S06406 Summary:

BILL NOS06406C
 
SAME ASSAME AS UNI. A09006-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2016-2017 state fiscal year; amends the education law, in relation to contracts for excellence and the apportionment of public moneys; amends the education law, in relation to the gap elimination adjustment; amends the education law, in relation to the apportionment of public moneys in school districts employing eight or more teachers including foundation aid; amends the education law, in relation to community school aid; amends the education law, in relation to English language learner pupils; relates to pre-kindergarten programs; amends the education law, in relation to charter school facilities aid; amends the education law, in relation to the statewide universal full-day pre-kindergarten program; amends the education law, in relation to building aid; amends chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; amends chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; amends chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; amends the state finance law, in relation to the New York state teen health education fund; amends chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effectiveness thereof; amends chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; amends chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; amends chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; amends chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to suballocations of appropriations; relates to the development, maintenance or expansion of magnet schools; relates to the support of public libraries; amends chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to certain apportionments; to amend the education law, in relation to aid for employment preparation education programs; directs the commissioner of education to examine the reduced price lunch program; amends the education law, in relation to extending the apportionment of public moneys to school districts employing eight or more teachers; directs the commissioner of education on how to recover certain penalties (Part A); amends the education law, in relation to school emergency response plans (Part B); intentionally omitted (Part C); amends the education law, in relation to the NY-SUNY 2020 challenge grant program act; amends chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY 2020 challenge grant program, in relation to the effectiveness thereof (Part D); amends the state finance law, in relation to the creation of the SUNY Stony Brook Affiliation escrow fund (Part E); intentionally omitted (Part F); amends chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, in relation to the effectiveness thereof; amends part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, in relation to the effectiveness thereof; amends chapter 31 of the laws of 1985 amending the education law relating to regents scholarships in certain professions, in relation to the effectiveness thereof; amends the education law, in relation to forgiving loans upon the death of the recipient (Part G); intentionally omitted (Part H); intentionally omitted (Part I); intentionally omitted (Part J); amends the labor law, in relation to the rate of minimum wage; repeals certain provisions of such law relating thereto (Part K); intentionally omitted (Part L); amends the family court act, in relation to findings that must be made at permanency hearings; amends the social services law, in relation to guardianship expenses, the reasonable and prudent parent standard and the criminal history of prospective foster and adoptive parents (Part M); intentionally omitted (Part N); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part O); utilizes reserves in the mortgage insurance fund for various housing purposes (Part P); amends part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effectiveness thereof (Part Q); amends the education law, in relation to income for the purposes of student financial aid (Part R); amends part K of chapter 58 of the laws of 2010 amending the social services law relating to establishing the savings plan demonstration project, in relation to extending the period of effectiveness thereof (Part S); amends the education law, in relation to associate of occupational studies degree options (Part T); amends the education law, in relation to the foster youth college success initiative (Part U); amends the education law, in relation to tuition, aid and placement report for all non-public institutions of higher education (Part V); amends the social services law, in relation to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator; provides for the repeal of such provisions upon expiration thereof (Part W); amends the social services law, in relation to exempting certain automobiles from calculations of benefits of households under public assistance programs (Part X); amends the social services law, in relation to requiring an explicit written determination by the health care practitioner when the diagnoses differ from an applicant's treating health care practitioner (Part Y); amends the retirement and social security law, in relation to authorizing the state as an amortizing employer to make certain prepayments into the retirement system (Part Z); amends chapter 495 of the laws of 2004 amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part AA); amends the insurance law, in relation to reduction in rates of property/casualty insurance on residential property for insureds who complete an approved homeowner natural disaster preparedness, home safety and loss prevention course (Part BB); amends the banking law, in relation to utilization of the standard financial aid award letter for undergraduate financial aid applicants (Part CC); amends the education law, in relation to chargeback rates for students of the state university of New York and the city university of New York (Part DD); amends part U of chapter 55 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens, in relation to extending the effectiveness thereof and limiting state liability for reimbursement to the city of New York pursuant thereto; amends section 4 of chapter 129 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabilities, in relation to extending the effectiveness thereof (Part EE); authorizes the town of Riverhead, county of Suffolk to refund bonds previously issued for the acquisition of land for permanent rights on land (Part FF); amends the volunteer firefighters' benefit law, in relation to increasing the amount of permanent total disability benefits (Part GG); amends the transportation law, in relation to airport improvement and revitalization grants and loans (Part HH); amends part C of chapter 58 of the laws of 2005 authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof, in relation to authorizing the commissioner of health to establish a statewide Medicaid integrity and efficiency initiative; provides for the repeal of such provisions upon expiration thereof (Part II); amends part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund Medicaid expenditures, in relation to minimum wage increases (Part JJ); amends the administrative code of the city of New York, in relation to police department reporting requirements (Part KK); amends the state finance law, in relation to establishing the Health Republic Insurance of New York fund (Part LL); amends the executive law, in relation to transferring certain functions to the division of state police from the division of homeland security and emergency services (Part MM); amends the public authorities law, in relation to committing the state of New York and the city of New York to partially fund part of the costs of the Metropolitan Transportation Authority's capital program (Part NN); amends the public authorities law, in relation to procurements by the New York City transit authority and the metropolitan transportation authority; provides for the repeal of such provisions upon expiration thereof (Part OO); amends the public authorities law and the general municipal law, in relation to the New York transit authority and the metropolitan transportation authority;
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S06406 Actions:

BILL NOS06406C
 
01/14/2016REFERRED TO FINANCE
02/16/2016AMEND (T) AND RECOMMIT TO FINANCE
02/16/2016PRINT NUMBER 6406A
03/12/2016AMEND (T) AND RECOMMIT TO FINANCE
03/12/2016PRINT NUMBER 6406B
03/31/2016AMEND (T) AND RECOMMIT TO FINANCE
03/31/2016PRINT NUMBER 6406C
03/31/2016ORDERED TO THIRD READING CAL.522
03/31/2016MESSAGE OF NECESSITY - 3 DAY MESSAGE
03/31/2016PASSED SENATE
03/31/2016DELIVERED TO ASSEMBLY
04/01/2016referred to ways and means
04/01/2016substituted for a9006c
04/01/2016ordered to third reading rules cal.30
04/01/2016motion to postpone lost
04/01/2016message of necessity - 3 day message
04/01/2016passed assembly
04/01/2016returned to senate
04/01/2016DELIVERED TO GOVERNOR
04/04/2016SIGNED CHAP.54
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S06406 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6406--C                                            A. 9006--C
 
                SENATE - ASSEMBLY
 
                                    January 14, 2016
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence and the apportionment of public moneys; to amend  the  education
          law,  in  relation  to  the  gap  elimination adjustment; to amend the
          education law, in relation to the apportionment of  public  moneys  in
          school districts employing eight or more teachers including foundation
          aid;  to amend the education law, in relation to community school aid;
          to amend the education law, in relation to  English  language  learner
          pupils;  relates  to pre-kindergarten programs; to amend the education
          law, in relation to charter school facilities aid; to amend the educa-
          tion law, in relation to the statewide universal full-day  pre-kinder-
          garten  program;  to  amend the education law, in relation to building
          aid; to amend chapter 552 of the laws of 1995, amending the  education
          law  relating  to contracts for the transportation of school children,
          in relation to the effectiveness thereof; to amend chapter 756 of  the
          laws  of  1992, relating to funding a program for work force education
          conducted by the consortium for worker education in New York city,  in
          relation  to  reimbursements  for  the 2015-2016 school year; to amend
          chapter 756 of the laws of 1992, relating to  funding  a  program  for
          work  force education conducted by the consortium for worker education
          in New York city, in relation to withholding a portion  of  employment
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-05-6

        S. 6406--C                          2                         A. 9006--C
 
          preparation  education aid and in relation to the effectiveness there-
          of; to amend the state finance law, in relation to the New York  state
          teen  health education fund; to amend chapter 169 of the laws of 1994,
          relating  to  certain  provisions  related  to the 1994-95 state oper-
          ations, aid to localities, capital projects and debt service  budgets,
          in  relation  to the effectiveness thereof; to amend chapter 82 of the
          laws of 1995, amending the education law and other  laws  relating  to
          state  aid  to school districts and the appropriation of funds for the
          support of government, in relation to the  effectiveness  thereof;  to
          amend  chapter  147  of  the  laws of 2001, amending the education law
          relating to conditional appointment of school district, charter school
          or BOCES employees, in relation to the effectiveness thereof; to amend
          chapter 425 of the laws of 2002, amending the education  law  relating
          to the provision of supplemental educational services, attendance at a
          safe public school and the suspension of pupils who bring a firearm to
          or  possess  a  firearm  at a school, in relation to the effectiveness
          thereof; to amend chapter 101 of the laws of 2003, amending the educa-
          tion law relating to implementation of the No Child Left Behind Act of
          2001, in relation to the effectiveness thereof; relates to school  bus
          driver  training; relates to special apportionment for salary expenses
          and public pension accruals; relates to  suballocations  of  appropri-
          ations; relates to the development, maintenance or expansion of magnet
          schools;  relates to the support of public libraries; to amend chapter
          121 of the laws of 1996 relating to authorizing  the  Roosevelt  union
          free  school  district  to  finance deficits by the issuance of serial
          bonds, in relation to certain apportionments; to amend  the  education
          law, in relation to aid for employment preparation education programs;
          to  direct  the commissioner of education to examine the reduced price
          lunch program; to amend the education law, in  relation  to  extending
          the apportionment of public moneys to school districts employing eight
          or  more  teachers; and to direct the commissioner of education on how
          to recover certain penalties (Part A); to amend the education law,  in
          relation  to  school  emergency response plans (Part B); intentionally
          omitted (Part C); to amend the  education  law,  in  relation  to  the
          NY-SUNY  2020 challenge grant program act; and to amend chapter 260 of
          the laws of 2011, amending the education law and the  New  York  state
          urban  development corporation act relating to establishing components
          of the NY 2020 challenge grant program, in relation to the  effective-
          ness  thereof (Part D); to amend the state finance law, in relation to
          the creation of the SUNY Stony Brook Affiliation escrow fund (Part E);
          intentionally omitted (Part F); to amend chapter 161 of  the  laws  of
          2005  amending  the  education  law  relating  to  the  New York state
          licensed social worker loan forgiveness program, in  relation  to  the
          effectiveness  thereof;  to  amend part V of chapter 57 of the laws of
          2005 amending the education law relating to the New York state nursing
          faculty loan forgiveness incentive program  and  the  New  York  state
          nursing  faculty scholarship program, in relation to the effectiveness
          thereof; to amend chapter 31 of the laws of 1985 amending  the  educa-
          tion  law  relating to regents scholarships in certain professions, in
          relation to the effectiveness thereof; and to amend the education law,
          in relation to forgiving loans upon the death of the  recipient  (Part
          G);  intentionally  omitted  (Part H); intentionally omitted (Part I);
          intentionally omitted (Part J); to amend the labor law, in relation to
          the rate of minimum wage; and to repeal certain provisions of such law
          relating thereto (Part K); intentionally omitted (Part  L);  to  amend
          the  family  court  act,  in relation to findings that must be made at

        S. 6406--C                          3                         A. 9006--C
 
          permanency hearings, and to amend the social services law, in relation
          to guardianship expenses, the reasonable and prudent  parent  standard
          and  the  criminal  history of prospective foster and adoptive parents
          (Part M); intentionally omitted (Part N); to amend the social services
          law, in relation to increasing the standards of monthly need for aged,
          blind  and  disabled  persons  living  in  the  community (Part O); to
          utilize reserves in the mortgage insurance fund  for  various  housing
          purposes  (Part  P); to amend part D of chapter 58 of the laws of 2011
          amending the education law relating to capital facilities  in  support
          of  the  state  university and community colleges, procurement and the
          state university health care facilities, in relation to the effective-
          ness thereof (Part Q); to amend the  education  law,  in  relation  to
          income  for  the  purposes of student financial aid (Part R); to amend
          part K of chapter 58 of the laws of 2010 amending the social  services
          law  relating  to establishing the savings plan demonstration project,
          in relation to extending the period of effectiveness thereof (Part S);
          to amend the education law, in relation to associate  of  occupational
          studies  degree  options  (Part  T);  to  amend  the education law, in
          relation to the foster youth college success initiative (Part  U);  to
          amend  the  education  law,  in relation to tuition, aid and placement
          report for all non-public institutions of higher education  (Part  V);
          to amend the social services law, in relation to the powers and duties
          of  the commissioner of social services relating to the appointment of
          a temporary operator; and providing for the repeal of such  provisions
          upon expiration thereof (Part W); to amend the social services law, in
          relation  to  exempting certain automobiles from calculations of bene-
          fits of households under public assistance programs (Part X); to amend
          the social services law, in relation to requiring an explicit  written
          determination  by  the  health  care  practitioner  when the diagnoses
          differ from an applicant's treating health care practitioner (Part Y);
          to amend the retirement  and  social  security  law,  in  relation  to
          authorizing  the  state  as  an  amortizing  employer  to make certain
          prepayments into the retirement system (Part Z); to amend chapter  495
          of  the  laws of 2004 amending the insurance law and the public health
          law relating to the  New  York  state  health  insurance  continuation
          assistance  demonstration  project,  in  relation to the effectiveness
          thereof (Part  AA);  to  amend  the  insurance  law,  in  relation  to
          reduction in rates of property/casualty insurance on residential prop-
          erty  for insureds who complete an approved homeowner natural disaster
          preparedness, home safety and loss prevention  course  (Part  BB);  to
          amend  the  banking  law,  in  relation to utilization of the standard
          financial aid award letter for undergraduate financial aid  applicants
          (Part CC); to amend the education law, in relation to chargeback rates
          for  students of the state university of New York and the city univer-
          sity of New York (Part DD); to amend part U of chapter 55 of the  laws
          of 2014, amending the real property tax law relating to the tax abate-
          ment  and  exemption  for  rent regulated and rent controlled property
          occupied by senior citizens, in relation to extending  the  effective-
          ness  thereof  and  limiting  state liability for reimbursement to the
          city of New York pursuant thereto; and to amend section 4  of  chapter
          129  of  the laws of 2014, amending the real property tax law relating
          to the tax  abatement  and  exemption  for  rent  regulated  and  rent
          controlled property occupied by persons with disabilities, in relation
          to extending the effectiveness thereof (Part EE); authorizing the town
          of  Riverhead, county of Suffolk to refund bonds previously issued for
          the acquisition of land for permanent rights on  land  (Part  FF);  to

