Enacts the taxpayer protection and mandate relief act; enacts various reforms relating to government spending including a spending growth cap, employee contributions to health insurance, limiting unfunded mandates, labor law reforms relating to public works projects, repeal of the WICKS law and reductions in reporting requirements under the education law.
STATE OF NEW YORK
________________________________________________________________________
6546
2013-2014 Regular Sessions
IN ASSEMBLY
April 5, 2013
___________
Introduced by M. of A. KOLB, FITZPATRICK, CERETTO, FRIEND, KATZ, BLANK-
ENBUSH, PALMESANO, CROUCH, McLAUGHLIN, HAWLEY, P. LOPEZ, MONTESANO,
SALADINO, GRAF, GOODELL, TENNEY, JORDAN, McDONOUGH, OAKS, CORWIN --
read once and referred to the Committee on Local Governments
AN ACT to amend the state finance law, in relation to establishing a
spending cap and increasing the maximum capacity of the rainy day fund
(Part A); to amend the legislative law, in relation to unfunded
mandates on local governments and school districts (Part B); to amend
the executive law and the legislative law, in relation to the unfunded
mandate relief reform plan (Part C); intentionally omitted (Part D);
to amend the civil service law, in relation to collective bargaining
(Part E); to amend the social services law, in relation to requiring
the state to allow counties to opt out of certain Medicaid services
(Part F); to amend chapter 58 of the laws of 2005, relating to author-
izing reimbursements for expenditures made by or on behalf of social
services districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts (Part G); to amend the
tax law, in relation to the tax credit allowed for the premium paid
for long-term care insurance (Part H); to amend the insurance law, in
relation to the establishment of freedom health insurance plans (Part
I); to amend the general municipal law, in relation to employee
contributions to health insurance plans (Part J); to amend the labor
law, in relation to exempting certain public works projects from
requirements relating to hours, wages and supplements (Part K); to
amend the labor law, in relation to hours, wages and supplements for
public work (Part L); to amend the labor law, in relation to enacting
the scaffold reform act (Part M); to amend the county law, the educa-
tion law, the environmental conservation law, the general municipal
law and the public authorities law, in relation to separate specifica-
tions for public work; and to repeal certain provisions of the general
municipal law and the education law relating thereto (Part N); to
amend the labor law, in relation to project labor agreements; and to
repeal certain provisions of such law relating thereto (Part O); to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08507-02-3
A. 6546 2
amend the general municipal law, in relation to municipal bidding
(Part P); authorizing a county to enter into a cooperative agreement
with school districts, towns and villages within such county to
provide for health care benefits for their employees (Part Q); to
amend the education law, in relation to authorizing boards of cooper-
ative educational services to engage in collective bargaining with
employee organizations representing teachers and other employees of
component school districts (Part R); to amend the education law, in
relation to the streamlining of planning and reporting requirements
for school districts and boards of cooperative educational services;
to amend the education law, in relation to the effectiveness of addi-
tional costs to school districts (Part S); and to amend the education
law, in relation to the powers of the commissioner of education
pertaining to individualized education programs, excluding the issue
of the cost of criminal history records searches from collective
bargaining negotiations, the adoption of professional development
plans for teachers, and the frequency of safety inspections of school
buildings and building condition surveys (Part T)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to enact the New York state taxpayer protection and
3 mandate relief act. Each component is wholly contained within a Part
4 identified as Parts A through T. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section four of this act sets forth the
11 general effective date of this act.
12 § 2. This act shall be known and may be cited as the "New York state
13 taxpayer protection and mandate relief act".
14 PART A
15 Section 1. The state finance law is amended by adding a new article 17
16 to read as follows:
17 ARTICLE 17
18 SPENDING GROWTH CAP ACT
19 Section 250. Definitions.
20 251. Establishment of annual spending growth cap.
21 252. Provisions regarding declaration of emergency.
22 § 250. Definitions. As used in this article, the following terms shall
23 have the following meanings, unless otherwise specified:
24 1. "Annual spending growth cap" shall mean a percentage determined by
25 adding the inflation rates from each of the three calendar years imme-
26 diately prior to the commencement of a given fiscal year and then divid-
27 ing that sum by three.
28 2. "State operating funds spending" shall mean annual disbursements of
29 all governmental fund types included in the cash-basis financial plan of
30 the state, excluding disbursements from federal funds and capital
31 project funds.
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1 3. "Inflation rate" shall mean the percentage change in the twelve-
2 month average of the consumer price index for all urban consumers as
3 published by the United States department of labor, bureau of labor
4 statistics or any successor agency for a given calendar year compared to
5 the prior calendar year.
6 4. "Executive budget" shall mean the budget submitted annually by the
7 governor pursuant to section one of article VII of the state constitu-
8 tion.
9 5. "State budget as enacted" shall mean the budget acted upon by the
10 legislature in a given fiscal year, as subject to section four of arti-
11 cle VII of the state constitution and section seven of article IV of the
12 state constitution.
13 6. "Emergency" shall mean an extraordinary, unforeseen, or unexpected
14 occurrence, or combination of circumstances, including but not limited
15 to a natural disaster, invasion, terrorist attack, or economic calamity.
16 § 251. Establishment of annual spending growth cap. 1. There is here-
17 by established an annual spending growth cap.
18 2. The governor shall not submit, and the legislature shall not act
19 upon, a budget that contains a percentage increase over the prior fiscal
20 year in state operating funds spending which exceeds the annual spending
21 growth cap.
22 3. The governor shall certify in writing that state operating funds
23 spending in the executive budget does not exceed the annual spending
24 growth cap. If final inflation rate data for the prior calendar year is
25 not yet available at the time the governor submits his or her executive
26 budget, he or she shall furnish a reasonable estimate of such prior
27 calendar year inflation rate.
28 4. The comptroller shall provide, within five days of action by the
29 legislature upon the budget, a determination as to whether the state
30 operating funds spending as set forth in the state budget as enacted
31 exceeds the annual spending growth cap.
32 5. If the comptroller finds that state operating funds spending as set
33 forth in the state budget as enacted exceeds the annual spending growth
34 cap, the governor shall take corrective action to ensure that funding is
35 limited to the amount of the annual spending cap.
36 § 252. Provisions regarding declaration of emergency. 1. Upon a find-
37 ing of an emergency by the governor, he or she may declare an emergency
38 by an executive order which shall set forth the reasons for such decla-
39 ration.
40 2. Based upon such declaration, the governor may submit, and the
41 legislature may authorize, by a two-thirds super majority, a budget
42 containing a percentage increase over the prior fiscal year in state
43 operating funds spending that exceeds the annual spending growth cap.
44 § 2. Subdivision 2 of section 92-cc of the state finance law, as
45 added by chapter 1 of the laws of 2007, is amended to read as follows:
46 2. Such fund shall have a maximum balance not to exceed [three] ten
47 per centum of the aggregate amount projected to be disbursed from the
48 general fund during the fiscal year immediately following the then-cur-
49 rent fiscal year.
50 § 3. This act shall take effect immediately.
51 PART B
52 Section 1. The legislative law is amended by adding a new section 51-a
53 to read as follows:
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1 § 51-a. Moratorium on unfunded mandates. 1. Definitions. As used in
2 this section, the following terms shall have the following meanings:
3 (a) "Local government" means a county, city, town, village, school
4 district, or special district.
5 (b) "Net additional cost" means the cost or costs incurred or antic-
6 ipated to be incurred within a one year period by a local government in
7 performing or administering any program, project, or activity after
8 subtracting therefrom any revenues received or receivable by such local
9 government in relation to such program, project, or activity, including
10 but not limited to:
11 (i) fees charged to the recipients of such program, project, or activ-
12 ity;
13 (ii) state or federal funds received for such program, project, or
14 activity; and
15 (iii) an offsetting savings resulting from the diminution or elimi-
16 nation of any other program, project, or activity that state law
17 requires such local government to provide or undertake.
18 (c) "Unfunded mandate" means:
19 (i) any state law that requires a local government to provide or
20 undertake any new program, project or activity that results in an annual
21 net additional cost to any local government in excess of ten thousand
22 dollars or an aggregate annual net additional cost to all local govern-
23 ments within the state in excess of one million dollars; or
24 (ii) any state law that requires a local government to provide a high-
25 er level of service or funding for an existing program, project or
26 activity that results in an annual net additional cost to any local
27 government in excess of ten thousand dollars or an aggregate annual net
28 additional cost to all local governments within the state in excess of
29 one million dollars; or
30 (iii) any state law that requires a local government to grant any new
31 property tax exemption or that broadens the eligibility or increases the
32 dollar amount of any existing property tax exemption, on property that
33 otherwise would have generated revenue under the current property tax
34 rate of such local government in excess of ten thousand dollars in any
35 local government or in excess of one million dollars statewide; or
36 (iv) any state law with a legal requirement that would otherwise like-
37 ly have the effect of raising property taxes in excess of ten thousand
38 dollars in any local government or in excess of one million dollars
39 statewide.
40 2. Moratorium on unfunded mandates. Notwithstanding any other
41 provision of law, no unfunded mandates shall be enacted.
42 3. Exemptions. (a) A state law shall not be considered an unfunded
43 mandate where such law:
44 (i) is required by a court order or judgment; or
45 (ii) is provided at the option of the local government under a law
46 that is permissive rather than mandatory; or
47 (iii) results from the passage of a home rule message whereby a local
48 government requests authority to implement the program or service speci-
49 fied in the statute, and the statute imposes costs only upon that local
50 government which requests the authority to impose the program or
51 service; or
52 (iv) is required by statute or executive order that implements a
53 federal law or regulation and results from costs mandated by the federal
54 government to be borne at the local level, unless the statute or execu-
55 tive order results in costs which exceed the costs mandated by the
56 federal government; or
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1 (v) is imposed on both government and non-government entities in the
2 same or substantially similar circumstances; or
3 (vi) repeals or revises a state law to ease an existing requirement
4 that a local government provide or undertake a program, project, or
5 activity, or reapportions the costs of activities between local govern-
6 ments; or
7 (vii) is necessary to protect against an immediate threat to public
8 health or safety.
9 (b) The effective date of any act establishing a mandate shall provide
10 a reasonable time for the state and any local government to plan imple-
11 mentation thereof and shall be consistent with the availability of
12 required funds.
13 § 2. The legislative law is amended by adding a new section 51-b to
14 read as follows:
15 § 51-b. Sunset on enacted laws imposing a net additional cost. Every
16 bill which enacts a provision of law that imposes an annual net addi-
17 tional cost to any local government in excess of ten thousand dollars or
18 an aggregate annual net additional cost to all local governments within
19 the state in excess of one million dollars, beyond revenues received by
20 such local government in relation to such law, shall provide for the
21 expiration of such law within two years after its effective date.
