monitor] monitors agree on all
    48  the elements of the proposed [financial]  long-term  strategic  academic
    49  and  fiscal  improvement  plan,  the  board of education shall conduct a
    50  public hearing on the plan and consider the input of the community.  The
    51  proposed [financial] long-term strategic academic and fiscal improvement
    52  plan shall be made public on the district's website at least three busi-
    53  ness  days  before  such  public  hearing. Once the proposed [financial]
    54  long-term strategic  academic  and  fiscal  improvement  plan  has  been
    55  approved  by the board of education, such plan shall be submitted by the

        S. 9006--B                         32
 
     1  [monitor] monitors to the commissioner for approval and shall be  deemed
     2  approved for the purposes of this act.
     3    3.  If  the board of education and the [monitor] monitors do not agree
     4  on all the elements of  the  proposed  [financial]  long-term  strategic
     5  academic  and  fiscal  improvement  plan,  the  board of education shall
     6  conduct a public hearing on the proposed plan that details the  elements
     7  of  disagreement between the [monitor] monitors and the board, including
     8  documented justification for such disagreements and any requested amend-
     9  ments from the [monitor] monitors.  The proposed  [financial]  long-term
    10  strategic  academic  and  fiscal improvement plan, elements of disagree-
    11  ment, and requested amendments shall be made public  on  the  district's
    12  website  at  least three business days before such public hearing. After
    13  considering the input of the community, the board may alter the proposed
    14  [financial] long-term strategic academic and fiscal improvement plan and
    15  the [monitor] monitors may alter [his or  her]  their  requested  amend-
    16  ments,  and the [monitor] monitors shall submit the proposed [financial]
    17  long-term strategic academic and fiscal improvement plan, [his  or  her]
    18  their  amendments to the plan, and documentation providing justification
    19  for such disagreements and amendments to the commissioner no later  than
    20  December first, two thousand [twenty] twenty-six.  By January fifteenth,
    21  two  thousand  [twenty-one] twenty-seven, the commissioner shall approve
    22  the proposed plan with any of the [monitor's] monitors' proposed  amend-
    23  ments,  or make other modifications, [he or she] such commissioner deems
    24  appropriate. The board of education shall provide the commissioner  with
    25  any  information  [he or she] such commissioner requests to approve such
    26  plan within three business days of such request. Upon  the  approval  of
    27  the  commissioner,  the  [financial]  long-term  strategic  academic and
    28  fiscal improvement plan shall be deemed approved for  purposes  of  this
    29  act.
    30    § 7. Fiscal and operational oversight. 1. The board of education shall
    31  annually  submit  the  school  district's  proposed  budget for the next
    32  succeeding school year to the monitor or monitors no  later  than  March
    33  first  prior to the school district's annual budget vote. The monitor or
    34  monitors shall review the proposed budget to  ensure  that  it,  to  the
    35  greatest extent possible, is [balanced within the context of revenue and
    36  expenditure  estimates  and  mandated  programs.  The monitor shall also
    37  review the proposed budget to ensure that it,  to  the  greatest  extent
    38  possible,  is  consistent with the district financial plan developed and
    39  approved pursuant to this act] consistent with the  long-term  strategic
    40  academic  and  fiscal improvement plan developed and adopted pursuant to
    41  this act. The monitor or monitors shall also review the proposed  budget
    42  to ensure that it is balanced within the context of revenue and expendi-
    43  ture  estimates  and  mandated  programs.  The monitor or monitors shall
    44  present [his or her] their findings to the board of  education  and  the
    45  commissioner  no later than forty-five days prior to  the date scheduled
    46  for the school district's annual budget  vote.  The  commissioner  shall
    47  require the board of education to make amendments to the proposed budget
    48  consistent  with  any recommendations made by the monitor or monitors if
    49  the commissioner determines such amendments are necessary to comply with
    50  the [financial] long-term strategic academic and fiscal improvement plan
    51  under this  act.  The  school  district  shall  make  available  on  the
    52  district's website: the initial proposed budget, the [monitor's] monitor
    53  or monitors' findings, and the final proposed budget at least seven days
    54  prior  to the date of the school district's budget hearing. In the event
    55  of a revote, the board of education, in conjunction with the monitor  or
    56  monitors, shall develop and submit the school district's proposed budget

        S. 9006--B                         33
 
     1  for  the  next  succeeding school year to the commissioner no later than
     2  seven days prior to the budget hearing. The  board  of  education  shall
     3  provide  the  commissioner with any information [he or she] such commis-
     4  sioner requests in order to make a determination pursuant to this subdi-
     5  vision within three business days of such request.
     6    2.  The  district  shall  provide  quarterly reports to the monitor or
     7  monitors and annual reports to the commissioner and board of regents  on
     8  the  academic,  fiscal and operational status of the school district. In
     9  addition, the monitor or monitors shall provide semi-annual  reports  to
    10  the  commissioner,  board of regents, the governor, the temporary presi-
    11  dent of the senate, and the speaker of the  assembly  on  the  academic,
    12  fiscal  and  operational status of the school district. Such semi-annual
    13  report shall include all the contracts that the  district  entered  into
    14  throughout the year.
    15    3.  The  monitor  or  monitors  shall have the authority to disapprove
    16  travel outside the state paid for by the district.
    17    4. The monitor or monitors shall work with the district's shared deci-
    18  sion-making committee as defined in 8 NYCRR Part  100.11  in  developing
    19  and  revising  the  [financial]  long-term strategic academic and fiscal
    20  improvement plan, district goals, implementation of district  priorities
    21  and budgetary recommendations.
    22    5.  The monitor or monitors shall assist in resolving any disputes and
    23  conflicts, including but not limited to, those between  the  superinten-
    24  dent  and  the  board of education and among the members of the board of
    25  education.
    26    6. The monitor or monitors may recommend, and the board shall consider
    27  by vote of a resolution at the next scheduled meeting of the board, cost
    28  saving measures including, but not limited  to,  shared  service  agree-
    29  ments.
    30    §  8.  The  commissioner  may  overrule any decision of the monitor or
    31  monitors, except for decisions related to collective  bargaining  agree-
    32  ments negotiated in accordance with article 14 of the civil service law,
    33  if  [he  or she] such commissioner deems that it is not aligned with the
    34  [financial] long-term strategic academic and fiscal improvement plan  or
    35  the school district's budget.
    36    § 9. The monitor or monitors may notify the board and the commissioner
    37  in writing when [he or she deems] they deem the district is violating an
    38  element  of  the  [financial]  long-term  strategic  academic and fiscal
    39  improvement plan in this act. Within twenty days, the commissioner shall
    40  determine whether the district is in violation of any of the elements of
    41  the plan highlighted by the monitor or  monitors  and  shall  order  the
    42  district  to  comply  immediately  with  the  plan  and  remedy any such
    43  violation. The school district shall suspend all actions related to  the
    44  potential  violation of the [financial] long-term strategic academic and
    45  fiscal improvement plan until the commissioner issues a determination.
    46    § 25. The education law is amended by adding a new section  3641-c  to
    47  read as follows:
    48    §  3641-c. High impact tutoring grant program. 1. The department shall
    49  establish and administer a high impact tutoring pilot program to provide
    50  grants to school districts or charter schools to implement  high  impact
    51  tutoring   programs   prioritizing   low-income   students,  underserved
    52  students, or students in rural areas.
    53    2. (a) A school district or charter school shall submit an application
    54  for a grant to the department in a form determined  by  the  department.
    55  The school district or charter school shall demonstrate need for support
    56  through  the  grant  program, as determined by the department, which may

        S. 9006--B                         34
 
     1  include serving a high percentage of low-income or underserved students,
     2  students in rural areas, or serving students who need  academic  assist-
     3  ance  in  reaching levels of proficiency and have a low level of attain-
     4  ment scores in the past year.
     5    (b)  At  a minimum, an application shall include the school district's
     6  or charter school's high impact tutoring program plan that includes  the
     7  following information:
     8    (i)  how  the school district's or charter school's plan addresses the
     9  following elements of a high impact tutoring program and how it modifies
    10  or omits such elements and the reasons for such modifications  or  omis-
    11  sions:
    12    (1) tutoring is provided in groups of four or fewer students;
    13    (2) the same tutor instructs the participating students throughout the
    14  school year;
    15    (3) tutoring is provided a minimum of three times per week;
    16    (4) tutoring is implemented during the school day, not as a before- or
    17  after-school  program,  and is supplemental to core academic instruction
    18  and not a replacement for such instruction;
    19    (5) high quality  trained  tutors  provide  such  tutoring,  including
    20  teachers, paraprofessionals, community providers, and any other individ-
    21  uals who have received training;
    22    (6)  the  program  uses a high-quality curriculum that is aligned with
    23  academic standards and may be provided by the school district or charter
    24  school; and
    25    (7) tutoring is  data-driven,  with  interim  assessments  to  monitor
    26  student progress;
    27    (ii) how students will be identified for participation in the program;
    28    (iii)  the number of students projected to be served and whether those
    29  students are low-income or underserved students;
    30    (iv) the projected cost of implementing the program;
    31    (v) how student academic progress and other program outcomes  will  be
    32  measured;
    33    (vi) whether the school district or charter school will create its own
    34  program and whether it will partner with existing tutoring providers for
    35  implementation or for tutor capacity and training;
    36    (vii) which academic subjects will be the focus of the program;
    37    (viii) how the school district or charter school will be supported;
    38    (ix) how tutoring will be delivered and how the delivery will accommo-
    39  date remote learning;
    40    (x) whether tutors will follow a specific curriculum;
    41    (xi) how tutoring will be incorporated into the school day;
    42    (xii)  the  needs of a school district or charter school for financial
    43  or technical support to implement a high impact tutoring program; and
    44    (xiii) any other criteria determined by the department.
    45    (c) School districts  or  charter  schools  implementing  high  impact
    46  tutoring  programs  shall  consider  seat  time  and  scheduling so that
    47  students have consistent access to non-core academic instruction.
    48    (d) The department shall review the applications received pursuant  to
    49  this  subdivision and shall award grants after considering the alignment
    50  of the school district's or charter school's plan with the elements of a
    51  high impact tutoring program as described in this subdivision.
    52    4. Within the amounts  appropriated  therefor,  the  department  shall
    53  determine  the  amount  and  durations of grant awards. The goal of such
    54  grant awards shall be to serve as many students as possible through high
    55  impact tutoring programs, including low-income and underserved  students
    56  and  students in rural areas, while ensuring that grant money is awarded

        S. 9006--B                         35
 
     1  to high impact tutoring programs that are  likely  to  achieve  positive
     2  student outcomes.
     3    5.  (a) The department shall determine allowable uses for grant money,
     4  which uses may include, but need not be limited to, hiring or  contract-
     5  ing  for tutors or providing stipends or other incentives to paraprofes-
     6  sionals, retired teachers, and community organizations to ensure  tutor-
     7  ing capacity; developing curriculum and related supplies; covering costs
     8  associated  with  renting or purchasing physical space for tutoring; and
     9  covering administrative expenses. A school district  or  charter  school
    10  may  make  a  request  to the department to use grant money for purposes
    11  other than those specified by the department if the proposed use of  the
    12  grant  money  increases  the  effectiveness  of the high impact tutoring
    13  program.
    14    (b) School districts or charter schools may  offer  tutors  and  other
    15  professionals  offering  tutoring  services  information about potential
    16  pathways into the teaching profession for the  school  district  or  the
    17  charter school.
    18    (c)  Tutors  and  other professionals offering tutoring services shall
    19  comply with all state and federal laws relating to health,  safety,  and
    20  antidiscrimination,  including,  but not limited to Titles VI and VII of
    21  the Civil Rights Act of 1964 Pub.L. 88-352, as  amended;  the  Americans
    22  with  Disabilities Act of 1990, 42 U.S.C. Sec. 1201 et seq., as amended;
    23  section 504 of the Rehabilitation Act of 1973, 29 U.S.C.  Sec.  794,  as
    24  amended,  and  Title  IX  of  the Education Amendment of 1972, 20 U.S.C.
    25  Secs.  1681 to 1688, as amended.
    26    6. (a) On or before the reporting deadlines established by the depart-
    27  ment, in each year in which a school district or charter school receives
    28  a grant pursuant to this section, the school district or charter  school
    29  shall  submit  a  report to the department that includes the information
    30  required by the department.  At a minimum, the report shall include  the
    31  following information:
    32    (i)  the number of students who participated in the high impact tutor-
    33  ing program including demographic information, provided that such infor-
    34  mation does not risk identifying individual students;
    35    (ii) any adjustments made to the school district's or charter school's
    36  program plan and the reason adjustments were made;
    37    (iii) how the school district or charter school maintained  consistent
    38  access for participating students to non-core academic instruction;
    39    (iv)  how  program  grants were used by the school district or charter
    40  school and a summary of other resources used, if any,  to  provide  high
    41  impact tutoring beyond the resources provided through the program;
    42    (v)  the  academic achievement results or other criteria used to place
    43  students in the high impact tutoring program;
    44    (vi) the  impact  or  student  outcomes  associated  with  the  school
    45  district's or charter school's high impact tutoring program; and
    46    (vii)  whether  the  school district's or charter school's high impact
    47  tutoring program will continue in the following fiscal year and if  not,
    48  the reason the tutoring program will not continue.
    49    (b)  On  or before July first of each year that a high impact tutoring
    50  program is implemented pursuant to this section,  the  department  shall
    51  submit  a  report to the legislature including, at a minimum, the number
    52  of  grants  awarded,  the  participating  school  districts  or  charter
    53  schools,  the  duration of the program, and a summary of the information
    54  provided pursuant to paragraph (a) of this  subdivision  concerning  the
    55  high  impact  tutoring  programs  implemented by the school districts or
    56  charter schools and of available student outcomes.

        S. 9006--B                         36
 
     1    § 26. Subdivision 10 of section 3612 of the education law, as added by
     2  chapter 62 of the laws of 2000 and as renumbered by section 36 of part B
     3  of chapter 57 of the laws of 2007, is amended to read as follows:
     4    10.   Underrepresented  teachers  of  tomorrow  tuition  reimbursement
     5  program. Of the amount appropriated for purposes  of  this  section  for
     6  grants to school districts for the two thousand twenty-six--two thousand
     7  twenty-seven  school  year and thereafter, five million dollars shall be
     8  made available for the underrepresented  teachers  of  tomorrow  tuition
     9  reimbursement program developed by the commissioner to attract qualified
    10  teachers  who  participated in a school district or post-secondary part-
    11  nership "grow your own" initiative, my brother's keeper, teacher  oppor-
    12  tunity  corps  program,  higher education opportunity program, education
    13  opportunity program, or other similar program, and have received or will
    14  receive a permanent or professional state teaching certificate appropri-
    15  ate to the teaching position in a low performing school.
    16    11. Reporting. By November first  following  the  completion  of  each
    17  school  year,  the  commissioner  shall  report  to the governor and the
    18  legislature regarding the teachers of tomorrow teacher  recruitment  and
    19  retention  program,  the  science,  mathematics  and bilingual education
    20  tuition reimbursement program,  and  the  underrepresented  teachers  of
    21  tomorrow  tuition  reimbursement  program.  Such  report  shall list the
    22  amount of each school district's total grant pursuant to  this  section,
    23  the  uses  of the grant by each eligible category of expense, the number
    24  of awards granted by type pursuant to this section and,  if  applicable,
    25  the  number of persons receiving more than one award of a single type or
    26  more than one type of award and the number  of  such  awards  for  these
    27  individuals,  as well as an analysis of the effectiveness of the program
    28  in recruiting and retaining teachers in the public schools of the  state
    29  designated as teacher shortage areas.
    30    §  27.  Subdivision  a of section 5 of chapter 121 of the laws of 1996
    31  authorizing the Roosevelt union free school district to finance deficits
    32  by the issuance of serial bonds, as amended by section 24-a of part A of
    33  chapter 56 of the laws of 2025, is amended to read as follows:
    34    a. Notwithstanding any other provisions of law,  upon  application  to
    35  the  commissioner of education submitted not sooner than April first and
    36  not later than June thirtieth of the applicable school year, the  Roose-
    37  velt  union  free school district shall be eligible to receive an appor-
    38  tionment pursuant to this chapter for salary expenses, including related
    39  benefits, incurred between April first and June thirtieth of such school
    40  year.  Such apportionment shall not exceed: for the 1996-97 school  year
    41  [through  the  2025-26 school year] and thereafter, four million dollars
    42  ($4,000,000)[; for  the  2026-27  school  year,  three  million  dollars
    43  ($3,000,000);   for   the  2027-28  school  year,  two  million  dollars
    44  ($2,000,000);  for  the  2028-29  school  year,  one   million   dollars
    45  ($1,000,000);  and  for  the  2029-30 school year, zero dollars].   Such
    46  annual application shall be  made  after  the  board  of  education  has
    47  adopted  a  resolution to do so with the approval of the commissioner of
    48  education.
    49    § 28. Subdivision 6-a of section 3641 of the education law,  as  added
    50  by section 16 of part A of chapter 57 of the laws of 2013, is amended to
    51  read as follows:
    52    6-a. Community school [grants] act. a. [Within the amount appropriated
    53  for  such  purpose,  subject to a plan developed by the state council on
    54  children and families in coordination with the commissioner and approved
    55  by the director of the budget, the commissioner shall award  competitive
    56  grants pursuant to this subdivision to eligible school districts or in a

        S. 9006--B                         37

     1  city  with  a  population  of  one million or more an eligible entity to
     2  implement, beginning in the two thousand thirteen--two thousand fourteen
     3  school year, a plan that targets school buildings as community  hubs  to
     4  deliver  co-located  or  school-linked  academic, health, mental health,
     5  nutrition, counseling, legal and/or other services to students and their
     6  families in a manner that will lead to improved  educational  and  other
     7  outcomes.  In  a city with a population of one million or more, eligible
     8  entities shall mean the city school district of the city of New York, or
     9  not-for-profit organizations, which shall include not-for-profit  commu-
    10  nity  based  organizations.  An eligible entity that is a not-for-profit
    11  may apply for a community school grant  provided  that  it  collaborates
    12  with  the  city school district of the city of New York and receives the
    13  approval of the chancellor of the city school district of  the  city  of
    14  New York.
    15    (1) Such plan shall include, but not be limited to:
    16    (i) The process by which a request for proposals will be developed;
    17    (ii)  The  scoring  rubric  by which such proposals will be evaluated,
    18  provided that such grants shall be awarded based on  factors  including,
    19  but  not  limited  to: measures of school district need; measures of the
    20  need of students to be served by  each  of  the  school  districts;  the
    21  school  district's  proposal  to  target  the  highest  need schools and
    22  students; the sustainability of the proposed community schools  program;
    23  and proposal quality;
    24    (iii) The form and manner by which applications will be submitted;
    25    (iv)  The  manner by which calculation of the amount of the award will
    26  be determined;
    27    (v) The timeline for the issuance and review of applications; and
    28    (vi) Program implementation phases that will trigger  payment  of  set
    29  percentages of the total award.
    30    (2)  In  assessing  proposal quality, the commissioner shall take into
    31  account factors including, but not limited to:
    32    (i) The extent to which the school district's proposal  would  provide
    33  such  community services through partnerships with local governments and
    34  non-profit organizations;
    35    (ii) The extent to which the proposal would provide  for  delivery  of
    36  such services directly in school buildings;
    37    (iii)  The  extent to which the proposal articulates how such services
    38  would facilitate measurable improvement in student and family outcomes;
    39    (iv) The extent to which the proposal articulates and  identifies  how
    40  existing  funding  streams  and  programs  would be used to provide such
    41  community services; and
    42    (v) the extent to  which  the  proposal  ensures  the  safety  of  all
    43  students, staff and community members in school buildings used as commu-
    44  nity  hubs]  A community school shall be both a place and a set of part-
    45  nerships between the  traditional  public  school  and  other  community
    46  resources  and  shall  take a comprehensive approach to improve academic
    47  and developmental outcomes. Its integrated focus on  academics,  health,
    48  mental  wellness,  social  services, youth and community development and
    49  family and community engagement shall lead to improved student learning,
    50  stronger families and healthier communities. Community schools have  the
    51  framework  in  place  to eliminate the barriers for all students to have
    52  access to a high-quality learning experience.
    53    (1) Such schools shall include a community school director  to  imple-
    54  ment the community school framework by:
    55    (i)  reviewing  student  data  and conducting an annual community wide
    56  assessment of needs and assets;

        S. 9006--B                         38

     1    (ii) coordinating and leveraging integrated  health,  mental  wellness
     2  and social supports;
     3    (iii) identifying and securing family supports that include empowering
     4  parents  to participate in decision making and to maintain active family
     5  and community engagement that values their diverse experiences and back-
     6  grounds and partners with parents or caregivers to develop and promote a
     7  vision for student success including but not limited to courses,  activ-
     8  ities and services for parents or caregivers and community members;
     9    (iv)  implementing expanding and enriching learning time, programs and
    10  opportunities, including but not limited to before,  during  and  after-
    11  school, weekend, summer and year-round programs, that provide additional
    12  academic  support,  enrichment activities and other programs that may be
    13  offered in partnership with  community-based  organizations  to  enhance
    14  academic  learning,  social  skills,  emotional  and life skills and are
    15  aligned with the school's curriculum;
    16    (v) managing a community school-based committee that includes  but  is
    17  not  limited  to  the  school  principal,  certified classroom teachers,
    18  school related professionals, other school employees, families, communi-
    19  ty organizations, nonprofit organizations, collective bargaining  organ-
    20  izations,  that  guides collaborative planning, implementation and over-
    21  sight and where leadership initiatives are shared; and
    22    (vi) implementing high-quality teaching  and  learning  that  provides
    23  ongoing  professional development to teachers and school-related profes-
    24  sionals.
    25    (2) A set of strategies shall be implemented  in  a  community  school
    26  that  include programs and services that focus on building and maintain-
    27  ing relationships to improve academic  and  developmental  outcomes  for
    28  students. Such frameworks shall include:
    29    (i)  a  union  led  framework  which  is a community school initiative
    30  bringing together the unions, school district, city and  community  that
    31  coordinate  and  maximize  public, non-profit, and private resources and
    32  government  agencies  to  deliver  critical  programs  and  services  to
    33  students  and  their families using the school building as the community
    34  hub with the goal of creating improved student learning, stronger  fami-
    35  lies, and healthier communities;
    36    (ii) a university-assisted framework where community schools are plac-
    37  es  and  partnerships linking the school system, key community resources
    38  and higher education with an  integrated  focus  on  academics,  support
    39  systems and civic engagement;
    40    (iii)  a  district-led framework where the district serves as the lead
    41  partner in the community school and brings  partners  to  the  table  to
    42  figure  out  how  to  improve  student learning and help foster stronger
    43  families and healthy communities;
    44    (iv) a county-wide framework that is a collaborative effort of family,
    45  school, community, and government as the  primary  delivery  device  for
    46  services  and activities that center around early childhood development,
    47  family and community engagement and family support and student  develop-
    48  ment programs;
    49    (v) a lead partner framework which uses a community-based organization
    50  (CBO) as a partner that works collaboratively with the principal and the
    51  school  leadership team to carry out the work at the school that focuses
    52  on the whole child, while also engaging family members, to  ensure  that
    53  students succeed in the classroom; or
    54    (vi)  a  multi-tiered  systems  of support (MTSS) framework to support
    55  students' academic development, social and emotional wellness,  and  the
    56  development of culturally responsive, trauma-informed schools.

        S. 9006--B                         39
 
     1    b.  [A  response  to  a  request for proposals issued pursuant to this
     2  subdivision may be submitted by a single school district or jointly by a
     3  consortium of two or more school districts, or in a city  with  a  popu-
     4  lation  of  one  million  or  more,  an eligible entity] Each qualifying
     5  school  district  shall  receive  funding from this program equal to the
     6  result of the quotient  of  each  district's  foundation  aid  community
     7  school  set  aside  amount  established  pursuant  to section thirty-six
     8  hundred two of this article divided by the statewide value of the  foun-
     9  dation  aid  community  school  set aside amount established pursuant to
    10  section thirty-six hundred two of this article multiplied by the  amount
    11  of  the  appropriation for the community school categorical grant estab-
    12  lished herein. Districts which do not have a set aside of foundation aid
    13  for community schools pursuant to section thirty-six hundred two of this
    14  article shall not be eligible for funds pursuant to this subdivision.
    15    c. The [amount of the grant award shall be determined by  the  commis-
    16  sioner,  consistent  with  the plan developed pursuant to paragraph a of
    17  this subdivision, except that no single district  may  be  awarded  more
    18  than  forty percent of the total amount of grant awards made pursuant to
    19  this subdivision; and provided further that the  maximum  award  to  any
    20  individual community school site shall be five hundred thousand dollars;
    21  and  provided  further  that  the amount awarded will be paid out in set
    22  percentages over time upon successful implementation of each phase of  a
    23  school district's approved proposal set forth pursuant to paragraph a of
    24  this  subdivision;  and provided further that none of the grants awarded
    25  pursuant to this subdivision may be used to supplant  existing  funding]
    26  commissioner  shall  promulgate  regulations that set forth the require-
    27  ments for use of such funds by districts, which shall include a require-
    28  ment that districts require that funds be used to transform pre-existing
    29  community  school  programs,  struggling  or   persistently   struggling
    30  schools,  or  schools  with significant levels of poverty, homelessness,
    31  free and reduced price meals, or other  factors  as  determined  by  the
    32  commissioner.  Provided,  further,  that  such regulations shall require
    33  school districts to demonstrate substantial teacher, parent and communi-
    34  ty involvement in the  planning,  implementation,  and  operation  of  a
    35  community  school.  The  commissioner  may determine that a pre-existing
    36  community schools program satisfies the requirements of the  commission-
    37  er's regulations provided that such commissioner may require any modifi-
    38  cation thereto.
    39    § 29. Paragraph a-1 of subdivision 11 of section 3602 of the education
    40  law,  as  amended by section 20-a of part A of chapter 56 of the laws of
    41  2025, is amended to read as follows:
    42    a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
    43  sion, for aid payable in the school years two thousand--two thousand one
    44  through  two  thousand nine--two thousand ten, and two thousand eleven--
    45  two thousand twelve  [through  two  thousand  twenty-five--two  thousand
    46  twenty-six] and thereafter, the commissioner may set aside an amount not
    47  to  exceed  two  million  five  hundred  thousand dollars from the funds
    48  appropriated for purposes of this subdivision for the purpose of serving
    49  persons twenty-one years of age or older who have not been  enrolled  in
    50  any  school  for  the  preceding school year, including persons who have
    51  received a high school diploma or high school  equivalency  diploma  but
    52  fail  to  demonstrate basic educational competencies as defined in regu-
    53  lation by the  commissioner,  when  measured  by  accepted  standardized
    54  tests, and who shall be eligible to attend employment preparation educa-
    55  tion programs operated pursuant to this subdivision.

        S. 9006--B                         40
 
     1    § 30. The education law is amended by adding a new section 115 to read
     2  as follows:
     3    §  115.  Artificial  intelligence  literacy digital equity competitive
     4  grant program. 1. Definitions. As used in this  section,  the  following
     5  terms shall have the following meanings:
     6    (a)  "Artificial  intelligence system" or "AI system" means a machine-
     7  based system that, for explicit or implicit objectives, infers, from the
     8  input it receives, how to generate outputs such as predictions, content,
     9  recommendations, or decisions that can  influence  physical  or  virtual
    10  environments.  AI  systems  shall  vary  in their levels of autonomy and
    11  adaptiveness after deployment.
    12    (b) "Artificial intelligence literacy"  means  the  skills  associated
    13  with  the  ability  to  comprehend  the  basic principles, concepts, and
    14  applications of artificial intelligence, as well  as  the  implications,
    15  limitations  and ethical considerations associated with the use of arti-
    16  ficial intelligence.
    17    (c) "Community organization" means not-for-profit community  organiza-
    18  tions,  other  than a school, community college or institution of higher
    19  education, which offer free educational programs to the general public.
    20    (d) "Artificial intelligence  literacy  grant  program"  or  "program"
    21  means  the  artificial  intelligence literacy digital equity competitive
    22  grant program established under subdivision two of this section.
    23    (e) "Academic institution" means any public  elementary  or  secondary
    24  school,  charter  school,  community  college,  or institution of higher
    25  education authorized to operate in the state of New York, which provides
    26  formal instructional programs that culminate in a diploma,  certificate,
    27  or degree.
    28    (f)  "Community  college"  means  any  institution of higher education
    29  within the state university of New York or city university of  New  York
    30  systems that is authorized to confer associate degrees and is defined as
    31  a  community  college pursuant to article one hundred twenty-six of this
    32  chapter.
    33    (g) "Institution of higher education"  shall  mean  any  postsecondary
    34  educational  institution within the state of New York that is authorized
    35  to confer bachelor's, master's, doctoral, or professional degrees and is
    36  not defined as a community college under this section.
    37    2. Artificial intelligence literacy digital equity  competitive  grant
    38  program. (a) The commissioner shall establish an artificial intelligence
    39  literacy  digital  equity  competitive grant program which shall provide
    40  grants to academic institutions and community organizations  to  support
    41  artificial intelligence literacy efforts.
    42    (b)  The  program  shall be structured as a competitive grant process.
    43  In awarding grants, the commissioner shall  prioritize  applicants  that
    44  demonstrate both:
    45    (i)  a high level of need, as determined by factors including, but not
    46  limited to, lack  of  access  to  computer  science  education,  a  high
    47  percentage  of students or community members from low-income households,
    48  limited technological infrastructure, or geographic barriers to  digital
    49  inclusion; and
    50    (ii)  a  strong  and  clearly articulated proposal, including specific
    51  goals, strategies, and implementation  plans  for  expanding  access  to
    52  artificial intelligence literacy and addressing equity in digital educa-
    53  tion.
    54    (c) All proposals submitted under this section shall include:

        S. 9006--B                         41
 
     1    (i)  a  demonstration  of need, including quantitative and qualitative
     2  data describing the applicant's existing access to  artificial  intelli-
     3  gence literacy resources and technological infrastructure;
     4    (ii)  clearly  defined and measurable objectives, including the antic-
     5  ipated number of individuals reached if the grant is fully  implemented,
     6  and relevant success metrics; and
     7    (iii)  a  detailed  plan  outlining how the funds would be used if the
     8  applicant is awarded the full amount requested.
     9    (d) The commissioner shall also establish criteria for the development
    10  and submission of grant applications and proposals and for the selection
    11  of recipients of grants from the program. Such  criteria  shall  include
    12  provisions  to  ensure  geographic  diversity,  demographic  equity, and
    13  accountability in the use of grant funds.
    14    (e) To ensure equitable distribution  of  funding,  the  total  amount
    15  appropriated for the program shall be allocated as follows:
    16    (i)  thirty  percent  to  public  elementary and secondary schools and
    17  charter schools;
    18    (ii) twenty percent to community colleges;
    19    (iii) fifteen percent to public institutions of higher education;
    20    (iv) five percent to private institutions of higher education; and
    21    (v) thirty percent to community organizations.
    22    (f) Such program shall provide grants to public elementary and second-
    23  ary schools and charter schools to be used for:
    24    (i) providing teachers with  training  and  certification  to  support
    25  artificial intelligence literacy efforts in schools;
    26    (ii)  facilitating  attendance of teachers at professional development
    27  courses, workshops, and conferences related to  artificial  intelligence
    28  education,  including  professional  development  related  to artificial
    29  intelligence course design and fee-based professional development;
    30    (iii) for schools without resources for  computer  science  education,
    31  developing  and  designing best practices for computer science materials
    32  needed for artificial intelligence education;
    33    (iv) supporting partnerships with the  private  sector  to  facilitate
    34  artificial intelligence education;
    35    (v)  equipping  schools with labs to provide students hands-on artifi-
    36  cial intelligence learning experiences;
    37    (vi) utilizing virtual learning platforms that facilitate  remote  and
    38  individualized artificial intelligence education opportunities;
    39    (vii) developing programs that prepare students for further studies or
    40  future careers in artificial intelligence or related fields; and
    41    (viii)   providing   foundational   artificial  intelligence  literacy
    42  instruction tailored to grade level.
    43    (g) Grants provided to community colleges shall be  used  for  one  or
    44  more of the following:
    45    (i)  developing and implementing an interdisciplinary literacy program
    46  with respect to artificial intelligence  for  non-traditional  learners,
    47  including  through  partnerships  with  non-profit educational organiza-
    48  tions;
    49    (ii) developing labs to provide students hands-on artificial  intelli-
    50  gence learning experiences; or
    51    (iii) developing virtual learning platforms that facilitate remote and
    52  individualized artificial intelligence education opportunities.
    53    (h)  Grants provided to institutions of higher education shall be used
    54  for:
    55    (i) developing labs to provide students hands-on  artificial  intelli-
    56  gence learning experiences;

        S. 9006--B                         42

     1    (ii)  developing virtual learning platforms that facilitate remote and
     2  individualized artificial intelligence education opportunities;
     3    (iii)  developing  programming  and  pedagogical tools with respect to
     4  artificial intelligence education and instruction  for  the  benefit  of
     5  elementary and secondary school teachers and community educators; or
     6    (iv)  developing  programs that prepare participants to use artificial
     7  intelligence tools in the workplace, including sector-specific  applica-
     8  tions.
     9    (i)  Grants  provided to community organizations shall be used for one
    10  or more of the following:
    11    (i) providing training and certification with  respect  to  artificial
    12  intelligence  education  and  instruction  to employees of the community
    13  organizations;
    14    (ii) developing  and  implementing  artificial  intelligence  learning
    15  experiences  and  educational programming to the community served by the
    16  community organizations; or
    17    (iii) offering programming to support adult learners and jobseekers in
    18  understanding and applying artificial  intelligence  in  the  workforce,
    19  particularly in high-growth or digitally transforming industries.
    20    (j)  Any  entity  which  is awarded a grant under the program shall be
    21  required to submit a report to the commissioner on or before July  first
    22  of  each  year  for  four  years following the grant being awarded which
    23  shall include, as applicable, but not be limited to:
    24    (i) the number of administrators and teachers trained or scheduled for
    25  training;
    26    (ii) the number of schools that have implemented such program within a
    27  school district;
    28    (iii) the number of students reached, and at which grade level;
    29    (iv) disaggregated data based on race, ethnicity, county, and school;
    30    (v) prospective timeline to reach all schools;
    31    (vi) the amount of the grant;
    32    (vii) the use of grant amounts; and
    33    (viii) the progress of the entity towards  fulfilling  the  objectives
    34  for which the grant was awarded.
    35    3.  Metrics and evaluation. The department shall develop and implement
    36  a standardized framework for evaluating the effectiveness of the artifi-
    37  cial intelligence literacy grant program in academic institutions.  Such
    38  framework shall include, but not be limited to:
    39    (a) measurement of student learning  outcomes  related  to  artificial
    40  intelligence concepts, competencies, and digital fluency;
    41    (b)  participation  rates in artificial intelligence literacy programs
    42  disaggregated by grade level, demographic group, and institution type;
    43    (c) evaluation of how  and  to  what  extent  artificial  intelligence
    44  literacy  content  has been integrated into existing school curricula or
    45  community programming; and
    46    (d) tracking of participants' engagement  with  further  education  or
    47  career  pathways  related  to  artificial  intelligence  and  technology
    48  fields.
    49    4. Grant administration. (a) The commissioner shall award grants under
    50  the artificial intelligence literacy grant program and shall  administer
    51  the program in consultation with relevant offices within the department.
    52    (b)  The  department  shall  establish procedures for the application,
    53  review, approval, distribution, and monitoring of grant awards,  includ-
    54  ing   clear  guidance  on  timelines,  eligibility,  documentation,  and
    55  disbursement.