        S. 6406--C                          4                         A. 9006--C
 
          amend the volunteer firefighters' benefit law, in relation to increas-
          ing  the  amount  of permanent total disability benefits (Part GG); to
          amend the transportation law, in relation to airport  improvement  and
          revitalization  grants and loans (Part HH); to amend part C of chapter
          58 of the laws of 2005  authorizing  reimbursements  for  expenditures
          made  by or on behalf of social services districts for medical assist-
          ance for needy persons and  administration  thereof,  in  relation  to
          authorizing  the commissioner of health to establish a statewide Medi-
          caid integrity and efficiency initiative; and providing for the repeal
          of such provisions upon expiration thereof (Part II); to amend part  H
          of  chapter 59 of the laws of 2011, amending the public health law and
          other laws relating to known and projected department of health  state
          fund  Medicaid  expenditures,  in  relation  to minimum wage increases
          (Part JJ); to amend the administrative code of the city of  New  York,
          in  relation to police department reporting requirements (Part KK); to
          amend the state finance law, in relation to  establishing  the  Health
          Republic  Insurance of New York fund (Part LL); to amend the executive
          law, in relation to transferring certain functions to the division  of
          state  police  from  the  division  of homeland security and emergency
          services (Part MM); to amend public authorities law,  in  relation  to
          committing the state of New York and the city of New York to partially
          fund  part of the costs of the Metropolitan Transportation Authority's
          capital program (Part NN); to amend the  public  authorities  law,  in
          relation  to  procurements  by the New York City transit authority and
          the metropolitan  transportation  authority;  and  providing  for  the
          repeal  of such provisions upon expiration thereof (Part OO); to amend
          the public authorities law and the general municipal law, in  relation
          to  the New York transit authority and the metropolitan transportation
          authority; and providing for the repeal  of  certain  provisions  upon
          expiration thereof (Part PP); to amend chapter 60 of the laws of 2011,
          amending the New York state urban development corporation act relating
          to  the  new  markets tax credits, in relation to extending the effec-
          tiveness thereof (Part QQ); to amend the public  authorities  law,  in
          relation  to  establishing  the New York state design and construction
          corporation act; and providing for the repeal of such provisions  upon
          expiration  thereof  (Part RR); to amend the workers' compensation law
          and the insurance law, in relation  to  providing  paid  family  leave
          benefits  (Part  SS);  to  amend the public authorities law, the canal
          law, the state finance law, the public officers law,  the  transporta-
          tion  law, and the parks, recreation and historic preservation law, in
          relation to eliminating the canal corporation; and to  repeal  certain
          provisions  of  the public authorities law and the public officers law
          relating thereto (Part TT); and to provide for the  administration  of
          certain  funds and accounts related to the 2016-17 budget, authorizing
          certain payments and transfers; to amend the  state  finance  law,  in
          relation  to  the rainy day reserve fund, the dedicated infrastructure
          investment fund infrastructure investment account, and the school  tax
          relief  fund; to amend the state finance law, in relation to payments,
          transfers and deposits; to amend the state finance law, in relation to
          the period for which appropriations can be made; to  amend  the  state
          finance  law,  in relation to certain reports; to amend chapter 453 of
          the laws of 2015 amending the state finance law relating to tax check-
          off fund, in relation to source of monies; to amend the New York state
          urban development corporation act,  in  relation  to  funding  project
          costs  for  certain capital projects; to amend chapter 389 of the laws
          of 1997, relating to the  financing  of  the  correctional  facilities

        S. 6406--C                          5                         A. 9006--C
 
          improvement  fund and the youth facility improvement fund, in relation
          to the issuance of bonds; to amend the private housing finance law, in
          relation to housing program bonds and notes; to amend chapter  329  of
          the laws of 1991, amending the state finance law and other laws relat-
          ing  to  the  establishment  of the dedicated highway and bridge trust
          fund, in relation to the  issuance  of  bonds;  to  amend  the  public
          authorities  law,  in  relation to the issuance of bonds; to amend the
          public authorities law, in relation to  the  dormitory  authority;  to
          amend  chapter  61  of  the laws of 2005 relating to providing for the
          administration of certain funds and accounts related to the  2005-2006
          budget,  in  relation  to  issuance  of bonds by the urban development
          corporation; to amend the New York state urban development corporation
          act, in relation to the issuance of bonds; to amend the public author-
          ities law, in  relation  to  the  state  environmental  infrastructure
          projects;  to  amend  the New York state urban development corporation
          act, in relation to authorizing the urban development  corporation  to
          issue  bonds to fund project costs for the implementation of a NY-CUNY
          challenge grant program; to amend chapter 81  of  the  laws  of  2002,
          relating  to  providing  for  the  administration of certain funds and
          accounts related to the 2002-2003 budget, in  relation  to  increasing
          the aggregate amount of bonds to be issued by the New York state urban
          development  corporation;  to  amend  the  public  authorities law, in
          relation to financing  of  peace  bridge  and  transportation  capital
          projects; to amend the public authorities law, in relation to dormito-
          ries  at  certain  educational  institutions other than state operated
          institutions and statutory or contract colleges under the jurisdiction
          of the state university of New York;  to  amend  the  New  York  state
          medical  care  facilities finance agency act, in relation to bonds and
          mental health facilities improvement notes; to amend chapter 63 of the
          laws of 2005, relating to the composition and responsibilities of  the
          New  York  state  higher  education  capital  matching grant board, in
          relation to increasing  the  amount  of  authorized  matching  capital
          grants; to direct the distribution of local sales tax revenue from the
          city  of New York; to amend the public authorities law, in relation to
          cultural education facilities; to amend chapter 35 of the laws of 1979
          relating to appropriating funds to the New York state  urban  develop-
          ment  corporation,  in  relation  to making technical corrections; and
          providing for the repeal of certain provisions upon expiration thereof
          (Part UU)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2016-2017
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through UU. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the
    10  Part  in  which  it  is  found. Section three of this act sets forth the
    11  general effective date of this act.

        S. 6406--C                          6                         A. 9006--C
 
     1                                   PART A
 
     2    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     3  tion law, as amended by section 1 of part A of chapter 56 of the laws of
     4  2015, is amended to read as follows:
     5    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
     6  district that submitted a contract for excellence for the  two  thousand
     7  eight--two  thousand nine school year shall submit a contract for excel-
     8  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
     9  conformity  with the requirements of subparagraph (vi) of paragraph a of
    10  subdivision two of this section unless all schools in the  district  are
    11  identified  as  in  good  standing  and  provided further that, a school
    12  district that submitted a contract for excellence for the  two  thousand
    13  nine--two  thousand  ten school year, unless all schools in the district
    14  are identified as in good standing, shall submit a contract  for  excel-
    15  lence for the two thousand eleven--two thousand twelve school year which
    16  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    17  graph a of subdivision two of this section, provide for the  expenditure
    18  of  an  amount  which  shall  be not less than the product of the amount
    19  approved by the commissioner in the contract for excellence for the  two
    20  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    21  district's gap elimination adjustment percentage  and  provided  further
    22  that, a school district that submitted a contract for excellence for the
    23  two thousand eleven--two thousand twelve school year, unless all schools
    24  in  the  district  are  identified  as  in good standing, shall submit a
    25  contract for excellence for the two thousand twelve--two thousand  thir-
    26  teen  school  year  which  shall,  notwithstanding  the  requirements of
    27  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    28  provide  for  the  expenditure of an amount which shall be not less than
    29  the amount approved by the commissioner in the contract  for  excellence
    30  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
    31  provided further that, a school district that submitted a  contract  for
    32  excellence  for  the  two  thousand twelve--two thousand thirteen school
    33  year, unless all schools in the  district  are  identified  as  in  good
    34  standing,  shall  submit  a contract for excellence for the two thousand
    35  thirteen--two thousand fourteen school year which shall, notwithstanding
    36  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    37  of this section, provide for the expenditure of an amount which shall be
    38  not  less  than  the amount approved by the commissioner in the contract
    39  for excellence for the two thousand twelve--two thousand thirteen school
    40  year and provided further that,  a  school  district  that  submitted  a
    41  contract  for  excellence  for  the  two thousand thirteen--two thousand
    42  fourteen school year, unless all schools in the district are  identified
    43  as  in good standing, shall submit a contract for excellence for the two
    44  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    45  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    46  subdivision two of this section,  provide  for  the  expenditure  of  an
    47  amount  which  shall be not less than the amount approved by the commis-
    48  sioner in the contract for excellence for the two thousand thirteen--two
    49  thousand fourteen school year;  and  provided  further  that,  a  school
    50  district  that  submitted a contract for excellence for the two thousand
    51  fourteen--two thousand fifteen school year, unless all  schools  in  the
    52  district are identified as in good standing, shall submit a contract for
    53  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    54  year which shall, notwithstanding the requirements of subparagraph  (vi)
    55  of  paragraph  a  of  subdivision  two  of this section, provide for the

        S. 6406--C                          7                         A. 9006--C
 
     1  expenditure of an amount  which  shall  be  not  less  than  the  amount
     2  approved  by the commissioner in the contract for excellence for the two
     3  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
     4  further  that a school district that submitted a contract for excellence
     5  for the two thousand fifteen--two thousand sixteen school  year,  unless
     6  all  schools  in  the district are identified as in good standing, shall
     7  submit a contract for excellence for the two thousand sixteen--two thou-
     8  sand seventeen school year which shall, notwithstanding the requirements
     9  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    10  provide  for  the  expenditure of an amount which shall be not less than
    11  the amount approved by the commissioner in the contract  for  excellence
    12  for  the  two  thousand  fifteen--two  thousand sixteen school year. For
    13  purposes of this paragraph, the "gap elimination adjustment  percentage"
    14  shall  be  calculated as the sum of one minus the quotient of the sum of
    15  the school district's net gap elimination adjustment  for  two  thousand
    16  ten--two thousand eleven computed pursuant to chapter fifty-three of the
    17  laws  of  two  thousand  ten,  making  appropriations for the support of
    18  government, plus the school district's gap  elimination  adjustment  for
    19  two thousand eleven--two thousand twelve as computed pursuant to chapter
    20  fifty-three  of  the  laws of two thousand eleven, making appropriations
    21  for the support of the local assistance budget,  including  support  for
    22  general support for public schools, divided by the total aid for adjust-
    23  ment  computed  pursuant to chapter fifty-three of the laws of two thou-
    24  sand eleven, making appropriations  for  the  local  assistance  budget,
    25  including  support  for  general  support  for public schools. Provided,
    26  further, that such amount shall be  expended  to  support  and  maintain
    27  allowable programs and activities approved in the two thousand nine--two
    28  thousand  ten  school  year  or  to  support  new  or expanded allowable
    29  programs and activities in the current year.
    30    § 2. The closing paragraph of subdivision 5-a of section 3602  of  the
    31  education  law,  as  amended by section 2 of part A of chapter 56 of the
    32  laws of 2015, is amended to read as follows:
    33    For the two thousand eight--two thousand nine school year, each school
    34  district shall be entitled to an apportionment equal to the  product  of
    35  fifteen  percent  and  the additional apportionment computed pursuant to
    36  this subdivision for the two thousand seven--two thousand  eight  school
    37  year.  For  the two thousand nine--two thousand ten through two thousand
    38  [fifteen] sixteen--two thousand [sixteen] seventeen school  years,  each
    39  school  district  shall  be  entitled  to  an apportionment equal to the
    40  amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
    41  COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
    42  computer listing produced by the commissioner in support of  the  budget
    43  for  the  two  thousand  nine--two thousand ten school year and entitled
    44  "SA0910".
    45    § 3. Subdivision 12 of section 3602 of the education law is amended by
    46  adding a fourth undesignated paragraph to read as follows:
    47    For the two thousand sixteen--two thousand seventeen school year, each
    48  school district shall be entitled  to  an  apportionment  equal  to  the
    49  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
    50  under the heading "2015-16 ESTIMATED AIDS" in the  school  aid  computer
    51  listing  produced  by  the commissioner in support of the budget for the
    52  two thousand fifteen--two thousand  sixteen  school  year  and  entitled
    53  "SA151-6",  and  such apportionment shall be deemed to satisfy the state
    54  obligation to provide an apportionment pursuant to subdivision eight  of
    55  section thirty-six hundred forty-one of this article.