22 § 3. Section 51 of the legislative law, as added by chapter 985 of the
23 laws of 1983, is amended to read as follows:
24 § 51. Fiscal [impact] notes on bills affecting political subdivisions.
25 1. For the purpose of this section, the term "political subdivision"
26 means any county, city, town, village, special district or school
27 district.
28 2. [The legislature shall by concurrent resolution of the senate and
29 assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
30 rate form, bills and amendments to bills, except as otherwise prescribed
31 by such rules, which] A bill that would substantially affect the reven-
32 ues or expenses, or both, of any political subdivision shall contain a
33 fiscal note stating the estimated annual cost to the political subdivi-
34 sion affected and the source of such estimate.
35 3. Fiscal notes shall not, however, be required for bills: (a) subject
36 to the provisions of section fifty of this [chapter] article, or (b)
37 accompanied by special home rule requests submitted by political subdi-
38 visions, or (c) which provide discretionary authority to political
39 subdivisions, or (d) submitted pursuant to section twenty-four of the
40 state finance law.
41 4. If the estimate or estimates contained in a fiscal note are inaccu-
42 rate, such inaccuracies shall not affect, impair or invalidate such
43 bill.
44 § 4. This act shall take effect immediately, provided, however, that
45 sections one and two of this act shall only apply to laws enacted after
46 such effective date.
47 PART C
48 Section 1. The executive law is amended by adding a new article 5-A to
49 read as follows:
50 ARTICLE 5-A
51 UNFUNDED MANDATE REFORM PLAN
52 Section 75. Duty of governor to examine unfunded mandates; legislative
53 purpose.
54 76. Definitions.
A. 6546 6
1 77. Findings by governor; issuance of unfunded mandate reform
2 plan.
3 78. Contents of unfunded mandate reform plan.
4 79. Effective date of unfunded mandate reform plan.
5 80. Exemptions.
6 § 75. Duty of governor to examine unfunded mandates; legislative
7 purpose. The governor, from time to time, shall examine those mandates
8 imposed by the state on local governments and school districts that the
9 state does not provide adequate funding to support, and shall determine
10 which changes are necessary to reduce the burden of these unfunded
11 mandates on political subdivisions.
12 § 76. Definitions. As used in this article, the following terms shall
13 have the following meanings:
14 1. "Local government" means a county, city, town, village, school
15 district, or special district.
16 2. "Net additional cost" means the cost or costs incurred or antic-
17 ipated to be incurred within a one year period by a local government in
18 performing or administering any program, project, or activity after
19 subtracting therefrom any revenues received or receivable by such local
20 government in relation to such program, project, or activity, including
21 but not limited to:
22 (a) fees charged to the recipients of such program, project, or activ-
23 ity;
24 (b) state or federal funds received for such program, project, or
25 activity; and
26 (c) an offsetting savings resulting from the diminution or elimination
27 of any other program, project, or activity that state law requires such
28 local government to provide or undertake.
29 3. "Unfunded mandate" means:
30 (a) any state law that requires a local government to provide or
31 undertake any new program, project or activity that results in an annual
32 net additional cost to any local government in excess of ten thousand
33 dollars or an aggregate annual net additional cost to all local govern-
34 ments within the state in excess of one million dollars; or
35 (b) any state law that requires a local government to provide a higher
36 level of service or funding for an existing program, project or activity
37 that results in an annual net additional cost to any local government in
38 excess of ten thousand dollars or an aggregate annual net additional
39 cost to all local governments within the state in excess of one million
40 dollars; or
41 (c) any state law that requires a local government to grant any new
42 property tax exemption or that broadens the eligibility or increases the
43 dollar amount of any existing property tax exemption, on property that
44 otherwise would have generated revenue under the current property tax
45 rate of such local government in excess of ten thousand dollars in any
46 local government or in excess of one million dollars statewide; or
47 (d) any state law with a legal requirement that would otherwise likely
48 have the effect of raising property taxes in excess of ten thousand
49 dollars in any local government or in excess of one million dollars
50 statewide.
51 § 77. Findings by governor; issuance of unfunded mandate reform plan.
52 1. Whenever the governor finds it to be in the public interest, he or
53 she may submit to the legislature an unfunded mandate reform plan.
54 2. Nothing in this article shall prohibit or limit the authority of
55 the governor or legislature to repeal, revise or provide funding for
56 unfunded mandates pursuant to any other lawful process.
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1 § 78. Contents of unfunded mandate reform plan. An unfunded mandate
2 reform plan shall:
3 1. set forth as findings in such plan, a description of the nature and
4 purposes of the unfunded mandate reform plan, together with an explana-
5 tion of the advantages that will result from its implementation, includ-
6 ing the anticipated savings and costs associated with each repeal or
7 revision of an unfunded mandate;
8 2. describe in detail other actions, if any, necessary to implement
9 that plan;
10 3. any preliminary actions which have been taken in implementing the
11 plan; and
12 4. provide a projected timetable for completion of the implementation
13 process.
14 § 79. Effective date of unfunded mandate reform plan. 1. The unfunded
15 mandate reform plan submitted by the governor shall be voted on by each
16 house of the legislature, with or without amendments, within sixty days
17 after such submission. The governor may submit only one such plan annu-
18 ally and may amend that plan one time within the first thirty days after
19 such submission. Without the consent of both houses of the legislature,
20 neither a plan nor an amendment may be submitted by the governor after
21 the thirtieth day of April in any year.
22 2. Under provisions contained in an unfunded mandate reform plan, a
23 provision of the plan may be effective at a time later than the date on
24 which the plan otherwise is effective.
25 § 80. Exemptions. 1. A state law shall not be considered an unfunded
26 mandate where such law:
27 (a) is required by a court order or judgment; or
28 (b) is provided at the option of the local government under a law that
29 is permissive rather than mandatory; or
30 (c) results from the passage of a home rule message whereby a local
31 government requests authority to implement the program or service speci-
32 fied in the statute, and the statute imposes costs only upon that local
33 government which requests the authority to impose the program or
34 service; or
35 (d) is required by statute or executive order that implements a feder-
36 al law or regulation and results from costs mandated by the federal
37 government to be borne at the local level, unless the statute or execu-
38 tive order results in costs which exceed the costs mandated by the
39 federal government; or
40 (e) is imposed on both government and non-government entities in the
41 same or substantially similar circumstances; or
42 (f) repeals or revises a state law to ease an existing requirement
43 that a local government provide or undertake a program, project, or
44 activity, or reapportions the costs of activities between local govern-
45 ments; or
46 (g) is necessary to protect against an immediate threat to public
47 health or safety.
48 2. The effective date of any act establishing a mandate shall provide
49 a reasonable time for the state and any local government to plan imple-
50 mentation thereof and shall be consistent with the availability of
51 required funds.
52 § 2. The legislative law is amended by adding a new section 54-c to
53 read as follows:
54 § 54-c. Unfunded mandate reform plan. The legislature may by concur-
55 rent resolution prescribe rules for the consideration and disposition of
A. 6546 8
1 an unfunded mandate reform plan, as defined in article five-A of the
2 executive law.
3 § 3. This act shall take effect immediately.
4 PART D
5 Intentionally omitted
6 PART E
7 Section 1. The civil service law is amended by adding a new section
8 209-b to read as follows:
9 § 209-b. Collective bargaining; local option. 1. The legislature here-
10 by gives and grants to every local government and school district the
11 right, power and authority to opt not to be subject to paragraph (e) of
12 subdivision one of section two hundred nine-a of this article.
13 2. Any local government or school district may, by resolution duly
14 adopted and filed with the secretary of state and the state civil
15 service commission, determine that such local government or school
16 district shall not be subject to paragraph (e) of subdivision one of
17 section two hundred nine-a of this article.
18 3. Any such resolution adopted by a local government or school
19 district may be repealed in the same manner as it was adopted, and such
20 repeal shall become effective upon filing with the secretary of state
21 and the commission.
22 § 2. This act shall take effect immediately.
23 PART F
24 Section 1. Section 365-a of the social services law is amended by
25 adding a new subdivision 10 to read as follows:
26 10. (a) Notwithstanding any other provision of this section or any
27 other provision of law, on and after the effective date of this subdivi-
28 sion, the state is required to allow counties to opt out of providing
29 optional medical assistance services to any new enrollees who have
30 either never received such benefits or who have reenrolled after a peri-
31 od of absence.
32 (b) The commissioner of health is authorized to apply for any and all
33 federal waivers required to implement the provisions of this subdivi-
34 sion.
35 § 2. This act shall take effect immediately.
36 PART G
37 Section 1. Subdivision (c-1) of section 1 of part C of chapter 58 of
38 the laws of 2005 authorizing reimbursements for expenditures made by or
39 on behalf of social services districts for medical assistance for needy
40 persons and the administration thereof, as added by section 1 of part F
41 of chapter 56 of the laws of 2012, is amended to read as follows:
42 (c-1) Notwithstanding any provisions of subdivision (c) of this
43 section to the contrary, effective April 1, 2013, for the period January
44 1, 2013 through December 31, 2013 and for each calendar year thereafter,
45 the medical assistance expenditure amount for the social services
46 district for such period shall be equal to the previous calendar year's
47 medical assistance expenditure amount[, except that:
A. 6546 9
1 (1) for the period January 1, 2013 through December 31, 2013, the
2 previous calendar year medical assistance expenditure amount will be
3 increased by 2%;
4 (2) for the period January 1, 2014 through December 31, 2014, the
5 previous calendar year medical assistance expenditure amount will be
6 increased by 1%].
7 § 2. This act shall take effect immediately; provided, however, that
8 if section 1 of part F of chapter 56 of the laws of 2012 shall not have
9 taken effect on or before such effective date than section one of this
10 act shall take effect on the same date and in the same manner as such
11 chapter of the laws of 2012 takes effect.
12 PART H
13 Section 1. Subsection (aa) of section 606 of the tax law, as amended
14 by section 1 of part P of chapter 61 of the laws of 2005, is amended to
15 read as follows:
16 (aa) Long-term care insurance credit. (1) Residents. A taxpayer shall
17 be allowed a credit against the tax imposed by this article equal to
18 [twenty] fifty percent of the premium paid during the taxable year for
19 long-term care insurance. In order to qualify for such credit, the
20 taxpayer's premium payment must be for the purchase of or for continuing
21 coverage under a long-term care insurance policy that qualifies for such
22 credit pursuant to section one thousand one hundred seventeen of the
23 insurance law. If the amount of the credit allowable under this
24 subsection for any taxable year shall exceed the taxpayer's tax for such
25 year, the excess may be carried over to the following year or years and
26 may be deducted from the taxpayer's tax for such year or years.