        S. 9006--B                         43
 
     1    (c) The commissioner shall ensure that all grant funds are distributed
     2  in a timely and transparent manner, with  priority  given  to  advancing
     3  educational equity and digital access in underserved communities.
     4    (d)  The  department  shall provide technical assistance to applicants
     5  and grantees to support strong  proposal  development,  compliance  with
     6  program requirements, and effective implementation.
     7    (e)   The   department   shall   have  authority  to  conduct  audits,
     8  inspections, or program evaluations of grantees  and  may  recapture  or
     9  reallocate funds not used in accordance with the terms of the grant.
    10    (f)  All  grantees  shall comply with state reporting requirements and
    11  participate in department-led evaluations as a  condition  of  receiving
    12  funding.
    13    5.  Reports.  On  or before the first of January second succeeding the
    14  effective date of this section and each January  first  thereafter,  the
    15  commissioner  shall  submit a report to the governor and the legislature
    16  which shall include, but not be limited to:
    17    (a) summarizing and analyzing the reports submitted to the commission-
    18  er for that year and information on such reports  required  under  para-
    19  graph (j) of subdivision two of this section;
    20    (b)  summarizing  the  metrics  established under subdivision three of
    21  this section; and
    22    (c) recommending improvements to the program.
    23    6. Rules and regulations. The commissioner shall have the authority to
    24  establish rules and regulations to  implement  the  provisions  of  this
    25  section.
    26    §  31.  Severability. If any clause, sentence, paragraph, subdivision,
    27  section or part of this act shall be adjudged by any court of  competent
    28  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    29  invalidate the remainder thereof, but shall be confined in its operation
    30  to the clause, sentence, paragraph, subdivision, section or part thereof
    31  directly involved in the controversy in which such judgment  shall  have
    32  been rendered. It is hereby declared to be the intent of the legislature
    33  that  this  act  would have been enacted even if such invalid provisions
    34  had not been included herein.
    35    § 32. This act shall take effect immediately; provided, however,  that
    36  sections twenty-seven and twenty-nine of this act shall take effect July
    37  1,  2026.  Provided, further, that the amendments made to sections 3, 4,
    38  5, 6, 7, 8 and 9 of chapter 18 of  the  laws  of  2020  authorizing  the
    39  commissioner  of education to appoint a monitor to oversee the Wyandanch
    40  union free school district and establishing the  powers  and  duties  of
    41  such  monitor  made  by section twenty-four of this act shall not affect
    42  the repeal of such sections and shall be deemed repealed therewith.
 
    43                                   PART B
 
    44    Section 1. The education law is amended by adding a new section 819 to
    45  read as follows:
    46    § 819. Evidence-based mathematics instruction.   1. (a) On  or  before
    47  January first, two thousand twenty-seven, the commissioner shall provide
    48  school  districts  with  instructional  best  practices for numeracy, as
    49  defined by the commissioner, and the teaching of mathematics to students
    50  in kindergarten through grade five.  Instructional  best  practices  for
    51  numeracy  and  the teaching of mathematics shall be evidence-based. Such
    52  instructional best  practices  shall  be  periodically  updated  by  the
    53  commissioner.

        S. 9006--B                         44
 
     1    (b)  Every  school district shall annually review their curriculum and
     2  instructional practices in the subject of mathematics  for  students  in
     3  kindergarten through grade five to ensure that they align with the math-
     4  ematics  instructional  best practices provided by the commissioner, and
     5  that all early mathematics instructional practices and interventions are
     6  part of an aligned plan designed to improve student mathematics outcomes
     7  in kindergarten through grade five.
     8    2.  On  or  before  September  first,  two thousand twenty-seven, each
     9  school district shall verify to the commissioner that its curriculum and
    10  instructional practices in the subject of  mathematics  in  kindergarten
    11  through  grade  five align with all of the elements of the instructional
    12  best practices provided by the commissioner pursuant to this section.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART C
 
    15    Section 1. Paragraph (c) of subdivision  1  of  section  6311  of  the
    16  education law, as added by section 1 of part F of chapter 56 of the laws
    17  of 2025, is amended to read as follows:
    18    (c) is matriculated at [a community college of the state university of
    19  New  York  or the city university of New York, as defined in subdivision
    20  two of section sixty-three hundred one of this  article  or  subdivision
    21  four  of section sixty-two hundred two of this title, respectively,] any
    22  state university of New York or city university of  New  York  colleges,
    23  universities,  or  community  colleges  in  an approved program directly
    24  leading to an associate's degree in a high-demand field;  provided  that
    25  for  the  two  thousand  twenty-five -- two thousand twenty-six academic
    26  year, such fields shall include but not be limited to advanced  manufac-
    27  turing, technology, cybersecurity, engineering, artificial intelligence,
    28  nursing  and  allied health professions, green and renewable energy, and
    29  pathways to teaching in  shortage  areas,  provided  further  that  such
    30  fields  may be updated annually thereafter by the department of labor no
    31  later than one hundred eighty days prior to the first start date of  the
    32  fall term of such state university of New York or city university of New
    33  York colleges, universities, or community colleges, and provided further
    34  that  the eligibility of such approved program established in the semes-
    35  ter for which the applicant makes initial application shall continue;
    36    § 2. Paragraph (e) of subdivision 1 of section 6311 of  the  education
    37  law,  as added by section 1 of part F of chapter 56 of the laws of 2025,
    38  is amended to read as follows:
    39    (e) has not already obtained any postsecondary degree,  provided  that
    40  nothing in this paragraph shall be construed to prohibit the eligibility
    41  of  a  student  who  is already enrolled in an eligible associate degree
    42  program on the effective date of this section  and  who  meets  all  the
    43  other eligibility requirements of this subdivision, and provided further
    44  that nothing in this paragraph shall be construed to prohibit the eligi-
    45  bility  of a student who, though having previously obtained a postsecon-
    46  dary degree, is enrolled in an approved program leading  to  an  associ-
    47  ate's degree in nursing.
    48    § 3. This act shall take effect immediately.
 
    49                                   PART D
 
    50    Section  1. Subdivisions 3 and 4 of section 6305 of the education law,
    51  subdivision 3 as amended by chapter 542 of the laws of 2022 and subdivi-

        S. 9006--B                         45

     1  sion 4 as amended by section 2 of part V of chapter 57 of  the  laws  of
     2  2013, are amended and a new subdivision 4-a is added to read as follows:
     3    3. The chief fiscal officer of each county, as defined in section 2.00
     4  of the local finance law, shall, upon application and submission to such
     5  chief  fiscal  officer  of  satisfactory evidence in-person or electron-
     6  ically, issue to any person desiring to enroll in a community college as
     7  a non-resident student, a certificate of  residence  form  showing  that
     8  said  person  is a resident of said county. No such chief fiscal officer
     9  shall require a person desiring to enroll in a community  college  as  a
    10  non-resident  student  to disclose or furnish his or her social security
    11  number. If the chief fiscal officer of a county refuses to issue such  a
    12  certificate  on  the  ground  that the person applying therefor is not a
    13  resident of such county, or that such person is not subject to rules  or
    14  regulations  promulgated  under  subdivision four-a of this section, the
    15  person applying may appeal, in writing, electronically or  by  mail,  to
    16  the  chancellor  of  the  state  university. The chancellor of the state
    17  university, or such officers or employees thereof as shall be designated
    18  by the chancellor in a manner authorized by the state  university  trus-
    19  tees,  shall make a determination after a hearing, upon ten days' notice
    20  to such chief fiscal officer of the county, and such determination shall
    21  be final and binding on the county. Such person shall, upon registration
    22  for each college year, file with the college such a certificate of resi-
    23  dence form issued not earlier than two months prior  thereto,  and  such
    24  certificate  of  residence  form shall be valid for a period of one year
    25  from the date of  issuance.  The  state  university  trustees  shall  be
    26  authorized  to  promulgate  regulations  to effectuate the provisions of
    27  this subdivision.
    28    4. If, pursuant to  subdivision  two  of  this  section,  a  community
    29  college  elects  to  charge  to  and collect an allocable portion of the
    30  operating costs and a further sum on account of capital  costs  of  such
    31  college  from each county which has issued a certificate form or certif-
    32  icates of residence forms pursuant to subdivision three of this section,
    33  on the basis of which non-resident students are attending such community
    34  college, the president of such community college  shall,  within  forty-
    35  five  days after the commencement of each college term or program, or as
    36  otherwise provided by  rules  or  regulations  promulgated  pursuant  to
    37  subdivision  four-a  of this section, submit to the chief fiscal officer
    38  of each county a list of non-resident students attending such college on
    39  the basis of such certificates of residence form and a voucher  for  the
    40  amount  payable by each county for these students. Such list and voucher
    41  shall be determined on the basis of non-resident  students  enrolled  in
    42  the  program  as  of  the  end  (or  last  day) of the third week of the
    43  commencement for a program scheduled for one semester, the  end  of  the
    44  second  for  a  program scheduled for an academic quarter and the end of
    45  the first week for any program scheduled to be completed in thirty  days
    46  or  less.  The  chancellor  of the state university, or such officers or
    47  employees thereof as shall be designated by the chancellor in the manner
    48  authorized by the state university  trustees,  shall  notify  the  chief
    49  fiscal  officers  of  each  county  of the approved annual operating and
    50  capital charge-back rate for each community college. The  amount  billed
    51  to  the  chief  fiscal  officer  of each county by the president of such
    52  community college as a charge for the allocable portion of the operating
    53  costs and a further sum on account of capital costs of such college  for
    54  non-resident  students shall be paid to the chief fiscal officer of such
    55  college by the billed county no later than sixty days after  the  county
    56  receives said billing.

        S. 9006--B                         46
 
     1    4-a.  Notwithstanding any provision of law, rule, or regulation to the
     2  contrary, the state university trustees are authorized and  directed  to
     3  promulgate  rules  or  regulations setting forth: (a) a schedule of late
     4  fees and exceptions thereof for a student submitting  a  certificate  of
     5  residence  form  after  the deadline otherwise prescribed by subdivision
     6  four of this section for such submission, but within the relevant semes-
     7  ter or term; and (b) a reconciliation process for valid  forms  received
     8  after the list of non-resident students was sent to a county pursuant to
     9  subdivision four of this section.
    10    § 2. This act shall take effect immediately.
 
    11                                   PART E
 
    12    Section  1.  Subparagraph  4-a-1  of  paragraph  h of subdivision 2 of
    13  section 355 of the education law, as added by section 1  of  part  B  of
    14  chapter 56 of the laws of 2023, is amended to read as follows:
    15    (4-a-1)  Notwithstanding  any law, rule, regulation or practice to the
    16  contrary and following the review and approval of the chancellor of  the
    17  state  university  or [his or her] such chancellor's designee, the board
    18  of trustees may annually impose differential tuition rates on  non-resi-
    19  dent  undergraduate  and  graduate  rates  of tuition for state-operated
    20  institutions [for a three year period] commencing with the two  thousand
    21  twenty-three--two  thousand  twenty-four academic year and ending in the
    22  two thousand [twenty-five] twenty-eight--two thousand [twenty-six] twen-
    23  ty-nine academic year, provided that such rates are competitive with the
    24  rates of tuition charged by peer institutions  and  that  the  board  of
    25  trustees  annually  provide  the  reason and methodology behind any rate
    26  increase to the governor, the temporary president of the senate, and the
    27  speaker of the assembly prior to the approval of such increases.
    28    § 2. Subparagraph (vi) of paragraph (a) of subdivision  7  of  section
    29  6206 of the education law, as added by section 2 of part B of chapter 56
    30  of the laws of 2023, is amended to read as follows:
    31    (vi)  Notwithstanding  any  law,  rule,  regulation or practice to the
    32  contrary, commencing with the two  thousand  twenty-three--two  thousand
    33  twenty-four  academic  year and ending in the two thousand [twenty-five]
    34  twenty-eight--two  thousand  [twenty-six]  twenty-nine  academic   year,
    35  following  the review and approval of the chancellor of the city univer-
    36  sity or [his or her] such chancellor's designee, the city university  of
    37  New York board of trustees shall be empowered to annually impose differ-
    38  ential tuition rates on non-resident undergraduate and graduate rates of
    39  tuition  for  senior  colleges, provided that such rates are competitive
    40  with the rates of tuition charged by  peer  institutions  and  that  the
    41  board of trustees annually provide the reason and methodology behind any
    42  rate  increase  to  the governor, the temporary president of the senate,
    43  and the speaker of the assembly prior to the approval of such increases.
    44    § 3. Subparagraph (ii) of paragraph (a) of subdivision  7  of  section
    45  6206  of the education law, as amended by section 3 of part B of chapter
    46  56 of the laws of 2023, is amended to read as follows:
    47    (ii) Notwithstanding any law, rule,  regulation  or  practice  to  the
    48  contrary,  commencing  with  the two thousand twenty-three--two thousand
    49  twenty-four academic year and ending in the two  thousand  [twenty-five]
    50  twenty-eight--two   thousand  [twenty-six]  twenty-nine  academic  year,
    51  following the review and approval of the chancellor of the city  univer-
    52  sity  or [his or her] such chancellor's designee, the city university of
    53  New York board of trustees shall be empowered to annually impose differ-
    54  ential tuition rates on non-resident undergraduate and graduate rates of

        S. 9006--B                         47
 
     1  tuition for senior colleges, provided that such  rates  are  competitive
     2  with  the  rates  of  tuition  charged by peer institutions and that the
     3  board of trustees annually provide the reason and methodology behind any
     4  rate  increase  to  the governor, the temporary president of the senate,
     5  and the speaker of the assembly prior to the approval of such increases.
     6    § 4. This act shall take effect immediately; provided,  however,  that
     7  the  amendments to paragraph (a) of subdivision 7 of section 6206 of the
     8  education law made by section two of this act shall be  subject  to  the
     9  expiration  and  reversion  of  such paragraph pursuant to section 16 of
    10  chapter 260 of the laws of 2011, as amended, when  upon  such  date  the
    11  provisions of section three of this act shall take effect.
 
    12                                   PART F
 
    13    Section  1.  Subdivisions 1, 3 and 5 of section 669-f of the education
    14  law, subdivision 1 as amended by chapter 516 of the laws  of  2025,  and
    15  subdivisions  3  and  5 as added by section 1 of subpart A of part EE of
    16  chapter 56 of the laws of 2015, are amended to read as follows:
    17    1. Eligibility. Students who are matriculated in an approved  master's
    18  degree  in  education program at a New York state college, as defined in
    19  subdivision two of section six hundred one of this title, leading  to  a
    20  career  as  a  teacher  in  public  elementary [or], secondary, or early
    21  childhood education shall be eligible for an award under  this  section,
    22  provided  the  applicant:  (a)  earned  an  undergraduate  degree from a
    23  college located in New York state; (b) was a  New  York  state  resident
    24  while  earning  such  undergraduate degree; (c) achieved academic excel-
    25  lence as an undergraduate student, as  defined  by  the  corporation  in
    26  regulation;  (d)  enrolls  in  full-time  study  in an approved master's
    27  degree in education program at a New York state college, as  defined  in
    28  subdivision  two  of section six hundred one of this title, leading to a
    29  career as a teacher in public elementary [or], secondary or early child-
    30  hood education; (e) signs a contract with the  corporation  agreeing  to
    31  teach  in  a  classroom setting on a full-time basis for five years in a
    32  school located within New York state providing public  elementary  [or],
    33  secondary  or  early  childhood  education  recognized  by  the board of
    34  regents or the university of the state of New  York,  including  charter
    35  schools  authorized  pursuant  to article fifty-six of this chapter; and
    36  (f) complies with the applicable provisions  of  this  article  and  all
    37  requirements  promulgated  by  the corporation for the administration of
    38  the program.
    39    3. An award shall entitle the recipient to  annual  payments  for  not
    40  more  than  two  academic  years  of full-time graduate study leading to
    41  certification as an elementary  [or],  secondary  [classroom]  or  early
    42  childhood teacher.
    43    5.  The corporation shall convert to a student loan the full amount of
    44  the award granted pursuant to this section, plus interest, according  to
    45  a  schedule  to be determined by the corporation if: (a) two years after
    46  the completion of the degree program  and  receipt  of  initial  certif-
    47  ication  it  is  found  that  a recipient is [not] neither teaching in a
    48  public school located within New  York  state  providing  elementary  or
    49  secondary education recognized by the board of regents or the university
    50  of  the state of New York, including charter schools authorized pursuant
    51  to article fifty-six of this chapter, nor employed by an eligible agency
    52  as defined by paragraph b  of  subdivision  one  of  section  thirty-six
    53  hundred  two-e of this chapter; (b) a recipient has [not] neither taught
    54  in a public school located within New York state providing elementary or

        S. 9006--B                         48
 
     1  secondary education recognized by the board of regents or the university
     2  of the state of New York, including charter schools authorized  pursuant
     3  to  article  fifty-six of this chapter, nor been employed by an eligible
     4  agency  as  defined by paragraph b of subdivision one of section thirty-
     5  six hundred two-e of this chapter, for five of the seven years after the
     6  completion of the graduate degree program and receipt of initial certif-
     7  ication; (c) a recipient fails to complete [his or her]  their  graduate
     8  degree  program  in education; (d) a recipient fails to receive or main-
     9  tain [his or her] their teaching certificate  or  license  in  New  York
    10  state  for  the  required period; or (e) a recipient fails to respond to
    11  requests by the corporation for the status of [his or her] their academ-
    12  ic or professional progress. The terms and conditions of  this  subdivi-
    13  sion shall be deferred for any interruption in graduate study or employ-
    14  ment as established by the rules and regulations of the corporation. Any
    15  obligation  to  comply  with such provisions as outlined in this section
    16  shall be cancelled upon the death of the recipient. Notwithstanding  any
    17  provisions  of  this  subdivision  to  the  contrary, the corporation is
    18  authorized to promulgate rules and regulations to provide for the waiver
    19  or suspension of any financial obligation which  would  involve  extreme
    20  hardship.
    21    § 2. This act shall take effect July 1, 2026.
 
    22                                   PART G
 
    23    Section  1. Section 97-v of the state finance law, as added by chapter
    24  851 of the laws of 1983 and subdivision 3 as amended by  chapter  83  of
    25  the laws of 1995, is amended to read as follows:
    26    §  97-v.  New  York  state  [musical instrument revolving] music grant
    27  fund. 1. There is hereby established in the custody of the  state  comp-
    28  troller  and the commissioner of taxation and finance, a special fund to
    29  be known as the "New York state  [musical  instrument  revolving]  music
    30  grant fund".
    31    2.  The fund shall consist of all monies appropriated for its purpose,
    32  all monies transferred to such fund  pursuant  to  law  and  all  monies
    33  required  by  the provisions of this section or any other law to be paid
    34  into or credited to this fund, including all monies received by the fund
    35  or donated to it. The total of monies deposited as a result of appropri-
    36  ations from state funds into this fund shall not exceed the sum of  five
    37  hundred  thousand dollars. Monies in the fund shall be kept separate and
    38  shall not be commingled with any other monies otherwise appropriated  or
    39  received except as hereby provided.
    40    3.  Monies  of the fund, when allocated, shall be available to the New
    41  York state council on the arts for the purpose of providing  assistance,
    42  excluding  administrative  costs,  for  [the loan, lease and purchase of
    43  musical instruments and other related property and equipment, as  herein
    44  provided,  by]  grants  to  not-for-profit symphony orchestras [and/or],
    45  other not-for-profit musical entities  incorporated  in  the  state  and
    46  organized for the purpose of the presentation of performing arts for the
    47  benefit  of  the public, and schools for the purchase of musical instru-
    48  ments and other related property and equipment, which have been approved
    49  pursuant to guidelines established by the  council.  Such  monies  shall
    50  also  be  available  for administrative costs of the council pursuant to
    51  approval by the director  of  the  budget.  [Notwithstanding  any  other
    52  inconsistent  provisions  of  this chapter, should the council determine
    53  that there is a compelling need for the loan, lease or purchase of prop-
    54  erty or equipment  other  than  musical  instruments  by  not-for-profit

        S. 9006--B                         49

     1  symphony  orchestras and/or other not-for-profit musical entities incor-
     2  porated in the state and organized for the purpose of  the  presentation
     3  of  performing  arts for the benefit of the public, and upon approval of
     4  the  director of the budget, the council may assist such organization in
     5  acquiring such equipment in accordance with  guidelines  established  by
     6  the  council. The council shall contract with one or more not-for-profit
     7  entities which shall distribute such monies, however, in no  case  shall
     8  monies  of  the  fund  be distributed nor shall a contract to distribute
     9  such monies be approved unless the fund shall have sufficient monies  to
    10  effectuate all such approved distributions and contracts.
    11    Purchases, leases and loans of musical instruments and other equipment
    12  shall not be approved or effected if such purchases, leases or loans are
    13  eligible  for  financing  from  any other state assistance program.] For
    14  purposes of this section, "schools" shall mean public  school  districts
    15  and boards of cooperative educational services.
    16    4. [The state council on the arts shall establish guidelines necessary
    17  to administer the fund. Guidelines shall include, but not be limited to:
    18  qualifications  and  conditions for assistance, which may require public
    19  service performances, terms of lease or installment  sale  payments  and
    20  finance  charges  on  installment  sales  at  rates  of  interest which,
    21  notwithstanding any other provision of law, shall not be less than three
    22  per cent per annum nor more than ten per cent per annum, provisions  for
    23  insurance of the instrument or other equipment, provisions for necessary
    24  security  agreement arrangements, and any other terms and conditions the
    25  council may require as necessary to properly effectuate  the  provisions
    26  of  this section.] On or before the first day of February each year, the
    27  state council on the arts shall provide a written report to  the  tempo-
    28  rary  president  of  the  senate,  speaker of the assembly, chair of the
    29  senate finance committee, chair of the assembly ways and  means  commit-
    30  tee, the state comptroller and the public. Such report shall include how
    31  the monies of the fund were utilized during the preceding calendar year,
    32  and  shall  include: (a) the amount of money disbursed from the fund and
    33  the award process used for such disbursements; (b) recipients of  awards
    34  from  the  fund;  (c)  the amount awarded to each recipient; and (d) the
    35  purposes for which such awards were granted.
    36    5. [The not-for-profit entity of entities with whom the state  council
    37  on the arts has contracted pursuant to subdivision three of this section
    38  shall  enter  into  contractual arrangements with applicants approved by
    39  the council. All contracts must be approved by the state council on  the
    40  arts  and the comptroller prior to the distribution of any monies there-
    41  under. Such contracts shall assure that  the  not-for-profit  entity  or
    42  entities   retain  title  to  the  instrument  or  equipment  until  the
    43  provisions and intent of this section are satisfied.
    44    6. Notwithstanding any other provisions of law, should  a  default  in
    45  payment  of  monies  for the purchase or lease of an instrument or other
    46  equipment occur, the council shall so notify  the  comptroller  and  the
    47  attorney  general  who  shall  take  such steps as may be necessary. The
    48  not-for-profit entity or entities,  after  such  notification  is  made,
    49  shall  take steps to effect repossession regardless of whether any note,
    50  memorandum, instrument or other writing has been recorded or  regardless
    51  of  whether any other person has notice of such possessory rights to the
    52  instrument or equipment. Any contract between the not-for-profit  agency
    53  or  agencies  and  a  not-for-profit symphony orchestra or other musical
    54  entity authorized by this article, shall assure the  right  and  provide
    55  guarantees for such repossession. Subsequent to the taking of possession
    56  of the instrument or equipment, the comptroller or not-for-profit agency

        S. 9006--B                         50

     1  or agencies may offer the same for sale at public auction to the highest
     2  bidder pursuant to guidelines established by the comptroller.
     3    7.  The comptroller is authorized to deduct the difference between the
     4  purchaser's or lessee's  outstanding  obligation  at  the  time  of  the
     5  auction provided for in subdivision five of this section, and the amount
     6  realized from that auction, after deductions for all necessary and prop-
     7  er  costs of the auction are made, from any other grant or other assist-
     8  ance approved by the council on the arts for that purchaser. The differ-
     9  ence deducted by the comptroller and the net amount  realized  from  the
    10  auction  shall  be  deposited  in  the New York state musical instrument
    11  revolving fund.
    12    8.] Nothing contained herein shall prevent the council from  receiving
    13  grants,  gifts  or  bequests  for the purposes of the fund as defined in
    14  this section and depositing them into the fund according to law.
    15    [9. The state council on the arts shall provide by September first  of
    16  each  year,  to the governor, the temporary president of the senate, the
    17  speaker of the assembly, the chairman of the  senate  finance  committee
    18  and  the  chairman  of  the  assembly ways and means committee, a report
    19  containing guidelines and amendments established by the state council on
    20  the arts and a complete financial statement including, but  not  limited
    21  to,  monies allocated, collected, transferred or otherwise paid or cred-
    22  ited to the fund. A projected schedule of  disbursements,  receipts  and
    23  needs  of  the  fund  for the next fiscal year shall be included in each
    24  report. In addition, any amendments to the guidelines shall be  provided
    25  to  the  above listed individuals within thirty days of their establish-
    26  ment by the state council on the arts.
    27    10.] 6. No monies shall be payable from this fund, except on the audit
    28  and warrant of the comptroller on vouchers certified  and  submitted  by
    29  the [chairman of the] state council on the arts.
    30    § 2. This act shall take effect immediately.
 
    31                                   PART H
 
    32    Section 1. Paragraph (a) of subdivision 2 of section 390 of the social
    33  services  law,  as  amended  by section 3 of part H of chapter 56 of the
    34  laws of 2019, is amended to read as follows:
    35    (a) Child day care centers caring for seven or more children and group
    36  family day care programs, as defined in subdivision one of this section,
    37  shall obtain a license from the office of children and  family  services
    38  and  shall  operate in accordance with the terms of such license and the
    39  regulations of such office. Initial  licenses  and  subsequent  licenses
    40  shall  be  valid  for  a period of up to [four] six years so long as the
    41  provider remains substantially in compliance  with  applicable  law  and
    42  regulations during such period.
    43    § 2. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
    44  of  section  390  of the social services law, as amended by section 4 of
    45  part H of chapter 56 of the laws of 2019, is amended to read as follows:
    46    (A) Initial registrations and subsequent registrations shall be  valid
    47  for  a  period of up to [four] six years so long as the provider remains
    48  substantially in compliance with applicable law and  regulations  during
    49  such period.
    50    § 3. Intentionally omitted.
    51    §  4. This act shall take effect one year after it shall have become a
    52  law.
 
    53                                   PART I

        S. 9006--B                         51
 
     1    Section 1. Subdivision 6 of section 374 of the social services law, as
     2  amended by chapter 305 of the laws  of  2008,  is  amended  to  read  as
     3  follows:
     4    6.  (a)  An authorized agency, as defined in paragraphs (a) and (c) of
     5  subdivision ten of section three hundred seventy-one of this title,  may
     6  charge  or  accept  a  fee  or other compensation to or from a person or
     7  persons with whom it has placed out a  child,  for  the  reasonable  and
     8  necessary expenses of such placement; and no agency, association, corpo-
     9  ration,  institution, society or organization, except such an authorized
    10  agency, and no person may  or  shall  request,  accept  or  receive  any
    11  compensation  or  thing  of value, directly or indirectly, in connection
    12  with the placing out or adoption of a child or  for  assisting  a  birth
    13  parent,  relative  or guardian of a child in arranging for the placement
    14  of the child for the purpose of adoption; and no person may or shall pay
    15  or give to any person or to any agency, association, corporation, insti-
    16  tution, society or organization, except such an authorized  agency,  any
    17  compensation  or  thing  of  value in connection with the placing out or
    18  adoption of a child or for assisting a birth parent, relative or guardi-
    19  an of a child in arranging for  the  placement  of  the  child  for  the
    20  purpose  of  adoption. The prohibition set forth in this section applies
    21  to any adoptive placement activity involving a child born  in  New  York
    22  state  or brought into this state or involving a New York resident seek-
    23  ing to bring a child into New York state for the purpose of adoption.
    24    (b) This subdivision shall not be construed to prevent the payment  of
    25  salaries  or  other compensation by an authorized agency to the officers
    26  or employees thereof; nor shall it be construed to prevent  the  payment
    27  by  a  person  with  whom  a child has been placed out of reasonable and
    28  actual medical  fees  or  hospital  charges  for  services  rendered  in
    29  connection  with  the birth of such child or of other necessary expenses
    30  incurred by the birth mother in connection with or as a  result  of  her
    31  pregnancy  or  the birth of the child, or of reasonable and actual nurs-
    32  ing, medical or hospital fees for  the  care  of  such  child,  if  such
    33  payment  is  made  to  the  physician,  nurse  or  hospital who or which
    34  rendered the services or to the birth mother of the child, or to prevent
    35  the receipt of such payment by such physician, nurse, hospital or  birth
    36  mother.  This  subdivision shall not be construed to prevent the payment
    37  by an adoptive parent, as defined in section one  hundred  nine  of  the
    38  domestic  relations  law,  of  the  birth mother's reasonable and actual
    39  expenses for housing, maternity clothing, clothing  for  the  child  and
    40  transportation for a reasonable period not to exceed [sixty] one hundred
    41  eighty days prior to the birth and the later of [thirty] forty-five days
    42  after  the  birth or [thirty] forty-five days after the parental consent
    43  to the adoption, unless a court determines,  in  writing,  that  [excep-
    44  tional] circumstances exist which require the payment of the birth moth-
    45  er's  expenses  beyond  the  time  periods stated in this sentence. This
    46  subdivision shall not be construed to prevent the payment by an adoptive
    47  parent, as defined in section one hundred nine of the domestic relations
    48  law, of reasonable and actual legal fees charged  for  consultation  and
    49  legal  advice,  preparation of papers and representation and other legal
    50  services rendered in connection with an adoption proceeding or of neces-
    51  sary disbursements incurred for or in an adoption proceeding. No  attor-
    52  ney  or  law  firm shall serve as the attorney for, or provide any legal
    53  services to both the birth parent and adoptive parent in regard  to  the
    54  placing  out  of  a  child for adoption or in an adoption proceeding. No
    55  attorney or law firm shall serve as the attorney  for,  or  provide  any
    56  legal services to, both an authorized agency and adoptive parent or both

        S. 9006--B                         52
 
     1  an  authorized  agency  and  birth  parent  where  the authorized agency
     2  provides adoption services to such  birth  parent  or  adoptive  parent,
     3  where the authorized agency provides foster care for the child, or where
     4  the  authorized agency is directly or indirectly involved in the placing
     5  out of such child for adoption.
     6    § 2. This act shall take effect on the thirtieth day  after  it  shall
     7  have become a law. Effective immediately, the addition, amendment and/or
     8  repeal  of  any  rule  or regulation necessary for the implementation of
     9  this act on its effective date are authorized to be made  and  completed
    10  on or before such effective date.
 