        S. 6406--C                          8                         A. 9006--C
 
     1    §  4.  The  opening paragraph of subdivision 16 of section 3602 of the
     2  education law, as amended by section 4 of part A of chapter  56  of  the
     3  laws of 2015, is amended to read as follows:
     4    Each  school  district  shall  be  eligible  to receive a high tax aid
     5  apportionment in the two thousand eight--two thousand nine school  year,
     6  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
     7  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
     8  tax aid apportionment or (ii) the product of the apportionment  received
     9  by  the school district pursuant to this subdivision in the two thousand
    10  seven--two thousand eight school year,  multiplied  by  the  due-minimum
    11  factor,  which shall equal, for districts with an alternate pupil wealth
    12  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
    13  section that is less than two, seventy percent (0.70), and for all other
    14  districts,  fifty percent (0.50). Each school district shall be eligible
    15  to receive a high tax aid apportionment in the  two  thousand  nine--two
    16  thousand  ten  through two thousand twelve--two thousand thirteen school
    17  years in the amount set forth for such school district as "HIGH TAX AID"
    18  under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
    19  listing  produced  by  the commissioner in support of the budget for the
    20  two thousand nine--two thousand ten school year and  entitled  "SA0910".
    21  Each  school district shall be eligible to receive a high tax aid appor-
    22  tionment in the two thousand  thirteen--two  thousand  fourteen  through
    23  [two  thousand  fifteen--two thousand sixteen] two thousand sixteen--two
    24  thousand seventeen school years equal to the greater of (1)  the  amount
    25  set  forth  for such school district as "HIGH TAX AID" under the heading
    26  "2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
    27  the commissioner in support of the budget for the two thousand nine--two
    28  thousand  ten  school  year  and entitled "SA0910" or (2) the amount set
    29  forth for such school district as  "HIGH  TAX  AID"  under  the  heading
    30  "2013-14  ESTIMATED AIDS" in the school aid computer listing produced by
    31  the commissioner in support of the  executive  budget  for  the  2013-14
    32  fiscal year and entitled "BT131-4".
    33    §  5. The opening paragraph of subdivision 10 of section 3602-e of the
    34  education law, as amended by section 5 of part A of chapter  56  of  the
    35  laws of 2015, is amended to read as follows:
    36    Notwithstanding  any provision of law to the contrary, for aid payable
    37  in the two thousand eight--two thousand nine school year, the  grant  to
    38  each eligible school district for universal prekindergarten aid shall be
    39  computed  pursuant  to this subdivision, and for the two thousand nine--
    40  two thousand ten and two thousand ten--two thousand eleven school years,
    41  each school district shall be eligible for a maximum grant equal to  the
    42  amount  computed for such school district for the base year in the elec-
    43  tronic data file produced by the commissioner  in  support  of  the  two
    44  thousand  nine--two  thousand ten education, labor and family assistance
    45  budget, provided, however, that in the case of a  district  implementing
    46  programs  for  the  first time or implementing expansion programs in the
    47  two thousand eight--two thousand nine school year  where  such  programs
    48  operate  for a minimum of ninety days in any one school year as provided
    49  in section 151-1.4 of the regulations of the commissioner, for  the  two
    50  thousand nine--two thousand ten and two thousand ten--two thousand elev-
    51  en  school  years,  such school district shall be eligible for a maximum
    52  grant equal to the amount computed pursuant to paragraph a  of  subdivi-
    53  sion  nine  of this section in the two thousand eight--two thousand nine
    54  school year, and for the two thousand eleven--two thousand twelve school
    55  year each school district shall be eligible for a maximum grant equal to
    56  the amount set forth for such school district as  "UNIVERSAL  PREKINDER-

        S. 6406--C                          9                         A. 9006--C
 
     1  GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
     2  computer listing produced by the commissioner in support of the  enacted
     3  budget  for  the 2011-12 school year and entitled "SA111-2", and for two
     4  thousand  twelve--two  thousand  thirteen through two thousand [fifteen]
     5  sixteen--two thousand  [sixteen]  seventeen  school  years  each  school
     6  district  shall  be eligible for a maximum grant equal to the greater of
     7  (i) the amount set forth for such school district as "UNIVERSAL  PREKIN-
     8  DERGARTEN"  under the heading "2010-11 BASE YEAR AIDS" in the school aid
     9  computer listing produced by the commissioner in support of the  enacted
    10  budget  for  the 2011-12 school year and entitled "SA111-2", or (ii) the
    11  amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
    12  under the heading "2010-11 BASE YEAR AIDS" in the  school  aid  computer
    13  listing  produced  by  the  commissioner  on May fifteenth, two thousand
    14  eleven pursuant to paragraph b  of  subdivision  twenty-one  of  section
    15  three  hundred five of this chapter, and provided further that the maxi-
    16  mum grant shall not exceed the total actual grant expenditures  incurred
    17  by  the  school  district  in the current school year as approved by the
    18  commissioner.
    19    § 6. Paragraph h of subdivision 17 of section 3602  of  the  education
    20  law,  as  added  by  section  5-b of part A of chapter 56 of the laws of
    21  2015, is amended to read as follows:
    22    h. The gap elimination adjustment [restoration  amount]  for  the  two
    23  thousand  sixteen--two  thousand  seventeen  school  year and thereafter
    24  shall equal [the product of the  gap  elimination  percentage  for  such
    25  district  and  the  gap  elimination  adjustment  restoration allocation
    26  established pursuant to subdivision eighteen of this section] zero.
    27    § 7. The opening paragraph, subparagraph 1 of paragraph a, clause (ii)
    28  of subparagraph 2 of paragraph b and paragraph d  of  subdivision  4  of
    29  section  3602  of the education law, as amended by section 5-a of part A
    30  of chapter 56 of the laws of 2015, are amended and a new  paragraph  b-2
    31  is added to read as follows:
    32    In  addition  to  any  other apportionment pursuant to this chapter, a
    33  school district, other than a special act school district as defined  in
    34  subdivision eight of section four thousand one of this chapter, shall be
    35  eligible  for total foundation aid equal to the product of total aidable
    36  foundation pupil units multiplied by the district's selected  foundation
    37  aid,  which shall be the greater of five hundred dollars ($500) or foun-
    38  dation formula aid, provided, however that for the two thousand  seven--
    39  two  thousand eight through two thousand eight--two thousand nine school
    40  years, no school district shall receive total foundation aid  in  excess
    41  of  the  sum of the total foundation aid base for aid payable in the two
    42  thousand seven--two thousand eight  school  year  computed  pursuant  to
    43  subparagraph (i) of paragraph j of subdivision one of this section, plus
    44  the  phase-in  foundation  increase  computed pursuant to paragraph b of
    45  this subdivision, and provided further that for the two thousand twelve-
    46  -two thousand thirteen school year, no  school  district  shall  receive
    47  total  foundation  aid  in excess of the sum of the total foundation aid
    48  base for aid payable in the two  thousand  eleven--two  thousand  twelve
    49  school  year  computed  pursuant  to subparagraph (ii) of paragraph j of
    50  subdivision one of this section, plus the phase-in  foundation  increase
    51  computed  pursuant  to  paragraph  b  of  this subdivision, and provided
    52  further that for the two thousand thirteen--two thousand fourteen school
    53  year and thereafter, no school district shall receive  total  foundation
    54  aid  in  excess  of  the  sum  of the total foundation aid base computed
    55  pursuant to subparagraph (ii) of paragraph j of subdivision one of  this
    56  section,  plus  the  phase-in  foundation  increase computed pursuant to

        S. 6406--C                         10                         A. 9006--C

     1  paragraph b of this subdivision, and provided further that for  the  two
     2  thousand sixteen--two thousand seventeen school year, no eligible school
     3  districts shall receive total foundation aid in excess of the sum of the
     4  total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
     5  paragraph j of subdivision one of this section plus the sum of  (A)  the
     6  phase-in foundation increase, (B) the executive foundation increase with
     7  a  minimum  increase  pursuant to paragraph b-2 of this subdivision, and
     8  (C) an amount equal to "COMMUNITY SCHOOLS AID" in the  computer  listing
     9  produced  by the commissioner in support of the executive budget request
    10  for the two thousand sixteen--two thousand  seventeen  school  year  and
    11  entitled  "BT161-7",  where  (1)  "eligible  school  district"  shall be
    12  defined as a district with (a) an unrestricted aid increase of less than
    13  seven percent (0.07) and (b) a three year average free and reduced price
    14  lunch percent greater than fifteen percent (0.15), and (2) "unrestricted
    15  aid increase" shall mean the quotient arrived at when dividing  (a)  the
    16  sum  of  the  executive foundation aid increase plus the gap elimination
    17  adjustment for the base year, by (b) the difference  of  foundation  aid
    18  for the base year less the gap elimination adjustment for the base year,
    19  and (3) "executive foundation increase" shall mean the difference of (a)
    20  the amounts set forth for each school district as "FOUNDATION AID" under
    21  the  heading "2016-17 ESTIMATED AIDS" in the school aid computer listing
    22  produced by the commissioner in support of the executive budget  request
    23  for  the  two  thousand  sixteen--two thousand seventeen school year and
    24  entitled "BT161-7" less (b)  the  amounts  set  forth  for  each  school
    25  district  as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"
    26  in such computer listing and provided further that total foundation  aid
    27  shall  not  be  less  than  the product of the total foundation aid base
    28  computed pursuant to paragraph j of subdivision one of this section  and
    29  the due-minimum percent which shall be, for the two thousand twelve--two
    30  thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
    31  (1.006) and for the two thousand thirteen--two thousand fourteen  school
    32  year  for  city  school  districts of those cities having populations in
    33  excess of one hundred twenty-five thousand and  less  than  one  million
    34  inhabitants  one  hundred  and one and one hundred and seventy-six thou-
    35  sandths percent (1.01176), and for all other districts one  hundred  and
    36  three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
    37  thousand fifteen school year  one  hundred  and  eighty-five  hundredths
    38  percent (1.0085), and for the two thousand fifteen--two thousand sixteen
    39  school  year,  one  hundred  thirty-seven  hundredths  percent (1.0037),
    40  subject to allocation pursuant to the provisions of subdivision eighteen
    41  of this section and any provisions of a chapter of the laws of New  York
    42  as described therein, nor more than the product of such total foundation
    43  aid  base  and  one hundred fifteen percent, provided, however, that for
    44  the two thousand sixteen--two thousand seventeen school year such  maxi-
    45  mum shall be no more than the sum of (i) the product of such total foun-
    46  dation  aid base and one hundred fifteen percent plus (ii) the executive
    47  foundation increase and  plus  (iii)  "COMMUNITY  SCHOOLS  AID"  in  the
    48  computer  listing  produced by the commissioner in support of the execu-
    49  tive budget request for the two thousand sixteen--two thousand seventeen
    50  school year and entitled "BT161-7" and provided further that for the two
    51  thousand nine--two thousand ten through two thousand  eleven--two  thou-
    52  sand twelve school years, each school district shall receive total foun-
    53  dation  aid  in an amount equal to the amount apportioned to such school
    54  district for the two  thousand  eight--two  thousand  nine  school  year
    55  pursuant to this subdivision. Total aidable foundation pupil units shall
    56  be  calculated  pursuant  to  paragraph  g  of  subdivision  two of this

        S. 6406--C                         11                         A. 9006--C
 
     1  section. For the purposes of calculating aid pursuant to  this  subdivi-
     2  sion,  aid for the city school district of the city of New York shall be
     3  calculated on a citywide basis.
     4    (1)  The foundation amount shall reflect the average per pupil cost of
     5  general education instruction in successful school districts, as  deter-
     6  mined  by  a  statistical analysis of the costs of special education and
     7  general education in successful  school  districts,  provided  that  the
     8  foundation  amount  shall be adjusted annually to reflect the percentage
     9  increase in the consumer price index as computed pursuant to section two
    10  thousand twenty-two of this chapter, provided that for the two  thousand
    11  eight--two  thousand  nine  school year, for the purpose of such adjust-
    12  ment, the percentage increase in  the  consumer  price  index  shall  be
    13  deemed  to  be two and nine-tenths percent (0.029), and provided further
    14  that the foundation amount for  the  two  thousand  seven--two  thousand
    15  eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
    16  dollars, and provided further that for the two thousand seven--two thou-
    17  sand  eight  through  two  thousand  [fifteen]   sixteen--two   thousand
    18  [sixteen] seventeen school years, the foundation amount shall be further
    19  adjusted  by  the  phase-in  foundation  percent established pursuant to
    20  paragraph b of this subdivision.
    21    (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
    22  eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
    23  increase factor shall equal thirty-seven and  one-half  percent  (0.375)
    24  and  the phase-in due minimum percent shall equal nineteen and forty-one
    25  hundredths percent (0.1941), for the two thousand  twelve--two  thousand
    26  thirteen school year the phase-in foundation increase factor shall equal
    27  one and seven-tenths percent (0.017), for the two thousand thirteen--two
    28  thousand  fourteen  school  year the phase-in foundation increase factor
    29  shall equal (1) for a city school district in a city having a population
    30  of one  million  or  more,  five  and  twenty-three  hundredths  percent
    31  (0.0523) or (2) for all other school districts zero percent, for the two
    32  thousand fourteen--two thousand fifteen school year the phase-in founda-
    33  tion  increase  factor  shall  equal (1) for a city school district of a
    34  city having a population of one million or  more,  four  and  thirty-two
    35  hundredths  percent  (0.0432)  or (2) for a school district other than a
    36  city school district having a population of  one  million  or  more  for
    37  which  (A)  the  quotient  of  the positive difference of the foundation
    38  formula aid minus the foundation aid base computed pursuant to paragraph
    39  j of subdivision one of this section divided by the  foundation  formula
    40  aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
    41  ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
    42  (3)  for  all  other  school  districts,  four and thirty-one hundredths
    43  percent (0.0431), and for the two thousand fifteen--two thousand sixteen
    44  school year the phase-in foundation increase factor shall equal: (1) for
    45  a city school district of a city having a population of one  million  or
    46  more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
    47  (0.13274); or (2) for districts  where  the  quotient  arrived  at  when
    48  dividing  (A)  the  product  of the total aidable foundation pupil units
    49  multiplied by the district's selected  foundation  aid  less  the  total
    50  foundation  aid base computed pursuant to paragraph j of subdivision one
    51  of this section divided by (B) the product of the total aidable  founda-
    52  tion pupil units multiplied by the district's selected foundation aid is
    53  greater  than nineteen percent (0.19), and where the district's combined
    54  wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
    55  seventy-five  hundredths percent (0.0775); or (3) for any other district
    56  designated as high need pursuant to clause (c) of  subparagraph  two  of

