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STATE OF NEW YORK ________________________________________________________________________ 1742 2019-2020 Regular Sessions IN SENATE January 16, 2019 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to apportionment for certain school districts for lower allowable transportation expenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 3602 of the education law is 2 amended by adding a new paragraph f to read as follows: 3 f. In addition to any other apportionment under this subdivision, for 4 the two thousand twenty-one--two thousand twenty-two school year and 5 thereafter, a school district other than a city school district in a 6 city having a population of one million or more inhabitants shall be 7 eligible for an incentive apportionment where such district can demon- 8 strate to the commissioner cost savings and efficiencies that results in 9 a lower allowable transportation expense for the base year compared to 10 the year prior to the base year; provided, however, that such school 11 district meets the requirements set forth in subparagraph three of this 12 paragraph. 13 (1) The amount of such incentive apportionment under this paragraph 14 shall be equal to the product of: 15 (i) the positive difference in such district's allowable transporta- 16 tion expense for the year prior to the base year minus such district's 17 allowable transportation expense for the base year; and 18 (ii) ten percent. 19 (2) The commissioner shall be authorized to approve a claim for an 20 incentive apportionment under this paragraph provided a school district 21 claiming an incentive apportionment shall have implemented an approved 22 transportation efficiency plan and documented such cost savings and 23 efficiencies in accordance with guidelines established by the commis- 24 sioner. If the total statewide incentive apportionment claimed under 25 this paragraph exceeds three million dollars ($3,000,000), individual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04746-01-9S. 1742 2 1 school district incentive apportionments shall be prorated to ensure 2 that the total statewide incentive apportionment does not exceed three 3 million dollars ($3,000,000), provided that such prorated apportionment 4 computed and payable as of September one of the school year immediately 5 following the school year for which such aid is claimed shall be deemed 6 final and not subject to change. 7 (3) To be eligible for the incentive apportionment under this para- 8 graph: 9 (i) such district must be an independent school district that is 10 subject to the provisions of section two thousand twenty-three-a of this 11 chapter and that has adopted a budget that does not exceed the tax levy 12 limit prescribed by that section. The school district must certify its 13 compliance with such tax levy limit in the manner prescribed by subdivi- 14 sion two of section two thousand twenty-three-b of this chapter; 15 (ii) such district must be a dependent school district that is subject 16 to the provisions of section three-c of the general municipal law and 17 that has adopted a budget that does not exceed the tax levy limit 18 prescribed by that section. The city must certify its compliance with 19 such tax levy limit in the manner prescribed by subdivision two of 20 section three-d of the general municipal law; and 21 (iii) such district must have a transportation efficiency plan 22 approved by the commissioner. 23 § 2. This act shall take effect immediately.