    11                                   PART J
 
    12    Section  1. Subdivision 6 of section 3502 of the public health law, as
    13  added by chapter 313 of the laws of 2018, subparagraph (i) of  paragraph
    14  (a)  as  amended  by  chapter 486 of the laws of 2022, and subparagraphs
    15  (ii) and (iii) of paragraph (a), paragraph (b), subparagraphs (i), (ii),
    16  (iii) and (v) of paragraph (c), paragraph (e), and the opening paragraph
    17  and subparagraphs (i) and (ii) of paragraph (f) as amended by section  1
    18  of  part  LL  of  chapter  56 of the laws of 2023, is amended to read as
    19  follows:
    20    6. (a) (i) Notwithstanding the provisions of this section or any other
    21  provision of law, rule or regulation to the contrary,  licensed  practi-
    22  tioners,  persons  licensed  under this article and unlicensed personnel
    23  employed at a local  correctional  facility  or  secure  or  specialized
    24  secure  detention facility may, in a manner permitted by the regulations
    25  promulgated pursuant to this subdivision, utilize body imaging  scanning
    26  equipment  that  applies  ionizing  radiation  to humans for purposes of
    27  screening incarcerated individuals committed to such local  correctional
    28  facility,  or  individuals  detained  in  or  committed  to, visiting or
    29  employed in a  secure  or  specialized  secure  detention  facility,  in
    30  connection with the implementation of such facility's security program.
    31    (ii)  Notwithstanding  the  provisions  of  this  section or any other
    32  provision of law, rule or regulation to the contrary,  licensed  practi-
    33  tioners,  persons  licensed  under this article and unlicensed personnel
    34  employed at a state correctional facility or facility for  youth  placed
    35  with  or committed to the office of children and family services may, in
    36  a manner permitted by  the  regulations  promulgated  pursuant  to  this
    37  subdivision, utilize body imaging scanning equipment that applies ioniz-
    38  ing  radiation  to humans for purposes of screening individuals detained
    39  in, committed to, visiting, or employed in such facility, in  connection
    40  with the implementation of such facility's security program.
    41    (iii) The utilization of such body imaging scanning equipment shall be
    42  in  accordance  with  regulations  promulgated by the department, or for
    43  local correctional facilities in  cities  having  a  population  of  two
    44  million  or  more,  such  utilization  shall be in accordance with regu-
    45  lations promulgated by the New York city department of health and mental
    46  hygiene. The state commission of correction, in  consultation  with  the
    47  department  of  corrections  and community supervision and the office of
    48  children and family services, shall promulgate regulations  establishing
    49  when body imaging scanning equipment will be used to screen visitors and
    50  [incarcerated] individuals detained in or committed to state correction-
    51  al  facilities,  secure  or  specialized secure detention facilities, or
    52  facilities for youth placed with or committed to the office of  children
    53  and  family services.   Such regulations shall include provisions estab-
    54  lishing that alternative methods of screening may be used to accommodate

        S. 9006--B                         53
 
     1  individuals who decline or are unable to be  screened  by  body  imaging
     2  scanning  equipment  for medical reasons and that alternative methods of
     3  screening may be used to  accommodate  individuals  who  decline  to  be
     4  screened  for  other  reasons,  unless  security  considerations warrant
     5  otherwise. Such regulations shall also ensure that no  person  shall  be
     6  subjected  to  any  form  of  harassment,  intimidation, or disciplinary
     7  action for choosing to be searched by an alternative method of screening
     8  in lieu of body imaging scanning.
     9    The department of corrections and community supervision and the office
    10  of children and family services shall promulgate regulations  establish-
    11  ing  when body imaging scanning equipment will be used to screen employ-
    12  ees of the department of corrections and community supervision  and  the
    13  office  of  children  and  family  services, provided, however that such
    14  regulations shall be consistent with the policies and procedures of  the
    15  department  of  corrections  and community supervision and the office of
    16  children and family services governing the  search  of  employees.  Such
    17  regulations shall include provisions establishing that alternative meth-
    18  ods  of  screening may be used to accommodate individuals who decline or
    19  are unable to be screened by body imaging scanning equipment for medical
    20  or other reasons. Such regulations shall  also  ensure  that  no  person
    21  shall be subjected to any form of harassment, intimidation, or discipli-
    22  nary  action  for  choosing  to  be searched by an alternative method of
    23  screening in lieu of body imaging scanning. An employee's request to  be
    24  searched  by  an alternative method of screening in lieu of body imaging
    25  scanning shall not,  in  itself,  be  grounds  for  disciplinary  action
    26  against such employee.
    27    (b)  Prior  to establishing, maintaining or operating any body imaging
    28  scanning equipment in a state or local correctional facility, [any  body
    29  imaging  scanning  equipment]  secure  or  specialized  secure detention
    30  facility, or facility for youth placed with or committed to  the  office
    31  of children and family services, the chief administrative officer of the
    32  facility shall ensure that such facility is in compliance with the regu-
    33  lations  promulgated pursuant to this subdivision and otherwise applica-
    34  ble requirements for the installation, registration, maintenance, opera-
    35  tion and inspection of body imaging scanning equipment.
    36    (c) The regulations promulgated pursuant to subparagraph (ii) of para-
    37  graph (a) of this subdivision shall include, but not be limited to:
    38    (i) A requirement that prior to operating body imaging scanning equip-
    39  ment, unlicensed personnel  employed  at  state  or  local  correctional
    40  facilities, secure or specialized secure detention facilities, or facil-
    41  ities  for  youth placed with or committed to the office of children and
    42  family services shall have  successfully  completed  a  training  course
    43  approved  by  the  department,  or  for local correctional facilities in
    44  cities of two million or more, approved by the New York city  department
    45  of health and mental hygiene, and that such personnel receive additional
    46  training on an annual basis;
    47    (ii) Limitations on exposure which shall be no more than fifty percent
    48  of  the annual exposure limits for non-radiation workers as specified by
    49  applicable regulations, except that individuals under the age  of  eigh-
    50  teen shall not be subject to more than five percent of such annual expo-
    51  sure  limits,  and pregnant [women] persons shall not be subject to such
    52  scanning at  any  time.  Procedures  for  identifying  pregnant  [women]
    53  persons shall be set forth in the regulations;
    54    (iii)  Registration  with the department of each body imaging scanning
    55  machine  purchased  or  installed  at  a  state  or  local  correctional
    56  facility,  secure  or specialized secure detention facility, or facility

        S. 9006--B                         54
 
     1  for youth placed with or committed to the office of children and  family
     2  services;
     3    (iv)  Inspection  and regular reviews of the use of body imaging scan-
     4  ning equipment by the department or the  New  York  city  department  of
     5  health and mental hygiene, as applicable; and
     6    (v)  A  requirement  that  records  be kept regarding each use of body
     7  imaging scanning equipment by the state or local correctional  facility,
     8  secure  or  specialized secure detention facility, or facility for youth
     9  placed with or committed to the office of children and family services.
    10    (d) For the purpose of this subdivision, "body imaging scanning equip-
    11  ment" or "equipment" means equipment that utilizes a low dose of  ioniz-
    12  ing  radiation  to  produce  an  anatomical  image  capable of detecting
    13  objects placed on, attached to or secreted within a person's body.
    14    (e) For the purposes of this subdivision:
    15    (i) "Local correctional facility" shall have the same meaning as found
    16  in subdivision sixteen of section two of the correction law.
    17    (ii) "State correctional facility" shall mean a "correctional  facili-
    18  ty" as defined in subdivision four of section two of the correction law.
    19    (iii) "Secure detention facility" shall mean a secure detention facil-
    20  ity  certified by the office of children and family services pursuant to
    21  section five hundred three of the executive law.
    22    (iv) "Specialized secure detention facility" shall mean a facility for
    23  adolescent offenders certified by the  office  of  children  and  family
    24  services  in consultation with the state commission of correction pursu-
    25  ant to subdivision nine of section five hundred three of  the  executive
    26  law.
    27    (v)  "Facility  for  youth  placed  with or committed to the office of
    28  children and family services" shall mean a facility operated pursuant to
    29  section five hundred four of the executive law.
    30    (f) Any local government agency that utilizes  body  imaging  scanning
    31  equipment  in  a  local  correctional,  or  secure or specialized secure
    32  detention facility under its jurisdiction shall submit an annual  report
    33  to the department, the speaker of the assembly, and the temporary presi-
    34  dent  of  the  senate. If body imaging scanning equipment is utilized in
    35  one or more state correctional facilities or facilities for youth placed
    36  with or committed to the office of children  and  family  services,  the
    37  department  of  corrections  and  community supervision or the office of
    38  children and family services, as  applicable,  shall  submit  an  annual
    39  report to the department, the speaker of the assembly, and the temporary
    40  president  of  the  senate. Such report by [either] the local government
    41  agency [or], the department of corrections and community supervision  or
    42  the  office  of  children  and family services shall be submitted within
    43  eighteen months after the initial date of registration of such equipment
    44  with the department, and annually  thereafter,  and  shall  contain  the
    45  following information as to each such facility:
    46    (i)  [For]  for local correctional facilities, the number of times the
    47  equipment was  used  on  incarcerated  individuals,  or  for  secure  or
    48  specialized  secure detention facilities, the number of times the equip-
    49  ment was used on individuals placed  with,  committed  to,  visiting  or
    50  employed  in  such  facility,  upon  intake,  after visits, and upon the
    51  suspicion of contraband, as well as any other event  that  triggers  the
    52  use  of  such  equipment, and the average, median, and highest number of
    53  times the equipment was used on any [incarcerated] such individual, with
    54  corresponding exposure levels; [and]
    55    (ii) [For] for state correctional facilities or facilities  for  youth
    56  placed  with or committed to the office of children and family services,

        S. 9006--B                         55
 
     1  the number of times the equipment was used on individuals  detained  in,
     2  committed  to,  working in, or visiting the facility upon intake, before
     3  work shift, after work shift, before visits, after visits, and upon  the
     4  suspicion  of  contraband,  as well as any other event that triggers the
     5  use of such equipment, and the average, median, and  highest  number  of
     6  times  the  equipment  was used on any individual detained in, committed
     7  to, working in, or visiting the facility,  with  corresponding  exposure
     8  levels[.];
     9    (iii)  the number of times the use of the equipment detected the pres-
    10  ence of drug contraband, weapon contraband, and  any  other  illegal  or
    11  impermissible object or substance;
    12    (iv)  incidents  or  any injuries or illness resulting from the use of
    13  such equipment or reported by persons scanned by such equipment; and
    14    (v) any other information the department may reasonably require.
    15    § 2. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law; provided, however, that  the  amendments  to
    17  subdivision  6  of section 3502 of the public health law made by section
    18  one of this act shall not affect the  repeal  of  such  subdivision  and
    19  shall be deemed repealed therewith. Effective immediately, the addition,
    20  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    21  implementation of this act on its effective date are  authorized  to  be
    22  made and completed on or before such effective date.

    23                                   PART K
 
    24    Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
    25  amending the social services law relating to restructuring financing for
    26  residential school placements, as amended by section  1  of  part  O  of
    27  chapter 56 of the laws of 2025, is amended to read as follows:
    28    §  3.  This act shall take effect immediately [and shall expire and be
    29  deemed repealed April 1, 2026]; provided however that the amendments  to
    30  subdivision 10 of section 153 of the social services law made by section
    31  one of this act, shall not affect the expiration of such subdivision and
    32  shall be deemed to expire therewith.
    33    §  2.  This  act  shall take effect immediately and shall be deemed to
    34  have been in full force and effect on and after April 1, 2026.
 
    35                                   PART L

    36    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
    37  section  131-o  of  the  social services law, as amended by section 1 of
    38  part R of chapter 56 of the  laws  of  2025,  are  amended  to  read  as
    39  follows:
    40    (a)  in  the  case of each individual receiving family care, an amount
    41  equal to at least [$186.00] $191.00 for each month beginning on or after
    42  January first, two thousand [twenty-five] twenty-six.
    43    (b) in the case of each  individual  receiving  residential  care,  an
    44  amount  equal  to at least [$213.00] $219.00 for each month beginning on
    45  or after January first, two thousand [twenty-five] twenty-six.
    46    (c) in the case of  each  individual  receiving  enhanced  residential
    47  care,  an  amount  equal  to  at  least [$255.00] $262.00 for each month
    48  beginning on or after January first, two thousand [twenty-five]  twenty-
    49  six.
    50    (d) for the period commencing January first, two thousand [twenty-six]
    51  twenty-seven,  the  monthly  personal needs allowance shall be an amount

        S. 9006--B                         56
 
     1  equal to the sum of the amounts set forth in subparagraphs one  and  two
     2  of this paragraph:
     3    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
     4  subdivision; and
     5    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
     6  the  percentage  of  any  federal  supplemental  security income cost of
     7  living adjustment which becomes effective on or after January first, two
     8  thousand [twenty-six] twenty-seven, but prior  to  June  thirtieth,  two
     9  thousand [twenty-six] twenty-seven, rounded to the nearest whole dollar.
    10    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
    11  section 209 of the social services law, as amended by section 2 of  part
    12  R of chapter 56 of the laws of 2025, are amended to read as follows:
    13    (a) On and after January first, two thousand [twenty-five] twenty-six,
    14  for  an eligible individual living alone, [$1,054.00] $1,081.00; and for
    15  an eligible couple living alone, [$1,554.00] $1,595.00.
    16    (b) On and after January first, two thousand [twenty-five] twenty-six,
    17  for an eligible individual living with others with  or  without  in-kind
    18  income,  [$990.00]  $1,017.00;  and  for  an eligible couple living with
    19  others with or without in-kind income, [$1,496.00] $1,537.00.
    20    (c) On and after January first, two thousand [twenty-five] twenty-six,
    21  (i) for  an  eligible  individual  receiving  family  care,  [$1,233.48]
    22  $1,260.48  if  such individual is receiving such care in the city of New
    23  York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii)
    24  for an eligible couple receiving family care in the city of New York  or
    25  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    26  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    27  eligible  individual  receiving  such  care  in  any other county in the
    28  state, [$1,195.48] $1,222.48; and (iv) for an eligible couple  receiving
    29  such  care  in  any  other county in the state, two times the amount set
    30  forth in subparagraph (iii) of this paragraph.
    31    (d) On and after January first, two thousand [twenty-five] twenty-six,
    32  (i) for an eligible individual receiving residential  care,  [$1,402.00]
    33  $1,429.00  if  such individual is receiving such care in the city of New
    34  York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii)
    35  for an eligible couple receiving residential care in  the  city  of  New
    36  York  or  the  county  of  Nassau, Suffolk, Westchester or Rockland, two
    37  times the amount set forth in subparagraph (i)  of  this  paragraph;  or
    38  (iii) for an eligible individual receiving such care in any other county
    39  in  the  state,  [$1,372.00]  $1,399.00; and (iv) for an eligible couple
    40  receiving such care in any other county in  the  state,  two  times  the
    41  amount set forth in subparagraph (iii) of this paragraph.
    42    (e) On and after January first, two thousand [twenty-five] twenty-six,
    43  (i)  for  an  eligible  individual  receiving enhanced residential care,
    44  [$1,661.00]  $1,688.00;  and  (ii)  for  an  eligible  couple  receiving
    45  enhanced  residential  care,  two times the amount set forth in subpara-
    46  graph (i) of this paragraph.
    47    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    48  vision shall be increased to reflect any increases  in  federal  supple-
    49  mental  security income benefits for individuals or couples which become
    50  effective on or after January first, two thousand  [twenty-six]  twenty-
    51  seven but prior to June thirtieth, two thousand [twenty-six] twenty-sev-
    52  en.
    53    § 3. This act shall take effect December 31, 2026.
 
    54                                   PART M

        S. 9006--B                         57
 
     1    Section  1.  Notwithstanding  any  other provision of law, the housing
     2  trust fund corporation may provide, for  purposes  of  the  neighborhood
     3  preservation  program,  a  sum  not to exceed $20,680,000 for the fiscal
     4  year ending March 31, 2027. Within this total amount, $275,000 shall  be
     5  used for the purpose of entering into a contract with  the  neighborhood
     6  preservation   coalition to provide technical assistance and services to
     7  companies funded pursuant to article 16 of the private  housing  finance
     8  law. Notwithstanding any other provision of  law,  and  subject  to  the
     9  approval  of  the  New  York  state director of the budget, the board of
    10  directors of the state of New York mortgage agency shall  authorize  the
    11  transfer  to  the  housing  trust  fund corporation, for the purposes of
    12  reimbursing any costs associated with neighborhood preservation  program
    13  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    14  $20,680,000, such transfer to be made from (i) the  special  account  of
    15  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    16  public authorities law, in an amount not to  exceed  the  actual  excess
    17  balance in the special account of the mortgage insurance fund, as deter-
    18  mined  and  certified  by  the state of New York mortgage agency for the
    19  fiscal year 2025-2026 in accordance with section 2429-b  of  the  public
    20  authorities  law,  if any, and/or (ii) provided that the reserves in the
    21  project pool insurance account of the mortgage  insurance  fund  created
    22  pursuant  to section 2429-b of the public authorities law are sufficient
    23  to attain and maintain the credit rating (as determined by the state  of
    24  New  York  mortgage  agency) required to accomplish the purposes of such
    25  account, the project pool insurance account of  the  mortgage  insurance
    26  fund,  such transfer to be made as soon as practicable but no later than
    27  June 30, 2026.
    28    § 2. Notwithstanding any other provision of  law,  the  housing  trust
    29  fund  corporation  may  provide,  for purposes of the rural preservation
    30  program, a sum not to exceed $9,427,000 for the fiscal year ending March
    31  31, 2027. Within this total amount,  $275,000  shall  be  used  for  the
    32  purpose of entering into a contract with the rural housing coalition  to
    33  provide  technical  assistance and services to companies funded pursuant
    34  to article 17 of the private housing finance  law.  Notwithstanding  any
    35  other  provision  of  law,  and  subject to the approval of the New York
    36  state director of the budget, the board of directors of the state of New
    37  York mortgage agency shall authorize the transfer to the  housing  trust
    38  fund  corporation,  for the purposes of reimbursing any costs associated
    39  with rural preservation program contracts authorized by this section,  a
    40  total  sum  not  to exceed $9,427,000, such transfer to be made from (i)
    41  the special account of the mortgage insurance fund created  pursuant  to
    42  section 2429-b of the public authorities law, in an amount not to exceed
    43  the  actual excess balance in the special account of the mortgage insur-
    44  ance fund, as determined and certified by the state of New York mortgage
    45  agency for the fiscal year 2025-2026 in accordance with  section  2429-b
    46  of  the  public  authorities  law, if any, and/or (ii) provided that the
    47  reserves in the project pool insurance account of the mortgage insurance
    48  fund created pursuant to section 2429-b of the  public  authorities  law
    49  are  sufficient  to attain and maintain the credit rating (as determined
    50  by the state of New York mortgage agency)  required  to  accomplish  the
    51  purposes  of  such  account,  the  project pool insurance account of the
    52  mortgage insurance fund, such transfer to be made as soon as practicable
    53  but no later than June 30, 2026.
    54    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    55  fund  corporation  may provide, for purposes of the rural rental assist-
    56  ance program pursuant to article 17-A of  the  private  housing  finance

        S. 9006--B                         58
 
     1  law,  a  sum  not to exceed $25,382,000 for the fiscal year ending March
     2  31, 2027.  Notwithstanding any other provision of law,  and  subject  to
     3  the  approval of the New York state director of the budget, the board of
     4  directors  of  the state of New York mortgage agency shall authorize the
     5  transfer to the housing trust fund  corporation,  for  the  purposes  of
     6  reimbursing  any  costs  associated with rural rental assistance program
     7  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
     8  $25,382,000,  such  transfer  to be made from (i) the special account of
     9  the mortgage insurance fund created pursuant to section  2429-b  of  the
    10  public  authorities  law,  in  an amount not to exceed the actual excess
    11  balance in the special account of the mortgage insurance fund, as deter-
    12  mined and certified by the state of New York  mortgage  agency  for  the
    13  fiscal  year  2025-2026  in accordance with section 2429-b of the public
    14  authorities law, if any, and/or (ii) provided that the reserves  in  the
    15  project  pool  insurance  account of the mortgage insurance fund created
    16  pursuant to section 2429-b of the public authorities law are  sufficient
    17  to  attain and maintain the credit rating, as determined by the state of
    18  New York mortgage agency, required to accomplish the  purposes  of  such
    19  account,  the  project  pool insurance account of the mortgage insurance
    20  fund, such transfer shall be made as soon as practicable  but  no  later
    21  than June 30, 2026.
    22    §  4. Notwithstanding any other provision of law, the homeless housing
    23  and assistance corporation may provide, for purposes  of  the  New  York
    24  state  supportive  housing  program,  the  solutions to end homelessness
    25  program or the operational support for AIDS housing program, or to qual-
    26  ified grantees under such programs, in accordance with the  requirements
    27  of  such  programs,  a sum not to exceed $74,181,000 for the fiscal year
    28  ending March 31, 2027. The homeless housing and  assistance  corporation
    29  may  enter into an agreement with the office of temporary and disability
    30  assistance to administer such sum in accordance with the requirements of
    31  such programs. Notwithstanding any other provision of law,  and  subject
    32  to  the approval of the New York state director of the budget, the board
    33  of directors of the state of New York mortgage  agency  shall  authorize
    34  the transfer to the homeless housing and assistance corporation, a total
    35  sum  not  to  exceed  $74,181,000, such transfer to be made from (i) the
    36  special account of the  mortgage  insurance  fund  created  pursuant  to
    37  section 2429-b of the public authorities law, in an amount not to exceed
    38  the  actual excess balance in the special account of the mortgage insur-
    39  ance fund, as determined and certified by the state of New York mortgage
    40  agency for the fiscal year 2025-2026 in accordance with  section  2429-b
    41  of  the  public  authorities  law, if any, and/or (ii) provided that the
    42  reserves in the project pool insurance account of the mortgage insurance
    43  fund created pursuant to section 2429-b of the  public  authorities  law
    44  are sufficient to attain and maintain the credit rating as determined by
    45  the  state  of  New  York  mortgage  agency,  required to accomplish the
    46  purposes of such account, the project  pool  insurance  account  of  the
    47  mortgage  insurance fund, such transfer shall be made as soon as practi-
    48  cable but no later than March 31, 2027.
    49    § 5. This act shall take effect immediately.
 
    50                                   PART N
 
    51    Section 1. Paragraph (g) of section 1603 of the not-for-profit  corpo-
    52  ration law, as amended by chapter 508 of the laws of 2018, is amended to
    53  read as follows:

        S. 9006--B                         59
 
     1    (g) Nothing in this article shall be construed to authorize the exist-
     2  ence  of  more  than  [thirty-five] forty-five land banks located in the
     3  state at one time, provided further that each  foreclosing  governmental
     4  unit  or  units  proposing to create a land bank shall submit such local
     5  law,  ordinance  or  resolution  as  required  by  paragraph (a) of this
     6  section, to the  urban  development  corporation,  for  its  review  and
     7  approval. The creation of a land bank shall be conditioned upon approval
     8  of the urban development corporation.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART O
 
    11    Section  1.  Section  489  of  the real property tax law is amended by
    12  adding a new subdivision 22 to read as follows:
    13    22. (a) Definitions. For the purposes of this subdivision:
    14    (1) "Affordable rent" shall mean the maximum rent within the marketing
    15  band that is allowed for an affordable  rental  unit  as  such  rent  is
    16  established by the local housing agency.
    17    (2) "Affordable rental unit" shall mean a dwelling unit in an eligible
    18  rental  building  that, as of the filing of an application for a certif-
    19  icate of eligibility and reasonable cost, has a rent  at  or  below  the
    20  affordable rent.
    21    (3) "Area median income" shall mean the income limits as defined annu-
    22  ally  by  the  United States department of housing and urban development
    23  for the New York city area.
    24    (4) "Certificate of eligibility and  reasonable  cost"  shall  mean  a
    25  document  issued  by  the  local  housing agency that establishes that a
    26  property is eligible for rehabilitation program benefits and sets  forth
    27  the  certified  reasonable  cost  of the eligible construction for which
    28  such benefits shall be received.
    29    (5) "Certified reasonable cost schedule" shall mean a table  providing
    30  maximum dollar limits for specified alterations and improvements, estab-
    31  lished, and updated at least every two years, by the local housing agen-
    32  cy.
    33    (6)  "Checklist"  shall  mean a document that the local housing agency
    34  issues requesting additional information or documentation that is neces-
    35  sary for further assessment of  an  application  for  a  certificate  of
    36  eligibility  and  reasonable  cost  where such application contained all
    37  information and documentation required at the initial filing.
    38    (7)  "Commencement  date"  shall  mean,  with  respect   to   eligible
    39  construction,  the  date  on which any physical operation undertaken for
    40  the purpose of performing such eligible construction lawfully begins.
    41    (8)  "Completion  date"  shall  mean,   with   respect   to   eligible
    42  construction, the date on which:
    43    (A)  every physical operation undertaken for the purpose of all eligi-
    44  ble construction has concluded; and
    45    (B) all such eligible construction has been completed to a  reasonable
    46  and  customary  standard that renders such eligible construction capable
    47  of use  for  the  purpose  for  which  such  eligible  construction  was
    48  intended.
    49    (9)  "Dwelling  unit"  shall  mean  any residential accommodation in a
    50  class A multiple dwelling that:
    51    (A) is arranged, designed, used or intended for use  by  one  or  more
    52  persons living together and maintaining a common household;
    53    (B) contains at least one room; and

        S. 9006--B                         60

     1    (C)  contains  within  such  accommodation lawful sanitary and kitchen
     2  facilities reserved for its occupants.
     3    (10)  "Eligible  building"  shall mean an eligible rental building, an
     4  eligible homeownership building, or an eligible regulated  homeownership
     5  building,  provided  that  such building contains three or more dwelling
     6  units.
     7    (11) "Eligible construction" shall mean alterations or improvements to
     8  an eligible building that:
     9    (A) are specifically identified on the certified reasonable cost sche-
    10  dule;
    11    (B) meet the minimum scope of work threshold;
    12    (C) have a completion date that is on or  after  June  thirtieth,  two
    13  thousand twenty-six and prior to June thirtieth, two thousand thirty-six
    14  that is not more than thirty months after their commencement date; and
    15    (D) are not attributable to any increased cubic content in such eligi-
    16  ble building.
    17    (12) "Eligible homeownership building" shall mean an existing building
    18  that:
    19    (A)  is a class A multiple dwelling operated as condominium or cooper-
    20  ative housing;
    21    (B) is not operating in whole or in part as a hotel; and
    22    (C) has an average assessed valuation, including the valuation of  the
    23  land, that as of the commencement date does not exceed the homeownership
    24  average assessed valuation limitation.
    25    (13)  "Eligible regulated homeownership building" shall mean an exist-
    26  ing building that is a class A multiple dwelling owned and  operated  by
    27  either:
    28    (A)  a mutual company that continues to be organized and operated as a
    29  mutual company and that has entered into and recorded a  mutual  company
    30  regulatory agreement; or
    31    (B)  a mutual redevelopment company that continues to be organized and
    32  operated as a mutual redevelopment company and that has entered into and
    33  recorded a mutual redevelopment company regulatory agreement.
    34    (14) "Eligible rental building" shall mean an existing building that:
    35    (A) is a class A multiple dwelling in which all of the dwelling  units
    36  are operated as rental housing;
    37    (B) is not operating in whole or in part as a hotel; and
    38    (C) satisfies one of the following conditions:
    39    (i) not less than fifty percent of the dwelling units in such building
    40  are affordable rental units;
    41    (ii) not less than ninety percent of the dwelling units in such build-
    42  ing are subject to rent regulation;
    43    (iii)  such building is owned and operated by a limited-profit housing
    44  company; or
    45    (iv) such  building  is  the  recipient  of  substantial  governmental
    46  assistance.
    47    (15) "Existing building" shall mean an enclosed structure which:
    48    (A) is permanently affixed to the land;
    49    (B) has one or more floors and a roof;
    50    (C) is bounded by walls;
    51    (D) has at least one principal entrance utilized for day-to-day pedes-
    52  trian ingress and egress;
    53    (E)  has  a certificate of occupancy or equivalent document that is in
    54  effect prior to the commencement date; and

        S. 9006--B                         61
 
     1    (F) exclusive of the land, has an assessed valuation of more than  one
     2  thousand dollars for the fiscal year immediately preceding the commence-
     3  ment date.
     4    (16)  "Homeownership average assessed valuation limitation" shall mean
     5  an average assessed  valuation  of  seventy-five  thousand  dollars  per
     6  dwelling unit, adjusted annually to reflect any increase in the consumer
     7  price  index  for  all urban consumers for all items as published by the
     8  United States bureau of labor statistics for the  region  in  which  the
     9  eligible building is located, as established for the most recent preced-
    10  ing calendar year.
    11    (17)  "Limited-profit  housing company" shall have the same meaning as
    12  "company" as defined in section twelve of the  private  housing  finance
    13  law.
    14    (18)  "Market  rental  unit" shall mean a dwelling unit in an eligible
    15  rental building other than an affordable rental unit.
    16    (19) "Marketing band" shall mean maximum  rent  amounts  ranging  from
    17  twenty percent of eighty percent of the area median income, adjusted for
    18  family  size,  to  thirty  percent  of eighty percent of the area median
    19  income, adjusted for family size.
    20    (20) "Minimum scope of work threshold" shall mean a  total  amount  of
    21  certified  reasonable  cost established by rules, regulations, and guid-
    22  ance documents of the local housing agency, provided  that  such  amount
    23  shall  be no less than one thousand five hundred dollars for each dwell-
    24  ing unit in existence on the completion date.
    25    (21) "Multiple dwelling" shall  have  the  meaning  as  such  term  is
    26  defined in section four of the multiple dwelling law.
    27    (22)  "Mutual  company" shall have the meaning as such term is defined
    28  in section twelve of the private housing finance law.
    29    (23) "Mutual company regulatory agreement" shall mean  a  binding  and
    30  irrevocable  agreement  between a mutual company and the commissioner of
    31  housing, the mutual company supervising agency, the New York city  hous-
    32  ing development corporation, or the New York state housing finance agen-
    33  cy  prohibiting the dissolution or reconstitution of such mutual company
    34  pursuant to section thirty-five of the private housing finance  law  for
    35  not  less  than  fifteen  years  from the commencement of rehabilitation
    36  program benefits for the existing building owned and  operated  by  such
    37  mutual company.
    38    (24)  "Mutual company supervising agency" shall have the same meaning,
    39  with respect to any mutual company, as "supervising agency"  as  defined
    40  in section two of the private housing finance law.
    41    (25)  "Mutual  redevelopment  company"  shall have the same meaning as
    42  "mutual company" when applied to a redevelopment company as  defined  in
    43  section one hundred two of the private housing finance law.
    44    (26)  "Mutual redevelopment company regulatory agreement" shall mean a
    45  binding and irrevocable agreement between a mutual redevelopment company
    46  and the commissioner of housing, the redevelopment  company  supervising
    47  agency,  the  New  York city housing development corporation, or the New
    48  York state housing finance agency prohibiting the dissolution or  recon-
    49  stitution  of  such mutual redevelopment company pursuant to section one
    50  hundred twenty-three of the private housing finance law until the earli-
    51  er of:
    52    (A) fifteen years from  the  commencement  of  rehabilitation  program
    53  benefits  for  the  existing  building owned and operated by such mutual
    54  redevelopment company; or

        S. 9006--B                         62
 
     1    (B) the expiration of any tax exemption granted to such  mutual  rede-
     2  velopment  company  pursuant  to  section one hundred twenty-five of the
     3  private housing finance law.
     4    (27)  "Redevelopment company" shall have the same meaning as such term
     5  is defined in section one hundred two of  the  private  housing  finance
     6  law.
     7    (28)  "Redevelopment  company  supervising agency" shall have the same
     8  meaning, with respect to  any  redevelopment  company,  as  "supervising
     9  agency"  as  defined  in  section one hundred two of the private housing
    10  finance law.
    11    (29) "Rehabilitation program benefits" shall mean  abatement  of  real
    12  property taxes pursuant to this subdivision.
    13    (30) "Rent regulation" shall mean, collectively, the emergency housing
    14  rent  control law, any local law enacted pursuant to the local emergency
    15  housing rent control act, the rent stabilization law of nineteen hundred
    16  sixty-nine, the  rent  stabilization  code,  and  the  emergency  tenant
    17  protection  act  of  nineteen  seventy-four,  all as in effect as of the
    18  effective date of this subdivision, or as any such  statute  is  amended
    19  thereafter, together with any successor statutes or regulations address-
    20  ing substantially the same subject matter.
    21    (31)  "Restriction period" shall mean, notwithstanding any termination
    22  or revocation of rehabilitation program benefits prior to  such  period,
    23  fifteen  years  from  the initial receipt of rehabilitation benefits, or
    24  such additional period of time as may be imposed pursuant to clause  (A)
    25  of subparagraph five of paragraph (e) of this subdivision.
    26    (32)  "Substantial  governmental assistance" shall mean grants, loans,
    27  or subsidies from any federal, state,  or  local  government  agency  or
    28  instrumentality  in  furtherance  of  a  program  for the development of
    29  affordable housing approved by the local housing agency,  provided  that
    30  such grants, loans, or subsidies are provided in accordance with a regu-
    31  latory  agreement  entered into with such agency or instrumentality that
    32  is in effect as of the filing date of the application for a  certificate
    33  of eligibility and reasonable cost.
    34    (33)  "Substantial  interest"  shall mean an ownership interest of ten
    35  percent or more.
    36    (b) Abatement. Notwithstanding the provisions of any other subdivision
    37  of this section or of any general, special, or local law to the  contra-
    38  ry,  in  a  city  with a population of one million persons or more, real
    39  property taxes on an eligible building in  which  eligible  construction
    40  has  been  completed may be abated by an aggregate amount that shall not
    41  exceed one hundred percent of the total  certified  reasonable  cost  of
    42  such  construction  plus  an  amount  equivalent  to the filing fee paid
    43  pursuant to subparagraph three of paragraph (d) of this subdivision,  as
    44  determined under rules, regulations, and guidance documents of the local
    45  housing agency, provided that:
    46    (1) Such abatement shall not be effective for more than twenty years;
    47    (2)  The  annual  abatement  of  real  property taxes on such eligible
    48  building shall not exceed eight  and  one-third  percent  of  the  total
    49  certified reasonable cost of such eligible construction;
    50    (3)  The  annual  abatement  of  real  property taxes on such eligible
    51  building in any consecutive twelve-month period shall in no event exceed
    52  the amount of real property taxes payable in  such  twelve-month  period
    53  for  such  building,  provided,  however,  that such abatement shall not
    54  exceed fifty percent of the amount of real  property  taxes  payable  in
    55  such twelve-month period for any of the following:

        S. 9006--B                         63
 
     1    (A)  an  eligible  rental  building  owned by a limited-profit housing
     2  company or a redevelopment company;
     3    (B) an eligible homeownership building; and
     4    (C) an eligible regulated homeownership building; and
     5    (4)  Such  abatement  shall  become effective beginning with the first
     6  quarterly tax bill immediately following the date  of  issuance  of  the
     7  certificate of eligibility and reasonable cost.
     8    (c)  Guidance and rulemaking. Each agency or department to which func-
     9  tions are assigned by this subdivision may adopt and  promulgate  rules,
    10  regulations,  and guidance documents for the effectuation of the purpose
    11  of this subdivision.
    12    (d) Application. (1) An application for a certificate  of  eligibility
    13  and reasonable cost pursuant to this subdivision shall be made after the
    14  completion  date  and on or before the later of (A) four months from the
    15  effective date of  this  subdivision;  or  (B)  four  months  from  such
    16  completion date.
    17    (2)  Such  application shall include evidence of eligibility for reha-
    18  bilitation program benefits and evidence of reasonable cost as shall  be
    19  satisfactory  to the local housing agency including, but not limited to,
    20  evidence showing the cost of eligible construction.
    21    (3) The local housing agency shall require a non-refundable filing fee
    22  that shall be paid by a certified check  or  cashier's  check  upon  the
    23  filing of an application for a certificate of eligibility and reasonable
    24  cost.  Such  fee shall be seventy-five dollars for each dwelling unit in
    25  the eligible building that is the subject of such  application,  but  no
    26  more  than  twenty  thousand dollars for each application, with such fee
    27  for each dwelling unit and maximum fee adjusted annually to reflect  any
    28  increase  in  the  consumer  price index for all urban consumers for all
    29  items as published by the United States bureau of labor  statistics  for
    30  the region in which the eligible building is located, as established for
    31  the most recent preceding calendar year. For an application for rehabil-
    32  itation program benefits that has been approved, an amount equivalent to
    33  the  filing  fee paid pursuant to this subparagraph shall be included in
    34  the aggregate amount abated under this subdivision.
    35    (4) Any application that is filed pursuant to this paragraph  that  is
    36  missing  any  of  the  information and documentation required at initial
    37  filing by any rules, regulations, and guidance documents  of  the  local
    38  housing  agency shall be denied, provided that a new application for the
    39  same eligible construction, together with a  new  non-refundable  filing
    40  fee,  may  be  filed within fifteen days of the date of issuance of such
    41  denial. If such second application is also  missing  any  such  required
    42  information  and documentation, it shall be denied and no further appli-
    43  cations for the same eligible construction shall be permitted.
    44    (5) The failure of an applicant to respond  to  any  checklist  within
    45  thirty  days  of  the  date  of its issuance by the local housing agency
    46  shall result in denial of such application, and no further  applications
    47  for the same eligible construction shall be permitted. The local housing
    48  agency  shall  issue  not more than three checklists per application. An
    49  application for a certificate of eligibility and reasonable  cost  shall
    50  be denied when the local housing agency does not have a sufficient basis
    51  to  issue  a  certificate  of  eligibility and reasonable cost after the
    52  timely response of an applicant to the third checklist  concerning  such
    53  application.  After  the  local housing agency has denied an application
    54  for the reason described in the preceding sentence,  such  agency  shall
    55  permit no further applications for the same eligible construction.