        S. 6406--C                         12                         A. 9006--C
 
     1  paragraph  c  of  subdivision  six  of  this  section for the school aid
     2  computer listing produced by the commissioner in support of the  enacted
     3  budget  for  the  two thousand seven--two thousand eight school year and
     4  entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
     5  district in a city having a population of one hundred twenty-five  thou-
     6  sand  or more but less than one million, fourteen percent (0.14); or (5)
     7  for school districts that were designated as small city school districts
     8  or central school districts whose boundaries  include  a  portion  of  a
     9  small  city  for the school aid computer listing produced by the commis-
    10  sioner in support of the enacted budget for the two thousand  fourteen--
    11  two  thousand  fifteen school year and entitled "SA1415", four and seven
    12  hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
    13  districts  one  percent  (0.01),  and  for the two thousand sixteen--two
    14  thousand seventeen school  year  shall  equal  for  an  eligible  school
    15  district the greater of: (1) for a city school district in a city with a
    16  population  of  one million or more, seven and seven hundred eighty four
    17  thousandths percent (0.07784); or (2) for a city school  district  in  a
    18  city  with a population of more than two hundred fifty thousand but less
    19  than one million as of the most recent federal decennial  census,  seven
    20  and three hundredths percent (0.0703); or (3) for a city school district
    21  in  a  city with a population of more than two hundred thousand but less
    22  than two hundred fifty thousand as of the most recent federal  decennial
    23  census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
    24  city school district in a city  with  a  population  of  more  than  one
    25  hundred fifty thousand but less than two hundred thousand as of the most
    26  recent federal decennial census, six and seventy-four hundredths percent
    27  (0.0674);  or (5) for a city school district in a city with a population
    28  of more than one hundred twenty-five thousand but less than one  hundred
    29  fifty  thousand as of the most recent federal decennial census, nine and
    30  fifty-five hundredths percent (0.0955); or (6) for school districts that
    31  were designated  as  small  city  school  districts  or  central  school
    32  districts  whose  boundaries  include  a portion of a small city for the
    33  school aid computer listing produced by the commissioner in  support  of
    34  the  enacted  budget for the two thousand fourteen--two thousand fifteen
    35  school year and entitled "SA141-5" with a  combined  wealth  ratio  less
    36  than  one and four tenths (1.4), nine percent (0.09), provided, however,
    37  that for such districts that are also districts designated as high  need
    38  urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
    39  of  subdivision  six of this section for the school aid computer listing
    40  produced by the commissioner in support of the enacted  budget  for  the
    41  two   thousand  seven--two  thousand  eight  school  year  and  entitled
    42  "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
    43  (0.09719);  or  (7)  for  school districts designated as high need rural
    44  pursuant to clause (c) of subparagraph two of paragraph c of subdivision
    45  six of this section for the school aid computer listing produced by  the
    46  commissioner  in  support  of  the  enacted  budget for the two thousand
    47  seven--two thousand eight school year and  entitled  "SA0708",  thirteen
    48  and  six  tenths percent (0.136); or (8) for school districts designated
    49  as high need urban-suburban pursuant to clause (c) of  subparagraph  two
    50  of  paragraph  c  of  subdivision six of this section for the school aid
    51  computer listing produced by the commissioner in support of the  enacted
    52  budget  for  the  two thousand seven--two thousand eight school year and
    53  entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
    54  or (9) for all other eligible school districts,  forty-seven  hundredths
    55  percent  (0.0047) and for the two thousand seventeen--two thousand eigh-
    56  teen school year and thereafter the commissioner shall  annually  deter-

        S. 6406--C                         13                         A. 9006--C
 
     1  mine  the  phase-in  foundation  increase  factor  subject to allocation
     2  pursuant to the provisions of subdivision eighteen of this  section  and
     3  any  provisions of a chapter of the laws of New York as described there-
     4  in.
     5    b-2.  Due minimum for the two thousand sixteen--two thousand seventeen
     6  school year. Notwithstanding any other provision of law to the contrary,
     7  for the two thousand sixteen--two thousand  seventeen  school  year  the
     8  total foundation aid shall not be less than the sum of the total founda-
     9  tion  aid  base  computed  pursuant to paragraph j of subdivision one of
    10  this section plus the due minimum  for  the  two  thousand  sixteen--two
    11  thousand  seventeen  school year, where such due minimum shall equal the
    12  difference of (1) the product of (A) two percent  (0.02)  multiplied  by
    13  (B)  the  difference  of total foundation aid for the base year less the
    14  gap elimination adjustment for the base year, less (2) the  sum  of  (A)
    15  the  difference  of  the  amounts  set forth for each school district as
    16  "FOUNDATION AID" under the  heading  "2016-17  ESTIMATED  AIDS"  in  the
    17  school  aid  computer listing produced by the commissioner in support of
    18  the executive budget request for the two thousand sixteen--two  thousand
    19  seventeen  school year and entitled "BT161-7" less the amounts set forth
    20  for each school district as "FOUNDATION AID" under the heading  "2015-16
    21  BASE  YEAR  AIDS"  in such computer listing plus (B) the gap elimination
    22  adjustment for the base year.
    23    d. For the two thousand fourteen--two thousand fifteen [and two  thou-
    24  sand  fifteen--two  thousand  sixteen] through two thousand sixteen--two
    25  thousand seventeen school years a city school district of a city  having
    26  a population of one million or more may use amounts apportioned pursuant
    27  to this subdivision for afterschool programs.
    28    §  8. Subdivision 4 of section 3602 of the education law is amended by
    29  adding a new paragraph e to read as follows:
    30    e. Community schools aid set-aside. Each  school  district  shall  set
    31  aside from its total foundation aid computed for the current year pursu-
    32  ant to this subdivision an amount equal to the following amount, if any,
    33  for  such  district and shall use the amount so set aside to support the
    34  transformation of school buildings into community hubs to deliver co-lo-
    35  cated or school-linked academic, health, mental health, nutrition, coun-
    36  seling, legal and/or other services  to  students  and  their  families,
    37  including but not limited to providing a community school site coordina-
    38  tor,  or  to support other costs incurred to maximize students' academic
    39  achievement:
    40  Addison                                             $132,624
    41  Adirondack                                           $98,303
    42  Afton                                                $62,527
    43  Albany                                            $2,696,127
    44  Albion                                              $171,687
    45  Altmar-Parish-Williamstown                          $154,393
    46  Amityville                                          $140,803
    47  Amsterdam                                           $365,464
    48  Andover                                              $41,343
    49  Auburn                                              $211,759
    50  Ausable Valley                                       $82,258
    51  Avoca                                                $40,506
    52  Batavia                                             $116,085
    53  Bath                                                $139,788
    54  Beacon                                               $87,748
    55  Beaver River                                         $67,970
    56  Beekmantown                                          $98,308

        S. 6406--C                         14                         A. 9006--C

     1  Belfast                                              $44,520
     2  Belleville Henderson                                 $21,795
     3  Binghamton                                          $477,949
     4  Bolivar-Richburg                                    $102,276
     5  Bradford                                             $28,058
     6  Brasher Falls                                       $146,944
     7  Brentwood                                         $2,089,437
     8  Bridgewater-West Winfield (Mt. Markham)             $101,498
     9  Brocton                                              $63,939
    10  Brookfield                                           $24,973
    11  Brushton-Moira                                      $102,613
    12  Buffalo                                          $12,524,617
    13  Camden                                              $243,929
    14  Campbell-Savona                                      $81,862
    15  Canajoharie                                          $78,428
    16  Canaseraga                                           $24,622
    17  Candor                                               $69,400
    18  Canisteo-Greenwood                                  $105,783
    19  Carthage                                            $273,578
    20  Cassadaga Valley                                     $99,547
    21  Catskill                                             $69,599
    22  Cattaraugus-Little Valley                            $89,771
    23  Central Islip                                       $650,359
    24  Central Valley                                      $154,059
    25  Charlotte Valley                                     $27,925
    26  Chateaugay                                           $43,580
    27  Cheektowaga-Sloan                                    $68,242
    28  Chenango Valley                                      $46,359
    29  Cherry Valley-Springfield                            $29,704
    30  Cincinnatus                                          $71,378
    31  Clifton-Fine                                         $17,837
    32  Clyde-Savannah                                       $84,797
    33  Clymer                                               $28,267
    34  Cohoes                                              $110,625
    35  Copenhagen                                           $35,037
    36  Copiague                                            $308,995
    37  Cortland                                            $147,875
    38  Crown Point                                          $24,277
    39  Cuba-Rushford                                        $67,917
    40  Dalton-Nunda (Keshequa)                              $65,630
    41  Dansville                                           $136,766
    42  De Ruyter                                            $38,793
    43  Deposit                                              $37,615
    44  Dolgeville                                           $82,884
    45  Downsville                                           $10,000
    46  Dundee                                               $59,404
    47  Dunkirk                                             $224,658
    48  East Ramapo (Spring Valley)                         $360,848
    49  Edmeston                                             $30,288
    50  Edwards-Knox                                         $95,261
    51  Elizabethtown-Lewis                                  $14,844
    52  Ellenville                                          $128,950
    53  Elmira                                              $501,348
    54  Fallsburg                                           $111,523
    55  Fillmore                                             $84,252
    56  Forestville                                          $34,773

        S. 6406--C                         15                         A. 9006--C
 
     1  Fort Edward                                          $32,403
     2  Fort Plain                                           $86,187
     3  Franklin                                             $19,086
     4  Franklinville                                        $84,503
     5  Freeport                                            $479,702
     6  Friendship                                           $51,013
     7  Fulton                                              $241,424
     8  Genesee Valley                                       $65,066
     9  Geneva                                              $146,409
    10  Georgetown-South Otselic                             $34,626
    11  Gilbertsville-Mount Upton                            $30,930
    12  Glens Falls Common                                   $10,000
    13  Gloversville                                        $257,549
    14  Gouverneur                                          $197,139
    15  Gowanda                                             $122,173
    16  Granville                                            $86,044
    17  Green Island                                         $17,390
    18  Greene                                               $87,782
    19  Hadley-Luzerne                                       $37,868
    20  Hammond                                              $18,750
    21  Hancock                                              $34,174
    22  Hannibal                                            $149,286
    23  Harpursville                                         $89,804
    24  Hempstead                                         $3,123,056
    25  Herkimer                                             $64,467
    26  Hermon-Dekalb                                        $49,211
    27  Heuvelton                                            $53,905
    28  Hinsdale                                             $47,128
    29  Hornell                                             $152,327
    30  Hudson                                               $86,263
    31  Hudson Falls                                        $125,709
    32  Indian River                                        $404,452
    33  Jamestown                                           $422,610
    34  Jasper-Troupsburg                                    $65,899
    35  Jefferson                                            $22,350
    36  Johnson                                             $179,735
    37  Johnstown                                            $98,329
    38  Kingston                                            $241,138
    39  Kiryas Joel                                          $10,000
    40  La Fargeville                                        $36,602
    41  Lackawanna                                          $293,188
    42  Lansingburgh                                        $170,080
    43  Laurens                                              $32,110
    44  Liberty                                             $141,704
    45  Lisbon                                               $56,498
    46  Little Falls                                         $76,292
    47  Livingston Manor                                     $32,996
    48  Lowville                                            $117,907
    49  Lyme                                                 $15,856
    50  Lyons                                                $89,298
    51  Madison                                              $43,805
    52  Madrid-Waddington                                    $59,412
    53  Malone                                              $241,483
    54  Marathon                                             $79,560
    55  Margaretville                                        $10,000
    56  Massena                                             $227,985

        S. 6406--C                         16                         A. 9006--C
 
     1  Mcgraw                                               $51,558
     2  Medina                                              $135,337
     3  Middleburgh                                          $58,936
     4  Middletown                                          $683,511
     5  Milford                                              $28,281
     6  Monticello                                          $185,418
     7  Moriah                                               $76,592
     8  Morris                                               $45,012
     9  Morristown                                           $25,106
    10  Morrisville-Eaton                                    $62,490
    11  Mt Morris                                            $58,594
    12  Mt Vernon                                           $517,463
    13  New York City                                    $28,491,241
    14  Newark                                              $137,556
    15  Newburgh                                            $837,244
    16  Newfield                                             $60,998
    17  Niagara Falls                                       $733,330
    18  North Rose-Wolcott                                  $107,958
    19  Northern Adirondack                                  $84,115
    20  Norwich                                             $155,921
    21  Norwood-Norfolk                                     $116,262
    22  Odessa-Montour                                       $70,110
    23  Ogdensburg                                          $126,942
    24  Olean                                               $129,603
    25  Oppenheim-Ephratah-St. Johnsville                    $86,646
    26  Otego-Unadilla                                       $72,613
    27  Oxford Acad & Central Schools                        $80,443
    28  Parishville-Hopkinton                                $35,003
    29  Peekskill                                           $230,795
    30  Penn Yan                                             $71,001
    31  Pine Valley (South Dayton)                           $67,455
    32  Plattsburgh                                          $75,055
    33  Poland                                               $37,498
    34  Port Chester-Rye                                    $241,428
    35  Port Jervis                                         $189,220
    36  Poughkeepsie                                      $1,747,582
    37  Prattsburgh                                          $35,110
    38  Pulaski                                              $89,146
    39  Putnam                                               $10,000
    40  Randolph                                             $88,646
    41  Red Creek                                            $87,007
    42  Remsen                                               $32,650
    43  Rensselaer                                           $74,616
    44  Richfield Springs                                    $37,071
    45  Ripley                                               $18,495
    46  Rochester                                         $7,624,908
    47  Rome                                                $369,655
    48  Romulus                                              $22,112
    49  Roosevelt                                           $353,005
    50  Salamanca                                           $139,051
    51  Salmon River                                        $200,831
    52  Sandy Creek                                          $72,287
    53  Schenectady                                         $642,884
    54  Schenevus                                            $29,516
    55  Scio                                                 $47,097
    56  Sharon Springs                                       $26,994