27 (2) Nonresidents and part-year residents. In the case of a nonresident
28 taxpayer or a part-year resident taxpayer, the credit determined under
29 this subsection shall be limited to the amount determined by multiplying
30 the amount of such credit by the New York source fraction as set forth
31 in paragraph three of subsection (e) of section six hundred one of this
32 [article] part. The credit as so limited shall be applied as provided
33 in paragraph one of this subsection.
34 § 2. This act shall take effect on the first of January next succeed-
35 ing the date on which it shall have become a law and shall apply to all
36 subsequent tax years.
37 PART I
38 Section 1. Subsection (l) of section 3216 of the insurance law, as
39 added by chapter 504 of the laws of 1995, is amended to read as follows:
40 (l) On and after January first, nineteen hundred ninety-seven, no
41 insurer shall offer major medical, comprehensive or other comparable
42 individual contracts, other than for purposes of conversion, unless the
43 benefits of such contracts, including deductibles and coinsurance, are
44 identical to the out-of-plan benefits of the contracts described in
45 section four thousand three hundred twenty-two of this chapter. Such
46 contracts must include a prescription drug benefit complying with the
47 requirements of that section. The requirements of this subsection shall
48 not apply to a policy intended to qualify for use in a health savings
49 account pursuant to section 1201 of the federal medicare prescription
50 drug, improvement and modernization act of 2003. Such policies shall be
51 known as "freedom policies".
A. 6546 10
1 § 2. Section 3221 of the insurance law is amended by adding a new
2 subsection (s) to read as follows:
3 (s) No group or blanket accident and health insurance policy issued or
4 issued for delivery in this state for use in a health savings account
5 pursuant to section 1201 of the federal medicare prescription drug,
6 improvement, and modernization act of 2003 shall be required to meet the
7 requirements of this section, or regulations issued by the superinten-
8 dent, with regard to covered health care services which must be included
9 in the policy. Such policies shall be known as "freedom policies".
10 § 3. Subsection (l) of section 4304 of the insurance law, as added by
11 chapter 504 of the laws of 1995, is amended to read as follows:
12 (l) On and after January first, nineteen hundred ninety-seven, no
13 insurer shall offer major medical, comprehensive or other comparable
14 individual contracts on a direct payment basis, other than for purposes
15 of conversion, unless the benefits of such contracts, including deduct-
16 ibles and coinsurance, are identical to the out-of-plan benefits of the
17 contracts described in section four thousand three hundred twenty-two of
18 this article. Such contracts must include a prescription drug benefit
19 complying with the requirements of such section. The requirements of
20 this subsection shall not apply to a policy intended to qualify for use
21 in a health savings account pursuant to section 1201 of the federal
22 medicare prescription drug, improvement and modernization act of 2003.
23 Such policies shall be known as "freedom policies".
24 § 4. Section 4304 of the insurance law is amended by adding a new
25 subsection (n) to read as follows:
26 (n) No policy issued to a remitting agent on behalf of a group pursu-
27 ant to subsection (a) of this section, and no policy issued to a group
28 pursuant to section four thousand three hundred five of this article,
29 for use in a health savings account pursuant to section 1201 of the
30 federal medicare prescription drug, improvement, and modernization act
31 of 2003 shall be required to meet the requirements of this section or
32 section four thousand three hundred five of this article, or regulations
33 issued by the superintendent, with regard to covered health care
34 services which must be included in the policy. Such policies shall be
35 known as "freedom policies".
36 § 5. Subsection (a) of section 4322 of the insurance law, as amended
37 by chapter 342 of the laws of 2004, is amended to read as follows:
38 (a) On and after January first, nineteen hundred ninety-six, all
39 health maintenance organizations issued a certificate of authority under
40 article forty-four of the public health law or licensed under this arti-
41 cle shall offer to individuals, in addition to the standardized contract
42 required by section four thousand three hundred twenty-one of this arti-
43 cle, a standardized individual enrollee direct payment contract on an
44 open enrollment basis as prescribed by section four thousand three
45 hundred seventeen of this article and section four thousand four hundred
46 six of the public health law, and regulations promulgated thereunder,
47 with an out-of-plan benefit system, provided, however, that such
48 requirements shall not apply to a health maintenance organization exclu-
49 sively serving individuals enrolled pursuant to title eleven of article
50 five of the social services law, title eleven-D of article five of the
51 social services law, title one-A of article twenty-five of the public
52 health law or title eighteen of the federal Social Security Act, and,
53 further provided, that such health maintenance organization shall not
54 discontinue a contract for an individual receiving comprehensive-type
55 coverage in effect prior to January first, two thousand four who is
56 ineligible to purchase policies offered after such date pursuant to this
A. 6546 11
1 section or section four thousand three hundred [twenty-two] twenty-one
2 of this article due to the provision of 42 U.S.C. 1395ss in effect prior
3 to January first, two thousand four. The out-of-plan benefit system
4 shall either be provided by the health maintenance organization pursuant
5 to subdivision two of section four thousand four hundred six of the
6 public health law or through an accompanying insurance contract provid-
7 ing out-of-plan benefits offered by a company appropriately licensed
8 pursuant to this chapter. On and after January first, nineteen hundred
9 ninety-six, the contracts issued pursuant to this section and section
10 four thousand three hundred twenty-one of this article shall be the only
11 contracts offered by health maintenance organizations to individuals;
12 provided, however, this limitation shall not apply to one or more poli-
13 cies intended to qualify for use in a health savings account pursuant to
14 section 1201 of the federal medicare prescription drug, improvement, and
15 modernization act of 2003. Such policies shall be known as "freedom
16 policies". The enrollee contracts issued by a health maintenance organ-
17 ization under this section and section four thousand three hundred twen-
18 ty-one of this article shall also be the only contracts issued by the
19 health maintenance organization for purposes of conversion pursuant to
20 sections four thousand three hundred four and four thousand three
21 hundred five of this article. However, nothing in this section shall be
22 deemed to require health maintenance organizations to terminate individ-
23 ual direct payment contracts issued prior to January first, nineteen
24 hundred ninety-six or prohibit health maintenance organizations from
25 terminating individual direct payment contracts issued prior to January
26 first, nineteen hundred ninety-six.
27 § 6. This act shall take effect immediately.
28 PART J
29 Section 1. The general municipal law is amended by adding a new
30 section 93-e to read as follows:
31 § 93-e. Contributions of health insurance premiums for officers and
32 employees of municipal corporations and agencies or instrumentalities
33 thereof. 1. No more than nine-tenths of the cost of premium or
34 subscription charges for the coverage of any officer or employee of the
35 municipality or retired employees who are enrolled in a health benefit
36 plan shall be paid by the municipality.
37 2. No more than three-quarters of the cost of premium or subscription
38 charges for the coverage of dependents of such municipal employees and
39 retired municipal employees who are enrolled in a health benefit plan
40 shall be paid by the municipality.
41 3. The provisions of this section shall apply to and be effective
42 within every city, county, town, village, school district and organized
43 public district in the state.
44 § 2. This act shall take effect immediately.
45 PART K
46 Section 1. Paragraph c of subdivision 4 of section 220 of the labor
47 law, as amended by chapter 118 of the laws of 1962, is amended and a new
48 paragraph d is added to read as follows:
49 c. Engineers, electricians and elevator men in the bureau of building
50 management of the office of general services during the annual session
51 of the legislature[.];
A. 6546 12
1 d. Any public works projects where the fiscal officer has anticipated
2 a total cost of less than five hundred thousand dollars.
3 § 2. This act shall take effect immediately.
4 PART L
5 Section 1. Subdivision 2 of section 220 of the labor law, as amended
6 by chapter 678 of the laws of 2007, is amended to read as follows:
7 2. Each contract to which the state or a public benefit corporation or
8 a municipal corporation or a commission appointed pursuant to law is a
9 party[, and any contract for public work entered into by a third party
10 acting in place of, on behalf of and for the benefit of such public
11 entity pursuant to any lease, permit or other agreement between such
12 third party and the public entity,] and which may involve the employment
13 of laborers, workers or mechanics shall contain a stipulation that no
14 laborer, worker or mechanic in the employ of the contractor, subcontrac-
15 tor or other person doing or contracting to do the whole or a part of
16 the work contemplated by the contract shall be permitted or required to
17 work more than eight hours in any one calendar day or more than five
18 days in any one week except in cases of extraordinary emergency includ-
19 ing fire, flood or danger to life or property. No such person shall be
20 so employed more than eight hours in any day or more than five days in
21 any one week except in such emergency. Extraordinary emergency within
22 the meaning of this section shall be deemed to include situations in
23 which sufficient laborers, workers and mechanics cannot be employed to
24 carry on public work expeditiously as a result of such restrictions upon
25 the number of hours and days of labor and the immediate commencement or
26 prosecution or completion without undue delay of the public work is
27 necessary in the judgment of the commissioner for the preservation of
28 the contract site and for the protection of the life and limb of the
29 persons using the same. Upon the application of any person interested,
30 the commissioner shall make a determination as to whether or not on any
31 public project or on all public projects in any area of this state,
32 sufficient laborers, workers and mechanics of any or all classifications
33 can be employed to carry on work expeditiously if their labor is
34 restricted to eight hours per day and five days per week, and in the
35 event that the commissioner determines that there are not sufficient
36 workers, laborers and mechanics of any or all classifications which may
37 be employed to carry on such work expeditiously if their labor is
38 restricted to eight hours per day and five days per week, and the imme-
39 diate commencement or prosecution or completion without undue delay of
40 the public work is necessary in the judgment of the commissioner for the
41 preservation of the contract site and for the protection of the life and
42 limb of the persons using the same, the commissioner shall grant a
43 dispensation permitting all laborers, workers and mechanics, or any
44 classification of such laborers, workers and mechanics, to work such
45 additional hours or days per week on such public project or in such
46 areas the commissioner shall determine. Whenever such a dispensation is
47 granted, all work in excess of eight hours per day and five days per
48 week shall be considered overtime work, and the laborers, workers and
49 mechanics performing such work shall be paid a premium wage commensurate
50 with the premium wages prevailing in the area in which the work is
51 performed. No such dispensation shall be effective with respect to any
52 public work unless and until the department of jurisdiction, as defined
53 in this section, certifies to the commissioner that such public work is
54 of an important nature and that a delay in carrying it to completion
A. 6546 13
1 would result in serious disadvantage to the public. Time lost in any
2 week because of inclement weather by employees engaged in the
3 construction, reconstruction and maintenance of highways outside of the
4 limits of cities and villages may be made up during that week and/or the
5 succeeding three weeks.