        S. 9006--B                         64
 
     1    (6)  An  application  for  a certificate of eligibility and reasonable
     2  cost shall also include an affidavit of no harassment.
     3    (A) Such affidavit shall set forth the following information:
     4    (i)  the  name  of  every  owner  of record and owner of a substantial
     5  interest in the eligible building or entity owning the eligible building
     6  or sponsoring the eligible construction; and
     7    (ii) a statement that none of such persons had, within the five  years
     8  prior  to the completion date, been found to have harassed or unlawfully
     9  evicted tenants by judgment or  determination  of  a  court  or  agency,
    10  including  a  non-governmental agency having appropriate legal jurisdic-
    11  tion under the penal law, any state or local law  regulating  rents,  or
    12  any  state  or  local  law relating to harassment of tenants or unlawful
    13  eviction.
    14    (B) No eligible building shall be eligible for an  abatement  pursuant
    15  to paragraph (b) of this subdivision where:
    16    (i) any affidavit required under this subparagraph has not been filed;
    17  or
    18    (ii)  any such affidavit contains a willful misrepresentation or omis-
    19  sion of any material fact; or
    20    (iii) any owner of record or owner of a substantial  interest  in  the
    21  eligible  building  or entity owning the eligible building or sponsoring
    22  the eligible construction has been found, by judgment  or  determination
    23  of  a court or agency, including a non-governmental agency having appro-
    24  priate legal jurisdiction under the penal law, any state  or  local  law
    25  regulating  rents,  or  any state or local law relating to harassment of
    26  tenants or unlawful eviction, to have, within the five  years  prior  to
    27  the  completion  date, harassed or unlawfully evicted tenants, until and
    28  unless the finding is reversed on appeal.
    29    (C) Notwithstanding the provisions of any general, special,  or  local
    30  law  to  the  contrary, the corporation counsel or other legal represen-
    31  tative of a city having a population of  one  million  or  more  or  the
    32  district  attorney  of any county located in a city with a population of
    33  one million or more, may institute an action or proceeding in any  court
    34  of competent jurisdiction that may be appropriate or necessary to deter-
    35  mine  whether  any owner of record or owner of a substantial interest in
    36  the eligible building or entity owning the eligible building or sponsor-
    37  ing the eligible construction has harassed or unlawfully evicted tenants
    38  as described in this subparagraph.
    39    (7) Notwithstanding the provisions of any general, special,  or  local
    40  law  to  the  contrary,  the  local housing agency may require by rules,
    41  regulations, and guidance documents that an application  for  a  certif-
    42  icate of eligibility and reasonable cost be filed electronically.
    43    (8)  The  local housing agency may require an applicant to demonstrate
    44  compliance with the housing maintenance code. If hazardous or immediate-
    45  ly hazardous violations exist, the local housing agency may require  the
    46  applicant  to  remediate  such violations and may impose a penalty in an
    47  amount set forth in rules, regulations, and guidance  documents  if  the
    48  applicant fails to clear the violation.
    49    (e) Additional requirements for an eligible rental building other than
    50  one  owned and operated by a limited-profit housing company. In addition
    51  to all other conditions of eligibility for rehabilitation program  bene-
    52  fits  set  forth in this subdivision, an eligible rental building, other
    53  than one owned and operated by a limited-profit housing  company,  shall
    54  also  comply  with all provisions of this paragraph. Notwithstanding the
    55  foregoing, an eligible rental building that is the recipient of substan-

        S. 9006--B                         65
 
     1  tial governmental assistance shall not be required to  comply  with  the
     2  provisions of subparagraph two of this paragraph.
     3    (1)  Notwithstanding any provision of rent regulation to the contrary,
     4  any market rental unit within such eligible rental building  subject  to
     5  rent  regulation  as of the filing date of the application for a certif-
     6  icate of eligibility and reasonable cost and any affordable rental  unit
     7  within such eligible rental building shall be subject to rent regulation
     8  until  such  unit  first  becomes  vacant  after  the  expiration of the
     9  restriction period at which time such unit, unless it would  be  subject
    10  to  rent regulation for reasons other than the provisions of this subdi-
    11  vision,  shall  be  deregulated,  provided,  however,  that  during  the
    12  restriction  period,  no  exemption or exclusion from any requirement of
    13  rent regulation shall apply to such dwelling units.
    14    (2) Additional requirements for an eligible rental  building  that  is
    15  not a recipient of substantial governmental assistance.
    16    (A) Not less than fifty percent of the dwelling units in such eligible
    17  rental building shall be designated as affordable rental units.
    18    (B)  The  owner  of such eligible rental building shall ensure that no
    19  affordable rental unit is held off the market for a period that is long-
    20  er than reasonably necessary.
    21    (C) The owner  of  such  eligible  rental  building  shall  waive  the
    22  collection of any major capital improvement rent increase granted by the
    23  New  York  state  division  of housing and community renewal pursuant to
    24  rent regulation that is attributable to eligible construction for  which
    25  such  eligible rental building receives rehabilitation program benefits,
    26  and shall file a declaration with the New York state division of housing
    27  and community renewal providing such waiver. The  local  housing  agency
    28  shall not require an owner to file such waiver until the application for
    29  rehabilitation program benefits has been approved.
    30    (D)  An  affordable  rental  unit  shall not be rented on a temporary,
    31  transient or short-term basis. Every lease and renewal  thereof  for  an
    32  affordable  rental  unit shall be for a term of one or two years, at the
    33  option of the tenant, and shall include a notice  in  at  least  twelve-
    34  point type informing such tenant of their rights pursuant to this subdi-
    35  vision,  including  an explanation of the restrictions on rent increases
    36  that may be imposed on such affordable rental unit.
    37    (E) The local housing agency may establish by rules, regulations,  and
    38  guidance  documents  such requirements as the local housing agency deems
    39  necessary  or  appropriate  for  designating  affordable  rental  units,
    40  including, but not limited to, designating the unit mix and distribution
    41  requirements of such affordable rental units in an eligible building.
    42    (3)  The owner of such eligible rental building shall not engage in or
    43  cause any harassment of the tenants of such eligible rental building  or
    44  unlawfully evict any such tenants during the restriction period.
    45    (4)  No  dwelling  units within such eligible rental building shall be
    46  converted to cooperative or condominium ownership during the restriction
    47  period.
    48    (5) Any  non-compliance  of  an  eligible  rental  building  with  the
    49  provisions  of  this  paragraph shall permit the local housing agency to
    50  take the following action:
    51    (A) extend the restriction period;
    52    (B) increase the number of affordable rental units  in  such  eligible
    53  rental building;
    54    (C)  impose  a  penalty  of  not more than the product of one thousand
    55  dollars per instance of non-compliance and the number of dwelling  units
    56  contained in such eligible rental building; and

        S. 9006--B                         66
 
     1    (D) terminate or revoke any rehabilitation program benefits in accord-
     2  ance with paragraph (p) of this subdivision.
     3    (f)  Compliance  with  applicable law. Rehabilitation program benefits
     4  shall not be allowed for any eligible building  unless  and  until  such
     5  eligible  building complies with all applicable provisions of law. Reha-
     6  bilitation program benefits shall not be allowed if  the  local  housing
     7  agency  determines  that  eligible  construction  was not carried out in
     8  conformity with all applicable provisions of law.
     9    (g) Tenant notification. Notwithstanding any provision of this section
    10  to the contrary, no rehabilitation program benefits shall be granted for
    11  any eligible construction with a  commencement  date  on  or  after  the
    12  effective  date  of  this  subdivision  unless the applicant provides to
    13  tenants, if any, of such eligible building not  more  than  one  hundred
    14  eighty  days  nor  less than thirty days prior to the commencement date,
    15  notice of the following information:
    16    (1) The proposed work;
    17    (2) The identity and contact information of  the  eligible  building's
    18  representative; and
    19    (3)  The  tenants'  rights  under  applicable law with respect to such
    20  work; provided that, in the case of a loan  program  supervised  by  the
    21  local housing agency, such agency may provide the required notice to the
    22  tenants.
    23    (h) Notice of intent. An applicant for rehabilitation program benefits
    24  for  any  eligible construction with a commencement date on or after the
    25  effective date of this subdivision shall file  with  the  local  housing
    26  agency a form supplied by such agency which:
    27    (1) States an intention to file for rehabilitation program benefits;
    28    (2)  Describes the work for which rehabilitation program benefits will
    29  be claimed;
    30    (3) Estimates the cost of such work which will be eligible  for  reha-
    31  bilitation program benefits; and
    32    (4)  Provides proof of the notice required under paragraph (g) of this
    33  subdivision. Such form shall be filed prior to the commencement date. If
    34  the scope of such work or the estimated cost thereof changes materially,
    35  such applicant shall file a revised notice of intent. An  applicant  who
    36  fails  to  comply  with  the  requirements  of this subdivision shall be
    37  subject to a penalty not to exceed one hundred percent of the filing fee
    38  otherwise payable pursuant to subparagraph three  of  paragraph  (d)  of
    39  this subdivision.
    40    (i)  Implementation  of rehabilitation program benefits. Upon issuance
    41  of a certificate of eligibility  and  reasonable  cost  and  payment  of
    42  outstanding fees, the local housing agency shall be authorized to trans-
    43  mit  such  certificate  of  eligibility and reasonable cost to the local
    44  agency responsible for real property tax assessment. Upon receipt  of  a
    45  certificate of eligibility and reasonable cost, the local agency respon-
    46  sible for real property tax assessment shall certify the amount of taxes
    47  to  be abated pursuant to paragraph (b) of this subdivision and pursuant
    48  to such certificate of eligibility and reasonable cost provided  by  the
    49  local housing agency.
    50    (j)  Outstanding  taxes  and  charges. Rehabilitation program benefits
    51  shall not be allowed for an eligible building in either of the following
    52  cases:
    53    (1) there are outstanding real estate taxes or water and sewer charges
    54  or payments in lieu of taxes that are due and owing as of the  last  day
    55  of  the  tax period preceding the date of the receipt of the certificate

        S. 9006--B                         67
 
     1  of eligibility and reasonable cost by the local agency  responsible  for
     2  real property tax assessment; or
     3    (2)  real  estate  taxes  or  water  and sewer charges due at any time
     4  during the authorized term of such benefits remain unpaid for  one  year
     5  after the same are due and payable.
     6    (k)  Additional limitations on eligibility. (1) Rehabilitation program
     7  benefits shall not be allowed for any eligible  building  receiving  tax
     8  exemption   or   abatement   concurrently   for  rehabilitation  or  new
     9  construction under any other provision of state or local  law  or  ordi-
    10  nance,  including any other subdivision of this section, with the excep-
    11  tion of any eligible construction to an eligible  building  receiving  a
    12  tax  exemption  or abatement under the provisions of the private housing
    13  finance law;
    14    (2) Rehabilitation program benefits shall not be allowed for any  item
    15  of eligible construction in an eligible building if such eligible build-
    16  ing  is  receiving  tax exemption or abatement for the same or a similar
    17  item of eligible construction as of the December thirty-first  preceding
    18  the  date of application for a certificate of eligibility and reasonable
    19  cost for such rehabilitation program benefits;
    20    (3) Where the eligible construction includes or benefits a portion  of
    21  an  eligible  building  that  is not occupied for dwelling purposes, the
    22  assessed valuation of such eligible building and the cost of the  eligi-
    23  ble  construction  shall  be  apportioned so that rehabilitation program
    24  benefits shall not be provided for eligible construction made for  other
    25  than dwelling purposes; and
    26    (4)  Rehabilitation program benefits shall not be applied to abate the
    27  taxes upon the land portion of real property, which shall continue to be
    28  taxed based upon the assessed valuation of the land and  the  applicable
    29  tax rate at the time such taxes are levied.
    30    (l)  Re-inspection  penalty. If the local housing agency cannot verify
    31  the eligible  construction  claimed  by  an  applicant  upon  the  first
    32  inspection  by  the  local housing agency of the eligible building, such
    33  applicant shall be required to pay ten times  the  actual  cost  of  any
    34  additional inspection needed to verify such eligible construction.
    35    (m) Strict liability for inaccurate applications. If the local housing
    36  agency  determines  that an application for a certificate of eligibility
    37  and reasonable cost contains a material misstatement of fact or omission
    38  of fact, the local housing agency may reject such  application  and  bar
    39  the  submission  of  any  other application pursuant to this subdivision
    40  with respect to such eligible building for a period not to exceed  three
    41  years.    An  applicant  shall not be relieved from liability under this
    42  paragraph because it submitted its application under a  mistaken  belief
    43  of  fact.    Furthermore,  any person or entity that files more than six
    44  applications containing such a material misstatement of fact or omission
    45  of fact within any twelve-month period shall be barred  from  submitting
    46  any new application for rehabilitation program benefits on behalf of any
    47  eligible building for a period not to exceed five years.
    48    (n)  False  statements.  Any  person who shall knowingly and willfully
    49  make any false statement or omission as to any material  matter  in  any
    50  application  for  a certificate of eligibility and reasonable cost shall
    51  be guilty of an offense punishable by a  fine  of  not  more  than  five
    52  hundred dollars, or imprisonment for not more than ninety days, or both.
    53    (o) Investigatory authority. The local housing agency may require such
    54  certifications and consents necessary to access records, including other
    55  tax  records,  as  may  be deemed appropriate to enforce the eligibility
    56  requirements of this subdivision. For purposes of determining and certi-

        S. 9006--B                         68
 
     1  fying eligibility for rehabilitation program benefits and the reasonable
     2  cost of any eligible construction, the local  housing  agency  shall  be
     3  authorized to:
     4    (1)  administer oaths to and take the testimony of any person, includ-
     5  ing, but not limited to, the owner of such eligible building;
     6    (2) issue subpoenas requiring the attendance of such persons  and  the
     7  production of any bills, books, papers or other documents as it may deem
     8  necessary;
     9    (3)  make preliminary estimates of the maximum reasonable cost of such
    10  eligible construction;
    11    (4) establish maximum allowable costs of specified units, fixtures  or
    12  work in such eligible construction;
    13    (5)  require the submission of plans and specifications of such eligi-
    14  ble construction before the commencement thereof;
    15    (6) require physical access to inspect the eligible building; and
    16    (7) on an annual basis, require  the  submission  of  leases  for  any
    17  dwelling  unit  in  a  building granted a certificate of eligibility and
    18  reasonable cost.
    19    (p) Termination or revocation. Failure to comply with  the  provisions
    20  of  this  subdivision,  any  rules,  regulations, and guidance documents
    21  promulgated thereunder, or any mutual company  regulatory  agreement  or
    22  mutual  redevelopment  company  regulatory agreement entered into there-
    23  under, may result in termination or  revocation  of  any  rehabilitation
    24  program  benefits  retroactive  to the commencement thereof. Such termi-
    25  nation or revocation  shall  not  exempt  such  eligible  building  from
    26  continued  compliance  with  the  requirements of this subdivision, such
    27  rules, regulations, and guidance  documents,  and  such  mutual  company
    28  regulatory  agreement  or mutual redevelopment company regulatory agree-
    29  ment.
    30    (q) Criminal liability for unauthorized uses. In the  event  that  any
    31  recipient  of  rehabilitation program benefits uses any dwelling unit in
    32  such eligible building in violation of the requirements of any rules and
    33  regulations promulgated pursuant to  this  subdivision,  such  recipient
    34  shall  be  guilty of an unclassified misdemeanor punishable by a fine in
    35  an amount equivalent to double the value of the gain of  such  recipient
    36  from such unlawful use or imprisonment for not more than ninety days, or
    37  both.
    38    (r)  Private  right  of  action.  Any  prospective, present, or former
    39  tenant of an eligible rental building may sue to  enforce  the  require-
    40  ments and prohibitions of this subdivision, or any rules and regulations
    41  promulgated thereunder, in the supreme court of New York. Any such indi-
    42  vidual harmed by reason of a violation of such requirements and prohibi-
    43  tions  may  sue  therefor  in the supreme court of New York on behalf of
    44  themselves, and shall recover threefold the damages  sustained  and  the
    45  cost of the suit, including a reasonable attorney's fee. The local hous-
    46  ing  agency  may  use  any  court  decision under this paragraph that is
    47  adverse to the owner of an eligible building as the  basis  for  further
    48  enforcement  action.  Notwithstanding  any  other  provision  of law, an
    49  action by a tenant of an eligible rental building under  this  paragraph
    50  shall  be  commenced  within  six  years  from  the  date  of the latest
    51  violation.
    52    (s) Appointment of receiver. In addition to the remedies for  non-com-
    53  pliance  provided  for  in  subparagraph  five  of paragraph (e) of this
    54  subdivision, the local housing  agency  may  make  application  for  the
    55  appointment of a receiver in accordance with the procedures contained in
    56  applicable rules, regulations, and guidance documents of the local hous-

        S. 9006--B                         69
 
     1  ing  agency.  Any receiver appointed pursuant to this paragraph shall be
     2  authorized, in addition to any other powers conferred by law, to  effect
     3  compliance  with  the  provisions  of  this subdivision and rules, regu-
     4  lations, and guidance documents of the local housing agency. Any expend-
     5  itures  incurred by the receiver to effect such compliance shall consti-
     6  tute a debt of the owner and a lien upon  the  property,  and  upon  the
     7  rents and income thereof, in accordance with the procedures contained in
     8  such rules, regulations, and guidance documents. The local housing agen-
     9  cy  in  its discretion may provide funds to be expended by the receiver,
    10  and such funds shall constitute a debt recoverable  from  the  owner  in
    11  accordance with applicable local laws or ordinances.
    12    (t)  Reporting.  No  later  than two years after the effective date of
    13  this subdivision, and annually thereafter, the local housing agency,  in
    14  consultation  with  the department of finance, shall submit to the mayor
    15  and the speaker of the council and post on its website a report  on  the
    16  actions by the local housing agency in the preceding fiscal year related
    17  to  rehabilitation  program benefits. Such report shall include, but not
    18  be limited to:
    19    (1) The total amount of the rehabilitation program  benefits  approved
    20  for  each  eligible  building,  the number of eligible buildings in each
    21  community district, neighborhood tabulation area, council district,  New
    22  York  state  assembly  district, and New York state senate district, the
    23  building classification, in accordance with section three hundred two of
    24  the New York city building code, of each  such  eligible  building,  the
    25  number  of dwelling units in each such eligible building, and the number
    26  of qualifying rental units in each such eligible building; and
    27    (2) The number of  eligible  buildings  whose  rehabilitation  program
    28  benefits were terminated or revoked and the number of eligible buildings
    29  against  which  actions were taken, pursuant to clauses (A), (B) and (C)
    30  of subparagraph five of paragraph (e) of this  subdivision,  to  address
    31  noncompliance  with  the  provisions of such subdivision, and the street
    32  address of each such eligible building.
    33    (u) Updates to the certified reasonable cost schedule.  When  updating
    34  the  certified  reasonable cost schedule, the local housing agency shall
    35  consider the factors such agency deems relevant, such  as  the  require-
    36  ments  imposed  on  eligible  buildings by local law, including, but not
    37  limited to, articles three hundred two, three hundred twenty  and  three
    38  hundred  twenty-one of chapter three of title twenty-eight of the admin-
    39  istrative code of the city of New York, and the effects of inflation  on
    40  such  costs  since the prior date the certified reasonable cost schedule
    41  was updated. The  local  housing  agency  shall  publish  the  certified
    42  reasonable cost schedule on its website.
    43    § 2. This act shall take effect immediately.
 
    44                                   PART P
 
    45    Section 1. The opening paragraph of subdivision 2 of section 241.05 of
    46  the  penal  law, as added by chapter 573 of the laws of 2019, is amended
    47  to read as follows:
    48    With intent to induce two or more  rent  regulated  tenants  occupying
    49  different  housing  accommodations  in  one residential building, or two
    50  rent regulated tenants occupying different housing accommodations in two
    51  separate residential buildings, to vacate such  housing  accommodations,
    52  such  owner  intentionally  engages  in  a  systematic ongoing course of
    53  conduct that:

        S. 9006--B                         70
 
     1    § 2. The penal law is amended by adding a new section 241.07  to  read
     2  as follows:
     3  § 241.07 Aggravated harassment of a rent regulated tenant.
     4    An owner is guilty of aggravated harassment of a rent regulated tenant
     5  when:
     6    1.  With intent to induce three or more rent regulated tenants occupy-
     7  ing different housing accommodations in two or more  residential  build-
     8  ings  to  vacate  such  housing accommodations, such owner intentionally
     9  engages in a systematic ongoing course of conduct that:
    10    (a) impairs the habitability of such housing accommodations; or
    11    (b) creates or maintains a condition which  endangers  the  safety  or
    12  health of one or more of the dwellings' rent regulated tenants; or
    13    (c) is reasonably likely to interfere with or disturb, and does inter-
    14  fere with or disturb, the comfort, repose, peace or quiet of one or more
    15  of  such rent regulated tenants in their use and occupancy of such hous-
    16  ing accommodation including, but not limited  to,  the  interruption  or
    17  discontinuance of essential services.
    18    2.  Such  owner  commits  the  crime of harassment of a rent regulated
    19  tenant in the first degree as defined in section 241.05 of this  article
    20  and  has  previously  been  convicted within the preceding five years of
    21  such crime.
    22    The good faith commencement and pursuit of a lawful eviction action by
    23  an owner against a rent regulated tenant in a court of competent  juris-
    24  diction shall not, by itself, constitute a "systematic ongoing course of
    25  conduct"  in  violation  of  paragraph  (c)  of  subdivision one of this
    26  section.
    27    Aggravated harassment of a rent regulated tenant is a class D felony.
    28    § 3. Section 241.00 of the penal law is amended by adding a new subdi-
    29  vision 4 to read as follows:
    30    4. "Residential building" shall mean a structure built upon  an  iden-
    31  tifiable  borough-block-lot  or  section-block-lot  number that contains
    32  multiple dwelling units, at least one of which is subject to  the  regu-
    33  lations  and  control of residential rents and evictions pursuant to the
    34  emergency housing rent control law, the  local  emergency  housing  rent
    35  control  act,  the  emergency tenant protection act of nineteen seventy-
    36  four, the New York city rent and rehabilitation law or the New York city
    37  rent stabilization law of nineteen hundred sixty-nine. The definition of
    38  "residential building" as used in this subdivision shall  be  applicable
    39  only  to  the  provisions of this article and shall not be applicable to
    40  any other provision of law.
    41    § 4. This act shall take effect immediately.
 
    42                                   PART Q
 
    43    Section 1. The private housing finance law is amended by adding a  new
    44  article 28 to read as follows:
    45                               ARTICLE XXVIII
    46                          NEW YORK STATE FIRST HOME
    47                               SAVINGS PROGRAM
    48  Section 1250. Program established.
    49          1251. Purposes.
    50          1252. Definitions.
    51          1253. Functions of the comptroller.
    52          1254. Powers of the comptroller.
    53          1255. Program requirements; first home savings account.
    54          1256. Program limitations; first home savings account.

        S. 9006--B                         71

     1    §  1250. Program established. There is hereby established a first home
     2  savings program and such program shall be known and may be cited as  the
     3  "New York state first home savings program".
     4    §  1251.  Purposes.  The purposes of the program shall be to authorize
     5  the establishment of first home savings accounts and to  provide  guide-
     6  lines for the maintenance of such accounts to:
     7    1.  enable  residents  of this state to benefit from the tax incentive
     8  provided for qualified state first home savings accounts  under  section
     9  six hundred twelve of the tax law; and
    10    2.  incentivize  residents  to  save  for the purchase of a first home
    11  within the state.
    12    § 1252. Definitions. As used in  this  article,  the  following  terms
    13  shall have the following meanings:
    14    1.  "Account" or "first home savings account" shall mean an individual
    15  savings account established in accordance with the  provisions  of  this
    16  article  for  the  exclusive  benefit of the account owner or designated
    17  beneficiary that is the first time buyer of a home, townhome,  condomin-
    18  ium or unit in a cooperative housing corporation.
    19    2.  "Account owner" shall mean a taxpayer who enters into a first home
    20  savings agreement pursuant to the provisions of this article,  including
    21  a  person  who  enters into such an agreement as a fiduciary or agent on
    22  behalf of a trust, estate, partnership, association, company  or  corpo-
    23  ration.
    24    3.  "Designated beneficiary" shall mean, with respect to an account or
    25  accounts, the designated individual or individuals    whose  first  home
    26  purchase expenses are expected to be paid from the account or accounts.
    27    4.  "Financial  organization" shall mean an organization authorized to
    28  do business in the state, and (a) which is an  authorized  fiduciary  to
    29  act  as a trustee pursuant to the provisions of an act of congress enti-
    30  tled  "Employee  Retirement  Income  Security  Act  of  1974",  as  such
    31  provisions  may  be  amended from time to time, or an insurance company;
    32  and (b)(i) is licensed or  chartered  by  the  department  of  financial
    33  services,  (ii)  is  chartered  by  an agency of the federal government,
    34  (iii) is subject to the jurisdiction and regulation  of  the  securities
    35  and  exchange  commission  of  the federal government, (iv) is any other
    36  entity otherwise authorized to act in this state as a  trustee  pursuant
    37  to  the  provisions  of an act of congress entitled "Employee Retirement
    38  Income Security Act of 1974", as such provisions  may  be  amended  from
    39  time  to time, (v) or any banking organization as defined in subdivision
    40  eleven of section two of the banking law, national banking  association,
    41  state  chartered  credit  union,  federal  mutual  savings bank, federal
    42  savings and loan association or federal credit union.
    43    5. "First time home buyer" shall mean an  individual  or  individuals,
    44  neither  of  whom  has or had an ownership interest in a principal resi-
    45  dence at any time, including residences owned in the  United  States  or
    46  abroad.    No such person shall own any other home including vacation or
    47  investment residences, including residences owned in the  United  States
    48  or  abroad,  except as otherwise provided in this subdivision. If either
    49  the individual or individuals are not first time  home  buyers,  neither
    50  the  individual  or  individuals  shall  be considered a first time home
    51  buyer. If an individual's only potentially disqualifying present  owner-
    52  ship  interest  is ownership of a mobile or manufactured home, the indi-
    53  vidual shall be considered a first time home buyer and shall be eligible
    54  for a first home account deduction. For the purposes of this  article  a
    55  "mobile  or  manufactured home" shall mean a structure that is valued as
    56  personal property and not real property. If, due to the ownership  of  a

        S. 9006--B                         72
 
     1  mobile  or  manufactured  home, the individual has claimed a real estate
     2  tax or home mortgage deduction on their  personal  income  tax  returns,
     3  such  individual shall not be considered a first time home buyer regard-
     4  less  of whether the mobile of manufactured home was considered personal
     5  or real property.
     6    6. "Ownership interest" shall mean a  fee  simple  interest,  a  joint
     7  tenancy, a tenancy in common, a tenancy by the entirety, the interest of
     8  a  tenant-share  holder  in  a  cooperative,  a  life  estate  or a land
     9  contract. Interests which do not constitute ownership interests  include
    10  the  following:  (a) remainder interests, (b) a lease with or without an
    11  option to purchase, (c) a mere expectancy to inherit an  interest  in  a
    12  residence,  (d) the interest that a purchaser of a residence acquires on
    13  the execution of a purchase contract and (e) an interest in real  estate
    14  other than a residence.
    15    7. "Program" shall mean the New York first home savings program estab-
    16  lished pursuant to this article.
    17    8.  "Qualified first home purchase expenses" shall mean monies applied
    18  for the purchase or construction of a house, townhouse,  condominium  or
    19  unit in a cooperative housing corporation within the state to be used as
    20  a primary residence of the account owner or designated beneficiary for a
    21  period of not less than two years after purchase.
    22    9.  "Qualified  residential  housing"  shall  mean a house, townhouse,
    23  condominium or unit in a  cooperative  housing  corporation  within  the
    24  state.
    25    10.  "Qualified withdrawal" shall mean a withdrawal from an account to
    26  pay the qualified first home purchase expense of the  account  owner  or
    27  designated beneficiary of the account.
    28    11.  "Nonqualified withdrawal" shall mean a withdrawal from an account
    29  but shall not include:
    30    (a) a qualified withdrawal;
    31    (b) a withdrawal made as the result of death;
    32    (c) an unforeseeable emergency; or
    33    (d) need based upon qualifying for military service in the armed forc-
    34  es of the United States as determined by rules and  regulations  promul-
    35  gated by the comptroller.
    36    12. "Comptroller" shall mean the state comptroller.
    37    13.  "Management  contract"  shall  mean  the contract executed by the
    38  comptroller and a financial organization selected to act as a depository
    39  and manager of the program.
    40    14. "First home savings agreement" shall mean an agreement between the
    41  comptroller or a financial organization and the account owner.
    42    15. "Program manager" shall mean a financial organization selected  by
    43  the comptroller to act as a depository and manager of the program.
    44    16.  "Commissioner"  shall  mean  the  commissioner  of  taxation  and
    45  finance.
    46    § 1253. Functions of the comptroller.  1. The comptroller shall imple-
    47  ment the program under the terms  and  conditions  established  by  this
    48  article and a memorandum of understanding with the commissioner relating
    49  to  any terms or conditions not otherwise expressly provided for in this
    50  article.
    51    2. In furtherance of such implementation the comptroller shall:
    52    (a) develop and implement the program in a manner consistent with  the
    53  provisions  of this article through rules and regulations established in
    54  accordance with the state administrative procedure act;
    55    (b) engage the services of consultants on a contract basis for render-
    56  ing professional and technical assistance and advice;

        S. 9006--B                         73
 
     1    (c) seek rulings and other guidance from the United States  Department
     2  of Treasury and the Internal Revenue Service relating to the program;
     3    (d)  make  changes to the program required for the participants in the
     4  program to obtain the state income tax benefits or treatment provided by
     5  this article;
     6    (e) charge, impose and collect administrative fees and service charges
     7  in connection with any agreement, contract or  transaction  relating  to
     8  the program;
     9    (f) develop marketing plans and promotion materials;
    10    (g)  establish the methods by which the funds held in such accounts be
    11  disbursed;
    12    (h) establish the method by which funds shall be allocated to pay  for
    13  administrative costs; and
    14    (i)  do  all  things necessary and proper to carry out the purposes of
    15  this article.
    16    § 1254. Powers of the comptroller. 1. The  comptroller  may  implement
    17  the  program through use of financial organizations as account deposito-
    18  ries and managers. Under the program, an  account  owner  may  establish
    19  accounts directly with an account depository.
    20    2.  The comptroller may solicit proposals from financial organizations
    21  to act as depositories and managers of the program. Financial  organiza-
    22  tions  submitting  proposals  shall  describe  the investment instrument
    23  which will be held in accounts.  The comptroller shall select as program
    24  depositories and managers the financial  organization,  from  among  the
    25  bidding  financial organizations that demonstrates the most advantageous
    26  combination, both to potential program participants and this  state,  of
    27  the following factors:
    28    (a) financial stability and integrity of the financial organization;
    29    (b) the safety of the investment instrument being offered;
    30    (c) the ability of the investment instrument to track increasing costs
    31  of residential housing;
    32    (d) the ability of the financial organization to satisfy recordkeeping
    33  and reporting requirements;
    34    (e)  the  financial  organization's plan for promoting the program and
    35  the investment it is willing to make to promote the program;
    36    (f) the fees, if any, proposed to be charged to  persons  for  opening
    37  accounts;
    38    (g)  the  minimum  initial  deposit and minimum contributions that the
    39  financial organization will require;
    40    (h) the ability of banking organizations to  accept  electronic  with-
    41  drawals, including payroll deduction plans; and
    42    (i)  other  benefits  to  the  state  or its residents included in the
    43  proposal, including fees payable to the state to cover expenses of oper-
    44  ation of the program.
    45    3. The comptroller may enter into a contract with a  financial  organ-
    46  ization.  Such financial organization management may provide one or more
    47  types of investment instrument.
    48    4. The comptroller may select more than one financial organization for
    49  the program.
    50    5. A management contract shall include, at a minimum, terms  requiring
    51  the financial organization to:
    52    (a)  take  any  action required to keep the program in compliance with
    53  requirements of section twelve hundred fifty-five of  this  article  and
    54  any actions not contrary to its contract to manage the program to quali-
    55  fy  as  a  "first  home  savings account" under paragraph forty-eight of
    56  subsection (c) of section six hundred twelve of the tax law;

        S. 9006--B                         74
 
     1    (b) keep adequate records of each account, keep  each  account  segre-
     2  gated  from  each  other  account,  and provide the comptroller with the
     3  information necessary to prepare  the  statements  required  by  section
     4  twelve hundred fifty-five of this article;
     5    (c)  compile and total information contained in statements required to
     6  be prepared under section twelve hundred fifty-five of this article  and
     7  provide such compilations to the comptroller;
     8    (d) if there is more than one program manager, provide the comptroller
     9  with  such  information  necessary  to determine compliance with section
    10  twelve hundred fifty-five of this article;
    11    (e) provide the comptroller or such comptroller's designee  access  to
    12  the  books  and  records  of the program manager to the extent needed to
    13  determine compliance with the contract;
    14    (f) hold all accounts for the benefit of the account owner;
    15    (g) be audited at  least  annually  by  a  firm  of  certified  public
    16  accountants selected by the program manager and that the results of such
    17  audit be provided to the comptroller;
    18    (h)  provide the comptroller with copies of all regulatory filings and
    19  reports made by it during the term of the management contract  or  while
    20  it  is  holding any accounts, other than confidential filings or reports
    21  that will not become part of the program. The program manager shall make
    22  available for review by the comptroller  the  results  of  any  periodic
    23  examination  of  such manager by any state or federal banking, insurance
    24  or securities commission, except to  the  extent  that  such  report  or
    25  reports  may  not be disclosed under applicable law or the rules of such
    26  commission; and
    27    (i) ensure that any description of the program, whether in writing  or
    28  through  the  use of any media, is consistent with the marketing plan as
    29  developed pursuant to the provisions of section  twelve  hundred  fifty-
    30  three of this article.
    31    6. The comptroller may provide that an audit shall be conducted of the
    32  operations  and financial position of the program depository and manager
    33  at any time if the comptroller has any reason to be concerned about  the
    34  financial  position,  the  recordkeeping  practices,  or  the  status of
    35  accounts of such program depository and manager.
    36    7. During the term of any contract with a program manager,  the  comp-
    37  troller shall conduct an examination of such manager and its handling of
    38  accounts.  Such  examination  shall  be conducted at least biennially if
    39  such manager is not otherwise subject to  periodic  examination  by  the
    40  superintendent  of  financial  services,  the  federal deposit insurance
    41  corporation or other similar entity.
    42    8. (a) If selection of a financial organization as a  program  manager
    43  or depository is not renewed, after the end of its term:
    44    (i) accounts previously established and held in investment instruments
    45  at such financial organization may be terminated;
    46    (ii) additional contributions may be made to such accounts;
    47    (iii)  no new accounts may be placed with such financial organization;
    48  and
    49    (iv) existing accounts held by such depository shall remain subject to
    50  all oversight and reporting requirements established by the comptroller.
    51    (b) If the  comptroller  terminates  a  financial  organization  as  a
    52  program  manager  or  depository, such comptroller shall take custody of
    53  accounts held by such financial organization and shall seek to  promptly
    54  transfer  such  accounts  to  another  financial  organization  that  is
    55  selected as a program manager or depository and into investment  instru-
    56  ments as similar to the original instruments as possible.