        S. 6406--C                         17                         A. 9006--C
 
     1  Sherburne-Earlville                                 $154,286
     2  Sherman                                              $45,067
     3  Sidney                                               $98,699
     4  Silver Creek                                         $68,538
     5  Sodus                                               $100,038
     6  Solvay                                               $85,506
     7  South Kortright                                      $23,420
     8  South Lewis                                          $95,627
     9  South Seneca                                         $49,768
    10  Spencer-Van Etten                                    $76,108
    11  St Regis Falls                                       $30,078
    12  Stamford                                             $20,137
    13  Stockbridge Valley                                   $38,537
    14  Syracuse                                         $10,186,478
    15  Ticonderoga                                          $36,467
    16  Tioga                                                $99,411
    17  Troy                                                $277,420
    18  Unadilla Valley                                      $90,571
    19  Uniondale                                           $362,887
    20  Utica                                               $273,267
    21  Van Hornesville-Owen D. Young                        $18,604
    22  Walton                                               $82,541
    23  Warrensburg                                          $57,996
    24  Waterloo                                            $123,111
    25  Watertown                                           $222,343
    26  Watervliet                                           $94,487
    27  Waverly                                             $120,319
    28  Wayland-Cohocton                                    $125,273
    29  Wellsville                                          $114,359
    30  West Canada Valley                                   $58,917
    31  Westbury                                            $403,563
    32  Westfield                                            $46,542
    33  Whitehall                                            $46,192
    34  Whitesville                                          $26,719
    35  Whitney Point                                       $152,109
    36  William Floyd                                       $492,842
    37  Worcester                                            $26,862
    38  Wyandanch                                           $402,010
    39  Yonkers                                           $4,286,726
    40  Yorkshire-Pioneer                                   $210,306
    41    § 9. Intentionally Omitted.
    42    § 10. The opening paragraph of section 3609-a of the education law, as
    43  amended  by  section  6  of part A of chapter 56 of the laws of 2015, is
    44  amended to read as follows:
    45    For aid payable in the two thousand seven--two thousand  eight  school
    46  year  through the [two thousand fifteen--two thousand sixteen] two thou-
    47  sand sixteen--two thousand seventeen school year,  "moneys  apportioned"
    48  shall  mean  the  lesser  of  (i)  the sum of one hundred percent of the
    49  respective amount set forth for each school district as payable pursuant
    50  to this section in the school aid computer listing for the current  year
    51  produced by the commissioner in support of the budget which includes the
    52  appropriation  for  the  general  support  for  public  schools  for the
    53  prescribed payments and individualized payments due prior to April first
    54  for the current year plus the apportionment payable during  the  current
    55  school  year  pursuant  to  subdivision six-a and subdivision fifteen of
    56  section thirty-six hundred two of this  part  minus  any  reductions  to

        S. 6406--C                         18                         A. 9006--C
 
     1  current  year  aids  pursuant to subdivision seven of section thirty-six
     2  hundred four of this part or any deduction  from  apportionment  payable
     3  pursuant  to  this  chapter  for  collection  of a school district basic
     4  contribution  as  defined  in  subdivision  eight  of section forty-four
     5  hundred one of this  chapter,  less  any  grants  provided  pursuant  to
     6  subparagraph  two-a  of paragraph b of subdivision four of section nine-
     7  ty-two-c of the state finance law, less any grants provided pursuant  to
     8  subdivision  six  of section ninety-seven-nnnn of the state finance law,
     9  less any grants provided pursuant to subdivision twelve of section thir-
    10  ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
    11  calculated  by  the  commissioner  based on data on file at the time the
    12  payment is processed; provided however, that for  the  purposes  of  any
    13  payments  made  pursuant to this section prior to the first business day
    14  of June of the current year, moneys apportioned shall  not  include  any
    15  aids  payable  pursuant to subdivisions six and fourteen, if applicable,
    16  of section thirty-six hundred two of this part as current year  aid  for
    17  debt service on bond anticipation notes and/or bonds first issued in the
    18  current  year  or  any  aids  payable  for full-day kindergarten for the
    19  current year pursuant to subdivision nine of section thirty-six  hundred
    20  two  of  this part. The definitions of "base year" and "current year" as
    21  set forth in subdivision one of section thirty-six hundred two  of  this
    22  part  shall  apply to this section. [For aid payable in the two thousand
    23  fourteen--two thousand fifteen school year, reference  to  such  "school
    24  aid  computer  listing  for  the  current year" shall mean the printouts
    25  entitled "SA141-5". For aid payable in  the  two  thousand  fifteen--two
    26  thousand  sixteen  school  year,  reference to such "school aid computer
    27  listing  for  the  current  year"  shall  mean  the  printouts  entitled
    28  "SA151-6".]  For  aid  payable in the two thousand sixteen--two thousand
    29  seventeen school year, reference to such "school  aid  computer  listing
    30  for the current year" shall mean the printouts entitled "SA161-7".
    31    §  11.  Subparagraphs  5, 6 and 7 of paragraph (e) of subdivision 3 of
    32  section 2853 of the education law, as added by section 5 of part  BB  of
    33  chapter 56 of the laws of 2014, are amended to read as follows:
    34    (5) For a new charter school whose charter is granted or for an exist-
    35  ing  charter  school  whose  expansion  of grade level, pursuant to this
    36  article, is approved by their charter entity [before October first,  two
    37  thousand  sixteen], if the appeal results in a determination in favor of
    38  the charter school, the city  school  district  shall  pay  the  charter
    39  school an amount attributable to the grade level expansion or the forma-
    40  tion of the new charter school that is equal to the lesser of:
    41    (A)  the  actual  rental  cost  of an alternative privately owned site
    42  selected by the charter school or
    43    (B) twenty percent of  the  product  of  the  charter  school's  basic
    44  tuition  for  the  current  school year and (i) for a new charter school
    45  that first commences instruction on or after July  first,  two  thousand
    46  fourteen,  the  charter  school's current year enrollment; or (ii) for a
    47  charter school which expands its grade level, pursuant to this  article,
    48  [before October first, two thousand sixteen,] the positive difference of
    49  the  charter  school's  enrollment  in the current school year minus the
    50  charter school's enrollment in the school year prior to the  first  year
    51  of the expansion.
    52    (6)  [For  a  new  charter  school  whose charter is granted or for an
    53  existing charter school whose expansion of grade level, pursuant to this
    54  article, is approved by their charter entity on or after October  first,
    55  two  thousand sixteen, if the appeal results in a determination in favor
    56  of the charter school, the city school district shall  pay  the  charter

        S. 6406--C                         19                         A. 9006--C

     1  school an amount attributable to the grade level expansion or the forma-
     2  tion  of the new charter school that is equal to the maximum cost allow-
     3  ance established by the commissioner for leases aidable  under  subdivi-
     4  sion six of section thirty-six hundred two of this chapter.
     5    (7)]  An  arbitration in an appeal pursuant to this paragraph shall be
     6  conducted by a  single  arbitrator  selected  in  accordance  with  this
     7  subparagraph  from  a  list of arbitrators from the American arbitration
     8  association's panel of labor  arbitrators,  with  relevant  biographical
     9  information,  submitted by such association to the commissioner pursuant
    10  to paragraph a of subdivision three of section three  thousand  twenty-a
    11  of  this  chapter.  Upon request by the charter school, the commissioner
    12  shall forthwith send a copy of such list  and  biographical  information
    13  simultaneously  to  the  charter  school  and  city school district. The
    14  parties shall, by mutual agreement, select an arbitrator from  the  list
    15  within fifteen days from receipt of the list, and if the parties fail to
    16  agree  on  an  arbitrator  within such fifteen day period or fail within
    17  such fifteen day period to notify the commissioner  that  an  arbitrator
    18  has been selected, the commissioner shall appoint an arbitrator from the
    19  list  to  serve as the arbitrator. The arbitration shall be conducted in
    20  accordance with the American arbitration association's rules  for  labor
    21  arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
    22  conference within ten to fifteen days of agreeing to serve and the arbi-
    23  tration shall be completed and  a  decision  rendered  within  the  time
    24  frames  prescribed for hearings pursuant to section three thousand twen-
    25  ty-a of this chapter. The arbitrator's fee shall  not  exceed  the  rate
    26  established  by  the  commissioner  for  hearings  conducted pursuant to
    27  section three thousand twenty-a of this chapter, and the  cost  of  such
    28  fee,  the  arbitrator's  necessary travel and other reasonable expenses,
    29  and all other hearing expenses shall be borne equally by the parties  to
    30  the arbitration.
    31    § 11-a. Subdivision 6-g of section 3602 of the education law, as added
    32  by section 6 of part BB of chapter 56 of the laws of 2014, is amended to
    33  read as follows:
    34    6-g.  Charter  schools  facilities aid. a. The city school district of
    35  the city of New York, upon documenting that it has incurred total aggre-
    36  gate expenses of forty million dollars or  more  pursuant  to  [subpara-
    37  graphs]  subparagraph  five  [and  six]  of paragraph (e) of subdivision
    38  three of section twenty-eight hundred fifty-three of this chapter, shall
    39  be eligible for an apportionment pursuant to this  subdivision  for  its
    40  annual  approved expenditures for the lease of space for charter schools
    41  incurred in the base year in accordance with paragraph (e)  of  subdivi-
    42  sion three of section twenty-eight hundred fifty-three of this chapter.
    43    b. The apportionment shall equal the product of (1) the sum of:
    44    [(A)]  for  aid payable for expenses incurred pursuant to subparagraph
    45  five of paragraph (e)  of  subdivision  three  of  section  twenty-eight
    46  hundred fifty-three of this chapter where the charter school prevails on
    47  appeal,  the  annual  approved  expenses  incurred  by  the  city school
    48  district pursuant to such subparagraph five[; and
    49    (B) for aid payable for expenses incurred pursuant to subparagraph six
    50  of paragraph (e) of subdivision three of  section  twenty-eight  hundred
    51  fifty-three of this chapter where the charter school prevails on appeal,
    52  the  actual  annual  approved  rental expenses incurred pursuant to such
    53  subparagraph six] multiplied by
    54    (2) six-tenths.
    55    c. For purposes of this subdivision, the approved  expenses  attribut-
    56  able  to  a lease by a charter school of a privately owned site shall be

        S. 6406--C                         20                         A. 9006--C
 
     1  the lesser of the actual rent paid under the lease or the  maximum  cost
     2  allowance  established  by  the  commissioner  for  leases aidable under
     3  subdivision six of this section.
     4    d.  Notwithstanding  any  provision  of  law  to the contrary, amounts
     5  apportioned pursuant to this subdivision shall not be included  in:  (1)
     6  the  allowable growth amount computed pursuant to paragraph dd of subdi-
     7  vision one of this section, (2) the preliminary growth  amount  computed
     8  pursuant to paragraph ff of subdivision one of this section, and (3) the
     9  allocable growth amount computed pursuant to paragraph gg of subdivision
    10  one  of  this  section,  and  shall  not be considered, and shall not be
    11  available for interchange with, general support for public schools.
    12    § 12. Intentionally omitted.
    13    § 13. Intentionally omitted.
    14    § 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of  subdi-
    15  vision  1 of section 3602 of the education law, as amended by section 11
    16  of part B of chapter 57 of the laws of 2007,  are  amended  to  read  as
    17  follows:
    18    (i)  determine the number of pupils tested who scored below the state-
    19  wide reference point as determined by  the  commissioner  on  each  test
    20  administered  pursuant  to  this  subparagraph,  plus pupils, other than
    21  pupils with disabilities  and  English  language  learner  pupils  [with
    22  limited  English  proficiency]  as  defined  by the commissioner who are
    23  exempt from taking  such  tests,  provided,  however,  that  a  district
    24  employing  eight  or  more teachers in such years but not operating each
    25  grade may use the percentage computed pursuant to this paragraph for the
    26  district which in such years enrolled the greatest number of  pupils  in
    27  such grade from such district;
    28    (ii)  divide  the sum of such numbers by the number of such pupils who
    29  took each of such tests, plus pupils, other than pupils  with  disabili-
    30  ties  and  English  language learner pupils [with limited English profi-
    31  ciency] as defined by the commissioner who are exempt from  taking  such
    32  tests, provided, however, that a district which in any of the applicable
    33  school years did not maintain a home school or employed fewer than eight
    34  teachers,  and  which  in the base year employed eight or more teachers,
    35  may use the scores in a later test as designated by the commissioner for
    36  the purposes of this paragraph;
    37    § 15. Paragraph o of subdivision 1 of section 3602  of  the  education
    38  law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
    39  2007, is amended to read as follows:
    40    o. "[Limited English proficient] English language learner count" shall
    41  mean the number of pupils served in the base year in programs for pupils
    42  with limited English proficiency approved by the  commissioner  pursuant
    43  to  the  provisions  of  this chapter and in accordance with regulations
    44  adopted for such purpose.
    45    § 16. Paragraph b of subdivision 2 of section 3602-d of the  education
    46  law,  as added by chapter 792 of the laws of 1990, is amended to read as
    47  follows:
    48    (b) "Disadvantaged" shall mean  individuals  (other  than  handicapped
    49  individuals) who have economic or academic disadvantages and who require
    50  special  services  and  assistance in order to enable them to succeed in
    51  work-prep programs. Such term includes individuals who are:  members  of
    52  economically  disadvantaged families as set forth in regulations promul-
    53  gated by the department pursuant to sections sixty-four  hundred  fifty-
    54  one  and sixty-four hundred fifty-two of this chapter or as set forth in
    55  the Federal Job Training Partnership Act of nineteen hundred  eighty-two
    56  (PL  97-300)  (29  U.S.C.A.  § 1501 et seq.); migrants; [individuals who