6 § 2. Paragraph (c) of subdivision 3 of section 220 of the labor law,
7 as separately amended by chapter 678 of the laws of 2007 and chapter 7
8 of the laws of 2008, is amended to read as follows:
9 (c) It shall be the duty of the fiscal officer, as defined in this
10 section, to ascertain and determine the schedules of supplements to be
11 provided and wages to be paid workers, laborers and mechanics on such
12 public work, prior to the time of the advertisement for bids, and such
13 schedules shall be annexed to and form a part of the specifications for
14 the work. Such fiscal officer shall file with the department having
15 jurisdiction such schedules prior to the time of the commencement of the
16 advertisement for bids on all public works proposed to be constructed.
17 The term "contract" as used in this article also shall include recon-
18 struction and repair of any such public work[, and any public work
19 performed under a lease, permit or other agreement pursuant to which the
20 department of jurisdiction grants the responsibility of contracting for
21 such public work to any third party proposing to perform such work to
22 which the provisions of this article would apply had the department of
23 jurisdiction contracted directly for its performance, or where there is
24 no lease, permit or other agreement and ownership of a public work is
25 intended to be assumed by such public entity at any time subsequent to
26 completion of the public work].
27 § 3. This act shall take effect immediately.
28 PART M
29 Section 1. This act shall be known and may be cited as the "scaffold
30 reform act".
31 § 2. The labor law is amended by adding a new section 241-c to read as
32 follows:
33 § 241-c. Counties granted local option. 1. Counties shall be granted
34 a local option to require contractors working on projects within their
35 respective jurisdictions to comply with the regulations and standards
36 set forth by the United States Department of Labor Occupational Safety
37 and Health Administration and applicable state regulations, instead of
38 the requirements of sections two hundred forty, two hundred forty-one
39 and two hundred forty-one-a of this article.
40 2. Contractors and employees in such counties that opt not to follow
41 such provisions of sections two hundred forty, two hundred forty-one and
42 two hundred forty-one-a of this article shall be subject to a contrib-
43 utory negligence standard that hold employees responsible for their
44 culpable conduct. Such conduct shall include, but not be limited to:
45 (a) any employee who fails to follow safety instructions or safe work
46 practices provided in accordance with approved training courses, includ-
47 ing, but not limited to, courses provided by the United States Depart-
48 ment of Labor Occupational Safety and Health Administration or by the
49 department;
50 (b) any employee who fails to use safety devices furnished on the job
51 site; or
52 (c) any employee who was injured while impaired by the use of alcohol
53 or drugs or while committing a crime.
A. 6546 14
1 3. The commissioner shall promulgate any rules and regulations neces-
2 sary for the implementation of this section to authorize counties to
3 exercise this local option. The process for the implementation of such
4 rules and regulations shall include, but not be limited to, consulta-
5 tions with businesses and labor, mandatory public hearings and approval
6 by the county governing body.
7 § 3. This act shall take effect on the ninetieth day after it shall
8 have become a law.
9 PART N
10 Section 1. Section 101 of the general municipal law is REPEALED.
11 § 2. Subdivision 4 of section 279-c of the county law, as added by
12 chapter 504 of the laws of 1997, is amended to read as follows:
13 4. Every agreement entered into between the district and a private
14 entity, pursuant to subdivision one of this section, for the
15 construction of a wastewater treatment facility, shall require the
16 payment of all applicable prevailing wages pursuant to section two
17 hundred twenty of the labor law, shall require the furnishing to the
18 district of a performance bond in the full amount of the cost of such
19 construction, shall require that each contractor and subcontractor
20 performing work on such construction furnish a payment bond in the full
21 amount of its contract guaranteeing prompt payment of monies that are
22 due to all persons furnishing labor and materials to such contractor or
23 subcontractor[, and shall contain provisions that such construction, if
24 in excess of twenty thousand dollars, shall be conducted pursuant to
25 section one hundred one of the general municipal law]. A copy of the
26 above mentioned payment and performance bonds shall be kept by the
27 district and shall be open to public inspection.
28 § 3. Paragraph d of subdivision 1 of section 372-a of the education
29 law, as added by chapter 624 of the laws of 1999, is amended to read as
30 follows:
31 d. Any contracts or leases entered into by the trustees of the state
32 university of New York pursuant to this section shall require the lessee
33 or contracting not-for-profit corporation to comply with the require-
34 ments of article fifteen-A of the executive law. Any contract or lease
35 for construction, rehabilitation, or other improvement authorized by
36 this section entered into by the trustees shall require the lessee or
37 contractor and/or subcontractor to comply with the requirements of
38 section two hundred twenty, two hundred thirty, two hundred thirty-one,
39 two hundred forty and two hundred forty-one of the labor law, where
40 applicable, as well as [sections one hundred one and] section one
41 hundred three of the general municipal law, where applicable;
42 § 4. Subdivision 11 of section 407-a of the education law, as added by
43 chapter 737 of the laws of 1988, is amended to read as follows:
44 11. Any contract undertaken or financed by the dormitory authority for
45 any construction, reconstruction, rehabilitation or improvement for any
46 special act school district shall comply with the provisions of
47 [sections one hundred one and] section one hundred three of the general
48 municipal law.
49 § 5. Subdivision 1 of section 458 of the education law is REPEALED and
50 subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
51 § 6. Subdivision 1 of section 482 of the education law is REPEALED and
52 subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
53 § 7. Subdivision 3 of section 1726 of the education law, as added by
54 chapter 198 of the laws of 1973, is amended to read as follows:
A. 6546 15
1 3. Such agreements shall be subject to the bidding requirements of the
2 general municipal law[, except that the provisions of section one
3 hundred one of the general municipal law shall not apply to lease or
4 lease-purchase of pre-manufactured items delivered to the site, but
5 shall apply to installation and other work to be performed on the site].
6 § 8. Subdivision (b) of section 6281 of the education law is REPEALED.
7 § 9. Subparagraph 4 of paragraph c of subdivision 2 of section 27-0707
8 of the environmental conservation law, as amended by chapter 70 of the
9 laws of 1988, is amended to read as follows:
10 (4) the applicant has received or will receive the written opinion of
11 counsel to each [muncipality] municipality or public authority which has
12 entered into a contract, lease or rental agreement with the proposed
13 facility that such contract, lease or rental agreement is in compliance
14 with the applicable requirements of sections [one hundred one,] one
15 hundred three and one hundred twenty-w of the general municipal law.
16 § 10. The closing paragraph of section 99-q of the general municipal
17 law, as added by chapter 825 of the laws of 1987, is amended to read as
18 follows:
19 All contracts entered into pursuant to the provisions of this section
20 shall be subject to the provisions of [sections one hundred one and]
21 section one hundred three of this chapter.
22 § 11. The opening paragraph of paragraph (e) of subdivision 4 of
23 section 120-w of the general municipal law, as amended by chapter 552 of
24 the laws of 1980, is amended to read as follows:
25 It is the intent of the legislature that overall cost should in all
26 cases be a major criterion in the selection of contractors for award of
27 contracts pursuant to this section and that, wherever practical, such
28 contracts which include construction work should be procured through
29 competitive bidding procedures as prescribed by [sections one hundred
30 one and] section one hundred three of this chapter. It is further the
31 intent of the legislature to acknowledge the highly complex and innova-
32 tive nature of resource recovery technology for processing mixed solid
33 waste, the relative newness of the variety of resource recovery systems
34 now available, the desirability of a single point of responsibility for
35 the development of facilities and the economic and technical utility of
36 contracts for resource recovery projects which include in their scope
37 various combinations of design, construction, operation, management
38 and/or maintenance responsibilities over prolonged periods of time and
39 that in some instances it may be beneficial to the municipality to award
40 a contract on the basis of factors other than cost alone, including but
41 not limited to facility design, system reliability, energy efficiency,
42 compatibility with source separation and other recycling systems and
43 environmental protection. Accordingly, and notwithstanding the
44 provisions of any general, special or local law or charter, a contract
45 entered into between a municipality and any person pursuant to this
46 section may be awarded pursuant to public bidding in compliance with
47 [sections one hundred one and] section one hundred three of this chapter
48 or pursuant to the following provisions for the award of a contract
49 based on evaluation of proposals submitted in response to a request for
50 proposals prepared by or for the municipality:
51 § 12. Section 1136 of the public authorities law, as added by chapter
52 592 of the laws of 1991, is amended to read as follows:
53 § 1136. Construction and purchase contracts. The authority shall let
54 contracts for construction or purchase of supplies, materials or equip-
55 ment pursuant to [sections one hundred one and] section one hundred
56 three of the general municipal law. Nothing in this section shall be
A. 6546 16
1 construed to limit the powers of the authority to do any construction
2 directly by the officers, agents and employees of the authority.
3 § 13. Section 1137 of the public authorities law, as added by chapter
4 595 of the laws of 1991, is amended to read as follows:
5 § 1137. Construction and purchase contracts. The authority shall let
6 contracts for construction or purchase of supplies, materials, or equip-
7 ment pursuant to [sections one hundred one and] section one hundred
8 three of the general municipal law. Nothing in this section shall be
9 construed to limit the power of the authority to do any construction
10 directly by the officers, agents and employees of the authority.
11 § 14. Section 1147-u of the public authorities law, as added by chap-
12 ter 691 of the laws of 1995, is amended to read as follows:
13 § 1147-u. Construction and purchase contracts. The authority shall let
14 contracts for construction or purchase of supplies, materials, or equip-
15 ment pursuant to [sections one hundred one and] section one hundred
16 three of the general municipal law and shall be let in accordance with
17 the provisions of state law pertaining to prevailing wages, labor stand-
18 ards, and working hours. Nothing in this section shall be construed to
19 limit the power of the authority to do any construction directly by the
20 officers, agents and employees of the authority.
21 § 15. Section 1174-q of the public authorities law, as added by chap-
22 ter 491 of the laws of 1991, is amended to read as follows:
23 § 1174-q. Construction and purchase contracts. The authority shall let
24 contracts for construction or purchase of supplies, materials, or equip-
25 ment pursuant to [sections one hundred one and] section one hundred
26 three of the general municipal law. Nothing in this section shall be
27 construed to limit the power of the authority to do any construction
28 directly by the officers, agents and employees of the authority or to
29 contract with a public utility, for a term not to exceed five years, for
30 the operation and maintenance of a water supply system acquired from
31 said public utility.