        S. 9006--B                         75
 
     1    9. The comptroller may enter into such contracts as it deems necessary
     2  and proper for the implementation of the program.
     3    §  1255.  Program  requirements;  first home savings account. 1. First
     4  home savings accounts established pursuant to  the  provisions  of  this
     5  article shall be governed by the provisions of this section.
     6    2.  A  first  home  savings  account  may  be opened by any person who
     7  desires to save money for  the  payment  of  the  qualified  first  home
     8  purchase  expenses  of  the  account owner or designated beneficiary. An
     9  account owner may designate another person as  successor  owner  of  the
    10  account  in  the  event of the death of the original account owner. Such
    11  person who opens an account or any successor owner shall  be  considered
    12  the account owner.
    13    (a) An application for such account shall be in the form prescribed by
    14  the program and contain the following:
    15    (i) the name, address and social security number or employer identifi-
    16  cation number of the account owner;
    17    (ii) the designation of a designated beneficiary;
    18    (iii)  the name, address, and social security number of the designated
    19  beneficiary; and
    20    (iv) such other information as the program may require.
    21    (b) The comptroller and the corporation may establish  a  nominal  fee
    22  for such application.
    23    3.  Any person, including the account owner, may make contributions to
    24  the account after the account is opened.
    25    4. Contributions to accounts may be made only in cash.
    26    5. An account owner may withdraw all or part of the  balance  from  an
    27  account  as  authorized  under  rules  governing the program. Such rules
    28  shall include provisions that will generally enable the determination as
    29  to whether a withdrawal is a  nonqualified  withdrawal  or  a  qualified
    30  withdrawal.
    31    6.  (a)  An  account owner may change the designated beneficiary of an
    32  account in accordance with procedures established by the  memorandum  of
    33  understanding  pursuant  to  the  provisions  of  section twelve hundred
    34  fifty-three of this article.
    35    (b) An account owner may transfer all or a portion of  an  account  to
    36  another first home savings account.
    37    (c)  Changes  in  designated  beneficiaries  and  transfers under this
    38  subdivision shall not be permitted to the extent that they  would  cause
    39  all  accounts for the same beneficiary to exceed the permitted aggregate
    40  maximum account balance.
    41    7. The program shall provide separate accounting for  each  designated
    42  beneficiary.
    43    8.  No account owner or designated beneficiary of any account shall be
    44  permitted to direct the investment of any contributions to an account or
    45  the earnings thereon more than two times in any calendar year.
    46    9. Neither an account owner nor a designated beneficiary  may  use  an
    47  interest in an account as security for a loan. Any pledge of an interest
    48  in an account shall be of no force and effect.
    49    10.  The  comptroller shall promulgate rules or regulations to prevent
    50  contributions on behalf of a designated  beneficiary  in  excess  of  an
    51  amount  that  would cause the aggregate account balance for all accounts
    52  for a designated beneficiary to exceed a  maximum  account  balance,  as
    53  established from time to time by the comptroller.
    54    11.  Contributions to a first home savings account shall be limited to
    55  one hundred thousand dollars per account. This  amount  shall  not  take

        S. 9006--B                         76
 
     1  into consideration any gain or loss to the principal investment into the
     2  account.
     3    12. In the event that an individual makes a nonqualified withdrawal of
     4  monies  from  the  first home savings account such individual shall have
     5  the entire account taxed, including  any  interest,  as  though  it  was
     6  income  at  the  account  owner's  federal tax rate in the tax years the
     7  monies were withdrawn, and incur an additional ten percent state penalty
     8  on the amount of earnings. In the event  account  owners  or  designated
     9  beneficiary  does not use the qualified residential housing as a primary
    10  residence for a period of not less than two years after the purchase  of
    11  such  housing,  the  account  owner shall have the entire account taxed,
    12  including any interest, as though it was ordinary income at the  account
    13  owner's  federal tax rate in the tax years the monies were withdrawn and
    14  incur an additional ten percent state penalty on the amount of earnings.
    15  For purposes of this article, the two year period  shall  begin  at  the
    16  time  title  is  transferred  to  the first time home buyer. The penalty
    17  shall be in addition to any taxes due pursuant to a non-qualified  with-
    18  drawal from a first home savings account.
    19    13.  Withdrawals  from the account during a period of less than twelve
    20  months from the date such account was  created  shall  be  considered  a
    21  nonqualified withdrawal.
    22    14.  Penalties may be waived by the commissioner if the individual can
    23  show proof that the reason the individual  did  not  use  the  qualified
    24  residential  housing as a primary residence for a period of two years or
    25  more after the purchase or construction was due to either:
    26    (a) an employment relocation outside the  state  and  such  relocation
    27  required the individual to become a resident of another state;
    28    (b) an unforeseeable emergency;
    29    (c) an absence due to qualifying military service; or
    30    (d) death.
    31    For  purposes  of this subdivision, an "unforeseeable emergency" shall
    32  mean a severe financial hardship resulting  from  illness,  accident  or
    33  property  loss  to the account owner, or such account owner's dependents
    34  resulting in circumstances beyond their control. The circumstances  that
    35  constitute an unforeseeable financial emergency will depend on the facts
    36  of  each  case,  however,  withdrawal  of account funds may not be made,
    37  without penalty, to the extent that such hardship is or may be  relieved
    38  by either:
    39    (i) reimbursement or compensation by insurance or otherwise; or
    40    (ii)  liquidation  of the individual's assets to the extent the liqui-
    41  dation of such assets would not itself cause severe financial hardship.
    42    15. The commissioner and the comptroller are  directed  to  promulgate
    43  all  rules and regulations necessary to implement the provisions of this
    44  subdivision and are hereby directed to establish, supervise and regulate
    45  first home savings accounts authorized to be created by this section.
    46    16. (a) If there is any distribution from a first home savings account
    47  to any individual or for the benefit of any individual during a calendar
    48  year, such distribution  shall  be  reported  to  the  Internal  Revenue
    49  Service  and  the  account  owner,  the  designated  beneficiary, or the
    50  distributee to the extent required by federal law or regulation.
    51    (b) Statements shall be provided to each account owner at  least  once
    52  each  year within sixty days after the end of the twelve month period to
    53  which they relate. The statement shall identify the  contributions  made
    54  during  a preceding twelve month period, the total contributions made to
    55  the account through the end of the period, the value of the  account  at
    56  the  end  of  such period, distributions made during such period and any

        S. 9006--B                         77
 
     1  other information that the comptroller shall require to be  reported  to
     2  the account owner.
     3    (c)  Statements and information relating to accounts shall be prepared
     4  and filed to the extent required by federal and state tax laws.
     5    17. An annual fee may be imposed upon the account owner for the  main-
     6  tenance of the account.
     7    18. The program shall disclose the following information in writing to
     8  each account owner of a first home savings account:
     9    (a)  the  terms  and  conditions for establishing a first home savings
    10  account;
    11    (b) any restrictions on the substitution of beneficiaries;
    12    (c) the person or entity entitled to terminate the first home  savings
    13  agreement;
    14    (d) the period of time during which a beneficiary may receive benefits
    15  under the first home savings agreement;
    16    (e)  the  terms  and  conditions  under  which  money may be wholly or
    17  partially withdrawn from the program, including, but not limited to, any
    18  reasonable charges and fees that may be imposed for withdrawal;
    19    (f) the probable tax consequences associated with contributions to and
    20  distributions from accounts; and
    21    (g) all other rights and obligations pursuant to  first  home  savings
    22  agreements,  and  any  other  terms,  conditions,  and provisions deemed
    23  necessary and appropriate by the terms of the memorandum of  understand-
    24  ing  entered into pursuant to section twelve hundred fifty-three of this
    25  article.
    26    19. First home savings agreements shall be subject  to  section  four-
    27  teen-c of the banking law and the "truth-in-savings" regulations promul-
    28  gated thereunder.
    29    20.  Nothing  in  this  article or in any first home savings agreement
    30  entered into pursuant to this article shall be construed as a  guarantee
    31  by the state that the account owner or designated beneficiary will qual-
    32  ify for the purchase of a home.
    33    21.  To establish that an account owner or designated beneficiary is a
    34  first time home buyer, the individual shall complete a form  promulgated
    35  by the comptroller certifying, under the penalties of perjury, that such
    36  individual is a first time home buyer.
    37    22. An individual must not intend to use any portion of the real prop-
    38  erty  purchased using the first home savings account funds in a trade or
    39  business, or as a vacation home or as an investment, except as an  owner
    40  occupied multiple dwelling with no more than two rental units.
    41    23. Monies withdrawn from first home savings accounts and any interest
    42  which  has  accrued  shall  not  be  considered as taxable income to the
    43  account owner for state personal income taxation purposes,  so  long  as
    44  the  monies  are applied for the purchase or construction of a qualified
    45  first home purchase by the account owner or  designated  beneficiary  of
    46  the account.
    47    § 1256. Program limitations; first home savings account. 1. Nothing in
    48  this article shall be construed to:
    49    (a)  give any designated beneficiary any rights or legal interest with
    50  respect to an account unless the designated beneficiary is  the  account
    51  owner;
    52    (b) guarantee that the account owner or designated beneficiary will be
    53  financially qualified to purchase a home;
    54    (c)  create state residency for an individual merely because the indi-
    55  vidual is a designated beneficiary; or

        S. 9006--B                         78
 
     1    (d) guarantee that amounts saved  pursuant  to  the  program  will  be
     2  sufficient  to  cover  the down payment or closing costs pursuant to the
     3  purchase of a qualified first home.
     4    2.  (a) Nothing in this article shall create or be construed to create
     5  any obligation of the comptroller, the state, or any agency  or  instru-
     6  mentality of the state to guarantee for the benefit of the account owner
     7  or designated beneficiary with respect to:
     8    (i) the rate of interest or other return on any account; and
     9    (ii) the payment of interest or other return on any account.
    10    (b)  The  comptroller  by  rule or regulation shall provide that every
    11  contract, application, deposit slip or other similar document  that  may
    12  be used in connection with a contribution to an account clearly indicate
    13  that  the  account is not insured by the state and neither the principal
    14  deposited nor the investment return is guaranteed by the state.
    15    § 2. Subsection (b) of section 612 of the tax law is amended by adding
    16  a new paragraph 44 to read as follows:
    17    (44) (A) Excess distributions received during the taxable  year  by  a
    18  distributee  of  a  first home savings account established under the New
    19  York state first home savings program provided for under  article  twen-
    20  ty-eight  of  the private housing finance law, to the extent such excess
    21  distributions are deemed attributable to  the  deductible  contributions
    22  under paragraph forty-eight of subsection (c) of this section.
    23    (B)  (i) The term "excess distributions" means distributions which are
    24  not:
    25    (I) qualified withdrawals within the meaning  of  subdivision  ten  of
    26  section twelve hundred fifty-two of the private housing finance law;
    27    (II)  withdrawals  made  as a result of the death or disability of the
    28  designated beneficiary within  the  meaning  of  subdivision  eleven  of
    29  section twelve hundred fifty-two of such law; or
    30    (III)  transfers  described  in  paragraph  (b)  of subdivision six of
    31  section twelve hundred fifty-five of such law.
    32    (ii) Excess distributions shall be deemed attributable  to  deductible
    33  contributions  to the extent the amount of any such excess distribution,
    34  when added to  all  previous  excess  distributions  from  the  account,
    35  exceeds the aggregate of all nondeductible contributions to the account.
    36    § 3. Subsection (c) of section 612 of the tax law is amended by adding
    37  two new paragraphs 48 and 49 to read as follows:
    38    (48) Contributions made during the taxable year by an account owner to
    39  a  first home savings account established under the New York state first
    40  home savings program provided for  under  article  twenty-eight  of  the
    41  private  housing  finance  law, to the extent not deductible or eligible
    42  for credit for federal  income  tax  purposes,  provided,  however,  the
    43  exclusion  provided for in this paragraph shall not exceed five thousand
    44  dollars for an individual or head of household, and for married  couples
    45  who  file  joint  tax  returns,  shall  not exceed ten thousand dollars;
    46  provided, further that such exclusion shall be  available  only  to  the
    47  account  owner and not to any other person.  A taxpayer with an adjusted
    48  gross income in excess of two hundred fifty percent of the  area  median
    49  income  as  defined by the U.S. Department of Housing and Urban Develop-
    50  ment shall not be eligible  for  the  tax  deduction  pursuant  to  this
    51  section.
    52    (49) Distributions from a first home savings account established under
    53  the New York state first home savings program provided for under article
    54  twenty-eight  of the private housing finance law, to the extent includi-
    55  ble in gross income for federal income tax purposes.

        S. 9006--B                         79
 
     1    § 4. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law, and shall apply to taxable years  commencing
     3  on  or  after  the first of January next succeeding the date on which it
     4  shall have become a law; provided, however, that effective  immediately,
     5  the commissioner of taxation and finance and the comptroller are author-
     6  ized  to  promulgate any rules or regulations necessary to implement the
     7  provisions of this act on its effective date on or before such date.
 
     8                                   PART R
 
     9    Section 1. The private housing finance law is amended by adding a  new
    10  article 29-A to read as follows:
    11                               ARTICLE XXIX-A
    12          AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
    13  Section 1265. Affordable independent senior housing assistance program.
    14    § 1265. Affordable  independent  senior housing assistance program. 1.
    15  Establishment. The commissioner, in conjunction with the commissioner of
    16  health, shall develop an affordable independent senior  housing  assist-
    17  ance  program, which shall provide grants within amounts appropriated or
    18  otherwise available therefor to affordable  independent  senior  housing
    19  properties  to  establish  and operate resident assistance programs. The
    20  grants shall be distributed by the commissioner of health.
    21    2. Definitions. For purposes of  this  article,  the  following  terms
    22  shall  have  the  following meanings: (a) "affordable independent senior
    23  housing property" shall mean apartment buildings or apartment  complexes
    24  occupied  by individuals over sixty years of age, who live independently
    25  and at least eighty percent of whom have a total household  income  that
    26  does not exceed sixty percent of the area median income; and
    27    (b)  "resident  assistance" shall mean support offered to residents of
    28  affordable independent senior housing properties to help promote healthy
    29  living by extending independence and improving quality of life.
    30    3. Assistance. Resident assistance shall be determined by the  commis-
    31  sioner  of  health; provided however, that the provision of such assist-
    32  ance shall not include any services  or  assistance  that  requires  the
    33  property  to  be  licensed as an adult care facility pursuant to article
    34  seven of the social services law or an assisted living residence  pursu-
    35  ant  to  article  forty-six-B of the public health law. Prior to issuing
    36  any grants pursuant to this article,  the  department  of  health  shall
    37  solicit  input from various stakeholders to determine what would consti-
    38  tute assistance to ensure that such assistance would  not  require  such
    39  licensure.  A summary of such input and the determination by the depart-
    40  ment of health as to whether the assistance provided by the grant appli-
    41  cant would require licensure as  an  adult  care  facility  or  assisted
    42  living  residence shall be in writing and shared with the various stake-
    43  holders prior to the approval of any grants pursuant to this section.
    44    4. Allocation. Sixty percent of the total funds  awarded  pursuant  to
    45  this  article  in any fiscal year shall be allocated to projects located
    46  in urban areas of the state, as such term is defined in subdivision four
    47  of section twelve hundred thirty-one of this chapter. Forty  percent  of
    48  the  total  funds  awarded  pursuant  to this article in any fiscal year
    49  shall be allocated to projects located in rural areas of the  state,  as
    50  such  term  is  defined  in  subdivision three of section twelve hundred
    51  thirty-one of this chapter. Any funds appropriated or  otherwise  avail-
    52  able  therefor  for  the program may be transferred to the department of
    53  health. A portion of any amounts  appropriated  or  otherwise  available

        S. 9006--B                         80

     1  therefor  may  be  used  by the commissioner of health to administer the
     2  program.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART S
 
     5    Section  1.  Paragraph  (b)  of  subdivision 2 of section 576-d of the
     6  private housing finance law, as amended by section 1 of part S of  chap-
     7  ter 56 of the laws of 2020, is amended to read as follows:
     8    (b) the total amount of loans made to any single agricultural producer
     9  shall not exceed [two] four hundred thousand dollars per annum;
    10    § 2. This act shall take effect immediately.
 
    11                                   PART T
 
    12    Section  1. The private housing finance law is amended by adding a new
    13  article 33 to read as follows:
    14                               ARTICLE XXXIII
    15              MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM
    16  Section 1300. Statement of legislative findings and purpose.
    17          1301. Definitions.
    18          1302. Mobile and manufactured home replacement contracts.
    19    § 1300. Statement of legislative findings and purpose. The legislature
    20  hereby finds and declares that there exists in New York state a  serious
    21  need  to  eliminate older, dilapidated mobile and manufactured homes and
    22  replace them with new manufactured, modular or site-built  homes.  Older
    23  mobile  or  manufactured  home  units  with rusted, leaking metal roofs,
    24  metal-framed windows with interior take-out storms,  and  metal  siding,
    25  are  just  some  of the examples of those that most need replacement. No
    26  matter the amount of rehabilitation investment, the end result is unsat-
    27  isfactory in terms of longevity, energy  efficiency  and  affordability.
    28  The  legislature  therefore  finds  that  the  state  should establish a
    29  program to fund the replacement of mobile or manufactured homes with new
    30  affordable and energy  efficient  manufactured,  modular  or  site-built
    31  homes.
    32    § 1301. Definitions.  For  the  purposes of this article the following
    33  terms shall have the following meanings:
    34    1. "Corporation" shall mean the housing trust fund corporation  estab-
    35  lished in section forty-five-a of this chapter.
    36    2.  "Dilapidated" shall mean a housing unit that does not provide safe
    37  and adequate shelter, and in its present condition endangers the health,
    38  safety or well-being of the occupants. Such a housing  unit  shall  have
    39  one  or  more critical defects, or a combination of intermediate defects
    40  in sufficient  number  or  extent  to  require  considerable  repair  or
    41  rebuilding.  Such defects may involve original construction, or they may
    42  result from continued neglect or lack of repair or from  serious  damage
    43  to the structure.
    44    3.  "Eligible  applicant"  shall  mean a unit of local government or a
    45  not-for-profit corporation in existence for a  period  of  one  or  more
    46  years  prior  to application, which is, or will be at the time of award,
    47  incorporated under the not-for-profit corporation law and  has  substan-
    48  tial experience in affordable housing.
    49    4.  "Eligible  property" shall mean a mobile or manufactured home that
    50  is the primary residence of a homeowner with a  total  household  income
    51  that does not exceed eighty percent of area median income for the county

        S. 9006--B                         81
 
     1  in which a project is located as calculated by the United States depart-
     2  ment of housing and urban development.
     3    5. "Manufactured home" shall have the same meaning as is set forth for
     4  such  term in subdivision seven of section six hundred one of the execu-
     5  tive law.
     6    6. "Mobile and manufactured home  replacement  program"  or  "program"
     7  shall  mean a proposal by an eligible applicant for the replacement of a
     8  dilapidated mobile or manufactured home with a new manufactured, modular
     9  or site-built home. All replacement homes shall be energy star rated for
    10  energy efficiency.
    11    7. "Modular home" shall have the same meaning as is set forth for such
    12  term in paragraph thirty-three of  subdivision  (b)  of  section  eleven
    13  hundred one of the tax law.
    14    8. "Site-built home" shall mean a structure built on-site using build-
    15  ing materials delivered to the site, even if some of such materials were
    16  manufactured,  produced or assembled off-site such as, by way of example
    17  and not by way of limitation, concrete blocks, windows, door units, wall
    18  or roof panels, trusses and dormers.
    19    § 1302. Mobile and manufactured home replacement contracts. 1. Grants.
    20  Within the limit of funds available in the mobile and manufactured  home
    21  replacement  program, the corporation is hereby authorized to enter into
    22  contracts with eligible applicants to provide  grants,  which  shall  be
    23  used  to  establish  programs to provide assistance to eligible property
    24  owners to replace dilapidated mobile or manufactured homes in the state.
    25    2. Program criteria. The corporation shall develop procedures,  crite-
    26  ria  and  requirements  related to the application and award of projects
    27  pursuant to this section  which  shall  include:    eligibility,  market
    28  demand,  feasibility  and  funding  criteria;  the funding determination
    29  process; supervision and evaluation of contracting  applicants;  report-
    30  ing, budgeting and record-keeping requirements; provisions for modifica-
    31  tion and termination of contracts; and such other matters not inconsist-
    32  ent  with the purposes and provisions of this article as the corporation
    33  shall deem necessary or appropriate.
    34    3. Contract limitations. The total contract pursuant to any one eligi-
    35  ble applicant in a specified region shall not exceed seven hundred fifty
    36  thousand dollars and the contract shall provide for  completion  of  the
    37  program  within  a  reasonable period, as specified therein, which shall
    38  not in any event exceed four years from  commencement  of  the  program.
    39  Upon request, the corporation may extend the term of the contract for up
    40  to  an  additional  one year period for good cause shown by the eligible
    41  applicant.
    42    4. Planning and administrative costs. The corporation shall  authorize
    43  the  eligible  applicant to spend ten percent of the contract amount for
    44  approved planning and administrative costs associated with administering
    45  the program.
    46    5. The corporation shall require that, in order  to  receive  a  grant
    47  pursuant  to  this  article,  the  eligible property owner shall have no
    48  liens on the land after closing  the  grant  other  than  the  new  home
    49  financing and currently existing mortgage or mortgages, and all property
    50  taxes and insurances must be current.
    51    6.  Assistance. Financial assistance to eligible property owners shall
    52  be one hundred percent grants in the  form  of  deferred  payment  loans
    53  (hereinafter  referred  to  in  this subdivision as "DPL").   A ten year
    54  declining balance lien using a security instrument as  required  by  the
    55  corporation,  will  be utilized for replacement projects. No interest or
    56  payments will be required on the DPL unless  the  property  is  sold  or

        S. 9006--B                         82
 
     1  transferred before the regulatory term expires. In such cases funds will
     2  be  recaptured from the proceeds of the sale of the home, on a declining
     3  balance basis, unless an income-eligible immediate family member accepts
     4  ownership  of, and resides in the new replacement home for the remainder
     5  of the regulatory term.  In addition the mobile  and  manufactured  home
     6  replacement program established by this article shall: (a) provide funds
     7  for  relocation  assistance  to homeowners who are unable to voluntarily
     8  relocate during the demolition and construction phases of  the  project;
     9  and  (b)  provide  funding for the costs of demolishing and disposing of
    10  the dilapidated home.
    11    7. Homeownership training. The eligible property owner must  agree  to
    12  attend  an  approved  homeownership  training program for post-purchase,
    13  credit/budget, and home maintenance counseling as part of  the  applica-
    14  tion process.
    15    8.  Funding  criteria.  The  total  payment  pursuant to any one grant
    16  contract shall not exceed two hundred thousand dollars and the  contract
    17  shall  provide for completion of the program within a reasonable period,
    18  as specified therein, not to exceed four years.
    19    9. Funding and annual report. The corporation in its  sole  discretion
    20  shall  authorize all funding decisions and make all award announcements.
    21  The corporation shall, on or before December thirty-first in  each  year
    22  submit  a  report to the legislature on the implementation of this arti-
    23  cle. Such report shall include, but not be limited to,  for  each  award
    24  made  to  a  grantee  under  this  article: a description of such award;
    25  contract amount and cumulative total; and such other information as  the
    26  corporation deems pertinent.
    27    § 2. This act shall take effect immediately.
 
    28                                   PART U
 
    29    Section  1. The social services law is amended by adding a new article
    30  9 to read as follows:
 
    31                                  ARTICLE 9
    32              2-1-1 ESSENTIAL COMMUNITY SERVICES HOTLINE SYSTEM
 
    33    Section 467. Definitions.
    34            467-a. Oversight of the  2-1-1  essential  community  services
    35                     hotline system.
    36            467-b. Availability and scope of information.
    37            467-c. Responsibilities of 2-1-1 call centers.
    38            467-d. Reporting.
    39    § 467. Definitions. As used in this article:
    40    1.  "2-1-1  essential  community  services  hotline system" or "2-1-1"
    41  means the three digit phone number designated by  the  federal  communi-
    42  cations  commission  for the purpose of connecting individuals and fami-
    43  lies with community resource and referral services.
    44    2. "2-1-1 call center" means a center receiving calls from 2-1-1 oper-
    45  ated by 2-1-1 New York, the not-for-profit organization  designated  for
    46  such purpose by the public service commission in two thousand ten.
    47    3.  "Community  resource specialist" means an individual employed by a
    48  2-1-1 call center, who has trained in  quality  indicators  for  profes-
    49  sional  information  and  referrals  and  received an accreditation from
    50  Inform USA, or its successor organization, to  assist  individuals  with
    51  help  finding  community  resources  and  other  service-related  needs,

        S. 9006--B                         83
 
     1  including during times of crisis, a natural disaster or  other  weather-
     2  related events.
     3    §  467-a.  Oversight of the 2-1-1 essential community services hotline
     4  system. The office of children and family services shall have  oversight
     5  of  the  2-1-1  essential  community  services  hotline system and shall
     6  designate 2-1-1 New York, the not-for-profit organization designated  by
     7  the  public  service  commission  in  two  thousand ten, to operate such
     8  hotline system, within amounts appropriated.
     9    § 467-b. Availability and scope of  information.  1.  2-1-1  shall  be
    10  available  statewide,  twenty-four  hours  a  day, seven days a week and
    11  shall provide a language assistance line to assist limited and non-Engl-
    12  ish language speakers.
    13    2. Community resource specialists shall provide community resource and
    14  referral information for at least the following services, as needed:
    15    a. basic human needs, such as food and clothing banks, temporary hous-
    16  ing assistance, including emergency housing assistance, rent and utility
    17  assistance, the supplemental nutrition assistance  program  (SNAP),  the
    18  special  supplemental  nutrition program for women, infants and children
    19  (WIC) and other public benefit programs;
    20    b. physical and behavioral health resources, such as health  insurance
    21  programs  including,  but not limited to, medicaid, medicare, the essen-
    22  tial plan and child health plus, maternal health  resources,  behavioral
    23  health  services,  crisis  intervention  services  and,  if appropriate,
    24  transferring individuals to the 9-8-8 suicide prevention and  behavioral
    25  health crisis hotline or the 9-1-1 emergency response system;
    26    c. work support, such as job training programs or education and liter-
    27  acy assistance, tax preparation, and transportation programs;
    28    d.  children,  youth  and family support, including child care, after-
    29  school programs and summer camps, family resource centers, mentoring and
    30  child protective services;
    31    e. support for older adults and persons with  disabilities,  including
    32  community  and medically tailored meals, respite care, home health care,
    33  transportation services and adult protective services; and
    34    f. access services for  limited  and  non-English  speakers,  such  as
    35  translation and interpretation services.
    36    §  467-c.  Responsibilities  of 2-1-1 call centers. 2-1-1 call centers
    37  shall be responsible for:
    38    1. maintaining an up-to-date database of providers and services avail-
    39  able in the community, that is validated  annually  to  ensure  accurate
    40  information;
    41    2.  ensuring  individuals  can access 2-1-1 through various platforms,
    42  including via telephone, text or the internet; and
    43    3. accepting calls  from  and  coordinating  with  the  9-8-8  suicide
    44  prevention  and behavioral health crisis hotline and the 9-1-1 emergency
    45  response system, as appropriate.
    46    § 467-d. Reporting. 1. The office of children and family services,  in
    47  consultation  with  2-1-1 New York, shall establish a comprehensive list
    48  of reporting metrics regarding the use of 2-1-1,  which  shall  include,
    49  but not be limited to:
    50    a.  the  total number of requests for assistance statewide, as well as
    51  by region, that 2-1-1 call centers receive annually;
    52    b. the categories of services and referrals that  are  requested  each
    53  year; and
    54    c.  the  average  length  of time taken to respond to each request for
    55  assistance and the aggregate number of call abandonments for the year.

        S. 9006--B                         84
 
     1    2. The office of children and family services shall compile an  annual
     2  report on the data collected pursuant to subdivision one of this section
     3  and shall submit such report to the governor, the temporary president of
     4  the  senate,  the  speaker  of  the assembly, the minority leader of the
     5  senate,  and the minority leader of the assembly, annually, beginning no
     6  later than April first, next  succeeding  the  effective  date  of  this
     7  section.
     8    §  2.  Paragraph  5  of subdivision (c) of section 36.03 of the mental
     9  hygiene law, as added by section 2 of part EE of chapter 57 of the  laws
    10  of 2022, is amended to read as follows:
    11    (5)  A designated hotline center shall ensure coordination between the
    12  9-8-8 crisis hotline centers, 9-1-1, behavioral health crisis  services,
    13  the  2-1-1 essential community services hotline system, and, when appro-
    14  priate, other specialty behavioral health warm lines  and  hotlines  and
    15  other  emergency  services.  If  a  law  enforcement,  medical,  or fire
    16  response is also needed, 9-8-8 and 9-1-1 operators shall coordinate  the
    17  simultaneous deployment of those services with mobile crisis services.
    18    § 3. This act shall take effect on the one hundred twentieth day after
    19  it shall have become a law.
 
    20                                   PART V
 
    21    Section 1. Section 602 of the education law is amended by adding a new
    22  subdivision 5 to read as follows:
    23    5.  The  commissioner  shall promulgate rules and regulations allowing
    24  for students enrolled in an approved postsecondary education  experience
    25  or  transition  program to receive financial assistance from the tuition
    26  assistance program.
    27    § 2. Section 667 of the education law  is  amended  by  adding  a  new
    28  subdivision 4 to read as follows:
    29    4.    Postsecondary  education  experience or transition programs.  a.
    30  Notwithstanding subdivisions one, two and three  of  this  section,  the
    31  president  shall  make awards to students with intellectual disabilities
    32  in approved postsecondary education experience or transition programs in
    33  the same manner as  students  enrolled  in  an  approved  program  at  a
    34  degree-granting  institution including the same income limits and awards
    35  for each year.
    36    b.  An  approved  postsecondary  education  experience  or  transition
    37  program shall:
    38    (i) serve students with intellectual disabilities;
    39    (ii)  provide  individual  supports  and services for the academic and
    40  social inclusion of students with intellectual disabilities in  academic
    41  courses,  extracurricular  activities, and other aspects of the institu-
    42  tion of higher education's regular postsecondary program;
    43    (iii) provide a focus on:
    44    (A) academic enrichment;
    45    (B) socialization;
    46    (C) independent living skills, including self-advocacy skills; and
    47    (D) integrated work experiences and career skills that lead to gainful
    48  employment;
    49    (iv) integrate person-centered planning  in  the  development  of  the
    50  course of study for each student with an intellectual disability;
    51    (v)  create and offer a meaningful credential for students with intel-
    52  lectual disabilities upon the completion of the postsecondary  education
    53  experience or transition program; and

        S. 9006--B                         85
 
     1    (vi)  be  a federally approved comprehensive transition and postsecon-
     2  dary program.
     3    c.  For  the purposes of this subdivision, "students with intellectual
     4  disabilities" shall mean a student with an impairment of general  intel-
     5  lectual functioning or adaptive behavior which constitutes a substantial
     6  handicap  to  the  student's ability to function normally in society and
     7  which has originated at any point in the student's life.
     8    § 3. This act shall take effect immediately.
 
     9                                   PART W
 
    10    Section 1.   Paragraph b of subdivision 2  of  section  679-e  of  the
    11  education  law,  as amended by section 1 of part VV of chapter 56 of the
    12  laws of 2009, is amended to read as follows:
    13    b. "Eligible period" means  the  [six-year]  eight-year  period  after
    14  completion of the [third] second year and before the commencement of the
    15  [tenth]  eleventh  year  of  employment  as  an  eligible  attorney. For
    16  purposes of this section, all periods of time during which  an  admitted
    17  attorney  was  employed  as an eligible attorney and all periods of time
    18  during which a law school graduate awaiting admission to  the  New  York
    19  state  bar  was  employed by a prosecuting [or] agency, criminal defense
    20  agency, or non-profit  indigent  civil  legal  services  corporation  as
    21  permitted by section four hundred eighty-four of the judiciary law shall
    22  be combined.
    23    §  2.  Paragraph  d of subdivision 2 of section 679-e of the education
    24  law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
    25  2009, is amended to read as follows:
    26    d.  "Year of qualified service" means the twelve month period measured
    27  from the anniversary of the attorney's employment as an eligible  attor-
    28  ney,  or  as  a  law  school graduate awaiting admission to the New York
    29  state bar employed  by  a  prosecuting  [or]  agency,  criminal  defense
    30  agency,  or  non-profit  indigent  civil  legal  services corporation as
    31  permitted by section four hundred  eighty-four  of  the  judiciary  law,
    32  adjusted  for  any  interruption  in employment.  Vacation or leave time
    33  provided by the employer or leave taken for a condition that is a quali-
    34  fying reason for leave under the Family and Medical Leave Act  of  1993,
    35  29  U.S.C. 2612(a)(1) and (3) shall not be considered an interruption in
    36  qualifying employment. Any period  of  [temporary  leave  from  service]
    37  interruption  in  qualifying  employment  taken  by an eligible attorney
    38  shall not be considered in the calculation of qualified service.  Howev-
    39  er,  the period of [temporary leave shall be considered an] interruption
    40  in qualifying employment and the calculation of the time period of qual-
    41  ified service shall recommence when the  eligible  attorney  returns  to
    42  [full time] service.
    43    §  3.  Paragraph  a of subdivision 3 of section 679-e of the education
    44  law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
    45  2009, is amended to read as follows:
    46    a.  An  eligible  attorney  may  apply  for  reimbursement  after  the
    47  completion of each year  of  qualified  service  provided  however  that
    48  reimbursement to each eligible attorney shall not exceed [three thousand
    49  four  hundred]  eight  thousand dollars, per qualifying year, subject to
    50  appropriations available therefor. The president may establish:  (i)  an
    51  application deadline and (ii) a method of selecting recipients if in any
    52  given  year  there  are insufficient funds to cover the needs of all the
    53  applicants.  Awards shall be within the amounts  appropriated  for  such
    54  purpose and based on availability of funds.

        S. 9006--B                         86
 
     1    §  4.  Paragraph  b of subdivision 3 of section 679-e of the education
     2  law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
     3  2009, is amended to read as follows:
     4    b. An eligible attorney may apply after the completion of the [fourth]
     5  second  year  of  qualified  service,  and annually thereafter after the
     6  completion of the [fifth] third through [ninth] eleventh year of  quali-
     7  fied  service,  and  may  seek a student loan expense grant for only the
     8  previous year of qualified service within the time periods prescribed by
     9  the president. An eligible attorney may  receive  student  loan  expense
    10  grants for no more than [six] eight years of qualified service within an
    11  eligible period.
    12    §  5.  This  act  shall take effect April 1, 2027. Nothing in this act
    13  shall be implemented in a manner that diminishes the  current  award  or
    14  status of eligible attorneys currently participating in the program.
 
    15                                   PART X
 
    16    Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
    17  tion law is amended by adding a new subparagraph 12 to read as follows:
    18    (12) (i) Beginning in the two thousand twenty-six--two thousand  twen-
    19  ty-seven  academic  year,  all  current  and future mandatory university
    20  fees, with the exclusion of the  graduate  student  association  student
    21  activity  fee, shall be charged to a state university of New York gradu-
    22  ate student serving a full-time or half-time appointment as  a  graduate
    23  teaching  assistant,  graduate  assistant,  graduate research assistant,
    24  graduate research associate, or graduate teaching associate at the  rate
    25  of twenty-five percent of all mandatory university fees, with the exclu-
    26  sion of the graduate student association student activity fee.
    27    (ii)  Beginning in the two thousand twenty-seven--two thousand twenty-
    28  eight academic year and thereafter, no mandatory university  fees  shall
    29  be  charged,  with  the  exclusion  of  the graduate student association
    30  student activity fee.
    31    § 2. Section 6206 of the education law is  amended  by  adding  a  new
    32  subdivision 25 to read as follows:
    33    25.  a. Beginning in the two thousand twenty-six--two thousand twenty-
    34  seven academic year, all current and future mandatory  university  fees,
    35  with  the exclusion of the graduate student association student activity
    36  fee, shall be charged to a city university of New York graduate  student
    37  serving  as  a graduate assistant, adjunct instructor, adjunct lecturer,
    38  adjunct college laboratory technician or a  non-teaching  adjunct  staff
    39  member  at  the  rate of twenty-five percent of all mandatory university
    40  fees, with the exclusion of the  graduate  student  association  student
    41  activity fee.
    42    b.  Beginning  in  the two thousand twenty-seven--two thousand twenty-
    43  eight academic year and thereafter, no mandatory university  fees  shall
    44  be  charged,  with  the  exclusion  of  the graduate student association
    45  student activity fee.
    46    § 3. This act shall take effect immediately.
 