        S. 6406--C                         21                         A. 9006--C

     1  have limited English proficiency] English language learners;  and  indi-
     2  viduals who are identified as potential dropouts from secondary school.
     3    §  17. Paragraph d of subdivision 4 of section 3602-f of the education
     4  law, as added by section 83-a of part L of chapter 405 of  the  laws  of
     5  1999, is amended to read as follows:
     6    d.  [Limited  English proficient] English language learner pupil count
     7  as defined in paragraph o  of  subdivision  one  of  section  thirty-six
     8  hundred two of this article.
     9    §  18.  Section  3604  of the education law is amended by adding a new
    10  subdivision 13 to read as follows:
    11    13. For purposes of this chapter,  "limited  English  proficient"  and
    12  "limited English proficiency" shall mean "English language learner".
    13    §  19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of
    14  section 3641 of the education law, as added by section 2 of  part  B  of
    15  chapter 58 of the laws of 2011, is amended to read as follows:
    16    (B)  [students  with limited English proficiency and] students who are
    17  English language learners;
    18    § 20. Intentionally Omitted.
    19    § 21. Notwithstanding any provision of law to the  contrary,  for  the
    20  2016-2017  school  year and thereafter, for any pre-kindergarten program
    21  receiving state funds that is identified by the office of  children  and
    22  family services, the department of health and mental hygiene of the city
    23  of  New York, or the state education department as needing extraordinary
    24  quality support, such entity shall provide  a  recommendation  for  such
    25  program  to  voluntarily participate in QUALITYstarsNY subject to avail-
    26  able appropriation.
    27    § 22. Intentionally omitted.
    28    § 23. Subdivision 16 of section 3602-ee of the education law, as added
    29  by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
    30  read as follows:
    31    16. The authority of the department to administer the universal  full-
    32  day  pre-kindergarten  program shall expire June thirtieth, two thousand
    33  [sixteen] seventeen; provided that the program shall continue and remain
    34  in full effect.
    35    § 24. Paragraph b of subdivision 6-c of section 3602 of the  education
    36  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
    37  follows:
    38    b. For projects approved by the  commissioner  authorized  to  receive
    39  additional building aid pursuant to this subdivision for the purchase of
    40  stationary  metal  detectors, security cameras or other security devices
    41  approved by the commissioner that increase the safety  of  students  and
    42  school  personnel,  provided  that  for  purposes of this paragraph such
    43  other security devices shall be limited to electronic  security  systems
    44  and  hardened  doors,  and  provided  that  for projects approved by the
    45  commissioner on or after the first day of July two thousand thirteen and
    46  before the first day of July [two thousand sixteen] two thousand  seven-
    47  teen such additional aid shall equal the product of (i) the building aid
    48  ratio  computed  for  use in the current year pursuant to paragraph c of
    49  subdivision six of this section plus ten percentage points, except  that
    50  in  no  case  shall this amount exceed one hundred percent, and (ii) the
    51  actual approved expenditures incurred in the base year pursuant to  this
    52  subdivision, provided that the limitations on cost allowances prescribed
    53  by  paragraph  a of subdivision six of this section shall not apply, and
    54  provided further that any projects aided under this  paragraph  must  be
    55  included  in  a  district's  school  safety plan. The commissioner shall
    56  annually prescribe a special cost allowance  for  metal  detectors,  and

        S. 6406--C                         22                         A. 9006--C
 
     1  security  cameras,  and  the approved expenditures shall not exceed such
     2  cost allowance.
     3    § 25. Section 2 of chapter 552 of the laws of 1995 amending the educa-
     4  tion  law  relating  to contracts for the transportation of school chil-
     5  dren, as amended by chapter 116 of the laws of 2013, is amended to  read
     6  as follows:
     7    §  2.  This  act  shall  take  effect on the first day of January next
     8  succeeding the date on which it shall have become a law and shall remain
     9  in full force and effect until January 1, [2017] 2020,  when  upon  such
    10  date the provisions of this act shall be deemed repealed.
    11    §  26.  Paragraph  b of subdivision 2 of section 3612 of the education
    12  law, as amended by section 8 of part A of chapter  56  of  the  laws  of
    13  2015, is amended to read as follows:
    14    b. Such grants shall be awarded to school districts, within the limits
    15  of funds appropriated therefor, through a competitive process that takes
    16  into  consideration  the  magnitude  of  any shortage of teachers in the
    17  school district, the number of teachers employed in the school  district
    18  who hold temporary licenses to teach in the public schools of the state,
    19  the  number of provisionally certified teachers, the fiscal capacity and
    20  geographic sparsity of the district, the  number  of  new  teachers  the
    21  school district intends to hire in the coming school year and the number
    22  of summer in the city student internships proposed by an eligible school
    23  district,  if applicable. Grants provided pursuant to this section shall
    24  be used only for the purposes enumerated in this section.  Notwithstand-
    25  ing any other provision of law to the contrary, a city  school  district
    26  in a city having a population of one million or more inhabitants receiv-
    27  ing a grant pursuant to this section may use no more than eighty percent
    28  of  such  grant  funds  for any recruitment, retention and certification
    29  costs associated with transitional certification of  teacher  candidates
    30  for  the  school  years  two thousand one--two thousand two through [two
    31  thousand fifteen--two thousand sixteen] two thousand sixteen--two  thou-
    32  sand seventeen.
    33    §  27.  Subdivision 6 of section 4402 of the education law, as amended
    34  by section 9 of part A of chapter 56 of the laws of 2015, is amended  to
    35  read as follows:
    36    6.  Notwithstanding any other law, rule or regulation to the contrary,
    37  the board of education of a city school district with  a  population  of
    38  one  hundred twenty-five thousand or more inhabitants shall be permitted
    39  to establish  maximum  class  sizes  for  special  classes  for  certain
    40  students  with  disabilities  in  accordance with the provisions of this
    41  subdivision. For the purpose of obtaining relief from any adverse fiscal
    42  impact from under-utilization of special education resources due to  low
    43  student  attendance  in  special  education  classes  at  the middle and
    44  secondary level as determined by the commissioner, such boards of educa-
    45  tion shall, during the school years nineteen hundred  ninety-five--nine-
    46  ty-six  through  June thirtieth, two thousand [sixteen] seventeen of the
    47  [two thousand fifteen--two thousand sixteen] two  thousand  sixteen--two
    48  thousand seventeen school year, be authorized to increase class sizes in
    49  special  classes  containing students with disabilities whose age ranges
    50  are equivalent to those of students in middle and secondary  schools  as
    51  defined  by  the  commissioner for purposes of this section by up to but
    52  not to exceed one and two tenths times the applicable maximum class size
    53  specified in regulations of the commissioner rounded up to  the  nearest
    54  whole  number,  provided  that  in a city school district having a popu-
    55  lation of one million or more, classes that have a maximum class size of
    56  fifteen may be increased by no more than one student and  provided  that

        S. 6406--C                         23                         A. 9006--C
 
     1  the  projected average class size shall not exceed the maximum specified
     2  in the applicable regulation, provided  that  such  authorization  shall
     3  terminate  on  June thirtieth, two thousand. Such authorization shall be
     4  granted  upon  filing  of a notice by such a board of education with the
     5  commissioner stating the board's intention to increase such class  sizes
     6  and  a  certification  that the board will conduct a study of attendance
     7  problems at the secondary level and will implement a  corrective  action
     8  plan  to  increase the rate of attendance of students in such classes to
     9  at least the rate for students attending regular  education  classes  in
    10  secondary  schools of the district. Such corrective action plan shall be
    11  submitted for approval by the commissioner by a date during  the  school
    12  year  in  which such board increases class sizes as provided pursuant to
    13  this subdivision to be prescribed by the  commissioner.  Upon  at  least
    14  thirty  days  notice  to the board of education, after conclusion of the
    15  school year in which such board increases class sizes as provided pursu-
    16  ant to this subdivision, the commissioner shall be authorized to  termi-
    17  nate  such  authorization  upon  a  finding that the board has failed to
    18  develop or implement an approved corrective action plan.
    19    § 28.  Subdivision b of section 2 of chapter 756 of the laws of  1992,
    20  relating  to funding a program for work force education conducted by the
    21  consortium for worker education in New York city, as amended by  section
    22  13  of  part  A of chapter 56 of the laws of 2015, is amended to read as
    23  follows:
    24    b. Reimbursement for programs approved in accordance with  subdivision
    25  a  of  this section for the 2012--2013 school year shall not exceed 63.3
    26  percent of the lesser of such  approvable  costs  per  contact  hour  or
    27  twelve dollars and thirty-five cents per contact hour, reimbursement for
    28  the  2013--2014  school year shall not exceed 62.3 percent of the lesser
    29  of such approvable costs per contact hour or twelve dollars  and  sixty-
    30  five  cents  per  contact  hour, reimbursement for the 2014--2015 school
    31  year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
    32  costs  per  contact  hour  or  thirteen  dollars per contact hour, [and]
    33  reimbursement for the 2015--2016  school  year  shall  not  exceed  60.7
    34  percent of the lesser of such approvable costs per contact hour or thir-
    35  teen dollars and forty cents per contact hour, and reimbursement for the
    36  2016--2017  school  year  shall not exceed 60.3 percent of the lesser of
    37  such approvable costs per contact hour or thirteen dollars ninety  cents
    38  per  contact  hour  where  a  contact  hour  represents sixty minutes of
    39  instruction services provided to an eligible adult.  Notwithstanding any
    40  other provision of law to the contrary, for the 2012--2013  school  year
    41  such  contact  hours shall not exceed one million six hundred sixty-four
    42  thousand five hundred thirty-two  (1,664,532)  hours;  whereas  for  the
    43  2013--2014  school  year such contact hours shall not exceed one million
    44  six hundred forty-nine  thousand  seven  hundred  forty-six  (1,649,746)
    45  hours;  whereas  for the 2014--2015 school year such contact hours shall
    46  not exceed one million  six  hundred  twenty-five  thousand  (1,625,000)
    47  hours;  whereas  for the 2015--2016 school year such contact hours shall
    48  not  exceed  one  million  five  hundred  ninety-nine  thousand  fifteen
    49  (1,599,015)  hours;  whereas for the 2016--2017 school year such contact
    50  hours shall not exceed one million five hundred fifty-one thousand three
    51  hundred twelve (1,551,312).  Notwithstanding any other provision of  law
    52  to  the  contrary,  the  apportionment  calculated  for  the city school
    53  district of the city of New York pursuant to subdivision 11  of  section
    54  3602  of  the  education  law shall be computed as if such contact hours
    55  provided by the consortium for  worker  education,  not  to  exceed  the
    56  contact hours set forth herein, were eligible for aid in accordance with

        S. 6406--C                         24                         A. 9006--C
 
     1  the  provisions  of such subdivision 11 of section 3602 of the education
     2  law.
     3    § 29.  Section 4 of chapter 756 of the laws of 1992, relating to fund-
     4  ing  a  program for work force education conducted by the consortium for
     5  worker education in New York city, is amended by adding a  new  subdivi-
     6  sion u to read as follows:
     7    u.  The  provisions  of  this  subdivision  shall  not apply after the
     8  completion of payments for the 2016--2017 school  year.  Notwithstanding
     9  any  inconsistent  provisions  of law, the commissioner shall withhold a
    10  portion of employment preparation education aid due to the  city  school
    11  district  of  the  city of New York to support a portion of the costs of
    12  the work force education program. Such moneys shall be credited  to  the
    13  elementary  and  secondary  education  fund local assistance account and
    14  shall not exceed thirteen million dollars.
    15    § 30. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
    16  ing  a  program for work force education conducted by the consortium for
    17  worker education in New York city, as amended by section 15 of part A of
    18  chapter 56 of the laws of 2015, is amended to read as follows:
    19    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
    20  repealed on June 30, [2016] 2017.
    21    §  31. Section 99-u of the state finance law, as added by section 2 of
    22  part GG of chapter 59 of the laws of 2013, subdivision 2-a as  added  by
    23  chapter 453 of the laws if 2015, is amended to read as follows:
    24    §  99-u. New York state teen health education fund. 1. There is hereby
    25  established in the joint custody of the state  comptroller  and  commis-
    26  sioner  of  taxation and finance a special [account] fund to be known as
    27  the "New York state teen health education fund".
    28    2. Such fund shall consist of all revenues received by the  department
    29  of  taxation  and  finance,  pursuant  to  the provisions of section six
    30  hundred thirty-c of the tax law and all other moneys appropriated there-
    31  to from any other fund or source pursuant to law. Nothing  contained  in
    32  this  section  shall  prevent  the state from receiving grants, gifts or
    33  bequests for the purposes of the fund as defined  in  this  section  and
    34  depositing them into the fund according to law.
    35    2-a. On or before the first day of February each year, the commission-
    36  er of [health] education shall provide a written report to the temporary
    37  president  of  the  senate, speaker of the assembly, chair of the senate
    38  finance committee, chair of the assembly ways and means committee, chair
    39  of the senate committee on health, chair of the assembly health  commit-
    40  tee, the state comptroller and the public. Such report shall include how
    41  the monies of the fund were utilized during the preceding calendar year,
    42  and shall include:
    43    (i)  the amount of money dispersed from the fund and the award process
    44  used for such disbursements;
    45    (ii) recipients of awards from the fund;
    46    (iii) the amount awarded to each;
    47    (iv) the purposes for which such awards were granted; and
    48    (v) a summary financial plan for such monies which shall include esti-
    49  mates of all receipts and all disbursements for the current and succeed-
    50  ing fiscal years, along with the actual results from  the  prior  fiscal
    51  year.
    52    3. [The moneys in said account shall be retained by the fund and shall
    53  be  released  by  the  commissioner  of  taxation  and finance only upon
    54  certificates signed by the commissioner  of  education  or  his  or  her
    55  designee  and  only  for the purposes set forth in this section.] Moneys
    56  shall be payable from the fund on the audit and  warrant  of  the  comp-