32 § 16. Section 1198-q of the public authorities law, as added by chap-
33 ter 868 of the laws of 1990, is amended to read as follows:
34 § 1198-q. Construction and purchase contracts. The authority shall let
35 contracts for construction or purchase of supplies, materials, or equip-
36 ment pursuant to [sections one hundred one and] section one hundred
37 three of the general municipal law. Nothing in this section shall be
38 construed to limit the power of the authority to do any construction
39 directly by the officers, agents and employees of the authority or to
40 contract with a public utility, for a term not to exceed five years, for
41 the operation and maintenance of a water supply system acquired from
42 said public utility.
43 § 17. Section 1199-qqq of the public authorities law, as added by
44 chapter 678 of the laws of 1990, is amended to read as follows:
45 § 1199-qqq. Construction and purchase contracts. The authority shall
46 let contracts for construction or purchase of supplies, materials, or
47 equipment pursuant to [sections one hundred one and] section one hundred
48 three of the general municipal law. Nothing in this section shall be
49 construed to limit the power of the authority to do any construction
50 directly by the officers, agents and employees of the authority.
51 § 18. Section 1199-qqqq of the public authorities law, as added by
52 chapter 195 of the laws of 1995, is amended to read as follows:
53 § 1199-qqqq. Construction and purchase contracts. The authority shall
54 let contracts for construction or purchase of supplies, materials, or
55 equipment pursuant to [sections one hundred one and] section one hundred
56 three of the general municipal law and shall be let in accordance with
A. 6546 17
1 the provisions of state law pertaining to prevailing wages, labor stand-
2 ards, and working hours. Nothing in this section shall be construed to
3 limit the power of the authority to do any construction directly by the
4 officers, agents and employees of the authority.
5 § 19. The closing paragraph of subdivision 13 of section 1678 of the
6 public authorities law, as added by chapter 825 of the laws of 1987, is
7 amended to read as follows:
8 Any contract undertaken or financed by the dormitory authority for any
9 construction, reconstruction, rehabilitation or improvement of any court
10 facilities or combined occupancy structures shall comply with the
11 provisions of [sections one hundred one and] section one hundred three
12 of the general municipal law.
13 § 20. The opening paragraph of paragraph a of subdivision 2 of section
14 1680 of the public authorities law, as amended by section 25 of part II
15 of chapter 59 of the laws of 2004, is amended to read as follows:
16 The dormitory authority is hereby authorized and empowered upon appli-
17 cation of the educational institution concerned to acquire, design,
18 construct, reconstruct, rehabilitate and improve, or otherwise provide
19 and furnish and equip dormitories and attendant facilities for any
20 educational institution, provided that the specifications for any
21 contract undertaken or financed by the dormitory authority for any
22 construction, reconstruction, rehabilitation or improvement of any
23 building or structure commenced after September first, nineteen hundred
24 seventy-four for the Gananda school district or the Gananda educational
25 facilities corporation, or any agency, board or commission therein, or
26 any official thereof, [shall comply with the provisions of section one
27 hundred one of the general municipal law and the specifications for such
28 contract] may provide for assignment of responsibility for coordination
29 of any of the contracts for such work to a single responsible and quali-
30 fied person, firm or corporation; [provided, however, that all contracts
31 for construction of buildings on behalf of Queens Hospital Center shall
32 be in conformity with the provisions of section one hundred one of the
33 general municipal law;] provided that any contracts for the
34 construction, reconstruction, rehabilitation or improvement of any
35 public work project undertaken by the dormitory authority of any facili-
36 ty for the aged for any political subdivision of the state or any
37 district therein or agency, department, board or commission thereof, or
38 any official thereof, shall comply with the provisions of section one
39 hundred thirty-five of the state finance law; and provided further that
40 any contract undertaken or financed by the dormitory authority for any
41 construction, reconstruction, rehabilitation or improvement of any
42 building commenced after January first, nineteen hundred eighty-nine for
43 the department of health shall comply with the provisions of section one
44 hundred thirty-five of the state finance law.
45 § 21. Subdivision 1 of section 1734 of the public authorities law, as
46 added by chapter 738 of the laws of 1988, is amended to read as follows:
47 1. [a.] All contracts for the construction, reconstruction, improve-
48 ment, rehabilitation, maintenance, repair, furnishing, equipping of or
49 otherwise providing for educational facilities for the city board may be
50 awarded in accordance with the provisions of this section, notwithstand-
51 ing the provisions of section eight of the public buildings law, section
52 one hundred three of the general municipal law, section one hundred
53 thirty-five of the state finance law, section seven of the New York
54 state financial emergency act for the city of New York or of any other
55 provision of general, special or local law, charter or administrative
56 code.
A. 6546 18
1 [b. The authority shall be subject to the provisions of section one
2 hundred one of the general municipal law.]
3 § 22. Section 1735 of the public authorities law, as added by chapter
4 738 of the laws of 1988, subdivision 1 as amended by chapter 345 of the
5 laws of 2009, subdivision 4 as amended by chapter 491 of the laws of
6 2000 and subdivision 6 as amended by chapter 523 of the laws of 2010, is
7 amended to read as follows:
8 § 1735. Certain contracts of the authority. 1. [Notwithstanding the
9 provisions of paragraph b of subdivision one of section seventeen
10 hundred thirty-four of this title, the award of construction contracts
11 by the authority between July first, nineteen hundred eighty-nine and
12 June thirtieth, two thousand fourteen, shall not be subject to the
13 provisions of section one hundred one of the general municipal law.
14 2.] Notice of the invitation for bids for contracts to be awarded
15 pursuant to this section shall state the time and place of the receipt
16 and opening of bids.
17 [3.] 2. All bidders shall submit to the authority, prior to the open-
18 ing of a bid for the award of a contract under this section, a sealed
19 list identifying the names of each subcontractor each contractor
20 proposes to utilize under the contract for the performance of the
21 following subdivisions of work:
22 a. Plumbing and gas fitting;
23 b. Steam heating, hot water heating, ventilating and air conditioning
24 apparatus; and
25 c. Electric wiring and standard illuminating fixtures.
26 The low bidder shall specify in such list the estimated value to be
27 paid each such subcontractor for the work to be performed by such
28 subcontractor. After the authority has announced the low bidder at the
29 bid opening, the authority shall open only such low bidder's separate
30 sealed list and shall read aloud such subcontractors listed therein. All
31 such sealed lists except those of the low bidder shall be returned
32 unopened to their respective contractors following the awarding of a
33 contract.
34 [4.] 3. The authority shall establish a committee to review and report
35 on contracts issued pursuant to this section and on the procedures and
36 methodology of the authority in awarding such contracts. The review
37 shall include, but not be limited to, the degree to which contractors
38 awarded contracts pursuant to [such paragraph] this section, and the
39 subcontractors utilized by them, utilize employees who are represented
40 by labor organizations, comply with existing labor standards, maintain
41 harmonious labor relations and recognize state approved apprentice
42 programs. The committee shall, from time to time, issue economic and
43 statistical reports dealing with the costs of construction under this
44 article. Such reports shall deal with the costs of labor, material,
45 equipment and profit. The committee shall have no authority to approve
46 or disapprove contracts. The committee shall be composed of two repre-
47 sentatives from the authority, one representative from the board, two
48 representatives from construction-related labor organizations and two
49 representatives from the construction industry, at least one of whom
50 shall be involved in the subdivisions of work described in subdivision
51 [three] two of this section. The president of the authority shall desig-
52 nate the members of the committee, provided, however, that the president
53 shall designate the representatives of labor organizations from a list
54 of names submitted by the New York state AFL-CIO.
55 [5.] 4. In awarding contracts pursuant to this section the authority
56 shall, in addition to the factors set forth in subdivision three of
A. 6546 19
1 section seventeen hundred thirty-four of this title, consider the
2 following factors when establishing a list of pre-qualified bidders for
3 construction work: (a) the degree to which a contractor or subcontractor
4 utilizes employees who are represented by a labor organization; (b) the
5 absence of any intentional misrepresentation with regard to lists of
6 subcontractors previously submitted pursuant to the provisions of subdi-
7 vision [two] one of this section; and (c) the record of the bidder in
8 complying with existing labor standards, maintaining harmonious labor
9 relations and recognizing state approved apprentice programs.
10 [6.] 5. The authority shall provide in its construction, erection or
11 alteration contracts which implement a five year educational facilities
12 capital plan a provision that shall require each contractor to make
13 prompt payment to its subcontractors performing each subdivision of work
14 listed in subdivision [three] two of this section. Within seven calendar
15 days of the receipt of any payment from the authority, the contractor
16 shall pay to each such subcontractor that portion of the proceeds of
17 such payment representing the value of the work performed by such
18 subcontractor, based upon the actual value of the subcontract, which has
19 been approved and paid for by the authority, less an amount necessary to
20 satisfy any claims, liens or judgments against the subcontractor which
21 have not been suitably discharged and less any amount retained by the
22 contractor as provided herein. For such purpose, the subcontract may
23 provide that the contractor may retain not more than five per centum of
24 each payment to the subcontractor or not more than ten per centum of
25 each such payment if prior to entering into the subcontract the subcon-
26 tractor is unable or unwilling to provide, at the request of the
27 contractor, a performance bond and a labor and material bond both in the
28 amount of the subcontract.
29 At the time of making a payment to the contractor for work performed
30 by the subcontractors set forth in subdivision [three] two of this
31 section, the authority shall file in its office for review a record of
32 such payment. If any such subcontractor shall notify the authority and
33 the contractor in writing that the contractor has failed to make a
34 payment to it as provided herein and the contractor shall fail, within
35 five calendar days after receipt of such notice, to furnish either proof
36 of such payment or notice that the amount claimed by the subcontractor
37 is in dispute, the authority shall withhold from amounts then or there-
38 after becoming due and payable to the contractor, other than from
39 amounts becoming due and payable to the contractor representing the
40 value of work approved by the authority and performed by other subcon-
41 tractors and which the contractor is required to pay to such subcontrac-
42 tors within seven calendar days as herein provided, an amount equal to
43 one hundred fifty percent of that portion of the authority's prior
44 payment to the contractor which the subcontractor claims to be due it,
45 shall remit the amount when and so withheld to the subcontractor and
46 deduct such payment from the amounts then otherwise due and payable to
47 the contractor, which payment shall, as between the contractor and the
48 authority, be deemed a payment by the authority to the contractor. In
49 the event the contractor shall notify the authority as above provided
50 that the claim of the subcontractor is in dispute, the authority shall
51 withhold from amounts then or thereafter becoming due and payable to the
52 contractor, other than from amounts becoming due and payable to the
53 contractor representing the value of work approved by the authority and
54 performed by other subcontractors and which the contractor is required
55 to pay to such subcontractors within seven calendar days as herein
56 provided, an amount equal to one hundred fifty percent of that portion
A. 6546 20
1 of the authority's prior payment to the contractor which the subcontrac-
2 tor claims to be due it and deposit such amount when and so withheld in
3 a separate interest-bearing account pending resolution of the dispute,
4 and the amount so deposited together with the interest thereon shall be
5 paid to the party or parties ultimately determined to be entitled there-
6 to, or until the contractor and subcontractor shall otherwise agree as
7 to the disposition thereof. In the event the authority shall be
8 required to withhold amounts from a contractor for the benefit of more
9 than one subcontractor, the amounts so withheld shall be applied to or
10 for such subcontractors in the order in which the written notices of
11 nonpayment have been received by the authority, and if more than one
12 such notice was received on the same day, proportionately based upon the
13 amount of the subcontractor claims received on such day. Notwithstanding
14 the foregoing, in lieu of withholding such amount or amounts in dispute,
15 the contractor may post a bond or other form of undertaking guaranteeing
16 payment of such disputed amounts. Nothing herein contained shall prevent
17 the authority from commencing an interpleader action to determine enti-
18 tlement to a disputed payment in accordance with section one thousand
19 six of the civil practice law and rules, or any successor provision
20 thereto. In the event the authority does not withhold the required
21 amounts within sixty days after the written notification from the
22 subcontractor regarding failure of the contractor to make payment, the
23 subcontractor may file a lien under article two of the lien law as the
24 sole remedy in lieu of the remedy provided under this subdivision.