    47                                   PART Y
 
    48    Section 1. Subdivision 3 of section 667 of the education law, as added
    49  by chapter 83 of the laws of 1995, paragraph a as amended by  section  1
    50  and  subparagraph  (iv) of paragraph b as amended by section 3 of part B
    51  of chapter 60 of the laws of 2000, clause (A)  of  subparagraph  (i)  of
    52  paragraph  a  as  amended by section 1 and subparagraphs (i) and (ii) of

        S. 9006--B                         87

     1  paragraph b as amended by section 2 of part DD of chapter 56 of the laws
     2  of 2021, subparagraphs (ii), (iii) and (vi) of paragraph  a  as  amended
     3  and paragraph (vii) as added by section 1 of part X of chapter 56 of the
     4  laws  of  2024,  and paragraph c as relettered by section 2 of part J of
     5  chapter 58 of the laws of 2011 and paragraph b as amended by chapter 309
     6  of the laws of 1996, is amended to read as follows:
     7    3. Tuition assistance program awards.
     8    a. Amount. The president shall make awards  to  students  enrolled  in
     9  degree-granting   institutions  or  registered  not-for-profit  business
    10  schools qualified for tax exemption under § 501(c)(3)  of  the  internal
    11  revenue code for federal income tax purposes in the following amounts:
    12    (i) For each year of undergraduate study, assistance shall be provided
    13  as  computed  on  the  basis  of  the  amount which is the lesser of the
    14  following:
    15    (A) [(1) In the case of students who have not been granted  an  exclu-
    16  sion  of parental income, who have qualified as an orphan, foster child,
    17  or ward of the court for the purposes of federal student  financial  aid
    18  programs  authorized by Title IV of the Higher Education Act of 1965, as
    19  amended, or had a dependent for income tax purposes during the tax  year
    20  next  preceding  the academic year for which application is made, except
    21  for those students who have been granted exclusion  of  parental  income
    22  who have a spouse but no other dependent:
    23    (a)]  Five thousand dollars, except starting in two thousand fourteen-
    24  two thousand fifteen such  students  shall  receive  five  thousand  one
    25  hundred  sixty-five dollars, and except starting in two thousand twenty-
    26  one--two thousand twenty-two and thereafter such students shall  receive
    27  five  thousand  six  hundred  sixty-five  dollars, provided however that
    28  nothing herein shall be construed as increasing any award made  pursuant
    29  to  this section for an academic year prior to two thousand twenty-one--
    30  two thousand twenty-two; or
    31    [(b)] (B) For undergraduate students enrolled in a program of study at
    32  a non-public degree-granting institution that does not offer  a  program
    33  of  study  that leads to a baccalaureate degree, or at a registered not-
    34  for-profit business school qualified for  tax  exemption  under  section
    35  501(c)(3)  of  the internal revenue code for federal income tax purposes
    36  that does not offer a program of study that  leads  to  a  baccalaureate
    37  degree,  four  thousand dollars, except starting in two thousand twenty-
    38  one--two thousand twenty-two and thereafter such students shall  receive
    39  four  thousand five hundred dollars. Provided, however, that this [subi-
    40  tem] clause shall not apply to students enrolled in a program  of  study
    41  leading to a certificate or degree in nursing[.]; or
    42    [(2) In the case of students receiving awards pursuant to subparagraph
    43  (iii)  of this paragraph and those students who have been granted exclu-
    44  sion of parental income who have a spouse but no other dependent  begin-
    45  ning  in  the  two thousand twenty-one--two thousand twenty-two academic
    46  year and thereafter, three thousand five  hundred  twenty-five  dollars,
    47  provided  that nothing herein shall be construed as increasing any award
    48  made for any prior academic year; or
    49    (B)] (C) (1) Ninety-five percent of the amount of  tuition  (exclusive
    50  of  educational fees) charged and, if applicable, the college fee levied
    51  by the state university of New York pursuant to the April  first,  nine-
    52  teen  hundred  sixty-four  financing  agreement  with the New York state
    53  dormitory authority.
    54    (2) For the two thousand one--two thousand two academic year and ther-
    55  eafter one hundred percent of the amount of tuition (exclusive of educa-
    56  tional fees) charged and, if applicable, the college fee levied  by  the

        S. 9006--B                         88

     1  state  university  of  New  York  pursuant  to the April first, nineteen
     2  hundred sixty-four financing agreement with the New York state dormitory
     3  authority.
     4    (ii) [Except for students as noted in subparagraph (iii) of this para-
     5  graph,  the] The base amount as determined from subparagraph (i) of this
     6  paragraph, shall be reduced in relation to income as follows:
 
     7  Amount of income                    Schedule of reduction
     8                                      of base amount
 
     9  (A) Less than seven thousand        None
    10      dollars
    11  (B) Seven thousand dollars or       Seven per centum of excess
    12      more, but less than eleven      over seven thousand dollars
    13      thousand dollars
    14  (C) Eleven thousand dollars or      Two hundred eighty dollars
    15      more, but less than eighteen    plus ten per centum of excess
    16      thousand dollars                over eleven thousand dollars
    17  (D) Eighteen thousand dollars or    Nine hundred eighty dollars
    18      more, but not more than one     plus twelve per centum of
    19      hundred twenty-five             excess over eighteen
    20      thousand dollars                thousand dollars
 
    21    (iii) [(A) For students who have been granted  exclusion  of  parental
    22  income  and were single with no dependent for income tax purposes during
    23  the tax year next preceding the academic year for which  application  is
    24  made,  the  base amount, as determined in subparagraph (i) of this para-
    25  graph, shall be reduced in relation to income as follows:

    26  Amount of income                    Schedule of reduction
    27                                      of base amount

    28  (1) Less than three thousand        None
    29      dollars
    30  (2) Three thousand dollars or       Thirty-one per centum of
    31      more, but not more than thirty  amount in excess of three
    32      thousand dollars                thousand dollars

    33  (B) For those students who have been granted exclusion of parental
    34  income who have a spouse but no other dependent, for income tax purposes
    35  during the tax year next preceding the academic year for which
    36  application is made, the base amount, as determined in subparagraph (i)
    37  of this paragraph, shall be reduced in relation to income as follows:

    38  Amount of income                    Schedule of reduction
    39                                      of base amount

    40  (1) Less than seven thousand        None
    41      dollars
    42  (2) Seven thousand dollars or       Seven per centum of excess
    43      more, but less than eleven      over seven thousand dollars
    44      thousand dollars
    45  (3) Eleven thousand dollars or      Two hundred eighty dollars
    46      more, but less than eighteen    plus ten per centum of excess
    47      thousand dollars                over eleven thousand dollars
    48  (4) Eighteen thousand dollars or    Nine hundred eighty dollars

        S. 9006--B                         89

     1      more, but not more than sixty   plus twelve per centum of
     2      thousand dollars                excess over eighteen
     3                                      thousand dollars

     4    (iv)]  If  the  amount of reduction is not a whole dollar, it shall be
     5  reduced to the next lowest whole dollar. In the case of any student  who
     6  has  received  four  or  more  payments  pursuant  to any and all awards
     7  provided for in this subdivision, for the two thousand--two thousand one
     8  academic year the base amount shall be  reduced  by  an  additional  one
     9  hundred fifty dollars for the two thousand one--two thousand two academ-
    10  ic year and thereafter the base amount shall be reduced by an additional
    11  one hundred dollars.
    12    [(v)] (iv) The award shall be the net amount of the base amount deter-
    13  mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
    14  subparagraph  (ii)  [or (iii)] of this paragraph but the award shall not
    15  be reduced for the two thousand--two thousand one and two thousand  one-
    16  -two  thousand two academic years below two hundred seventy-five dollars
    17  if the amount of income is eighty thousand dollars or less and more than
    18  seventy thousand dollars,  three  hundred  twenty-five  dollars  if  the
    19  amount of income is seventy thousand dollars or less and more than sixty
    20  thousand  dollars  and four hundred twenty-five dollars if the amount of
    21  income is sixty thousand dollars or less.
    22    [(vi)] (v) For the two thousand two--two thousand  three  through  two
    23  thousand  twenty-three--twenty-four  academic  years, the award shall be
    24  the net amount of the base amount determined  pursuant  to  subparagraph
    25  (i)  of  this paragraph reduced pursuant to subparagraph (ii) [or (iii)]
    26  of this paragraph but the award shall not be reduced below five  hundred
    27  dollars.
    28    [(vii)]  (vi)  For  the two thousand twenty-four--two thousand twenty-
    29  five academic year and thereafter, the award shall be the net amount  of
    30  the  base  amount  determined pursuant to subparagraph (i) of this para-
    31  graph reduced pursuant to subparagraph (ii) [or (iii)] of this paragraph
    32  but the award shall not be reduced below one thousand dollars.
    33    b. Amount. The president shall make awards to students enrolled in two
    34  year programs offered in registered private business schools except  for
    35  registered  not-for-profit  business schools qualified for tax exemption
    36  under section 501(c)(3) of the internal revenue code for federal  income
    37  tax purposes in the following amounts:
    38    (i)  For  each year of study, assistance shall be provided as computed
    39  on the basis of the amount which is the lesser of the following:
    40    (A) [(1)] one thousand three hundred dollars[, or
    41    (2) for students receiving awards pursuant to  subparagraph  (iii)  of
    42  this paragraph, one thousand one hundred forty dollars]; or
    43    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
    44  educational fees) charged.
    45    (2) For the two thousand one--two thousand two academic year and ther-
    46  eafter one hundred percent of the amount of tuition (exclusive of educa-
    47  tional fees).
    48    (ii) [Except for students as noted in subparagraph (iii) of this para-
    49  graph, the] The base amount as determined in subparagraph  (i)  of  this
    50  paragraph, shall be reduced in relation to income as follows:
 
    51  Amount of income                    Schedule of reduction
    52                                      of base amount

    53  (A) Less than seven thousand        None

        S. 9006--B                         90
 
     1      dollars
     2  (B) Seven thousand dollars or       Seven per centum of the excess
     3      more, but less than eleven      over seven thousand dollars
     4      thousand dollars
 
     5    (iii) [For students who have been granted exclusion of parental income
     6  and were single with no dependent for income tax purposes during the tax
     7  year next preceding the academic year for which application is made, the
     8  base  amount, as determined in subparagraph (i) of this paragraph, shall
     9  be reduced in relation to income as follows:

    10  Amount of income                    Schedule of reduction of
    11                                      base amount

    12  (A) Less than three thousand        None
    13      dollars
    14  (B) Three thousand dollars or       Thirty-one per centum of the ex-
    15      more, but not more than ten     cess over three thousand dollars
    16      thousand dollars

    17    (iv)] If the amount of reduction is not a whole dollar,  it  shall  be
    18  reduced  to the next lowest whole dollar. In the case of any student who
    19  has received four or more  payments  pursuant  to  any  and  all  awards
    20  provided for in this subdivision, for the two thousand--two thousand one
    21  academic  year  the  base  amount  shall be reduced by an additional one
    22  hundred fifty dollars for the two thousand one--two thousand two academ-
    23  ic year and thereafter the base amount shall be reduced by an additional
    24  one hundred dollars.
    25    [(v)] (iv) The award shall be the net amount of the base amount deter-
    26  mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
    27  subparagraph (ii) [or (iii)] of this paragraph but the award  shall  not
    28  be  reduced below one hundred dollars. If the income exceeds the maximum
    29  amount of income allowable under subparagraph (ii) [or  (iii)]  of  this
    30  paragraph, no award shall be made.
    31    c. Restrictions. In no [even shall] event shall any award:
    32    (i)  be made unless the annual tuition (exclusive of educational fees)
    33  and, if applicable, the college fee levied by the  state  university  of
    34  New  York  pursuant  to  the  April  first,  nineteen hundred sixty-four
    35  financing agreement with the New York state dormitory authority  charged
    36  for  the  program  in  which  the student is enrolled total at least two
    37  hundred dollars; or
    38    (ii) exceed the amount by which  such  annual  tuition  (exclusive  of
    39  educational  fees)  and,  if  applicable,  the college fee levied by the
    40  state university of New York  pursuant  to  the  April  first,  nineteen
    41  hundred sixty-four financing agreement with the New York state dormitory
    42  authority  exceed the total of all other state, federal, or other educa-
    43  tional aid that is received or receivable by  such  student  during  the
    44  school year for which such award is applicable and that, in the judgment
    45  of the commissioner, would duplicate the purposes of the award; or
    46    (iii) be made when income exceeds the maximum income set forth in this
    47  subdivision.  The  commissioner  shall list in his regulations all major
    48  state and federal financial aid available to New York state students and
    49  identify any forms of aid that are duplicative of the  purposes  of  the
    50  tuition  assistance  program.  For  the  purposes  of  this subdivision,
    51  neither United States war orphan educational benefits nor benefits under

        S. 9006--B                         91
 
     1  the veterans' readjustment act of nineteen hundred  sixty-six  shall  be
     2  considered as federal or other educational aid.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
 
     5                                   PART Z
 
     6    Section  1.  (a) There is hereby established a fiscal cliff task force
     7  to study fiscal cliffs in the state's  public  assistance  programs  and
     8  make  recommendations on how to reduce and eliminate such fiscal cliffs.
     9  For the purposes of this section, the term "fiscal cliff" shall  mean  a
    10  sudden  decrease in public benefits that can occur with a small increase
    11  in earnings.
    12    (b) (i) The task force shall consist  of  nineteen  members,  each  to
    13  serve  for  a  term  ending  December  31,  2028.  Such members shall be
    14  appointed as follows:  two members shall be appointed by  the  temporary
    15  president  of  the senate; one member shall be appointed by the minority
    16  leader of the senate; two members shall be appointed by the  speaker  of
    17  the  assembly;  one  member shall be appointed by the minority leader of
    18  the assembly; five members shall be appointed  by  the  governor;  three
    19  local  social  services district commissioners or their designees having
    20  relevant experience in administering public benefits shall be  appointed
    21  by  the  governor, of which one district shall have five million or more
    22  inhabitants; the commissioner of the office of temporary and  disability
    23  assistance or their designee; the commissioner of health or their desig-
    24  nee;  the  commissioner  of  taxation and finance or their designee; the
    25  commissioner of the department of labor or their designee;  the  commis-
    26  sioner  of the office of children and family services or their designee.
    27  Appointments shall be made within sixty days of the  effective  date  of
    28  this  section. Vacancies in the task force shall be filled in the manner
    29  provided for original appointments.
    30    (ii) All appointments shall be coordinated to ensure geographic repre-
    31  sentation from the entire state.
    32    (iii) The task force shall elect a chair, vice-chair, and other neces-
    33  sary officers from among all appointed members.
    34    (iv) A majority of the members of the task force then in office  shall
    35  constitute  a  quorum for the transaction of business or the exercise of
    36  any power or function of the task force. An act, determination or  deci-
    37  sion  of  the  majority  of the members present during the presence of a
    38  quorum shall be held to be the act, determination, or  decision  of  the
    39  task force.
    40    (v)  The  task  force shall meet at least quarterly at the call of the
    41  chair. Meetings may be held via teleconference. Special meetings may  be
    42  called  by  the chair at the request of a majority of the members of the
    43  task force.
    44    (vi) Members of the task force shall receive no compensation for their
    45  services but shall be reimbursed for their actual expenses  incurred  in
    46  the performance of their duties in the work of the task force.
    47    (c) The task force shall:
    48    (i)  conduct  a  study  on  the fiscal cliffs in the state. Such study
    49  shall include, but not be limited to: public  assistance  programs;  the
    50  supplemental  nutrition  assistance  program  (SNAP);  the  home  energy
    51  assistance program (HEAP); housing assistance; the child care tax credit
    52  and other tax credits; the school tax relief program  (STAR)  and  other
    53  real  property tax credits and reductions; Medicaid; NY state of health,
    54  the official health plan  marketplace;  child  care  subsidies  tied  to

        S. 9006--B                         92
 
     1  income;  cash  benefits;  effective  tax rates; and any other program or
     2  service provided by the state or any political subdivision thereof which
     3  is tied to income;
     4    (ii)  study the causes and reasons why fiscal cliffs occur to individ-
     5  uals on public benefits, including but not limited  to,  the  impact  of
     6  current  public  assistance  programs  monetary allotments, asset tests,
     7  asset limits, and income disregards, as well as  how  minimum  wage  and
     8  other earnings may impact those receiving public benefits; and
     9    (iii)  recommend ways to reduce and/or eliminate fiscal cliffs includ-
    10  ing, but not limited to, recommending program and policy  modifications,
    11  amendments  to the law, including but not limited to possible changes in
    12  calculating and paying the earned income tax credit or other  tax  cred-
    13  its, changes to the New York codes, rules and regulations, and any other
    14  recommendation the task force deems appropriate.
    15    (d) The task force may, as it deems appropriate, request that studies,
    16  surveys,  or  analyses relating to the task force's powers and duties be
    17  performed by any state department, commission, agency or public authori-
    18  ty. All state departments, commissions, agencies or  public  authorities
    19  shall  provide  information  and advice in a timely manner and otherwise
    20  assist the task force with its work.
    21    (e) The office of temporary and disability  assistance  shall  provide
    22  staff  services  to the task force and such other administrative assist-
    23  ance as may be necessary for the task force to  carry  out  its  duties,
    24  functions and powers.
    25    (f) The task force shall make a preliminary report to the governor and
    26  the legislature of its findings, conclusions, recommendations and activ-
    27  ities  already  undertaken  by the task force, not later than January 1,
    28  2028, and a final report of its findings,  conclusions,  recommendations
    29  and  activities  already  undertaken  by  the task force, not later than
    30  September  1,  2028  and  shall  submit  with  its  reports  legislative
    31  proposals as it deems necessary to implement its recommendations.
    32    §  2.  This  act  shall take effect immediately and shall expire three
    33  years after it  shall  have  become  a  law  when  upon  such  date  the
    34  provisions of this act shall be deemed repealed.
 
    35                                   PART AA
 
    36    Section  1. Subdivision 1 of section 350 of the social services law is
    37  amended by adding a new paragraph (c) to read as follows:
    38    (c) In accordance with the regulations of the department  approved  by
    39  the  director  of the budget, allowances granted under the provisions of
    40  this title may include the costs of diapers for an eligible  child,  two
    41  years  of  age  or  younger.  Said  allowances  shall  not exceed eighty
    42  dollars, every three months, per eligible child.
    43    § 2. This act shall take effect on the first of April next  succeeding
    44  the date on which it shall have become a law.
 
    45                                   PART BB
 
    46    Section  1.  Short  title. This act shall be known and may be cited as
    47  the "shelter arrears eviction forestallment act".
    48    § 2. The social services law is amended by adding a new section 131-cc
    49  to read as follows:
    50    § 131-cc. Shelter arrears eviction forestallment program. 1. (a) With-
    51  in amounts appropriated therefor, the office of temporary and disability
    52  assistance shall establish the shelter  arrears  eviction  forestallment

        S. 9006--B                         93
 
     1  program  to  provide  emergency  assistance  for  rent  arrears  for the
     2  prevention of eviction due to nonpayment of rent  or  mortgage  arrears,
     3  homeowners'  association  fees, legal fees, or late fees if an applicant
     4  can  establish that such expenses are necessary to retain their housing.
     5  Funds shall be allocated to social services districts with a  population
     6  of  five  million  or  fewer,  for  services and expenses related to the
     7  payment of rent arrears necessary to retain housing  and  to  households
     8  that are in receipt of or who would be eligible for ongoing or emergency
     9  public  assistance  pursuant to section one hundred thirty-one-a of this
    10  title but have  exhausted  the  allowable  frequency  of  such  payments
    11  through  the  emergency safety net assistance or emergency assistance to
    12  families programs.  Each social services district  to  which  funds  are
    13  allocated  pursuant  to this section shall use best efforts to make such
    14  funds available to  households  for  the  purposes  set  forth  in  this
    15  section.
    16    (b)  The  office of temporary and disability assistance shall allocate
    17  funding to social services districts with a population of  five  million
    18  or  fewer,  with  a methodology that shall consider the rate of eviction
    19  filings and other indicators of need as  determined  by  the  office  of
    20  temporary and disability assistance.
    21    (c)  The  office  shall  establish rules for the administration of the
    22  program, including but not limited to:
    23    (i) requiring payments shall not exceed  a  total  of  six  months  of
    24  arrears  in  addition  to payments previously made through the emergency
    25  safety net assistance or emergency assistance to families programs;
    26    (ii) providing that such payments shall not be limited by the  shelter
    27  allowance  amount  set forth in section one hundred thirty-one-a of this
    28  title and shall not be part of the standard of  need  pursuant  to  such
    29  section;
    30    (iii)  providing  that  funding allocated to social services districts
    31  pursuant to this section shall not replace or reduce any other emergency
    32  assistance allocations such districts would otherwise receive;
    33    (iv) requiring program payments be made directly to  the  landlord  or
    34  property  owner  on  behalf of a tenant. Tenants, landlords and property
    35  managers shall be notified of any assistance provided under the program;
    36    (v) providing that program payments may be issued  to  households  who
    37  are  unable  to  reasonably demonstrate an ability to pay future shelter
    38  expenses;
    39    (vi) providing that districts may establish local  criteria  regarding
    40  the  use  of  their allocations and will maintain responsibility for not
    41  exceeding their allocation issued pursuant to this section; and
    42    (vii) providing that districts may  elect  to  delegate  the  adminis-
    43  tration  of the program established pursuant to this section, in full or
    44  in part, to another public agency, contractor  or  non-profit  organiza-
    45  tion.
    46    2.  In  a  form  and  manner prescribed by the office of temporary and
    47  disability assistance, social services districts with  a  population  of
    48  five  million or fewer shall submit annual reports to the office includ-
    49  ing but not limited to the following information:
    50    (a) the criteria used by such social services  district  to  determine
    51  program eligibility;
    52    (b) the dollar value of arrears issued under the program; and
    53    (c)  basic  demographic information on the households served including
    54  but not limited to the:
    55    (i) number of households served;
    56    (ii) number of households served for multiple periods;

        S. 9006--B                         94
 
     1    (iii) number and percentage of households with and without children;
     2    (iv)  number  and percentage of households with an open public assist-
     3  ance (PA) case;
     4    (v) age distribution of the primary tenant;
     5    (vi) distribution of the number of children;
     6    (vii) distribution of total payment amount; and
     7    (viii) distribution of race and ethnicity.
     8    3. The office of temporary and disability assistance  shall  submit  a
     9  report  to  the governor, the temporary president of the senate, and the
    10  speaker of the assembly by the thirty-first of December  of  each  year.
    11  Such  report shall cover the twelve-month period ending on the thirtieth
    12  of September immediately preceding the date the report is due and  shall
    13  include  but  not  be  limited  to the information submitted pursuant to
    14  subdivision two of this section, in the aggregate for the state and  for
    15  each county.
    16    § 3. This act shall take effect immediately.
 
    17                                   PART CC
 
    18    Section  1.   The state finance law is amended by adding a new section
    19  89-g to read as follows:
    20    § 89-g. Youth justice innovation fund. 1.  A fund to be known  as  the
    21  "youth  justice innovation fund" is hereby established in the custody of
    22  the state comptroller and the commissioner of taxation and finance.
    23    2. The fund shall consist of fifty million dollars transferred to such
    24  account pursuant to a plan developed by the director of the budget  from
    25  funds  made  available  for  the  purposes of funding services for youth
    26  through the age of twenty-five, and  any  interest  earnings  which  may
    27  accrue  from  the  investment  of  monies in the fund. Nothing contained
    28  herein shall prevent the state from receiving grants, gifts or  bequests
    29  for  the  purposes of the fund as defined in this section and depositing
    30  them into the fund according to law.
    31    3. Monies of the fund shall be available to the division  of  criminal
    32  justice  services and shall be provided to community-based organizations
    33  to be expended for services and  programs  with  the  purpose  of  youth
    34  development  and  preventing  youth arrest and incarceration, including,
    35  but not limited to, those  providing  violence-prevention  services  for
    36  youth,  alternatives  to detention, placement and incarceration programs
    37  for youth, and reentry, education, and employment training and placement
    38  programs for youth through the age of twenty-five.
    39    4. On or before the first day of March of each year, the  director  of
    40  the division of criminal justice services shall provide a written report
    41  to  the  temporary president of the senate, the speaker of the assembly,
    42  the minority leader of the senate, the minority leader of the  assembly,
    43  the  chair  of  the  senate finance committee, the chair of the assembly
    44  ways and means committee, the chair of the senate  committee  on  codes,
    45  the chair of the assembly committee on codes, the state comptroller, and
    46  the  public.  Such  report shall include how the monies of the fund were
    47  utilized during the preceding calendar year, and shall include:
    48    (a) the amount of money disbursed from the fund and the award  process
    49  used for such disbursements;
    50    (b) recipients of awards from the fund;
    51    (c) the amount awarded to each recipient;
    52    (d) the purposes for which such awards were granted; and
    53    (e) a summary financial plan for such monies which shall include esti-
    54  mates of all receipts and all disbursements for the current and succeed-

        S. 9006--B                         95
 
     1  ing  fiscal  years,  along with the actual results from the prior fiscal
     2  year.
     3    5.  Monies  shall be payable from the fund on the audit and warrant of
     4  the comptroller on vouchers approved and certified by  the  director  of
     5  the division of criminal justice services.
     6    § 2. This act shall take effect immediately and shall apply to expend-
     7  itures made on and after April 1, 2026.
 
     8                                   PART DD
 
     9    Section 1. Section 355 of the education law is amended by adding a new
    10  subdivision 22 to read as follows:
    11    22.  The  state  university  trustees  shall  adopt  a  policy for the
    12  provision of emergency contraception available for purchase  through  at
    13  least  one vending machine, existing or new, located on each state-oper-
    14  ated institution in the  state  university  offering  in-person  student
    15  instruction.    The  vending  machine  shall  be located in a secure and
    16  accessible area of campus.  The location of the vending machine shall be
    17  included on the institution's website.
    18    (a)  Emergency  contraception  made  available  through  each  vending
    19  machine shall satisfy, at a minimum, all of the following requirements:
    20    (i)  The emergency contraception shall be sold only in the manufactur-
    21  er's clearly labeled, original, unbroken, tamper-proof, and  expiration-
    22  dated packaging.
    23    (ii) The emergency contraception may not be older than the manufactur-
    24  er's expiration date.
    25    (iii)  The  emergency contraception shall be stored in accordance with
    26  manufacturer recommendations.
    27    (b) For the purposes of this subdivision, the term "emergency  contra-
    28  ception"  means over-the-counter medication to be self-administered that
    29  is approved by the federal Food and Drug Administration that can signif-
    30  icantly reduce the risk of pregnancy if taken within  seventy-two  hours
    31  after unprotected sexual intercourse.
    32    §  2.  Section  6206  of  the education law is amended by adding a new
    33  subdivision 25 to read as follows:
    34    25. The board of trustees shall adopt a policy requiring the provision
    35  of emergency contraception available for purchase through at  least  one
    36  vending  machine,  existing  or  new, located on each institution of the
    37  city university of New York offering in-person student instruction.  The
    38  vending  machine  shall  be  located  in a secure and accessible area of
    39  campus.  The location of the vending machine shall be  included  on  the
    40  institution's website.
    41    (a)  Emergency  contraception  made  available  through  each  vending
    42  machine shall satisfy, at a minimum, all of the following requirements:
    43    (i) The emergency contraception shall be sold only in the  manufactur-
    44  er's  clearly labeled, original, unbroken, tamper-proof, and expiration-
    45  dated packaging.
    46    (ii) The emergency contraception may not be older than the manufactur-
    47  er's expiration date.
    48    (iii) The emergency contraception shall be stored in  accordance  with
    49  manufacturer recommendations.
    50    (b)  For the purposes of this subdivision, the term "emergency contra-
    51  ception" means over-the-counter medication to be self-administered  that
    52  is approved by the federal Food and Drug Administration that can signif-
    53  icantly  reduce  the risk of pregnancy if taken within seventy-two hours
    54  after unprotected sexual intercourse.

        S. 9006--B                         96
 
     1    § 3. This act shall take effect April 1, 2027. The boards of  trustees
     2  for the state university of New York and the city university of New York
     3  shall  adopt  policies to implement the provisions of this act within 60
     4  days after this act shall have become a law.
 
     5                                   PART EE
 
     6    Section  1. Section 6301 of the education law is amended by adding two
     7  new subdivisions 7 and 8 to read as follows:
     8    7. "Emergency aid grant". A grant provided to an undergraduate student
     9  attending a community college, as defined in  subdivision  two  of  this
    10  section and subdivision two of section three hundred fifty of this chap-
    11  ter,  and determined by such college to be eligible for such grant, who,
    12  due to unexpected or unforeseen events,  requires  financial  assistance
    13  for  expenses  which  may include but are not limited to food, clothing,
    14  housing, course materials, technology, transportation, medical expenses,
    15  or child care. An emergency aid grant shall not be used to pay outstand-
    16  ing tuition or fees or for the repayment of student loans.
    17    8. "Emergency aid grant program". The program established pursuant  to
    18  section  sixty-three  hundred twelve of this article wherein a community
    19  college provides emergency aid grants to  students  and  for  which  the
    20  state provides annual matching funds to such college.
    21    § 2. The education law is amended by adding a new section 6312 to read
    22  as follows:
    23    §  6312.  Emergency  aid  grant  matching  program.  1. Each community
    24  college established and operated pursuant  to  the  provisions  of  this
    25  article  shall  establish  an  emergency  aid grant program for students
    26  deemed eligible for such emergency aid. The  state  shall  provide  each
    27  community  college  an  appropriation  equal  to  one-half of all grants
    28  disbursed or to be disbursed in such program, provided that such  appro-
    29  priation  shall  not exceed twelve hundred fifty dollars per student who
    30  received or will receive an emergency aid grant  and  shall  not  exceed
    31  more than sixty-two thousand five hundred dollars per community college.
    32    2.  The  board  of  trustees may establish requirements, as such board
    33  deems necessary, for community colleges to  access  the  matching  funds
    34  provided  by  the  state  pursuant  to  subdivision one of this section,
    35  provided that:
    36    a. Emergency aid grants shall not be used  to  cover  any  outstanding
    37  tuition or fees owed to the state university of New York;
    38    b.  Emergency  aid  grants  shall  not  be  treated  as income for the
    39  purposes of calculating financial aid offers or awards or when determin-
    40  ing any expected student and/or family contribution; and
    41    c. Community colleges shall demonstrate, to the  satisfaction  of  the
    42  board,  that,  as  a  component of a campus emergency aid grant program,
    43  such college has other sufficient resources and  services  available  to
    44  support students experiencing financial distress.
    45    3.  Within  thirty days of the conclusion of every academic year, each
    46  community college shall submit the necessary data prescribed in  section
    47  six  hundred  eighty-nine-b of this chapter to the New York state higher
    48  education services corporation for the purposes of the  report  required
    49  by such section.
    50    §  3.  Section  350  of the education law is amended by adding two new
    51  subdivisions 14 and 15 to read as follows:
    52    14. "Emergency aid grant" means a grant provided to  an  undergraduate
    53  student  attending  a state-operated institution, as defined in subdivi-
    54  sion four of this section, and determined  by  such  institution  to  be

        S. 9006--B                         97
 
     1  eligible  for  such  grant, who, due to unexpected or unforeseen events,
     2  requires financial assistance for expenses which may include but are not
     3  limited to food, clothing, housing, course materials, technology, trans-
     4  portation, medical expenses, or child care. An emergency aid grant shall
     5  not  be  used to pay outstanding tuition or fees or for the repayment of
     6  student loans.
     7    15. "Emergency aid grant program" means the program established pursu-
     8  ant to section three hundred fifty-five-f  of  this  article  wherein  a
     9  state-operated institution provides emergency aid grants to students and
    10  for which the state provides annual matching funds to such institution.
    11    §  4.  The  education  law is amended by adding a new section 355-f to
    12  read as follows:
    13    § 355-f. Emergency aid grant matching program. 1. Each  state-operated
    14  institution  shall establish an emergency aid grant program for students
    15  deemed eligible by such institution for such emergency  aid.  The  state
    16  shall  provide  each institution with an appropriation equal to one-half
    17  of all grants disbursed or to be disbursed  in  such  program,  provided
    18  that  such  appropriation  shall not exceed twelve hundred fifty dollars
    19  per student who received or will receive  an  emergency  aid  grant  and
    20  shall  not  exceed more than sixty-two thousand five hundred dollars per
    21  state-operated institution.
    22    2. The state university trustees may establish requirements,  as  such
    23  trustees  deem  necessary, for state-operated institutions to access the
    24  matching funds provided by the state pursuant to subdivision one of this
    25  section, provided that:
    26    a. Emergency aid grants shall not be used  to  cover  any  outstanding
    27  tuition or fees owed to the state university of New York;
    28    b.  Emergency  aid  grants  shall  not  be  treated  as income for the
    29  purposes of calculating financial aid offers or awards or when determin-
    30  ing any expected student and/or family contribution; and
    31    c. State-operated institutions shall demonstrate, to the  satisfaction
    32  of  the  trustees,  that, as a component of a campus emergency aid grant
    33  program, such institution has other sufficient  resources  and  services
    34  available to support students experiencing financial distress.
    35    3.  Within  thirty days of the conclusion of every academic year, each
    36  state-operated institution shall submit the necessary data prescribed in
    37  section six hundred eighty-nine-b of this title to the  New  York  state
    38  higher  education  services  corporation  for the purposes of the report
    39  required by such section.
    40    § 5. Section 6202 of the education law is amended by  adding  two  new
    41  subdivisions 10 and 11 to read as follows:
    42    10.  The  term "emergency aid grant" shall mean a grant provided to an
    43  undergraduate student attending  a  community  college,  as  defined  in
    44  subdivision  four  of  this  section, or a senior college, as defined in
    45  subdivision five of this section, and determined by such college  to  be
    46  eligible  for  such  grant, who, due to unexpected or unforeseen events,
    47  requires financial assistance for expenses which may include but are not
    48  limited to food, clothing, housing, course materials, technology, trans-
    49  portation, medical expenses, or child care. An emergency aid grant shall
    50  not be used to pay outstanding tuition or fees or for the  repayment  of
    51  student loans.
    52    11.  The  term  "emergency  aid  grant program" shall mean the program
    53  established pursuant to section sixty-two hundred  thirty-five  of  this
    54  article wherein a community college or senior college provides emergency
    55  aid  grants to students and for which the state provides annual matching
    56  funds to such college.