        S. 6406--C                         25                         A. 9006--C
 
     1  troller on vouchers approved and certified by the commissioner of educa-
     2  tion.
     3    4.  The  moneys  in  such  fund  shall  be expended for the purpose of
     4  supplementing educational programs in schools for health  and  awareness
     5  of  issues  facing  teens  today when it comes to their health. Eligible
     6  health programs are  those  with  an  established  curriculum  providing
     7  instruction  on  alcohol,  tobacco  and other drug abuse prevention, the
     8  causes and problems associated with teen obesity, and for  awareness  of
     9  the symptoms of teen endometriosis.
    10    § 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    11  relating  to certain provisions related to the 1994-95 state operations,
    12  aid to localities, capital projects and debt service budgets, as amended
    13  by section 16 of part A of chapter 56 of the laws of 2015, is amended to
    14  read as follows:
    15    1. Sections one through seventy of this act shall be  deemed  to  have
    16  been  in  full  force  and effect as of April 1, 1994 provided, however,
    17  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    18  through seventy of this act shall expire and be deemed repealed on March
    19  31, 2000; provided, however, that section twenty of this act shall apply
    20  only  to  hearings  commenced  prior  to September 1, 1994, and provided
    21  further that section twenty-six of this act shall expire and  be  deemed
    22  repealed  on  March  31,  1997;  and provided further that sections four
    23  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    24  twenty-one-a of this act shall expire and be deemed  repealed  on  March
    25  31,  1997; and provided further that sections three, fifteen, seventeen,
    26  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
    27  deemed repealed on March 31, [2017] 2018.
    28    §  33. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
    29  of 1995, amending the education law and other laws relating to state aid
    30  to school districts and the appropriation of funds for  the  support  of
    31  government, as amended by section 17 of part A of chapter 56 of the laws
    32  of 2015, are amended to read as follows:
    33    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
    34  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
    35  take effect on July 1, 1995; provided, however, that section one hundred
    36  thirteen of this act shall remain in full force and effect until July 1,
    37  [2016] 2017 at which time it shall be deemed repealed;
    38    (24)  sections one hundred eighteen through one hundred thirty of this
    39  act shall be deemed to have been in full force and effect on  and  after
    40  July 1, 1995; provided further, however, that the amendments made pursu-
    41  ant to section one hundred twenty-four of this act shall be deemed to be
    42  repealed on and after July 1, [2016] 2017;
    43    §  34.  Section  12  of  chapter 147 of the laws of 2001, amending the
    44  education law relating to conditional appointment  of  school  district,
    45  charter school or BOCES employees, as amended by section 19 of part A of
    46  chapter 56 of the laws of 2015, is amended to read as follows:
    47    §  12.  This  act shall take effect on the same date as chapter 180 of
    48  the laws of 2000 takes effect, and shall expire July 1, [2016] 2017 when
    49  upon such date the provisions of this act shall be deemed repealed.
    50    § 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
    51  education  law  relating  to  the  provision of supplemental educational
    52  services, attendance at a safe  public  school  and  the  suspension  of
    53  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
    54  amended by section 20 of part A of chapter 56 of the laws  of  2015,  is
    55  amended to read as follows:

        S. 6406--C                         26                         A. 9006--C
 
     1    §  4.  This act shall take effect July 1, 2002 and shall expire and be
     2  deemed repealed June 30, [2016] 2017.
     3    §  36.  Section  5  of  chapter  101 of the laws of 2003, amending the
     4  education law relating to the implementation of the No Child Left Behind
     5  Act of 2001, as amended by section 21 of part A of  chapter  56  of  the
     6  laws of 2015, is amended to read as follows:
     7    §  5.  This  act shall take effect immediately; provided that sections
     8  one, two and three of this act shall expire and be  deemed  repealed  on
     9  June 30, [2016] 2017.
    10    § 37. School bus driver training. In addition to apportionments other-
    11  wise  provided  by section 3602 of the education law, for aid payable in
    12  the 2016--2017 school year, the commissioner of education shall allocate
    13  school bus driver training grants to  school  districts  and  boards  of
    14  cooperative educational services pursuant to sections 3650-a, 3650-b and
    15  3650-c of the education law, or for contracts directly with not-for-pro-
    16  fit  educational  organizations  for  the purposes of this section. Such
    17  payments shall not exceed four hundred thousand dollars  ($400,000)  per
    18  school year.
    19    §  38.  Special apportionment for salary expenses. a.  Notwithstanding
    20  any other provision of law, upon  application  to  the  commissioner  of
    21  education,  not  sooner  than  the first day of the second full business
    22  week of June 2017 and not later than the last  day  of  the  third  full
    23  business week of June 2017, a school district eligible for an apportion-
    24  ment  pursuant to section 3602 of the education law shall be eligible to
    25  receive an apportionment pursuant to this section, for the  school  year
    26  ending  June  30, 2017, for salary expenses incurred between April 1 and
    27  June 30, 2016 and such apportionment shall not exceed the sum of (i) the
    28  deficit reduction assessment of 1990--1991 as determined by the  commis-
    29  sioner of education, pursuant to paragraph f of subdivision 1 of section
    30  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    31  186  percent  of such amount for a city school district in a city with a
    32  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    33  such amount for a city school district in a city with  a  population  of
    34  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    35  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    36  adjustment  for  2010--2011, as determined by the commissioner of educa-
    37  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    38  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    39  education  pursuant  to  subdivision 17 of section 3602 of the education
    40  law, and provided further that such apportionment shall not exceed  such
    41  salary  expenses.  Such  application shall be made by a school district,
    42  after the board of education or trustees have adopted a resolution to do
    43  so and in the case of a city school district in a city with a population
    44  in excess of 125,000 inhabitants, with the approval of the mayor of such
    45  city.
    46    b. The claim for an apportionment to be  paid  to  a  school  district
    47  pursuant  to  subdivision  a  of  this section shall be submitted to the
    48  commissioner of education on a form prescribed  for  such  purpose,  and
    49  shall  be  payable upon determination by such commissioner that the form
    50  has been submitted as prescribed. Such approved amounts shall be payable
    51  on the same day in September of the school year following  the  year  in
    52  which  application  was  made as funds provided pursuant to subparagraph
    53  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    54  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    55  certified  or  approved  by  the commissioner of education in the manner
    56  prescribed by law from moneys in the state lottery  fund  and  from  the

        S. 6406--C                         27                         A. 9006--C
 
     1  general  fund  to  the  extent that the amount paid to a school district
     2  pursuant to this section exceeds the amount, if  any,  due  such  school
     3  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
     4  section  3609-a  of  the  education law in the school year following the
     5  year in which application was made.
     6    c. Notwithstanding the provisions of section 3609-a of  the  education
     7  law, an amount equal to the amount paid to a school district pursuant to
     8  subdivisions  a  and  b of this section shall first be deducted from the
     9  following payments due  the  school  district  during  the  school  year
    10  following  the  year  in which application was made pursuant to subpara-
    11  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    12  section  3609-a of the education law in the following order: the lottery
    13  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    14  followed by the fixed fall payments payable pursuant to subparagraph (4)
    15  of  such  paragraph  and then followed by the district's payments to the
    16  teachers' retirement system pursuant to subparagraph (1) of  such  para-
    17  graph, and any remainder to be deducted from the individualized payments
    18  due  the  district  pursuant to paragraph b of such subdivision shall be
    19  deducted on a chronological basis starting with the earliest payment due
    20  the district.
    21    § 39. Special apportionment for public pension accruals. a.   Notwith-
    22  standing any other provision of law, upon application to the commission-
    23  er  of education, not later than June 30, 2017, a school district eligi-
    24  ble for an apportionment pursuant to section 3602 of the  education  law
    25  shall  be eligible to receive an apportionment pursuant to this section,
    26  for the school year ending June 30, 2017 and  such  apportionment  shall
    27  not  exceed  the  additional  accruals  required  to  be  made by school
    28  districts in the 2004--2005 and 2005--2006 school years associated  with
    29  changes  for  such  public pension liabilities. The amount of such addi-
    30  tional accrual shall be certified to the commissioner  of  education  by
    31  the  president of the board of education or the trustees or, in the case
    32  of a city school district in a city  with  a  population  in  excess  of
    33  125,000  inhabitants,  the mayor of such city. Such application shall be
    34  made by a school district, after the board of education or trustees have
    35  adopted a resolution to do so and in the case of a city school  district
    36  in  a  city with a population in excess of 125,000 inhabitants, with the
    37  approval of the mayor of such city.
    38    b. The claim for an apportionment to be  paid  to  a  school  district
    39  pursuant  to  subdivision  a  of  this section shall be submitted to the
    40  commissioner of education on a form prescribed  for  such  purpose,  and
    41  shall  be  payable upon determination by such commissioner that the form
    42  has been submitted as prescribed. Such approved amounts shall be payable
    43  on the same day in September of the school year following  the  year  in
    44  which  application  was  made as funds provided pursuant to subparagraph
    45  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    46  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    47  certified  or  approved  by  the commissioner of education in the manner
    48  prescribed by law from moneys in the state lottery  fund  and  from  the
    49  general  fund  to  the  extent that the amount paid to a school district
    50  pursuant to this section exceeds the amount, if  any,  due  such  school
    51  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    52  section  3609-a  of  the  education law in the school year following the
    53  year in which application was made.
    54    c. Notwithstanding the provisions of section 3609-a of  the  education
    55  law, an amount equal to the amount paid to a school district pursuant to
    56  subdivisions  a  and  b of this section shall first be deducted from the

        S. 6406--C                         28                         A. 9006--C
 
     1  following payments due  the  school  district  during  the  school  year
     2  following  the  year  in which application was made pursuant to subpara-
     3  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
     4  section  3609-a of the education law in the following order: the lottery
     5  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
     6  followed by the fixed fall payments payable pursuant to subparagraph (4)
     7  of  such  paragraph  and then followed by the district's payments to the
     8  teachers' retirement system pursuant to subparagraph (1) of  such  para-
     9  graph, and any remainder to be deducted from the individualized payments
    10  due  the  district  pursuant to paragraph b of such subdivision shall be
    11  deducted on a chronological basis starting with the earliest payment due
    12  the district.
    13    § 40. a. Notwithstanding any other law,  rule  or  regulation  to  the
    14  contrary,  any moneys appropriated to the state education department may
    15  be suballocated to other state departments or agencies,  as  needed,  to
    16  accomplish the intent of the specific appropriations contained therein.
    17    b.  Notwithstanding any other law, rule or regulation to the contrary,
    18  moneys appropriated to the state education department from  the  general
    19  fund/aid  to  localities,  local  assistance  account-001,  shall be for
    20  payment of financial assistance, as  scheduled,  net  of  disallowances,
    21  refunds, reimbursement and credits.
    22    c.  Notwithstanding any other law, rule or regulation to the contrary,
    23  all moneys appropriated to the state education  department  for  aid  to
    24  localities shall be available for payment of aid heretofore or hereafter
    25  to  accrue  and may be suballocated to other departments and agencies to
    26  accomplish the intent of the specific appropriations contained therein.
    27    d. Notwithstanding any other law, rule or regulation to the  contrary,
    28  moneys  appropriated  to  the  state  education  department  for general
    29  support for public schools may be interchanged with any  other  item  of
    30  appropriation  for general support for public schools within the general
    31  fund local assistance account office of  prekindergarten  through  grade
    32  twelve education programs.
    33    § 41. Notwithstanding the provision of any law, rule, or regulation to
    34  the  contrary,  the  city school district of the city of Rochester, upon
    35  the consent of the board of  cooperative  educational  services  of  the
    36  supervisory  district  serving  its  geographic region may purchase from
    37  such board for the 2016--2017 school year,  as  a  non-component  school
    38  district, services required by article 19 of the education law.
    39    §  42. The amounts specified in this section shall be a set aside from
    40  the state funds which each such district is  receiving  from  the  total
    41  foundation  aid:  for  the  purpose  of  the development, maintenance or
    42  expansion of magnet schools or magnet school programs for the 2016--2017
    43  school year. To the city school district of the city of New  York  there
    44  shall  be  paid  forty-eight  million  one hundred seventy-five thousand
    45  dollars ($48,175,000) including five hundred thousand dollars ($500,000)
    46  for the Andrew Jackson High School; to the Buffalo city school district,
    47  twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
    48  Rochester  city  school district, fifteen million dollars ($15,000,000);
    49  to  the  Syracuse  city  school  district,  thirteen   million   dollars
    50  ($13,000,000);  to  the Yonkers city school district, forty-nine million
    51  five hundred thousand dollars ($49,500,000); to the Newburgh city school
    52  district,  four  million  six  hundred   forty-five   thousand   dollars
    53  ($4,645,000); to the Poughkeepsie city school district, two million four
    54  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
    55  city school district, two  million  dollars  ($2,000,000);  to  the  New
    56  Rochelle  city  school  district,  one million four hundred ten thousand