25 Payment to a subcontractor shall not relieve the contractor from
26 responsibility for the work covered by the payment. Except as otherwise
27 provided, nothing contained herein shall create any obligation on the
28 part of the authority to pay any subcontractor, nor shall anything
29 provided herein serve to create any relationship in contract or other-
30 wise, implied or expressed, between the subcontractor and the authority.
31 The provisions of this subdivision shall not be applicable to the
32 subcontractors of a contractor whose contract is limited to the perform-
33 ance of a single subdivision of work listed in subdivision [three] two
34 of this section.
35 [7.] 6. The provisions of this section shall cease to be in effect in
36 the event any of the provisions of this section shall be adjudged to be
37 invalid by the final judgment of a court of competent jurisdiction from
38 which judgment all appeals or applications for relief have been
39 exhausted or the time therefor has expired, provided, however, that such
40 appeals or applications are pursued promptly.
41 § 23. Section 2052-k of the public authorities law, as added by chap-
42 ter 683 of the laws of 1992, is amended to read as follows:
43 § 2052-k. Construction and purchase contracts. The authority shall let
44 contracts for construction or purchase of supplies, materials, or equip-
45 ment pursuant to [sections one hundred one and] section one hundred
46 three of the general municipal law. Nothing in this section shall be
47 construed to limit the powers of the authority to do any construction
48 directly by the officers, agents and employees of the authority.
49 § 24. The opening paragraph of subdivision 9 of section 3303 of the
50 public authorities law, as added by chapter 11 of the laws of 1997, is
51 amended to read as follows:
52 It is the intent of the legislature that overall cost should in all
53 cases be a major criterion in the selection of project developers for
54 award of contracts pursuant to this section and that, wherever practi-
55 cal, such contracts should be entered into through competitive bidding
56 procedures as prescribed by [sections one hundred one and] section one
A. 6546 21
1 hundred three of the general municipal law. It is further the intent of
2 the legislature to acknowledge the highly complex and innovative nature
3 of medical technology, diagnostic and treatment devices, the relative
4 newness of a variety of devices, processes and procedures now available,
5 the desirability of a single point of responsibility for the development
6 of medical treatment and diagnostic facilities and the economic and
7 technical utility of contracts for medical projects which include in
8 their scope various combinations of design, construction, operation,
9 management and/or maintenance responsibility over prolonged periods of
10 time and that in some instances it may be beneficial to the corporation
11 to award a contract for a medical project on the basis of factors other
12 than cost alone, including but not limited to facility design, system
13 reliability, efficiency, safety, and compatibility with other elements
14 of patient care. Accordingly, and notwithstanding the provisions of any
15 general, special or local law or chapter, a contract for a medical
16 project entered into between the corporation and any project developer
17 pursuant to this section may be awarded pursuant to public bidding in
18 compliance with [sections one hundred one and] section one hundred three
19 of the general municipal law or pursuant to the following provisions for
20 the award of a contract based on evaluation of proposals submitted in
21 response to a request for proposals prepared by or for the corporation:
22 § 25. The opening paragraph of subdivision 8 of section 3402 of the
23 public authorities law, as added by chapter 9 of the laws of 1997, is
24 amended to read as follows:
25 It is the intent of the legislature that overall cost should in all
26 cases be a major criterion in the selection of project developers for
27 award of contracts pursuant to this section and that, wherever practi-
28 cal, such contracts should be entered into pursuant to the provisions of
29 [sections one hundred one and] section one hundred three of the general
30 municipal law. It is further the intent of the legislature to acknowl-
31 edge the highly complex and innovative nature of medical technology,
32 diagnostic and treatment devices, the relative newness of a variety of
33 devices, processes and procedures now available, the desirability of a
34 single point of responsibility for the development of medical treatment
35 and diagnostic facilities and the economic and technical utility of
36 contracts for medical projects which include in their scope various
37 combinations of design, construction, operation, management and/or main-
38 tenance responsibility over prolonged periods of time and that in some
39 instances it may be beneficial to the corporation to award a contract
40 for a medical project on the basis of factors other than capital cost
41 alone, including but not limited to facility design, system reliability,
42 efficiency, safety, long-term operating costs and compatibility with
43 other elements of patient care. Accordingly, and notwithstanding the
44 provisions of any general, special or local law or chapter, a contract
45 for a medical project entered into between the corporation and any
46 project developer pursuant to this section may be awarded pursuant to
47 public bidding in compliance with [sections one hundred one and] section
48 one hundred three of the general municipal law or pursuant to the
49 following provisions for the award of a contract based on evaluation of
50 proposals submitted in response to a request for proposals prepared by
51 or for the corporation:
52 § 26. The opening paragraph of subdivision 8 of section 3603 of the
53 public authorities law, as added by chapter 507 of the laws of 1999, is
54 amended to read as follows:
55 It is the intent of the legislature that overall costs should in all
56 cases by a major criterion in the selection of project developers for
A. 6546 22
1 the award of contracts pursuant to this section and that, wherever prac-
2 tical, such contracts should be entered into through competitive bidding
3 procedures as prescribed by [sections one hundred one and] section one
4 hundred three of the general municipal law. It is further the intent of
5 the legislature to acknowledge the highly complex and innovative nature
6 of medical technology, diagnostic and treatment devices, the relative
7 newness of a variety of devices, processes and procedures now available,
8 the desirability of a single point of responsibility for the development
9 of medical treatment and diagnostic facilities and the economic and
10 technical utility of contracts for medical projects which include in
11 their scope various combinations of design, construction, operation,
12 management and/or maintenance responsibility over prolonged periods of
13 time. In some instances it may be beneficial to the corporation to award
14 a contract for a medical project on the basis of factors other than cost
15 alone, including but not limited to facility design, system reliability,
16 efficiency, safety, and compatibility with other elements of patient
17 care. Accordingly, and notwithstanding the provisions of any general,
18 special or local law, a contract for a medical project entered into
19 between the corporation and any project developer pursuant to this arti-
20 cle may be awarded pursuant to public bidding in compliance with
21 [sections one hundred one and] section one hundred three of the general
22 municipal law or pursuant to the following provisions for the award of a
23 contract based on evaluation of proposals submitted in response to a
24 request for proposals prepared by or for the corporation:
25 § 27. The opening paragraph of subdivision 10 of section 3628 of the
26 public authorities law, as added by chapter 143 of the laws of 2003, is
27 amended to read as follows:
28 It is the intent of the legislature that overall cost shall in all
29 cases be a major criterion in the selection of project developers for
30 award of contracts pursuant to this section and that, whenever practi-
31 cal, such contracts shall be entered into through competitive bidding
32 procedures, as prescribed by [sections one hundred one and] section one
33 hundred three of the general municipal law. It is further the intent of
34 the legislature to acknowledge the highly complex and innovative nature
35 of medical technology and diagnostic and treatment devices, the relative
36 newness of a variety of devices, processes, and procedures now avail-
37 able, the desirability of a single point of responsibility for the
38 development of medical treatment and diagnostic facilities, and the
39 economic and technical utility of contracts for medical projects which
40 include in their scope various combinations of design, construction,
41 operation, management, or maintenance responsibility, or any combination
42 thereof, over prolonged periods of time, and to acknowledge that, in
43 some instances, it may be beneficial to the corporation to award a
44 contract for a medical project on the basis of factors other than cost
45 alone, including, but not limited to, facility design, system reliabil-
46 ity, efficiency, safety, and compatibility with other elements of
47 patient care. Accordingly, and notwithstanding the provisions of any
48 general, special, or local law or charter, a contract for a medical
49 project entered into between the corporation and any project developer
50 pursuant to this section may be awarded pursuant to public bidding in
51 compliance with [sections one hundred one and] section one hundred three
52 of the general municipal law or pursuant to the following provisions for
53 the award of a contract based on an evaluation of proposals submitted in
54 response to a request for proposals prepared by or for the corporation:
55 § 28. This act shall take effect on the one hundred eightieth day
56 after it shall have become a law; provided, however, that the amendments
A. 6546 23
1 to section 1735 of the public authorities law made by section twenty-two
2 of this act shall not affect the repeal of such section and shall be
3 deemed repealed therewith.
4 PART O
5 Section 1. Paragraph (a) of subdivision 2 of section 222 of the labor
6 law, as added by section 18 of part MM of chapter 57 of the laws of
7 2008, is amended to read as follows:
8 (a) Any agency, board, department, commission or officer of the state
9 of New York, or of any political subdivision thereof as defined in
10 section one hundred of the general municipal law, municipal corporation
11 as defined in section sixty-six of the general construction law, public
12 benefit corporation, or local or state authority as defined in section
13 two of the public authorities law having jurisdiction over the public
14 work may not require [a contractor awarded a contract, subcontract,
15 lease, grant, bond, covenant or other agreement for a project to enter
16 into], but may offer as an option, participation in a project labor
17 agreement [during and for the work involved with such project when such
18 requirement is], and shall notify each contractor of the option to
19 include or not include participation in a project labor agreement with
20 its bid, as part of the agency, board, department, commission or officer
21 of the state of New York, political subdivision, municipal corporation,
22 public benefit corporation or local or state authority having jurisdic-
23 tion over the public work request for proposals for the project and when
24 the agency, board, department, commission or officer of the state of New
25 York, political subdivision, municipal corporation, public benefit
26 corporation or local or state authority having jurisdiction over the
27 public work determines that its interest in obtaining the best work at
28 the lowest possible price, preventing favoritism, fraud and corruption,
29 and other considerations such as the impact of delay, the possibility of
30 cost savings advantages, and any local history of labor unrest, are best
31 met by requiring a project labor agreement, but shall in any event award
32 the subcontract, lease, contract, grant, bond, covenant or other agree-
33 ment for a project to the contractor with the low bid regardless of
34 whether a project labor agreement was included in the contractor's bid
35 proposal.