        S. 9006--B                         98
 
     1    § 6. The education law is amended by adding a new section 6235 to read
     2  as follows:
     3    §  6235.  Emergency  aid  grant  matching  program.  1. Each community
     4  college and senior  college  shall  establish  an  emergency  aid  grant
     5  program  for students deemed eligible by such college for such emergency
     6  aid. The state shall provide each college with an appropriation equal to
     7  one-half of all grants disbursed or to be  disbursed  in  such  program,
     8  provided  that  such appropriation shall not exceed twelve hundred fifty
     9  dollars per student who received or will receive an emergency aid  grant
    10  and  shall  not exceed more than sixty-two thousand five hundred dollars
    11  per community college or senior college.
    12    2. The board of trustees, as defined in  subdivision  one  of  section
    13  sixty-two  hundred  two  of this article, may establish requirements, as
    14  such board deems necessary, for community colleges and  senior  colleges
    15  to  access the matching funds provided by the state pursuant to subdivi-
    16  sion one of this section, provided that:
    17    a. Emergency aid grants shall not be used  to  cover  any  outstanding
    18  tuition or fees owed to the city university of New York;
    19    b.  Emergency  aid  grants  shall  not  be  treated  as income for the
    20  purposes of calculating financial aid offers or awards or when determin-
    21  ing any expected student and/or family contribution; and
    22    c. A community college or senior college  shall  demonstrate,  to  the
    23  satisfaction  of  the  board, that, as a component of a campus emergency
    24  aid grant program, such  college  has  other  sufficient  resources  and
    25  services available to support students experiencing financial distress.
    26    d.  Within  thirty days of the conclusion of every academic year, each
    27  community college and senior college shall  submit  the  necessary  data
    28  prescribed  in  section six hundred eighty-nine-b of this chapter to the
    29  New York state higher education services corporation for the purposes of
    30  the report required by such section.
    31    § 7. The education law is amended by adding a  new  section  689-b  to
    32  read as follows:
    33    § 689-b. Annual report on the emergency aid grant matching program. 1.
    34  The  corporation shall collect from each community college as defined in
    35  subdivision two of section sixty-three  hundred  one  of  this  chapter,
    36  state-operated  institution  as  defined  in subdivision four of section
    37  three hundred fifty of this  title,  community  college  as  defined  in
    38  subdivision  four  of section sixty-two hundred two of this chapter, and
    39  senior college as defined  in  subdivision  five  of  section  sixty-two
    40  hundred  two of this chapter, the following data on each such college or
    41  institution's emergency aid grant programs on an annual basis:
    42    (a) the number of students at each campus who received  funds  through
    43  the  emergency  aid  grant programs established in section three hundred
    44  fifty-five-f of this title and sections sixty-three hundred  twelve  and
    45  sixty-two  hundred  thirty-five of this chapter, and the total amount of
    46  grants awarded;
    47    (b) the average dollar amount provided to  each  student  pursuant  to
    48  such program;
    49    (c) the percentage of students who received an emergency aid grant who
    50  are  still  enrolled  in  the  city  university of New York or the state
    51  university of New York, and the percentage who are not enrolled in  such
    52  universities;
    53    (d) the percentage of students who received an emergency aid grant who
    54  have  successfully completed a degree program at the state university of
    55  New York or the city university of New York;

        S. 9006--B                         99
 
     1    (e) post-graduation  outcomes  of  students  receiving  emergency  aid
     2  grants including further education, employment, and wages, to the extent
     3  such  information  is  available  to the corporation; provided that such
     4  data is presented in an anonymized and aggregated format;
     5    (f)  other information deemed necessary by the corporation to evaluate
     6  the effectiveness of the emergency aid grant program.
     7    2. No later than thirty  days  after  the  corporation  receives  such
     8  information  from  community  colleges, state-operated institutions, and
     9  senior colleges, the corporation shall compile such information into  an
    10  annual report to be published on the corporation's website and transmit-
    11  ted  to  the governor, the speaker of the assembly, the temporary presi-
    12  dent of the senate, and  the  chairs  of  the  senate  higher  education
    13  committee and the assembly higher education committee.
    14    3.  The  corporation is authorized to promulgate rules and regulations
    15  to effectuate the provisions of this section.
    16    § 8. This act shall take effect August 1, 2027 and shall apply to  the
    17  academic  year  next succeeding the date on which it shall have become a
    18  law. Effective immediately, the addition, amendment,  and/or  repeal  of
    19  any  rule  or regulation necessary for the implementation of this act on
    20  its effective date are authorized to be made and completed on or  before
    21  such effective date.
 
    22                                   PART FF
 
    23    Section  1. This act shall be known and may be cited as the "licensure
    24  incentives and fee-support for testing (LIFT) act".
    25    § 2. The education law is amended by adding a new section 7711 to read
    26  as follows:
    27    § 7711. Social work licensure  examination  voucher  program.  1.  The
    28  department  shall  establish  a  program to provide vouchers to eligible
    29  low-income individuals to cover the cost of the examination required for
    30  licensure as a licensed master social worker or licensed clinical social
    31  worker.
    32    2. To be eligible for a  voucher  under  this  section,  an  applicant
    33  shall:    (a) be a resident of the state; (b) be eligible to sit for the
    34  licensed master social worker or licensed clinical social  worker  exam-
    35  ination;  and (c) demonstrate income at or below a threshold established
    36  by the department by rule or regulation, based on income, as  determined
    37  pursuant  to section six hundred sixty-three of this chapter.  Provided,
    38  however, that for applicants who would be considered emancipated  pursu-
    39  ant  to  subdivision  three  of  section six hundred sixty-three of this
    40  chapter, eligibility shall be  determined  without  regard  to  parental
    41  income.
    42    3.  The department shall promulgate rules and regulations necessary to
    43  implement the provisions of this section.
    44    § 3. This act shall take effect on the one hundred twentieth day after
    45  it shall have become a law.
 
    46                                   PART GG
 
    47    Section 1. The social services law is amended by adding a new  section
    48  95-b to read as follows:
    49    §  95-b.  SNAP and cash assistance fraud victims compensation program.
    50  1. The office of temporary and disability assistance shall establish and
    51  maintain a SNAP and cash assistance fraud victims  compensation  program
    52  to  compensate persons who receive benefits from the supplemental nutri-

        S. 9006--B                         100
 
     1  tion assistance program (SNAP) or cash assistance program who  have  had
     2  such benefits stolen or who have been defrauded of such benefits.
     3    2.  The  SNAP  and  cash assistance fraud victims compensation program
     4  shall have an application process which shall be provided in English and
     5  languages other than English, including but not limited to the ten  most
     6  commonly spoken languages, aside from English, in the state.
     7    3.  The inspector general and the attorney general shall work with the
     8  commissioner of temporary and disability assistance to determine whether
     9  a person who receives benefits under the SNAP or cash assistance program
    10  was defrauded of such  benefits  or  if  such  benefits  were  otherwise
    11  stolen.
    12    § 2. The state finance law is amended by adding a new section 99-uu to
    13  read as follows:
    14    §  99-uu. SNAP and cash assistance fraud victims compensation fund. 1.
    15  There is hereby established in the joint  custody  of  the  state  comp-
    16  troller  and  the commissioner of the office of temporary and disability
    17  assistance a fund to be known as the  SNAP  and  cash  assistance  fraud
    18  victims compensation fund, hereinafter referred to as the "fund".
    19    2. Money allocated to the fund shall be kept separate and shall not be
    20  commingled with any other funds in the custody of the state comptroller.
    21    3.  The  fund shall consist of all moneys appropriated for the purpose
    22  of such account, moneys transferred to such  account  pursuant  to  law,
    23  monies  received  from civil penalties regarding the supplemental nutri-
    24  tion assistance program, contributions consisting of promises or  grants
    25  of  any  money  or  property of any kind or value, or any other thing of
    26  value, including grants or other financial assistance from any agency of
    27  government and moneys required by the provisions of this section or  any
    28  other law to be paid into or credited to this account.
    29    4.  Money  expended  from  such fund shall be used consistent with the
    30  SNAP and cash assistance fraud victims compensation  program  as  estab-
    31  lished under section ninety-five-b of the social services law.
    32    § 3. This act shall take effect immediately.
 
    33                                   PART HH
 
    34    Section  1. The social services law is amended by adding a new section
    35  131-y to read as follows:
    36    § 131-y. Youth employment immersion pilot program. 1. For the purposes
    37  of this section, the following terms shall have the following meanings:
    38    (a) "Office" means the office of temporary and disability assistance.
    39    (b) "Program" means  the  youth  employment  immersion  pilot  program
    40  established under this section.
    41    (c)  "Eligible  youths  and young adults" means economically disadvan-
    42  taged state residents who are between the ages of  sixteen  and  twenty-
    43  four  who  are  not  currently  employed,  and (i) for those age sixteen
    44  through eighteen, are enrolled in high school or a  high  school  equiv-
    45  alency program, or (ii) for those age nineteen through twenty-four, have
    46  graduated from high school or received high school equivalency. The term
    47  "eligible  youths  and  young  adults" shall not include individuals who
    48  have completed, or are currently enrolled in, post-secondary  education,
    49  or  a  business,  professional,  vocational,  technical, or trade school
    50  licensed or approved by the regents, or an apprenticeship program.
    51    (d)  "Economically  disadvantaged"  means  state  residents  who   are
    52  currently  receiving  safety net or family assistance or who reside in a
    53  household that would be eligible for receipt of  safety  net  or  family
    54  assistance based on means testing.

        S. 9006--B                         101
 
     1    (e)  "Professional  and transferable skills" shall include, but not be
     2  limited to:
     3    (i) collaboration;
     4    (ii) communication;
     5    (iii) creativity;
     6    (iv) critical thinking; and
     7    (v) self-advocacy.
     8    2.  The  office  shall  establish  a  youth employment immersion pilot
     9  program. The program shall be administered by the local social  services
    10  districts  with  supervision  and  regulation by the office. The program
    11  shall be for eligible youths and young adults which shall include:
    12    (a) up to twenty-five percent of an eligible youth  or  young  adult's
    13  time with the program being spent on education and employment readiness,
    14  including, but not limited to:
    15    (i) attending programs which teach workforce readiness, skill develop-
    16  ment, financial literacy, or digital literacy;
    17    (ii) earning a certification or license; or
    18    (iii) being provided with job placement and retention services; and
    19    (b)  at  least  seventy-five  percent  of  an  eligible youth or young
    20  adult's time with the program being spent engaging  in  paid  employment
    21  that builds professional and transferable skills.
    22    3.  The program shall permit eligible youths and young adults to apply
    23  for participation in the program for a period of up to one year.   Youth
    24  and  young  adults  shall not be permitted to remain as a participant in
    25  the program if they (i) are ages age sixteen through eighteen  and  drop
    26  out of high school; or (ii) otherwise enter post-secondary education, or
    27  a   business,  professional,  vocational,  technical,  or  trade  school
    28  licensed or approved by  the  board  of  regents  or  an  apprenticeship
    29  program while enrolled in the program.
    30    4.  Youths  and  young  adults who complete a full year of the program
    31  shall have the option of re-applying to extend  their  participation  in
    32  the  program by one year if they remain eligible youths and young adults
    33  pursuant to the criteria set forth in subdivision three of this section.
    34    5. The program shall perform outreach to  eligible  youths  and  young
    35  adults  at: high school equivalency programs; high schools, specifically
    36  reaching out to students who do not have  plans  after  graduation;  and
    37  public  assistance work readiness programs. The program shall also reach
    38  out to youths and young adults who are being released  by  the  criminal
    39  justice system or non-secure placement programs.
    40    6. The program may provide employers with subsidies of up one-third of
    41  the  gross  wages  for up to one year for the hiring of a participant in
    42  the program.
    43    7. Program participants shall be compensated for employment, education
    44  and employment readiness components at  a  rate  equal  to  two  hundred
    45  sixty-five percent of the federal poverty line.
    46    §  2.  1. A youth or young adult employment immersion pilot program is
    47  hereby established by the office. The office shall  select  three  local
    48  social  services  districts,  with  one being located in the city of New
    49  York, and the others reflecting geographic diversity. The pilot  program
    50  shall  be  established  and operational within 9 months of the effective
    51  date of this act and remain operational for a minimum of  24  months  to
    52  provide  eligible youth and young adults with services and employment or
    53  connection to employment for the full duration of the pilot.
    54    (a) The local social services district  may  operate  the  program  in
    55  coordination with the applicable local youth bureau.

        S. 9006--B                         102
 
     1    (b)  Nothing  in  this  section  shall  limit  a local social services
     2  district or youth bureau from contracting with a  not-for-profit  entity
     3  to effectuate the youth employment immersion pilot program.
     4    2.  Throughout  the  pilot,  the  local social services district shall
     5  evaluate program participants and report the  following  information  to
     6  the  office,  on  a  schedule  determined  by the office, which does not
     7  include any personally identifying  information  of  any  pilot  program
     8  participant:
     9    (a) the number of participants and the length of time each participant
    10  was in the pilot program;
    11    (b)  the  number  of  participants  who obtained certifications and/or
    12  credentials during their participation in the pilot program;
    13    (c) the number of participants who obtained gainful employment  during
    14  the course of the pilot program; and
    15    (d) any other information requested by the office.
    16    3. The office shall prepare and submit the report, containing the data
    17  analyzation,  annually  to  the governor, the temporary president of the
    18  senate, the speaker of the assembly, the chair of the assembly committee
    19  on social services, and the chair of  the  senate  committee  on  social
    20  services  no  later than ninety days following the conclusion of the two
    21  year pilot program.
    22    4. For the purposes of this section, the term "office" shall mean  the
    23  office of temporary and disability assistance.
    24    §  3.  Subparagraph  (ix) of paragraph (a) of subdivision 8 of section
    25  131-a of the social services law, as added by section 1 of subpart D  of
    26  part  XX  of  chapter  55  of  the  laws  of 2020, is amended to read as
    27  follows:
    28    (ix) all of the income derived from participation in the summer  youth
    29  employment program or youth employment immersion pilot program, provided
    30  however,  that such income shall be exempt only for an individual who is
    31  not older than age twenty-four at the time of enrollment in  the  summer
    32  youth employment program or youth employment immersion pilot program and
    33  such  disregard  must  be  applied  for  the  length of the individual's
    34  participation in such program.  The commissioner shall seek any  federal
    35  waiver  necessary  to  effectuate  the  one-time earned income disregard
    36  pursuant to this subdivision.
    37    § 4. The office of temporary and disability assistance shall submit to
    38  the United States Department of Health and Human Services and the United
    39  States Department of Agriculture Food and Nutrition Service  any  amend-
    40  ments to the state plan which are necessary to effectuate the provisions
    41  of this act.
    42    § 5. This act shall take effect immediately; provided, however, that:
    43    (a)  sections  one,  two  and three of this act shall take effect upon
    44  approval by the United States Department of Health  and  Human  Services
    45  and  the  United  States  Department  of  Agriculture Food and Nutrition
    46  Service of the amendments to the state plan submitted by the  office  of
    47  temporary  and  disability  assistance  pursuant to section four of this
    48  act;
    49    (b) the office of temporary and disability assistance shall notify the
    50  legislative bill drafting commission upon the occurrence of the approval
    51  of the amendments in the state plan provided for under paragraph (a)  of
    52  this  section  in order that the commission may maintain an accurate and
    53  timely effective data base of the official text of the laws of the state
    54  of New York in furtherance of effectuating the provisions of section  44
    55  of the legislative law and section 70-b of the public officers law; and

        S. 9006--B                         103
 
     1    (c)  effective  immediately,  the addition, amendment and/or repeal of
     2  any rule or regulation necessary for the implementation of this  act  on
     3  its  effective date are authorized to be made and completed on or before
     4  such effective date.
 
     5                                   PART II
 
     6    Section  1. The private housing finance law is amended by adding a new
     7  article 31-A to read as follows:
 
     8                                ARTICLE 31-A
     9                            JOBS AND HOUSING ACT

    10  Section 1283. Short title.
    11          1284. Definitions.
    12          1285. Jobs and housing pilot program.
    13          1286. Report.
    14    § 1283. Short title. This article shall be known and may be  cited  as
    15  the "jobs and housing pilot program".
    16    § 1284. Definitions. For the purposes of this article:
    17    1. "Agency" shall mean the housing finance agency established pursuant
    18  to section forty-three of this chapter.
    19    2. "Eligible project" shall mean preservation of buildings owned under
    20  article two, four, five, or eleven of this chapter and operated as coop-
    21  erative  housing  or  new  construction  of rental or ownership multiple
    22  dwellings affordable to persons of low and moderate incomes.
    23    3. "Project labor agreement" shall mean a pre-hire collective bargain-
    24  ing agreement between an owner or contractor and bona fide building  and
    25  construction  trade  labor  organization which has established itself as
    26  the collective  bargaining  representative  for  all  persons  who  will
    27  perform work on such a project, and which provides that only contractors
    28  and  subcontractors  who  sign a pre-negotiated agreement with the labor
    29  organization can perform work on such a project.
    30    4. "Building service employee" shall mean any person who is  regularly
    31  employed  at,  and  performs work in connection with the care or mainte-
    32  nance of, an eligible multiple dwelling, including, but not limited to a
    33  watchman, guard, doorman, building cleaner, porter,  handyman,  janitor,
    34  gardener,  groundskeeper,  elevator  operator  and  starter,  and window
    35  cleaner; provided, however, that building  service  employee  shall  not
    36  include  persons  regularly scheduled to work fewer than eight hours per
    37  week.
    38    § 1285. Jobs and housing pilot program. 1. Within amounts appropriated
    39  or otherwise available therefor, the agency shall develop and administer
    40  a jobs and housing pilot program  to  construct  and  preserve  housing,
    41  including  workforce  housing,  that  is  affordable to low and moderate
    42  income persons, and creates good jobs for those who build  and  work  in
    43  such  housing.  The  agency  is hereby authorized to take administrative
    44  actions when necessary to comply with the requirements within this arti-
    45  cle.
    46    2. The agency shall post on its website the request  for  applications
    47  for eligible projects to apply for funding awards.
    48    3.  In  order  to  qualify  for a funding award under the program, the
    49  applicant shall:
    50    (a) demonstrate a plan to use contractors that participate in  appren-
    51  ticeship  programs  registered  pursuant  to article twenty-three of the
    52  labor law; and

        S. 9006--B                         104
 
     1    (b)  attest  to  responsibility  for  ensuring  that  all  demolition,
     2  construction,  rehabilitation,  renovation,  retrofit  or repair work is
     3  subject to article eight of the  labor  law,  including  the  applicable
     4  prevailing wage pursuant to section two hundred twenty of the labor law.
     5  As  part  of  such  attestation,  the applicant shall agree to joint and
     6  several responsibility for any penalties assessed under article eight of
     7  the labor law that are against any contractor or  subcontractor  on  the
     8  applicant's  eligible  project  under  this program. Where the applicant
     9  agrees to enter into a project labor agreement, this paragraph shall not
    10  apply; and
    11    (c) attest to responsibility for ensuring that  all  building  service
    12  employees  employed  by the applicant for an eligible project subject to
    13  this article shall receive the applicable prevailing wage for the eligi-
    14  ble project. As part of such attestation, the applicant shall  agree  to
    15  joint  and several responsibility for any penalties assessed under arti-
    16  cle nine of the labor law that are against any contractor or subcontrac-
    17  tor on the applicant's eligible project under this program; and
    18    (d) demonstrate a commitment to utilizing financing, in part,  from  a
    19  labor  organization's  pension fund or a commingled fund of pension fund
    20  investments with a demonstrated track record of successful investment in
    21  both new construction and substantial rehabilitation of affordable hous-
    22  ing.
    23    4. Nothing in this article shall impair  eligible  projects  receiving
    24  funding awards under this article from concurrently receiving funding or
    25  benefits  for the construction or preservation of housing, including but
    26  not limited to real property tax exemptions, tax credit financing,  bond
    27  financing,  subordinate debt, grants, credit enhancement and guarantees,
    28  and other such funding or benefits as may be  necessary  to  ensure  the
    29  feasibility  of  eligible  projects  receiving funding awards under this
    30  article.
    31    5. To certify compliance with subdivision three of this  section,  the
    32  agency  shall designate the fiscal officer pursuant to article eight and
    33  article nine of the labor law as the enforcement officer on such  eligi-
    34  ble projects.
    35    §  1286.  Report. 1. No later than three years following the effective
    36  date of this article, the division  of  housing  and  community  renewal
    37  shall  issue  a  report on the jobs and housing pilot program containing
    38  data on program applications and awards. Such report shall include,  but
    39  not be limited to:
    40    (a) the number of applications for funding received;
    41    (b) the number of applications selected for award and contract;
    42    (c) the amount of funding disbursed, by eligible project;
    43    (d) the number of new housing units financed; and
    44    (e) the number of preserved housing units financed.
    45    2.  Such  report  required pursuant to subdivision one of this section
    46  shall be posted and made publicly available on the division  of  housing
    47  and community renewal's website in a clear and conspicuous manner.
    48    § 2. This act shall take effect immediately.
 
    49                                   PART JJ
 
    50    Section  1.  The  state finance law is amended by adding a new section
    51  99-uu to read as follows:
    52    § 99-uu. New York state worker protection and  labor  law  enforcement
    53  fund.  1.  There is hereby established in the joint custody of the state
    54  comptroller and the commissioner of taxation and finance a special  fund

        S. 9006--B                         105
 
     1  to  be  known  as  the  New  York  state worker protection and labor law
     2  enforcement fund.
     3    2.  Such  fund  shall  consist  of  all monetary damages and penalties
     4  recovered by the department of labor  for  employer  violations,  unless
     5  otherwise designated, of articles two, five, six, eight, nine, nineteen,
     6  nineteen-B, twenty-C, twenty-five-A, twenty-five-B, and twenty-five-C of
     7  the  labor  law  or  with  any regulations related thereto and all other
     8  moneys appropriated thereto from any other fund or  source  pursuant  to
     9  law;  provided,  however that no monies due and owing to any other party
    10  shall be dedicated to the fund.  Nothing contained in this section shall
    11  prevent the state from receiving  grants,  gifts  or  bequests  for  the
    12  purposes of the fund as defined in this section and depositing them into
    13  the fund according to law.
    14    3.  The  monies  in  the fund, after appropriation by the legislature,
    15  shall be available to the commissioner of labor for the sole purpose  of
    16  supplementing  the  department's labor law enforcement duties; provided,
    17  however, that such funding shall be  appropriated  in  addition  to  any
    18  other monies appropriated to the department for the state fiscal year in
    19  effect on the effective date of this section.
    20    4.  On  or  before January first of each year, the department of labor
    21  shall provide a written report detailing how the monies of the fund were
    22  utilized during the preceding fiscal year. Such report shall be provided
    23  to the temporary president of the senate, the speaker of  the  assembly,
    24  the  chair  of  the  senate finance committee, the chair of the assembly
    25  ways and means committee, the chair of the senate  committee  on  labor,
    26  the  chair  of  the assembly labor committee, and the state comptroller.
    27  Such report shall be  posted  on  the  department's  website  and  shall
    28  include:
    29    (a)  the  number  of  enforcement  proceedings  initiated for employer
    30  violations of articles two, five,  six,  eight,  nine,  nineteen,  nine-
    31  teen-B, twenty-C, twenty-five-A, twenty-five-B, and twenty-five-C of the
    32  labor  law  or  any  regulations related thereto, the name of the entity
    33  against which such proceeding was initiated and the amount collected for
    34  each such proceeding, if any;
    35    (b) the amount of money available and dispersed from the fund over the
    36  previous twelve months;
    37    (c) a description on how such monies were used, including  the  number
    38  of enforcement personnel hired or supported by such monies; and
    39    (d) a summary financial plan for such monies which shall include esti-
    40  mates of all receipts and all disbursements for the next fiscal year.
    41    § 2. This act shall take effect April 1, 2026.
 
    42                                   PART KK
 
    43    Section  1. Subdivisions 3, 4, and 5 of section 27-b of the labor law,
    44  as added by chapter 82 of the laws of  2006,  are  amended  to  read  as
    45  follows:
    46    3.  Risk  evaluation  and determination. Every employer shall evaluate
    47  its workplace or workplaces to determine  the  presence  of  factors  or
    48  situations in such workplace or workplaces that might place employees at
    49  risk  of  occupational  assaults and homicides. Examples of such factors
    50  shall include, but not be limited to:
    51    a. working in public settings (e.g., social services or other  govern-
    52  mental  workers,  police officers, firefighters, teachers, public trans-
    53  portation drivers, health care workers, and service workers);
    54    b. working late night or early morning hours;

        S. 9006--B                         106
 
     1    c. exchanging money with the public;
     2    d. working alone or in small numbers;
     3    e. abusive conduct and bullying in the workplace;
     4    f. uncontrolled access to the workplace; and
     5    [f.] g. areas of previous security problems.
     6    4.  Written workplace violence prevention program. Every employer with
     7  at least twenty full time permanent employees shall develop  and  imple-
     8  ment  a  written workplace violence prevention program for its workplace
     9  or workplaces that includes the following:
    10    a. a list of the risk factors identified in subdivision three of  this
    11  section that are present in such workplace or workplaces;
    12    b.  the  methods the employer will use to prevent incidents of occupa-
    13  tional assaults and homicides at such workplace or workplaces, including
    14  but not limited to the following:
    15    (1) making high-risk areas more visible to more people;
    16    (2) installing good external lighting;
    17    (3) using drop safes or other methods to minimize cash on hand;
    18    (4) posting signs stating that limited cash is on hand;
    19    (5) providing training in conflict resolution and nonviolent  self-de-
    20  fense responses; and
    21    (6)  establishing  and implementing reporting systems for incidents of
    22  aggressive behavior, abusive conduct, and bullying.
    23    5. Employee information and training. a. Every employer with at  least
    24  twenty  permanent  full  time employees shall make the written workplace
    25  violence prevention program available, upon request, to  its  employees,
    26  their designated representatives and the department.
    27    b.  Every  employer  shall  provide its employees with [the following]
    28  information and training on preventing and reporting workplace  bullying
    29  and abusive conduct and the risks of occupational assaults and homicides
    30  in their workplace or workplaces at the time of their initial assignment
    31  and annually thereafter:
    32    (1)  employees  shall be informed of the requirements of this section,
    33  the risk factors in their workplace or workplaces, and the location  and
    34  availability  of  the  written  workplace  violence  prevention  program
    35  required by this section; and
    36    (2) employee training shall include at least: (a) how how to  identify
    37  and  report  workplace  bullying  and  abusive  conduct and the measures
    38  employees can take to protect  themselves  from  such  risks,  including
    39  specific  procedures  the employer has implemented to protect employees,
    40  such as appropriate work practices, emergency procedures, use of securi-
    41  ty alarms and other devices, and (b) the details of  the  written  work-
    42  place violence prevention program developed by the employer.
    43    § 2. This act shall take effect on the one hundred eightieth day after
    44  it shall have become a law.
 
    45                                   PART LL
 
    46    Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
    47  tion law is amended by adding a new subparagraph 1-a to read as follows:
    48    (1-a) The trustees shall implement a program to permit any student who
    49  has been admitted to a state-operated institution of the state universi-
    50  ty to attend one class per semester without the payment of  tuition  and
    51  fees  if  such  student  serves  as  an active volunteer firefighter, as
    52  defined in subdivision one of section two hundred fifteen of the general
    53  municipal law, volunteer emergency medical services provider, or  volun-
    54  teer  auxiliary  police  officer,  provided  that the provisions of this

        S. 9006--B                         107
 
     1  subparagraph shall only apply to  costs  of  courses  taken  toward  the
     2  completion of one undergraduate degree program.
     3    (i)  The  trustees shall provide an application process and administer
     4  the program according to the following criteria:
     5    (A) Any student eligible for resident tuition rates  is  eligible  for
     6  this  program,  provided  that  at the time of application, such student
     7  submits proof of membership in good standing of a volunteer fire company
     8  or department, volunteer emergency medical services provider or a volun-
     9  teer auxiliary police officer of a police department within the state of
    10  New York.
    11    (B) The student shall be required to maintain status as  a  member  in
    12  good  standing  of  the  volunteer fire company or department, volunteer
    13  emergency medical service provider or police department  in  which  such
    14  student  serves as an auxiliary police officer through the completion of
    15  such student's academic program.
    16    (C) The student shall be required to maintain a cumulative grade point
    17  average (G.P.A.) of at least 2.5 in order to  remain  eligible  for  the
    18  program.
    19    (ii)  Any  student who elects to participate in the program under this
    20  subparagraph shall be required to apply for tuition  assistance  program
    21  funding.  Funds  awarded  on  the  tuition  assistance  program shall be
    22  applied towards the cost of tuition prior to an award under this clause.
    23    (iii)  Any student who elects to participate in the program under this
    24  subparagraph and is otherwise eligible  for  the  excelsior  scholarship
    25  program  shall be required to apply for same.  Funds awarded through the
    26  excelsior scholarship program shall  be  applied  towards  the  cost  of
    27  tuition prior to an award under this clause.
    28    (iv) Students shall be responsible for all other costs including hous-
    29  ing, fees and other non-tuition related charges.
    30    §  2. Subdivision 7 of section 6206 of the education law is amended by
    31  adding a new paragraph (h) to read as follows:
    32    (h) The trustees shall implement a program to permit any  student  who
    33  has  been  admitted to an institution operated by the city university to
    34  attend one class per semester without the payment of tuition and fees if
    35  such  student serves as an active volunteer firefighter, as  defined  in
    36  subdivision  one of  section  two hundred fifteen of the general munici-
    37  pal law, volunteer emergency medical  services  provider,  or  volunteer
    38  auxiliary police officer, provided that the provisions of this paragraph
    39  shall only apply  to costs of courses taken toward the completion of one
    40  undergraduate degree program.
    41    (i)  The  trustees shall provide an application process and administer
    42  the program according to the following criteria:
    43    (A) Any student eligible for resident tuition rates  is  eligible  for
    44  this  program,  provided  that  at the time of application, such student
    45  submits proof of membership in good standing of a volunteer fire company
    46  or department, volunteer medical services provider or a volunteer auxil-
    47  iary police officer of a police department within the state of New York.
    48    (B) The student shall be required to maintain status as  a  member  in
    49  good  standing  of  the  volunteer fire company or department, volunteer
    50  emergency medical service provider or police department  in  which  such
    51  student  serves as an auxiliary police officer through the completion of
    52  such student's academic program.
    53    (C) The student shall be required to maintain a cumulative grade point
    54  average (G.P.A.) of at least 2.5 in order to  remain  eligible  for  the
    55  program.

        S. 9006--B                         108
 
     1    (ii)  Any  student who elects to participate in the program under this
     2  paragraph shall be required to  apply  for  tuition  assistance  program
     3  funding.  Funds  awarded  on  the  tuition  assistance  program shall be
     4  applied towards the cost of tuition prior to an award under this subpar-
     5  agraph.
     6    (iii)  Any student who elects to participate in the program under this
     7  subparagraph  and  is  otherwise  eligible for the excelsior scholarship
     8  program shall be required to apply for same.  Funds awarded through  the
     9  excelsior  scholarship  program  shall  be  applied  towards the cost of
    10  tuition prior to an award under this clause.
    11    (iv) Students shall be responsible for all other costs including hous-
    12  ing, fees and other non-tuition related charges.
    13    § 3. Subdivision 1 of section 6304 of the education law is amended  by
    14  adding a new paragraph e to read as follows:
    15    e.  The  trustees,  sponsors  or  other  governing body of a community
    16  college shall implement a program to permit any  student  who  has  been
    17  admitted  to  such  community  college  to attend one class per semester
    18  without the payment of tuition and fees if such  student  serves  as  an
    19  active  volunteer  firefighter, as defined in subdivision one of section
    20  two hundred fifteen of the general municipal  law,  volunteer  emergency
    21  medical  services  provider,  or  volunteer  auxiliary  police  officer,
    22  provided that the provisions of this subparagraph shall  only  apply  to
    23  costs  of  courses  taken  toward  the  completion  of one undergraduate
    24  degree program.
    25    (i) The trustees shall provide an application process  and  administer
    26  the program according to the following criteria:
    27    (A)  Any  student  eligible for resident tuition rates is eligible for
    28  this program, provided that at the time  of  application,  such  student
    29  submits proof of membership in good standing of a volunteer fire company
    30  or department, volunteer medical services provider or a volunteer auxil-
    31  iary police officer of a police department within the state of New York.
    32    (B)  The  student  shall be required to maintain status as a member in
    33  good standing of the volunteer fire  company  or  department,  volunteer
    34  emergency  medical  service  provider or police department in which such
    35  student serves as an auxiliary police officer through the completion  of
    36  such student's academic program.
    37    (C) The student shall be required to maintain a cumulative grade point
    38  average  (G.P.A.)  of  at  least 2.5 in order to remain eligible for the
    39  program.
    40    (ii) Any student who elects to participate in the program  under  this
    41  paragraph  shall  be  required  to  apply for tuition assistance program
    42  funding. Funds awarded  on  the  tuition  assistance  program  shall  be
    43  applied towards the cost of tuition prior to an award under this subpar-
    44  agraph.
    45    (iii)  Any student who elects to participate in the program under this
    46  subparagraph  and  is  otherwise  eligible for the excelsior scholarship
    47  program shall be required to apply for same.  Funds awarded through  the
    48  excelsior  scholarship  program  shall  be  applied  towards the cost of
    49  tuition prior to an award under this clause.
    50    (iv) Students shall be responsible for all other costs including hous-
    51  ing, fees and other non-tuition related charges.
    52    § 4. This act shall take effect July 1, 2027.
 