36 § 2. Paragraph (b) of subdivision 2 of section 222 of the labor law is
37 REPEALED.
38 § 3. This act shall take effect immediately.
39 PART P
40 Section 1. Subdivision 3 of section 103 of the general municipal law,
41 as separately amended by section 5 of subpart A of part C of chapter 97
42 and chapter 608 of the laws of 2011, is amended to read as follows:
43 3. Notwithstanding the provisions of subdivision one of this section,
44 any officer, board or agency of a political subdivision or of any
45 district therein authorized to make purchases of materials, equipment or
46 supplies, or to contract for services, may make such purchases, or may
47 contract for services, [other than services subject to article nine of
48 the labor law,] when available, through the county in which the poli-
49 tical subdivision or district is located or through any county within
50 the state subject to the rules established pursuant to subdivision two
51 of section four hundred eight-a of the county law; provided that the
52 political subdivision or district for which such officer, board or agen-
A. 6546 24
1 cy acts shall accept sole responsibility for any payment due the vendor
2 or contractor. All purchases and all contracts for such services shall
3 be subject to audit and inspection by the political subdivision or
4 district for which made. Prior to making such purchases or contracts the
5 officer, board or agency shall consider whether such contracts will
6 result in cost savings after all factors, including charges for service,
7 material, and delivery, have been considered. No officer, board or agen-
8 cy of a political subdivision or of any district therein shall make any
9 purchase or contract for any such services through the county in which
10 the political subdivision or district is located or through any county
11 within the state when bids and offers have been received for such
12 purchase or such services by such officer, board or agency, unless such
13 purchase may be made or the contract for such services may be entered
14 into upon the same terms, conditions and specifications at a lower price
15 through the county.
16 § 2. Subdivision 3 of section 103 of the general municipal law, as
17 amended by chapter 608 of the laws of 2011, is amended to read as
18 follows:
19 3. Notwithstanding the provisions of subdivision one of this section,
20 any officer, board or agency of a political subdivision or of any
21 district therein authorized to make purchases of materials, equipment or
22 supplies, or to contract for services, may make such purchases, or may
23 contract for services, [other than services subject to article eight or
24 nine of the labor law,] when available, through the county in which the
25 political subdivision or district is located or through any county with-
26 in the state subject to the rules established pursuant to subdivision
27 two of section four hundred eight-a of the county law; provided that the
28 political subdivision or district for which such officer, board or agen-
29 cy acts shall accept sole responsibility for any payment due the vendor
30 or contractor. All purchases and all contracts for such services shall
31 be subject to audit and inspection by the political subdivision or
32 district for which made. Prior to making such purchases or contracts the
33 officer, board or agency shall consider whether such contracts will
34 result in cost savings after all factors, including charges for service,
35 material, and delivery, have been considered. No officer, board or agen-
36 cy of a political subdivision or of any district therein shall make any
37 purchase or contract for any such services through the county in which
38 the political subdivision or district is located or through any county
39 within the state when bids and offers have been received for such
40 purchase or such services by such officer, board or agency, unless such
41 purchase may be made or the contract for such services may be entered
42 into upon the same terms, conditions and specifications at a lower price
43 through the county.
44 § 3. This act shall take effect immediately; provided that the amend-
45 ments to subdivision 3 of section 103 of the general municipal law made
46 by section one of this act shall be subject to the expiration and rever-
47 sion of such subdivision when upon such date section two of this act
48 shall take effect.
49 PART Q
50 Section 1. Notwithstanding the provisions of article 47 of the insur-
51 ance law, or any other provision of law to the contrary, a county shall
52 be authorized to enter into a municipal cooperative agreement authorized
53 by article 5-G of the general municipal law, with one or more school
54 districts, towns, or villages, in order to provide health care benefits
A. 6546 25
1 or establish a health care plan for their respective employees. Such
2 county shall be authorized to charge an administrative fee to such
3 school districts, towns, or villages for participation in such agree-
4 ment.
5 § 2. This act shall take effect immediately.
6 PART R
7 Section 1. Subdivision 4 of section 1950 of the education law is
8 amended by adding a new paragraph oo to read as follows:
9 oo. Upon the request of the component school districts and with the
10 approval of the commissioner, to provide collective bargaining, pursuant
11 to article fourteen of the civil service law, on a supervisory
12 district-wide basis with the employee organizations representing the
13 teachers and other employees of the component school districts.
14 § 2. This act shall take effect immediately.
15 PART S
16 Section 1. Section 215-b of the education law, as amended by chapter
17 301 of the laws of 1996, is amended to read as follows:
18 § 215-b. Annual report by commissioner to governor and legislature.
19 The commissioner shall prepare and submit to the governor, the president
20 pro tem of the senate and the speaker of the assembly not later than
21 January first, nineteen hundred ninety-six and by the first day of Janu-
22 ary in each year thereafter, a report detailing the financial and
23 statistical outcomes of boards of cooperative educational services which
24 shall[, at minimum,] set forth with respect to the preceding school
25 year[: tuition costs for selected programs; standard per pupil cost
26 information for selected services as determined by the commissioner; and
27 aggregate expenditure data for the following categories: administration,
28 instructional services, career education, special education, rent and
29 facilities and other services; and such other information as deemed
30 appropriate] information necessary to assure the accountability of
31 boards of cooperative educational services for its fiscal and program-
32 matic resources, as set forth in regulations to be prescribed by the
33 commissioner. The format for such report shall be developed in consulta-
34 tion with school district officials and the director of the budget.
35 Such report will include changes from the year prior to the report year
36 for each such item for all boards of cooperative educational services.
37 Where applicable, such report shall be submitted electronically to the
38 department over the internet through a secure webpage as set forth in
39 regulations to be prescribed by the commissioner. This electronic report
40 shall take the place of filing paper copies of such report except in
41 circumstances where an original signature is required, then original
42 paper copies must be filed. The commissioner shall promulgate all rules
43 and regulations necessary to implement the electronic filing of such
44 report. Such report shall be distributed to all school districts and
45 boards of cooperative educational services and shall be made available
46 to all other interested parties upon request.
47 § 2. Section 305 of the education law is amended by adding two new
48 subdivisions 32 and 32-a to read as follows:
49 32. a. The commissioner shall, to the extent practicable and consist-
50 ent with federal and state law, eliminate or streamline programmatic
51 reporting, planning and application requirements imposed on school
52 districts and boards of cooperative educational services, in order to
A. 6546 26
1 eliminate or minimize the production of reports, applications and plans
2 that contain duplicative information. Where applicable, the commission-
3 er shall require that all such reports, applications and plans shall be
4 submitted electronically to the department over the internet through a
5 secure webpage. These electronic reports, applications and plans shall
6 take the place of filing paper copies of such reports, applications and
7 plans except in circumstances where an original signature is required,
8 then original paper copies must be filed. The commissioner shall
9 promulgate all rules and regulations necessary to implement the elec-
10 tronic filing of such reports, applications and plans. The commissioner
11 shall require all school districts and boards of cooperative educational
12 services to compress all districtwide planning requirements into a
13 single districtwide comprehensive plan, which at a minimum shall include
14 the components prescribed by the commissioner, including but not limited
15 to the districtwide long-range capital facilities plan, and applicable
16 current federal requirements. In the case of the city school district of
17 the city of New York, a districtwide comprehensive plan shall be devel-
18 oped for the city school district, each community school district, and
19 the districts or other administrative divisions responsible for opera-
20 tion of New York city public schools. The commissioner shall also
21 require all school districts and boards of cooperative educational
22 services to compress all building level planning requirements into a
23 single building level comprehensive plan, which at a minimum, shall
24 include the components prescribed by the commissioner and applicable
25 current federal requirements. It shall be the duty of the trustees or
26 board of education of every school district and of the chancellor and
27 each community district educational council in the city school district
28 of the city of New York and of every board of cooperative educational
29 services to assure that all components of the districtwide comprehensive
30 plan and each building level comprehensive plan are as fully integrated
31 and consistent as practicable, and that such plans are continuously
32 reviewed, reflect ongoing analyses of current teaching and learning data
33 and are updated on at least an annual basis. Notwithstanding any other
34 provision of law, rule or regulation to the contrary, any separate plan
35 requirements imposed under this chapter or any rule or regulation shall
36 be deemed to be fulfilled by inclusion of such plan in the comprehensive
37 districtwide or building level plan, provided that all required informa-
38 tion is included in the applicable comprehensive plan.
39 b. The commissioner shall require the trustees or board of education
40 of every school district and the chancellor and each community
41 district-educational council in the city school district of the city of
42 New York and every board of cooperative educational services to make its
43 districtwide comprehensive plan and each building level comprehensive
44 plan available to the public, except where such plans contain informa-
45 tion that is confidential and not subject to disclosure under state or
46 federal law. Notwithstanding any other provision of law, rule or regu-
47 lation to the contrary, any school district or board of cooperative
48 services that makes its comprehensive districtwide and/or building level
49 plans publicly available electronically through posting on its website
50 shall be deemed to have filed such plans with the department as of the
51 date of posting and shall not be required to separately report the
52 information contained in such plans to the department, provided that
53 such district or board of cooperative educational services reports such
54 posting to the department, with the web address at which such plans are
55 available, in the manner prescribed by the department, and provided
56 further that nothing in this subdivision shall preclude the department
A. 6546 27
1 from requiring amendment of a plan or the submission of additional
2 information where it determines that the information in the comprehen-
3 sive plans is not current or complete or otherwise sufficient to meet
4 statutory or regulatory requirements.
5 32-a. Notwithstanding any other law, rule or regulation to the contra-
6 ry, the commissioner shall be authorized and directed to grant waivers
7 pursuant to this subdivision from any annual reporting requirements
8 imposed on school districts under this chapter, in whole or in part,
9 provided such waivers apply to all school districts and do not conflict
10 with federal requirements. Such waivers may be granted upon findings by
11 the commissioner that:
12 a. the purposes of the report can be substantially met through
13 submission of a report on a two-year, three-year or five-year basis, as
14 specified by the commissioner, taking into account other annual data
15 reporting requirements and information made publicly available by the
16 school district on an annual basis; and
17 b. the report or portion of the report being waived does not contain
18 fiscal or other data or information needed for purposes of computing
19 state or federal aid or for purposes of school or school district
20 accountability or for audit purposes.
21 § 3. Paragraph c of subdivision 4 of section 1950 of the education
22 law, as amended by chapter 378 of the laws of 2010, is amended to read
23 as follows:
24 c. Make or cause to be made surveys to determine the need for cooper-
25 ative educational services in the supervisory district and present the
26 findings of their surveys to local school authorities. Each board of
27 cooperative educational services shall prepare long range program plans,
28 including special education and career education program plans, to meet
29 the projected need for such cooperative educational services in the
30 supervisory district for the next five years as may be specified by the
31 commissioner, and shall keep on file and make available for public
32 inspection and review by the commissioner such plans and thereafter
33 annual revisions of such plans on or before the first day of December of
34 each year, provided that such plans [may] shall be incorporated into a
35 board of cooperative educational services district-wide comprehensive
36 plan. Further, where applicable, the commissioner shall require that
37 all such plans shall be submitted electronically to the department over
38 the internet through a secure webpage. This electronic plan shall take
39 the place of filing paper copies of such plan except in circumstances
40 where an original signature is required, then original paper copies must
41 be filed. The commissioner shall promulgate all rules and regulations
42 necessary to implement the electronic filing of such plan.
43 § 4. Paragraph b of subdivision 8 of section 3602 of the education
44 law, as amended by chapter 378 of the laws of 2010, is amended to read
45 as follows:
46 b. District plans of service. Any school district receiving an addi-
47 tional apportionment pursuant to subdivision ten of this section for
48 pupils in career education programs or a payment in lieu of such appor-
49 tionment or having a public excess cost aid setaside pursuant to subdi-
50 vision four of this section shall keep on file and make available for
51 public inspection and review by the commissioner and incorporate into
52 its districtwide comprehensive plan an acceptable plan of service
53 describing the student outcomes expected from implementation of the
54 proposed plan, provided that such plan may be incorporated into a school
55 district's district-wide comprehensive plan. The plan of service of a
56 school district receiving an additional apportionment pursuant to this
A. 6546 28
1 section for pupils with disabilities shall also describe how such
2 district intends to ensure that all instructional materials to be used
3 in the schools of such district will be made available in a usable
4 alternative format for each student with a disability and for each
5 student who is a qualified individual with a disability, at the same
6 time as such instructional materials are available to non-disabled
7 students, provided that such plan may incorporate by reference the
8 alternative format plans developed pursuant to subdivision twenty-nine-a
9 of section sixteen hundred four, subdivision four-a of section seventeen
10 hundred nine, subdivision seven-a of section twenty-five hundred three
11 or subdivision seven-a of section twenty-five hundred fifty-four of this
12 chapter. Such plans shall be in a form prescribed by the commissioner,
13 and except as heretofore provided, shall have the content prescribed by
14 the commissioner. Where applicable, the commissioner shall require that
15 all such plans shall be submitted electronically to the department over
16 the internet through a secure webpage. This electronic plan shall take
17 the place of filing paper copies of such plan except in circumstances
18 where an original signature is required, then original paper copies must
19 be filed. The commissioner shall promulgate all rules and regulations
20 necessary to implement the electronic filing of such plan. The commis-
21 sioner may, from time to time, require amendments of such plans as
22 deemed to be necessary and appropriate to further the educational
23 welfare of the pupils involved.
24 § 5. Within one year of the effective date of this act, the commis-
25 sioner of education shall issue a report to the governor and the legis-
26 lature detailing the reporting requirements that have been eliminated
27 under this act. Such report shall include specific statutory require-
28 ments, reports, and regulatory requirements that have been eliminated or
29 rendered null and void as a result of the provisions of this act. Where
30 applicable, the commissioner of education shall require that such report
31 shall be submitted electronically to the state education department over
32 the internet through a secure webpage. This electronic report shall take
33 the place of filing paper copies of such report except in circumstances
34 where an original signature is required, then original paper copies must
35 be filed. The commissioner of education shall promulgate all rules and
36 regulations necessary to implement the electronic filing of such report.
37 § 6. This act shall take effect immediately.
38 PART T
39 Section 1. Section 305 of the education law is amended by adding a new
40 subdivision 43 to read as follows:
41 43. The commissioner shall implement regulations directing school
42 districts to evaluate students who have individualized education
43 programs and who also require academic intervention services, to deter-
44 mine which services, if any, are being repeated by both the program and
45 the services. The commissioner shall provide that if a school district
46 determines that an individualized education program and the academic
47 intervention services require the same task or service, the school
48 district shall not be required to implement such task or provide such
49 service more than once to the student.
50 § 2. Subdivision 2 of section 3004-b of the education law, as added by
51 chapter 180 of the laws of 2000, is amended to read as follows:
52 2. Fees. Notwithstanding any [other] provision of law to the contrary,
53 the commissioner is authorized to charge additional fees to applicants
54 for teaching or administrative licenses or certificates in an amount
A. 6546 29
1 equal to the fees established pursuant to law by the division of crimi-
2 nal justice services and the federal bureau of investigation for the
3 searches mandated by this section. Fees payable pursuant to this section
4 shall be paid in accordance with regulations as promulgated by the
5 commissioner, and payment of such fees shall not be subject to the
6 provisions of any collective bargaining agreement.
7 § 3. Section 3004 of the education law is amended by adding a new
8 subdivision 7 to read as follows:
9 7. Professional development plans required to be adopted by school
10 districts and boards of cooperative educational services, and in the
11 city of New York each community school district, high school division,
12 special education division and the chancellor's district, shall be
13 adopted every three years and shall be reviewed annually and amended as
14 needed. The commissioner shall require certification, every three years,
15 in a form as prescribed by the commissioner, that:
16 a. a professional development plan is in place for the succeeding
17 school year; and
18 b. the requirements of the professional development plan applicable to
19 the current school year have been complied with.
20 § 4. Subdivision 6 of section 3033 of the education law, as amended by
21 chapter 886 of the laws of 1986, is amended to read as follows:
22 6. Each board of education and board of cooperative educational
23 services which participates in the program shall file a report with the
24 commissioner on or before August first [of each] every third school year
25 concerning compliance with the requirements of the program during each
26 of the preceding three school [year] years. Such report shall be in
27 such form and in such manner as the commissioner may require. [The
28 commissioner shall evaluate such programs and file a report with the
29 legislature on or before December first, nineteen hundred eighty-seven.]
30 § 5. Subdivision 1 of section 409-d of the education law, as added by
31 section 1 of part B of chapter 56 of the laws of 1998, is amended to
32 read as follows:
33 1. Program establishment. The commissioner is authorized and directed
34 to establish, develop and monitor a comprehensive public school building
35 safety program which shall include a uniform inspection, safety rating
36 and monitoring system. Such program shall require once every three years
37 the [annual] inspection of all public school buildings throughout New
38 York state; establish a safety rating system for such school buildings
39 to assess the need for maintenance, repairs, rehabilitation, recon-
40 struction, construction and other improvements related to the structural
41 integrity and overall safety of public school buildings including but
42 not limited to building systems related to electrical, plumbing, heat-
43 ing, ventilation, and air conditioning, sanitation and health, fire and
44 accident protection; and require that such ratings be used for the
45 purpose of developing a buildings condition survey as required pursuant
46 to subdivision four of section thirty-six hundred forty-one of this
47 chapter and a five year facilities plan as required pursuant to clause
48 (i) of subparagraph two of paragraph b of subdivision six of section
49 thirty-six hundred two of this chapter.
50 § 6. Subdivision 3 of section 409-e of the education law, as added by
51 section 1 of part B of chapter 56 of the laws of 1998, is amended to
52 read as follows:
53 3. Safety rating system. The commissioner shall develop pursuant to
54 regulations a safety rating system to be used by all school districts
55 and boards of cooperative educational services keyed to the structural
56 integrity and overall safety of the building and shall be developed
A. 6546 30
1 using data obtained from the building's [annual] inspection as required
2 by this article. Such safety rating system shall identify and assess the
3 condition of every major system component of every school building
4 including interior structures; building systems such as heating, venti-
5 lation, plumbing and electrical systems; exterior structures including
6 but not limited to roofs, masonry, stairs, and chimneys; and develop a
7 system which rates each building component based on at least the follow-
8 ing factors: overall safety; structural integrity; probable useful life;
9 need for repair or replacement; and maintenance. Such safety rating
10 shall include mechanisms which facilitate more frequent inspections and
11 repairs as determined necessary to protect the welfare and safety of
12 students and staff residing in such school buildings. This information
13 shall be used for purposes of developing a buildings condition survey as
14 required pursuant to section thirty-six hundred forty-one of this chap-
15 ter [and a five year facilities plan as required pursuant to clause (i)
16 of subparagraph two of paragraph (b) of subdivision six of section thir-
17 ty-six hundred two of this chapter].
18 § 7. Paragraph b of subdivision 4 of section 3641 of the education
19 law, as amended by section 27 of part A1 of chapter 58 of the laws of
20 2006, is amended to read as follows:
21 b. Building condition surveys. To be eligible for aid pursuant to
22 subdivision six-e of section thirty-six hundred two of this article,
23 building condition surveys shall be conducted by a licensed architect or
24 licensed professional engineer performing under a state contract entered
25 into pursuant to paragraph c of this subdivision and paid for by the
26 department, shall assess the condition of all major building systems of
27 a school building, and shall be in the form and contain the information
28 prescribed by the commissioner. Such building condition surveys shall be
29 conducted once every six years. For purposes of this paragraph, "major
30 building systems" shall mean the electrical, plumbing, heating, venti-
31 lation and air conditioning systems, and the roof and other major struc-
32 tural elements of a school building.
33 § 8. This act shall take effect immediately provided, however, that
34 sections five, six and seven of this act shall take effect on the first
35 of July next succeeding the date on which it shall have become a law.
36 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
37 sion, section or part of this act shall be adjudged by any court of
38 competent jurisdiction to be invalid, such judgment shall not affect,
39 impair, or invalidate the remainder thereof, but shall be confined in
40 its operation to the clause, sentence, paragraph, subdivision, section
41 or part thereof directly involved in the controversy in which such judg-
42 ment shall have been rendered. It is hereby declared to be the intent of
43 the legislature that this act would have been enacted even if such
44 invalid provisions had not been included herein.
45 § 4. This act shall take effect immediately provided, however, that
46 the applicable effective date of Parts A through T of this act shall be
47 as specifically set forth in the last section of such Parts.