    53                                   PART MM

        S. 9006--B                         109
 
     1    Section 1. Section 200 of the workers' compensation law, as amended by
     2  section 1 of part SS of chapter 54 of the laws of 2016,  is  amended  to
     3  read as follows:
     4    §  200.  Short  title. This article shall be known and may be cited as
     5  the "disability [benefits law] and  [the]  paid  family  leave  benefits
     6  law."
     7    § 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
     8  sation  law,    subdivision  14 as amended and subdivisions 15 and 22 as
     9  added by section 2 of part SS of chapter 54 of the  laws  of  2016,  are
    10  amended to read as follows:
    11    14.  "A  day  of  disability"  means any day on which the employee was
    12  prevented from performing work because of disability[, including any day
    13  which the employee uses for family leave,] and for  which  the  employee
    14  has not received [his or her] the employee's regular remuneration.
    15    15.  "Family  leave"  shall  mean  any leave taken by an employee from
    16  work:   (a) to participate in  providing  care,  including  physical  or
    17  psychological  care,  for a family member of the employee made necessary
    18  by a serious health condition of the family member; or (b) to bond  with
    19  the  employee's  child  during the first twelve months after the child's
    20  birth, or the first twelve months after the placement of the  child  for
    21  adoption  or foster care with the employee or on or after January first,
    22  two thousand twenty-seven until January first, two thousand  thirty-one,
    23  for the six weeks immediately following a pregnancy loss if the employee
    24  who  experienced  the  pregnancy  loss  had been deemed eligible to take
    25  family leave benefits under this article based on an expected  birth  or
    26  placement  and  would  otherwise  subsequently  be deemed ineligible for
    27  family leave benefits due to pregnancy loss; or (c) because of any qual-
    28  ifying exigency as interpreted under the family and medical  leave  act,
    29  29  U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126[(a)(1)-(8)], arising
    30  out of the fact that the spouse, domestic partner, child, or  parent  of
    31  the  employee  is  on  active duty (or has been notified of an impending
    32  call or order to active duty) in the armed forces of the United States.
    33    22. "Health care provider" shall  mean  for  the  purpose  of  [family
    34  leave]  this  article, a person licensed under article one hundred thir-
    35  ty-one, one hundred thirty-one-B, one hundred  thirty-two,  one  hundred
    36  thirty-three,  one  hundred  thirty-six,  one  hundred  thirty-nine, one
    37  hundred forty-one, one hundred forty-three, one hundred forty-four,  one
    38  hundred  fifty-three,  one  hundred fifty-four, one hundred fifty-six or
    39  one hundred fifty-nine of the education law or a person  licensed  under
    40  the public health law, article one hundred forty of the education law or
    41  article one hundred sixty-three of the education law.
    42    §  3.  Section  203-a  of  the  workers' compensation law, as added by
    43  section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
    44  read as follows:
    45    §  203-a.  Retaliatory  action  prohibited  for [family] leave. 1. The
    46  provisions of section one hundred twenty of this chapter and section two
    47  hundred forty-one of this article shall  be  applicable  to  family  and
    48  disability leave.
    49    2.  Nothing  in  this  section shall be deemed to diminish the rights,
    50  privileges, or remedies of any employee under any collective  bargaining
    51  agreement or employment contract.
    52    §  4.  Section  203-b  of  the  workers' compensation law, as added by
    53  section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
    54  read as follows:
    55    § 203-b. Reinstatement following [family] leave. Any eligible employee
    56  of  a covered employer who takes leave under this article shall be enti-

        S. 9006--B                         110
 
     1  tled, on return from such leave, to be restored by the employer  to  the
     2  position of employment held by the employee when the leave commenced, or
     3  to be restored to a comparable position with comparable employment bene-
     4  fits,  pay  and  other terms and conditions of employment. The taking of
     5  family or disability leave shall not result in the loss of  any  employ-
     6  ment  benefit  accrued  prior  to the date on which the leave commenced.
     7  Nothing in this section shall  be  construed  to  entitle  any  restored
     8  employee  to  the accrual of any seniority or employment benefits during
     9  any period of leave, or any right, benefit  or  position  to  which  the
    10  employee would have been entitled had the employee not taken the leave.
    11    §  5.  Section  203-c  of  the  workers' compensation law, as added by
    12  section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
    13  read as follows:
    14    §  203-c. Health  insurance  during [family] leave. In accordance with
    15  the Family and Medical Leave Act (29 U.S.C. §§  2601-2654),  during  any
    16  period  of  family  or  disability leave the employer shall maintain any
    17  existing health benefits of the employee in force for  the  duration  of
    18  such leave as if the employee had continued to work from the date [he or
    19  she]  the  employee  commenced family or disability leave until the date
    20  [he or she] the employee returns to employment.
    21    § 5-a. Section 203-c of the workers' compensation law, as  amended  by
    22  chapter 72 of the laws of 2026, is amended to read as follows:
    23    § 203-c. Health  insurance  during  [family] leave. In accordance with
    24  the Family and Medical Leave Act (29 U.S.C. §§  2601-2654),  during  any
    25  period  of  family  or  disability leave the employer shall maintain any
    26  existing health benefits of the employee in force for  the  duration  of
    27  such  leave  as if the employee had continued to work from the date such
    28  employee commenced family  or  disability  leave  until  the  date  such
    29  employee   returns   to  employment.    Notwithstanding  the  foregoing,
    30  construction employees shall maintain any existing union health plan  or
    31  fund benefits in force for the duration of family or disability leave as
    32  if  the  construction  employee had continued to work from the date they
    33  commenced family or disability leave until  the  date  the  construction
    34  employee  returns  to  employment.  Nothing herein prevents parties to a
    35  collective bargaining agreement for construction employees from  provid-
    36  ing  additional  terms  including, but not limited to, payment of health
    37  contributions for such employees on leave time, whether  leave  time  is
    38  considered  hours  worked for purposes of eligibility in the health plan
    39  or fund, or other terms that do not conflict with this section.
    40    § 6. Section 204 of the  workers'  compensation  law,  as  amended  by
    41  section  5  of  part SS of chapter 54 of the laws of 2016, is amended to
    42  read as follows:
    43    § 204. Disability and family leave during  employment.  1.  Disability
    44  benefits  shall  be  payable  to  an eligible employee for disabilities,
    45  beginning with the eighth day of disability and  thereafter  during  the
    46  continuance  of disability, subject to the limitations as to maximum and
    47  minimum amounts and duration and other  conditions  and  limitations  in
    48  this  section  and  in  sections two hundred five and two hundred six of
    49  this article. Family leave benefits shall  be  payable  to  an  eligible
    50  employee for the first full day when family leave is required and there-
    51  after  during  the  continuance of the need for family leave, subject to
    52  the limitations as to maximum and minimum amounts and duration and other
    53  conditions and limitations in this section and in sections  two  hundred
    54  five and two hundred six of this article. Successive periods of disabil-
    55  ity  or family leave caused by the same or related injury or sickness or

        S. 9006--B                         111
 
     1  qualifying event shall be deemed a single period of disability or family
     2  leave only if separated by less than three months.
     3    2. (a) The weekly benefit for family leave that occurs (i) on or after
     4  January first, two thousand eighteen shall not exceed eight weeks during
     5  any  fifty-two  week  calendar  period and shall be fifty percent of the
     6  employee's average weekly wage but shall not exceed fifty percent of the
     7  state average weekly wage, (ii) on or after January first, two  thousand
     8  nineteen  shall  not exceed ten weeks during any fifty-two week calendar
     9  period and shall be fifty-five percent of the employee's average  weekly
    10  wage but shall not exceed fifty-five percent of the state average weekly
    11  wage,  (iii)  on  or  after January first, two thousand twenty shall not
    12  exceed ten weeks during any fifty-two week calendar period and shall  be
    13  sixty percent of the employee's average weekly wage but shall not exceed
    14  sixty  percent  of  the  state average weekly wage, and (iv) on or after
    15  January first of each succeeding year, shall  not  exceed  twelve  weeks
    16  during  any  fifty-two  week  calendar  period  and shall be sixty-seven
    17  percent of the employee's average  weekly  wage  but  shall  not  exceed
    18  sixty-seven percent of the New York state average weekly wage in effect.
    19  The  superintendent of financial services shall have discretion to delay
    20  the increases in the family leave benefit  level  provided  in  subpara-
    21  graphs  (ii),  (iii), and (iv) of this paragraph by one or more calendar
    22  years. In determining whether to delay the increase in the family  leave
    23  benefit  for  any  year,  the superintendent of financial services shall
    24  consider: (1) the current cost to employees of the family leave  benefit
    25  and  any expected change in the cost after the benefit increase; (2) the
    26  current number of insurers issuing  insurance  policies  with  a  family
    27  leave  benefit and any expected change in the number of insurers issuing
    28  such policies after the benefit increase; (3) the impact of the  benefit
    29  increase on employers' business and the overall stability of the program
    30  to  the  extent that information is readily available; (4) the impact of
    31  the benefit increase on the financial stability of  the  disability  and
    32  family  leave  insurance  market  and  carriers;  and (5) any additional
    33  factors that the superintendent of financial services deems relevant. If
    34  the superintendent of financial services  delays  the  increase  in  the
    35  family  leave  benefit  level for one or more calendar years, the family
    36  leave benefit level that shall take  effect  immediately  following  the
    37  delay  shall  be the same benefit level that would have taken effect but
    38  for the delay. The weekly benefits for family leave that  occurs  on  or
    39  after  January  first,  two thousand eighteen shall not be less than one
    40  hundred dollars per week except that if the employee's wages at the time
    41  of family leave are less than one hundred dollars per week, the employee
    42  shall receive [his or her] the employee's full wages.  Benefits  may  be
    43  payable  to  employees for paid family leave taken intermittently or for
    44  less than a full work week in increments of one full day or one fifth of
    45  the weekly benefit.
    46    (b) The weekly benefit which the  disabled  employee  is  entitled  to
    47  receive  for  the first twelve weeks of disability commencing: (i) on or
    48  after January first,  two  thousand  twenty-eight  shall  be  fifty-five
    49  percent of the employee's average weekly wage but shall not exceed fifty
    50  percent  of  the  state  average  weekly  wage; (ii) on or after January
    51  first, two thousand twenty-nine shall be sixty percent of the employee's
    52  average weekly wage but shall not exceed fifty-five percent of the state
    53  average weekly wage; (iii) on or after January first, two thousand thir-
    54  ty shall be sixty-seven percent of the employee's  weekly  average  wage
    55  but shall not exceed sixty percent of the state average weekly wage; and
    56  (iv)  on or after January first of each succeeding year, shall be sixty-

        S. 9006--B                         112
 
     1  seven percent of the employee's average weekly wage but shall not exceed
     2  sixty-seven percent of the state average weekly wage.  The weekly  bene-
     3  fit  which  the disabled employee is entitled to receive for the periods
     4  of disability after the twelfth week of disability and through the twen-
     5  ty-sixth  week  of  disability  on  or after January first, two thousand
     6  twenty-eight and each succeeding year shall be  thirty  percent  of  the
     7  employee's  average  weekly  wage but shall not exceed thirty percent of
     8  the state average weekly wage.  The chair of the  workers'  compensation
     9  board,  in  consultation  with the superintendent of financial services,
    10  shall have discretion to increase the benefit level for  the  period  of
    11  disability after the twelfth week of disability through the twenty-sixth
    12  week  of  disability, provided that such benefit shall not exceed sixty-
    13  seven percent of the state average weekly wage. In  determining  whether
    14  to  increase the disability benefit for any year, the chair of the work-
    15  ers' compensation board  in  consultation  with  the  superintendent  of
    16  financial  services  shall consider factors including but not limited to
    17  utilization of the current benefit,  the  expected  utilization  of  any
    18  increase, the need for a benefit increase, the current contribution cost
    19  to  employees and employers and the expected cost after any such benefit
    20  increase; the current number of insurers   issuing insurance    policies
    21  with   a   disability  benefit  and any expected change in the number of
    22  insurers issuing  such  policies  after the benefit  increase;  and  any
    23  additional factors that the chair of the workers' compensation board and
    24  the  superintendent  of  financial services deems relevant.   The weekly
    25  benefit which the disabled employee is entitled to receive for disabili-
    26  ty leave that occurs on or after January  first,  two  thousand  twenty-
    27  eight shall not be less than one hundred dollars per week except that if
    28  the  employee's  wages at the time of disability leave are less than one
    29  hundred dollars per week, the employee shall receive the employee's full
    30  wages. The weekly benefit which the disabled  employee  is  entitled  to
    31  receive  for  disability  commencing  on  or  after  May first, nineteen
    32  hundred eighty-nine and prior to January  first,  two  thousand  twenty-
    33  eight  shall  be  one-half of the employee's weekly wage, but in no case
    34  shall such benefit exceed one hundred seventy dollars;  except  that  if
    35  the  employee's  average  weekly  wage  is less than twenty dollars, the
    36  benefit shall be such average weekly wage. The weekly benefit which  the
    37  disabled employee is entitled to receive for disability commencing on or
    38  after  July first, nineteen hundred eighty-four shall be one-half of the
    39  employee's weekly wage, but in no case shall  such  benefit  exceed  one
    40  hundred forty-five dollars; except that if the employee's average weekly
    41  wage  is  less  than  twenty  dollars, the benefit shall be such average
    42  weekly wage. The weekly benefit which the disabled employee is  entitled
    43  to  receive  for  disability commencing on or after July first, nineteen
    44  hundred eighty-three and prior to July first, nineteen  hundred  eighty-
    45  four  shall be one-half of the employee's average weekly wage, but in no
    46  case shall such benefit exceed one hundred thirty-five  dollars  nor  be
    47  less  than  twenty dollars; except that if the employee's average weekly
    48  wage is less than twenty dollars the benefit shall be such average week-
    49  ly wage. The weekly benefit which the disabled employee is  entitled  to
    50  receive  for  disability  commencing  on  or  after July first, nineteen
    51  hundred seventy-four, and prior to July first, nineteen hundred  eighty-
    52  three,  shall  be one-half of the employee's average weekly wage, but in
    53  no case shall such benefit exceed ninety-five dollars nor be  less  than
    54  twenty  dollars;  except  that  if the employee's average weekly wage is
    55  less than twenty dollars, the benefit shall be such average weekly wage.
    56  The weekly benefit which the disabled employee is  entitled  to  receive

        S. 9006--B                         113
 
     1  for  disability  commencing  on  or  after  July first, nineteen hundred
     2  seventy and prior to July first, nineteen hundred seventy-four shall  be
     3  one-half  of  the  employee's  average weekly wage, but in no case shall
     4  such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
     5  dollars; except that if the employee's average weekly wage is less  than
     6  twenty  dollars the benefit shall be such average weekly wage.  [For any
     7  period of disability less than a full week, the benefits  payable  shall
     8  be  calculated  by  dividing  the  weekly  benefit  by the number of the
     9  employee's normal work days per week and multiplying the quotient by the
    10  number of normal work days in such period of disability.]  Benefits  may
    11  be payable to employees for disability leave taken intermittently or for
    12  less than a full work week in increments of one full day or one-fifth of
    13  the  weekly  benefit.  The weekly benefit for a disabled employee who is
    14  concurrently eligible for benefits in the employment of  more  than  one
    15  covered  employer shall, within the maximum and minimum herein provided,
    16  be one-half of the total of the employee's average weekly wages received
    17  from all such covered employers, and shall be allocated in  the  propor-
    18  tion of [their] the employee's respective average weekly wage payments.
    19    (c)  Provided that the provisions of paragraph (b) of this subdivision
    20  concerning benefits on or after January first, two thousand twenty-eight
    21  and subparagraphs (i) and (ii) of paragraph (a) of subdivision three  of
    22  section  two  hundred  nine  of  this article may be waived by a covered
    23  employer subject to a collective bargaining agreement with a  bona  fide
    24  labor organization in effect on January first, two thousand twenty-eight
    25  for  employees  subject  to  such  collective bargaining agreement for a
    26  disability commencing between January first, two  thousand  twenty-eight
    27  and  until January first, two thousand thirty-one; and provided that for
    28  such waiver to be valid, it shall explicitly reference this section  and
    29  be  agreed  to by the bona fide labor organization. Nothing herein shall
    30  prevent a collective bargaining agreement from providing temporary disa-
    31  bility benefits greater than the benefits required herein.
    32    § 7. Subdivision 2 of section 206 of the workers' compensation law, as
    33  amended by section 7 of part SS of chapter 54 of the laws  of  2016,  is
    34  amended to read as follows:
    35    2.  If  an  employee  who  is  eligible  for disability benefits under
    36  section two hundred three or two hundred seven of this article is  disa-
    37  bled  and has claimed or subsequently claims workers' compensation bene-
    38  fits under this chapter or benefits under  the  volunteer  firefighters'
    39  benefit  law  or  the volunteer ambulance workers' benefit law, and such
    40  claim is controverted on the ground that the employee's  disability  was
    41  not  caused  by an accident that arose out of and in the course of [his]
    42  the employee's employment or by an occupational disease, or by an injury
    43  in line of duty as a volunteer firefighter or volunteer ambulance  work-
    44  er,  the  employee  shall  be  entitled in the first instance to receive
    45  benefits under this article for [his or her] the employee's  disability.
    46  If benefits have been paid under this article in respect to a disability
    47  alleged  to have arisen out of and in the course of the employment or by
    48  reason of an occupational disease, or in line of  duty  as  a  volunteer
    49  firefighter  or a volunteer ambulance worker, the employer or carrier or
    50  the chair making such payment may, at any time before award of  workers'
    51  compensation  benefits, or volunteer firefighters' benefits or volunteer
    52  ambulance workers' benefits, is made, file with the board  a  claim  for
    53  reimbursement  out of the proceeds of such award to the employee for the
    54  period for which disability benefits were paid  to  the  employee  under
    55  this  article,  and  shall  have  a  lien  against  the  full  award for
    56  reimbursement, notwithstanding the provisions of section thirty-three of

        S. 9006--B                         114
 
     1  this chapter or section  twenty-three  of  the  volunteer  firefighters'
     2  benefit  law or section twenty-three of the volunteer ambulance workers'
     3  benefit law provided the insurance carrier liable  for  payment  of  the
     4  award  receives,  before  such  award  is  made, a copy of the claim for
     5  reimbursement from the employer, carrier or chair  who  paid  disability
     6  benefits,  or  provided  the  board's  decision  and  award directs such
     7  reimbursement therefrom.
     8    § 8. Paragraph (a) of subdivision 3 of section  209  of  the  workers'
     9  compensation  law,  as amended by section 10 of part SS of chapter 54 of
    10  the laws of 2016, is amended to read as follows:
    11    (a) Disability benefits. (i) The contribution of each such employee to
    12  the cost of disability benefits provided by this article shall  be  one-
    13  half  of one per centum of the employee's wages paid to [him or her] the
    14  employee on and after July first, nineteen hundred  fifty,  but  not  in
    15  excess of sixty cents per week.
    16    (ii)  Beginning  January first, two thousand twenty-eight, the maximum
    17  employee contribution that a covered employer is authorized  to  collect
    18  from  each employee for the cost of disability benefits provided by this
    19  article shall be one-half of one per centum of the employee's wages  but
    20  shall  not exceed two dollars and twenty cents per week provided, howev-
    21  er, that the employee contribution shall be pursuant to subparagraph (i)
    22  of this paragraph where such employee is covered under paragraph (c)  of
    23  subdivision two of section two hundred four of this article.
    24    (iii)  Beginning  January  first, two thousand thirty-one, the maximum
    25  employee contribution that a covered employer is authorized  to  collect
    26  from  each employee for the cost of disability benefits provided by this
    27  article shall be one-half of one per centum of the employee's wages, but
    28  shall not exceed forty percent of the average of the combination of  all
    29  employee  and  employer  contributions  to  disability benefits provided
    30  pursuant to paragraph (b) of subdivision two of section two hundred four
    31  of this article during the prior calendar year, as  determined  annually
    32  by  the  superintendent of financial services pursuant to subsection (n)
    33  of section four thousand two hundred thirty-five of the  insurance  law.
    34  A  self-insurer  shall submit reports to the superintendent of financial
    35  services for the purpose of determining forty percent of the average  of
    36  the combination of all employee and employer contributions to disability
    37  benefits  provided  pursuant  to  paragraph  (b)  of  subdivision two of
    38  section two hundred four of this article during the prior calendar year,
    39  pursuant to subsection (n) of section four thousand two hundred  thirty-
    40  five of the insurance law.
    41    § 9. The opening paragraph of section 211 of the workers' compensation
    42  law,  as  amended  by section 12 of part SS of chapter 54 of the laws of
    43  2016, is amended to read as follows:
    44    A covered employer, unless provided with a waiver pursuant to  section
    45  204(2)(c),  shall,  with  [his or her] such employer's own contributions
    46  and the contributions of [his] such employer's employees, provide  disa-
    47  bility  and  after  January  first,  two thousand eighteen, family leave
    48  benefits to [his or her] such employer's employees in one or more of the
    49  following ways:
    50    § 10. The opening paragraph and subdivision 1 of section  214  of  the
    51  workers'  compensation law, as amended by section 26 of part GG of chap-
    52  ter 57 of the laws of 2013, are amended to read as follows:
    53    There is hereby created a fund which shall be  known  as  the  special
    54  fund  for disability benefits to provide for the payment of [disability]
    55  benefits under sections two hundred  seven,  two  hundred  thirteen  and
    56  attendance fees under section two hundred thirty-two of this article.

        S. 9006--B                         115
 
     1    1.  As  promptly  as  practicable after April first, in each year, the
     2  [chairman] chair shall ascertain the condition of the fund, and if as of
     3  any such date the net assets of the fund shall be one million dollars or
     4  more below the sum of twelve million dollars, the [chairman] chair shall
     5  assess and collect an amount sufficient to restore the fund to an amount
     6  equal to twelve million dollars.[.] Such assessment shall be included in
     7  the  assessment  rate established pursuant to subdivision two of section
     8  one hundred fifty-one of this chapter. Such assessments shall be  depos-
     9  ited  with  the  commissioner of taxation and finance and transferred to
    10  the benefit of such fund upon payment of debt service, if any,  pursuant
    11  to section one hundred fifty-one of this chapter.
    12    §  11.  Subdivision 1 of section 217 of the workers' compensation law,
    13  as amended by section 16 of part SS  of chapter 54 of the laws of  2016,
    14  is amended to read as follows:
    15    1.  Written notice and proof of disability or proof of need for family
    16  leave shall be furnished to the employer by or on behalf of the employee
    17  claiming benefits or, in the  case  of  a  claimant  under  section  two
    18  hundred  seven  of  this article, to the chair, within thirty days after
    19  commencement of the period of  disability.  Additional  proof  shall  be
    20  furnished  thereafter  from  time  to time as the employer or carrier or
    21  chair may require but not more often than once  each  week.  Such  proof
    22  shall  include  a  statement  of disability by the employee's [attending
    23  physician or attending podiatrist or attending chiropractor or attending
    24  dentist or attending psychologist or attending certified  nurse  midwife
    25  or family leave care recipient's health care provider, or in the case of
    26  an  employee  who  adheres  to  the  faith or teachings of any church or
    27  denomination, and who in accordance with its creed, tenets or principles
    28  depends for healing upon prayer through spiritual  means  alone  in  the
    29  practice  of  religion,  by  an  accredited  practitioner,]  health care
    30  provider containing facts and opinions as to such disability in  compli-
    31  ance  with  regulations of the chair. Failure to furnish notice or proof
    32  within the time and in the manner above provided  shall  not  invalidate
    33  the  claim  but  no benefits shall be required to be paid for any period
    34  more than two weeks prior to the date on which  the  required  proof  is
    35  furnished  unless it shall be shown to the satisfaction of the chair not
    36  to have been reasonably possible to furnish such  notice  or  proof  and
    37  that  such  notice or proof was furnished as soon as possible; provided,
    38  however, that no benefits shall be paid unless the  required  proof  [of
    39  disability] is furnished within the period of actual disability or fami-
    40  ly  leave  that  does  not exceed the statutory maximum period permitted
    41  under section two hundred four of this article. No  limitation  of  time
    42  provided  in this section shall run as against any disabled employee who
    43  is mentally incompetent,  or  physically  incapable  of  providing  such
    44  notice as a result of a serious medical condition, or a minor so long as
    45  such person has no guardian of the person and/or property.
    46    §  12. Section 218 of the workers' compensation law, as added by chap-
    47  ter 600 of the laws of 1949, subdivision 2 as amended by chapter 809  of
    48  the laws of 1985, is amended to read as follows:
    49    §  218. [Disability benefit] Benefit rights inalienable. 1. Any agree-
    50  ment by an employee to waive [his]  the  employee's  rights  under  this
    51  article shall be void.
    52    2.  Disability  or  family  leave  benefits payable under this article
    53  shall not be assigned or released, except as provided in  this  article,
    54  and  shall  be  exempt  from  all  claims  of  creditors  and from levy,
    55  execution and attachment or other remedy for recovery or collection of a
    56  debt, which exemption may not be waived  provided,  however,  that  such

        S. 9006--B                         116
 
     1  benefits  shall  be  subject to an income execution or order for support
     2  enforcement pursuant to section fifty-two hundred forty-one or fifty-two
     3  hundred forty-two of the civil practice law and rules.
     4    §  13.  Section  221  of  the workers' compensation law, as amended by
     5  section 19 of part SS of chapter 54 of the laws of 2016, is  amended  to
     6  read as follows:
     7    §  221.  Determination  of  contested claims for disability and family
     8  leave benefits. In accordance with regulations  adopted  by  the  chair,
     9  within  twenty-six  weeks  of  written notice of rejection of claim, the
    10  employee may file with the chair a notice that [his or her] the  employ-
    11  ee's  claim  for  disability or family leave benefits has not been paid,
    12  and the employee shall submit proof  of  disability  or  entitlement  to
    13  family  leave  and  of [his or her] the employee's employment, wages and
    14  other facts reasonably necessary for  determination  of  the  employee's
    15  right  to  such  benefits.  Failure  to file such notice within the time
    16  provided, may be excused if it can be shown not to have been  reasonably
    17  possible  to  furnish  such notice and that such notice was furnished as
    18  soon as possible. On demand the  employer  or  carrier  shall  forthwith
    19  deliver  to  the  board  the  original or a true copy of the health care
    20  provider's report, wage and employment data and all other  documentation
    21  in the possession of the employer or carrier with respect to such claim.
    22    The  chair  or designee, shall have full power and authority to deter-
    23  mine all issues in relation to every such claim for disability  benefits
    24  required  or provided under this article, and shall file its decision in
    25  the office of the [chairman] chair.   Upon such filing,  the  [chairman]
    26  chair shall send to the parties a copy of the decision. Either party may
    27  present  evidence  and  be represented by counsel at any hearing on such
    28  claim. The decision of the board shall be final as to all  questions  of
    29  fact and, except as provided in section twenty-three of this chapter, as
    30  to  all  questions  of  law.  Every  decision  shall be complied with in
    31  accordance with its terms within ten days thereafter except as permitted
    32  by law upon the filing of a request for review,  and  any  payments  due
    33  under  such  decision  shall draw simple interest from thirty days after
    34  the making thereof at the rate provided in section five thousand four of
    35  the civil practice law and rules. The chair shall adopt rules and  regu-
    36  lations  to  carry  out the provisions of this article including but not
    37  limited to resolution of contested claims and requests for review there-
    38  of, and payment of costs for resolution of disputed claims by  carriers.
    39  Any designated process shall afford the parties the opportunity to pres-
    40  ent  evidence  and  to be represented by counsel in any such proceeding.
    41  The chair shall have the authority to provide  for  alternative  dispute
    42  resolution  procedures  for  claims  arising under disability and family
    43  leave, including but not limited to referral and submission of  disputed
    44  claims  to  a  neutral  arbitrator  under the auspices of an alternative
    45  dispute resolution association pursuant to article seventy-five  of  the
    46  civil  practice law and rules. Neutral arbitrator shall mean an arbitra-
    47  tor who does not have a material interest in the outcome  of  the  arbi-
    48  tration  proceeding or an existing and substantial relationship, includ-
    49  ing but not limited to pecuniary interests, with  a  party,  counsel  or
    50  representative of a party. Any determination made by alternative dispute
    51  resolution  shall  not  be reviewable by the board and the venue for any
    52  appeal shall be to a court of competent jurisdiction.
    53    § 14. Section 228 of  the  workers'  compensation  law,  as  added  by
    54  section  27  of part GG of chapter 57 of the laws of 2013, is amended to
    55  read as follows:

        S. 9006--B                         117
 
     1    § 228. Administrative  expenses.  1.  The  estimated  annual  expenses
     2  necessary   for  the  workers'  compensation  board  to  administer  the
     3  provisions of the disability and paid family leave benefits law shall be
     4  borne by all affected employers and included as part of  the  assessment
     5  rate  generated  pursuant  to  subdivision  two  of  section one hundred
     6  fifty-one of this chapter.
     7    2. Annually, as soon as practicable after the first day of April,  the
     8  chair  and  department  of  audit  and control shall ascertain the total
     9  amount of actual expenses.
    10    § 15. Subsection (n) of section 4235 of the insurance law  is  amended
    11  by adding a new paragraph 4 to read as follows:
    12    (4)(A)  The  superintendent shall establish by September first of each
    13  year the maximum employee  contribution  that  a  covered  employer,  as
    14  defined  in section two hundred two of the workers' compensation law, is
    15  authorized to collect from each employee  for  the  cost  of  disability
    16  benefits  provided pursuant to article nine of the workers' compensation
    17  law through a group accident and health insurance policy  or  through  a
    18  self-funded  employer  for its employees.   Beginning January first, two
    19  thousand twenty-eight, the maximum employee contribution amount shall be
    20  two dollars and twenty cents per week, and beginning January first,  two
    21  thousand thirty-one, the maximum employee contribution shall be one-half
    22  of  one  percent  of  the  employee's  wages  but shall not exceed forty
    23  percent of the average of the combination of all employee  and  employer
    24  contributions  to disability benefits provided pursuant to paragraph (b)
    25  of subdivision two of section two hundred four of the  workers'  compen-
    26  sation  law  during  the  prior  calendar year, which the superintendent
    27  shall determine and publish on the department's website.
    28    (B) A self-funded employer shall submit reports to the  superintendent
    29  for  the  purpose  of  determining  forty  percent of the average of the
    30  combination of all employee and  employer  contributions  to  disability
    31  benefits  provided  pursuant  to  paragraph  (b)  of  subdivision two of
    32  section two hundred four of the workers' compensation law.  A self-fund-
    33  ed employer shall submit a report to the superintendent by  July  first,
    34  two thousand twenty-seven that sets forth employee and employer contrib-
    35  utions  to  disability  benefits  provided  pursuant to paragraph (b) of
    36  subdivision two of section two hundred four of the workers' compensation
    37  law for the year ending two thousand twenty-six, in a format  determined
    38  by  the  superintendent.    Beginning  April first, two thousand twenty-
    39  eight, and annually thereafter, a self-funded employer  shall  submit  a
    40  report  to  the  superintendent  that  sets  forth employee and employer
    41  contributions to disability benefits provided pursuant to paragraph  (b)
    42  of  subdivision  two of section two hundred four of the workers' compen-
    43  sation law for the prior calendar year, in a format  determined  by  the
    44  superintendent.
    45    § 16. Section 2605 of the insurance law is amended to read as follows:
    46    §  2605.  Penalty  for violating workers' compensation law. The super-
    47  intendent may impose a penalty not to exceed twenty-five hundred dollars
    48  per violation upon  any  insurer  required  to  be  licensed  under  the
    49  provisions  of  this  chapter, if, after notice to and a hearing of such
    50  insurer, [he] the superintendent finds it  has  unreasonably  failed  to
    51  comply with the workers' compensation law.
    52    §  17.  This  act shall take effect immediately and shall apply to all
    53  policies issued, renewed, modified, altered,  or  amended  on  or  after
    54  January  1,  2028; provided, however, that if chapter 651 of the laws of
    55  2025, as amended by chapter 72 of the laws of 2026, shall not have taken
    56  effect on or before such effective date then section five-a of this  act

        S. 9006--B                         118
 
     1  shall  take effect on the same date and in the same manner as such chap-
     2  ter of the laws of 2025, takes effect.
 
     3                                   PART NN
 
     4    Section  1.  Subdivision  11 of section 458-a of the real property tax
     5  law, as amended by chapter 77 of the laws of 2026, is amended to read as
     6  follows:
     7    11. In addition to any other exemption from taxation on real  property
     8  which  may  be  allowed  to  veterans pursuant to the provisions of this
     9  chapter, including subdivision three of section four hundred fifty-eight
    10  of this title, the primary residence of any seriously  disabled  veteran
    11  [who]  shall be fully exempt from taxation and special district charges,
    12  assessments and special ad valorem levies, provided  that  such  veteran
    13  meets all other requirements of this section and such veteran has met at
    14  least  one  of the criteria set forth in  paragraph (a) of this subdivi-
    15  sion and at least one of the criteria set forth in    paragraph  (b)  of
    16  this subdivision:
    17    (a)(i)  was  discharged  or  released therefrom under honorable condi-
    18  tions; or
    19    (ii) has a qualifying condition, as defined  in  section  one  of  the
    20  veterans'  services  law,  and  has  received a discharge other than bad
    21  conduct or dishonorable from such service; or
    22    (iii) is a discharged LGBT veteran, as defined in section one  of  the
    23  veterans'  services  law,  and  has  received a discharge other than bad
    24  conduct or dishonorable from such service; and
    25    (b) (i) is considered to be permanently  and  totally  disabled  as  a
    26  result of military service; or
    27    (ii)  is  rated  one  hundred  percent  disabled  by the United States
    28  department of veterans affairs[;].
    29    [(iii) has been rated by the  United  States  department  of  veterans
    30  affairs as individually unemployable; and
    31    (iv)  who  is eligible for pecuniary assistance from the United States
    32  government, or has received pecuniary assistance from the United  States
    33  government  and  has  applied  such assistance toward the acquisition or
    34  modification of a suitable housing unit with special features or movable
    35  facilities made necessary by the nature of the veterans' disability, and
    36  the necessary land therefor shall be  fully  exempt  from  taxation  and
    37  special  district  charges,  assessments  and special ad valorem levies,
    38  provided  that  such  veteran  meets  all  other  requirements  of  this
    39  section.]
    40    In no case shall the taxable assessed value of the property of a qual-
    41  ifying  veteran be reduced below zero. Nothing contained herein shall be
    42  construed to require or authorize the discontinuance  of  any  exemption
    43  granted  pursuant  to  subdivision  three of section four hundred fifty-
    44  eight of this title.
    45    § 2. This act shall take effect immediately and shall apply to assess-
    46  ment rolls based on taxable status dates occurring on and after  October
    47  1, 2026.
 
    48                                   PART OO
 
    49    Section  1.  Subdivision  1  of section 669-h of the education law, as
    50  amended by section 1 of part T of chapter 56 of the  laws  of  2018,  is
    51  amended to read as follows:

        S. 9006--B                         119
 
     1    1.  Eligibility.  An  excelsior  scholarship award shall be made to an
     2  applicant who: (a) is matriculated in an approved program leading to  an
     3  undergraduate  degree  at  a New York state public institution of higher
     4  education; (b) if enrolled in (i) a public institution of higher  educa-
     5  tion  prior to application, has completed at least thirty combined cred-
     6  its per year following the student's  start  date,  or  its  equivalent,
     7  applicable to [his or her] their program or programs of study or (ii) an
     8  institution  of  higher education prior to application, has completed at
     9  least thirty combined credits per year  following  the  student's  start
    10  date,  or  its  equivalent,  applicable to [his or her] their program or
    11  programs of study and which were accepted  upon  transfer  to  a  public
    12  institution  of higher education; (c) enrolls in at least twelve credits
    13  per semester and completes at least thirty  combined  credits  per  year
    14  following  the  student's  start  date, or its equivalent, applicable to
    15  [his or her] their program  or  programs  of  study  except  in  limited
    16  circumstances  as prescribed by the corporation in regulation.  Notwith-
    17  standing, in the student's last semester, the student may take at  least
    18  one course needed to meet [his or her] their graduation requirements and
    19  enroll  in  and complete at least twelve credit hours or its equivalent.
    20  For students who are disabled as defined by the Americans With Disabili-
    21  ties Act of 1990, 42 USC 12101, the corporation  shall  prescribe  rules
    22  and  regulations  that  allow applicants who are disabled to be eligible
    23  for an award pursuant to this section based on  modified  criteria;  (d)
    24  for  the  first  semester applying for such scholarship, has an adjusted
    25  gross income for the qualifying year, as such terms are defined in  this
    26  subdivision, equal to or less than: (i) one hundred thousand dollars for
    27  recipients  receiving  an award in the two thousand seventeen--two thou-
    28  sand eighteen academic year; (ii) one hundred ten thousand  dollars  for
    29  recipients receiving an award in the two thousand eighteen--two thousand
    30  nineteen  academic  year;  and  (iii)  one  hundred twenty-five thousand
    31  dollars for recipients receiving an award in the two thousand  nineteen-
    32  -two thousand twenty academic year and thereafter; and (e) complies with
    33  the  applicable  provisions of this article and all requirements promul-
    34  gated by the corporation for the administration of the program. Adjusted
    35  gross income shall be the total of the combined adjusted gross income of
    36  the applicant and the applicant's  parents  or  the  applicant  and  the
    37  applicant's  spouse,  if  married. Qualifying year shall be the adjusted
    38  gross income as reported on the federal income tax return, or as  other-
    39  wise  obtained by the corporation, for the calendar year coinciding with
    40  the tax year established by the U.S. department of education to  qualify
    41  applicants  for  federal  student  financial  aid programs authorized by
    42  Title IV of the Higher Education Act of nineteen hundred sixty-five,  as
    43  amended,  for  the  school  year  in which application for assistance is
    44  made. Provided, however, if an applicant demonstrates to the corporation
    45  that there has been a change in such applicant's adjusted  gross  income
    46  in  the  year(s)  subsequent  to the qualifying year which would qualify
    47  such applicant for an award, the corporation shall  review  and  make  a
    48  determination  as  to  whether  such applicant meets the requirement set
    49  forth in paragraph (d) of this subdivision based on such year. Provided,
    50  further that such change was caused by the death,  permanent  and  total
    51  physical or mental disability, divorce, or separation by judicial decree
    52  or pursuant to an agreement of separation which is filed with a court of
    53  competent  jurisdiction  of  any  person whose income was required to be
    54  used to compute the applicant's total adjusted gross income.    Provided
    55  further,  however,  that  a recipient's maximum allowable adjusted gross
    56  income shall increase by three per centum after the  first  semester  of

        S. 9006--B                         120
 
     1  such  scholarship and may increase further where the corporation, in its
     2  discretion, determines that such a further increase shall not disqualify
     3  an applicant.
     4    § 2. This act shall take effect immediately.
     5    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     6  sion,  section  or  part  of  this act shall be adjudged by any court of
     7  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     8  impair,  or  invalidate  the remainder thereof, but shall be confined in
     9  its operation to the clause, sentence, paragraph,  subdivision,  section
    10  or part thereof directly involved in the controversy in which such judg-
    11  ment shall have been rendered. It is hereby declared to be the intent of
    12  the  legislature  that  this  act  would  have been enacted even if such
    13  invalid provisions had not been included herein.
    14    § 3. This act shall take effect immediately  provided,  however,  that
    15  the applicable effective date of Parts A through OO of this act shall be
    16  as specifically set forth in the last section of such Parts.
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