        S. 6406--C                         29                         A. 9006--C
 
     1  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
     2  million eight hundred thousand dollars ($1,800,000); to the Port Chester
     3  city  school  district,  one  million one hundred fifty thousand dollars
     4  ($1,150,000);  to  the  White  Plains city school district, nine hundred
     5  thousand dollars ($900,000); to the Niagara Falls city school  district,
     6  six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
     7  district,  three   million   five   hundred   fifty   thousand   dollars
     8  ($3,550,000);  to  the  Utica  city school district, two million dollars
     9  ($2,000,000); to the Beacon city school district, five hundred sixty-six
    10  thousand dollars ($566,000); to the  Middletown  city  school  district,
    11  four  hundred  thousand  dollars  ($400,000); to the Freeport union free
    12  school district, four hundred thousand dollars ($400,000); to the Green-
    13  burgh  central  school  district,   three   hundred   thousand   dollars
    14  ($300,000);  to  the Amsterdam city school district, eight hundred thou-
    15  sand dollars ($800,000); to the  Peekskill  city  school  district,  two
    16  hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
    17  district, four hundred thousand dollars ($400,000). Notwithstanding  the
    18  provisions of this section, a school district receiving a grant pursuant
    19  to  this  section may use such grant funds for: (i) any instructional or
    20  instructional support costs associated with the operation  of  a  magnet
    21  school; or (ii) any instructional or instructional support costs associ-
    22  ated  with  implementation  of  an  alternative approach to reduction of
    23  racial isolation and/or enhancement of  the  instructional  program  and
    24  raising  of  standards  in  elementary  and  secondary schools of school
    25  districts having substantial concentrations of  minority  students.  The
    26  commissioner  of  education  shall  not be authorized to withhold magnet
    27  grant funds from a school district that used such  funds  in  accordance
    28  with  this section, notwithstanding any inconsistency with a request for
    29  proposals issued by such commissioner. For  the  purpose  of  attendance
    30  improvement  and  dropout prevention for the 2016--2017 school year, for
    31  any city school district in a city having a population of more than  one
    32  million, the set aside for attendance improvement and dropout prevention
    33  shall  equal  the  amount set aside in the base year. For the 2016--2017
    34  school year, it is further provided that any city school district  in  a
    35  city  having  a  population  of  more than one million shall allocate at
    36  least one-third of any increase from base year levels in funds set aside
    37  pursuant to the requirements of this section to  community-based  organ-
    38  izations.  Any  increase required pursuant to this section to community-
    39  based organizations must be  in  addition  to  allocations  provided  to
    40  community-based  organizations  in  the  base  year.  For the purpose of
    41  teacher support for the 2016--2017  school  year:  to  the  city  school
    42  district  of the city of New York, sixty-two million seven hundred seven
    43  thousand dollars ($62,707,000); to the Buffalo city school district, one
    44  million seven hundred forty-one thousand dollars  ($1,741,000);  to  the
    45  Rochester city school district, one million seventy-six thousand dollars
    46  ($1,076,000);  to  the  Yonkers  city  school  district, one million one
    47  hundred forty-seven thousand dollars ($1,147,000); and to  the  Syracuse
    48  city  school  district,  eight hundred nine thousand dollars ($809,000).
    49  All funds made available to a school district pursuant to  this  section
    50  shall  be  distributed among teachers including prekindergarten teachers
    51  and teachers of adult vocational and  academic  subjects  in  accordance
    52  with  this  section  and  shall be in addition to salaries heretofore or
    53  hereafter negotiated or made  available;  provided,  however,  that  all
    54  funds distributed pursuant to this section for the current year shall be
    55  deemed  to incorporate all funds distributed pursuant to former subdivi-
    56  sion 27 of section 3602 of the education law for prior years.  In school

        S. 6406--C                         30                         A. 9006--C
 
     1  districts where the teachers are represented by certified or  recognized
     2  employee  organizations,  all  salary  increases funded pursuant to this
     3  section  shall  be  determined  by  separate   collective   negotiations
     4  conducted pursuant to the provisions and procedures of article 14 of the
     5  civil  service law, notwithstanding the existence of a negotiated agree-
     6  ment between a school district and a certified  or  recognized  employee
     7  organization.
     8    §  43.  Support  of  public libraries. The moneys appropriated for the
     9  support of public libraries by a chapter of the laws  of  2016  enacting
    10  the  aid  to  localities  budget  shall be apportioned for the 2016-2017
    11  state fiscal year in accordance with the  provisions  of  sections  271,
    12  272,  273,  282,  284,  and  285  of the education law as amended by the
    13  provisions of this chapter and the provisions of this section,  provided
    14  that library construction aid pursuant to section 273-a of the education
    15  law  shall  not  be  payable  from the appropriations for the support of
    16  public libraries and provided further that no library, library system or
    17  program, as defined by the commissioner of education, shall receive less
    18  total system or program aid than it  received  for  the  year  2001-2002
    19  except as a result of a reduction adjustment necessary to conform to the
    20  appropriations  for  support  of  public  libraries. Notwithstanding any
    21  other provision of law to the contrary the moneys appropriated  for  the
    22  support  of  public libraries for the year 2016-2017 by a chapter of the
    23  laws of 2016 enacting the education, labor and family assistance  budget
    24  shall  fulfill  the state's obligation to provide such aid and, pursuant
    25  to a plan developed by the commissioner of education and approved by the
    26  director of the budget, the aid payable to libraries and library systems
    27  pursuant to such appropriations  shall  be  reduced  proportionately  to
    28  assure  that  the  total amount of aid payable does not exceed the total
    29  appropriations for such purpose.
    30    § 44.  Subdivision a of section 5 of chapter 121 of the laws  of  1996
    31  relating  to  authorizing  the  Roosevelt  union free school district to
    32  finance deficits by the issuance of serial bonds, as amended by  section
    33  26-b  of part A of chapter 56 of the laws of 2015, is amended to read as
    34  follows:
    35    a. Notwithstanding any other provisions of law,  upon  application  to
    36  the  commissioner of education submitted not sooner than April first and
    37  not later than June thirtieth of the applicable school year, the  Roose-
    38  velt  union  free school district shall be eligible to receive an appor-
    39  tionment pursuant to this chapter for salary expenses, including related
    40  benefits, incurred between April first and June thirtieth of such school
    41  year.  Such apportionment shall not exceed: for the 1996-97 school  year
    42  through   the  [2015-16]  2016-17  school  year,  four  million  dollars
    43  ($4,000,000); for the  [2016-17]  2017-18  school  year,  three  million
    44  dollars ($3,000,000); for the [2017-18] 2018-19 school year, two million
    45  dollars ($2,000,000); for the [2018-19] 2019-20 school year, one million
    46  dollars  ($1,000,000);  and  for the [2019-20] 2020-21 school year, zero
    47  dollars.   Such annual application shall be  made  after  the  board  of
    48  education  has  adopted  a  resolution to do so with the approval of the
    49  commissioner of education.
    50    § 45.  Paragraph a-1 of subdivision 11 of section 3602 of  the  educa-
    51  tion law, as amended by section 15-a of part A of chapter 56 of the laws
    52  of 2015, is amended to read as follows:
    53    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
    54  sion, for aid payable in the school years two thousand--two thousand one
    55  through two thousand nine--two thousand ten, and two  thousand  eleven--
    56  two thousand twelve through two thousand [fifteen] sixteen--two thousand

        S. 6406--C                         31                         A. 9006--C
 
     1  [sixteen]  seventeen,  the  commissioner  may set aside an amount not to
     2  exceed two million five hundred thousand dollars from the  funds  appro-
     3  priated  for  purposes  of  this  subdivision for the purpose of serving
     4  persons  twenty-one  years of age or older who have not been enrolled in
     5  any school for the preceding school year,  including  persons  who  have
     6  received  a  high  school diploma or high school equivalency diploma but
     7  fail to demonstrate basic educational competencies as defined  in  regu-
     8  lation  by  the  commissioner,  when  measured  by accepted standardized
     9  tests, and who shall be eligible to attend employment preparation educa-
    10  tion programs operated pursuant to this subdivision.
    11    § 46. The commissioner of education is hereby authorized and  directed
    12  to  examine  the process for determining the number of eligible students
    13  in the federal and state free and reduced price lunch program  that  are
    14  used  to  calculate  aid  under  section  3602  of the education law for
    15  districts that are participating in the community eligibility  provision
    16  program  authorized  by  the  Healthy,  Hunger-Free Kids Act of 2010 and
    17  prepare a report of recommendations that would ensure  a  more  accurate
    18  representation  of  this population for use in such education aid formu-
    19  lae. In developing such recommendations the commissioner  shall  consult
    20  with  impacted districts, including city school districts of cities with
    21  one hundred twenty-five thousand inhabitants or more.  Provided further,
    22  in developing such recommendations, the commissioner shall examine other
    23  reliable measures of student poverty. The report shall be  submitted  to
    24  the  director of the budget, the chairs of the senate finance committee,
    25  the assembly ways and means committee, the senate  education  committee,
    26  and the assembly education committee on or before October 1, 2016.
    27    §  47. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
    28  section 3602 of the education law, as amended by section 7-a of  part  A
    29  of chapter 56 of the laws of 2015, is amended to read as follows:
    30    (c)  At  the  end  of each ten year segment of an assumed amortization
    31  established pursuant to subparagraphs two, three and four of this  para-
    32  graph,  or  in  the  [two  thousand sixteen--two thousand seventeen] two
    33  thousand seventeen--two thousand eighteen school year  in  the  case  of
    34  assumed  amortizations  whose ten year segment ends prior to such school
    35  year, the commissioner shall revise the remaining  scheduled  semiannual
    36  payments of the outstanding principal and interest of such assumed amor-
    37  tization, other than the outstanding principal and interest of refunding
    38  bonds  where the district can demonstrate to the commissioner that it is
    39  precluded by state or federal law, rule or regulation  from  refinancing
    40  such  outstanding  principal  and  interest, based on the interest rates
    41  applicable for the current year if the difference of the  interest  rate
    42  upon  which the existing assumed amortization is based minus such inter-
    43  est rate applicable for the current year is equal to or greater than one
    44  quarter of one-one hundredth. Provided however, in the case  of  assumed
    45  amortization  whose  ten  year  segment ended prior to the [two thousand
    46  sixteen--two thousand seventeen] two  thousand  seventeen--two  thousand
    47  eighteen  school  year  the  next  ten  year  segment shall be deemed to
    48  commence with the [two thousand  sixteen--two  thousand  seventeen]  two
    49  thousand  seventeen--two  thousand  eighteen school year. The department
    50  shall notify school districts of projects subject to the  provisions  of
    51  this  clause  by  no later than December first next preceding the school
    52  year in which the assumed amortization is scheduled to be revised pursu-
    53  ant to this clause.
    54    § 48. Notwithstanding any provision of law to the  contrary,  for  the
    55  Sandy  Creek  central  school district having a penalty arising from the
    56  late filing of a final cost report pursuant to section 31 of part  A  of

        S. 6406--C                         32                         A. 9006--C
 
     1  chapter  57  of  the  laws  of  2012  in  the  amount  of  not more than
     2  $4,694,839, the commissioner of education shall recover such penalty  in
     3  five  equal  annual  installments beginning the later of June of 2017 or
     4  June of the school year in which such district is notified of the penal-
     5  ty.  Provided  further  that  such district may elect to make an initial
     6  payment no later than  thirty  days  in  advance  of  the  first  annual
     7  installment which shall reduce the amount of each annual installment.
     8    §  49.  Notwithstanding  any provision of law to the contrary, for the
     9  Newburgh city school district having a penalty  arising  from  the  late
    10  filing  of a final cost report pursuant to section 31 of part A of chap-
    11  ter 57 of the laws of 2012 in the amount of not more  than  $12,747,495,
    12  the  commissioner  of education shall recover such penalty in five equal
    13  annual installments beginning the later of June of 2017 or June  of  the
    14  school  year in which such district is notified of the penalty. Provided
    15  further that such district may elect to make an initial payment no later
    16  than thirty days in advance of the first annual installment which  shall
    17  reduce the amount of each annual installment.
    18    §  50.  Notwithstanding  any provision of law to the contrary, for the
    19  Islip union free school district having a penalty arising from the  late
    20  filing  of a final cost report pursuant to section 31 of part A of chap-
    21  ter 57 of the laws of 2012 in the amount of not  more  than  $1,246,922,
    22  the  commissioner  of education shall recover such penalty in five equal
    23  annual installments beginning the later of June of 2017 or June  of  the
    24  school  year in which such district is notified of the penalty. Provided
    25  further that such district may elect to make an initial payment no later
    26  than thirty days in advance of the first annual installment which  shall
    27  reduce the amount of each annual installment.
    28    §  51.  Notwithstanding  any provision of law to the contrary, for the
    29  Mattituck-Cutchogue union free school district having a penalty  arising
    30  from  the  late  filing of a final cost report pursuant to section 31 of
    31  part A of chapter 57 of the laws of 2012 in the amount of  not more than
    32  $999,823, the commissioner of education shall recover  such  penalty  in
    33  five  equal  annual  installments beginning the later of June of 2017 or
    34  June of the school year in which such district is notified of the penal-
    35  ty.  Provided further that such district may elect to  make  an  initial
    36  payment  no  later  than  thirty  days  in  advance  of the first annual
    37  installment which shall reduce the amount of each annual installment.
    38    § 52. Notwithstanding any provision of the law to  the  contrary,  for
    39  the  Lackawanna  city  school district having a penalty arising from the
    40  late filing of a final cost report pursuant to section 31 of part  A  of
    41  chapter  57 of the laws of 2012 in the amount of not more than $839,524,
    42  the commissioner of education shall recover such penalty in  five  equal
    43  annual  installments  beginning the later of June of 2017 or June of the
    44  school year in which such district is notified of the penalty.  Provided
    45  further that such district may elect to make an initial payment no later
    46  than thirty days in advance of the first annual installment which  shall
    47  reduce the amount of each annual installment.
    48    §  53.  Subdivision 4 of section 3627 of the education law, as amended
    49  by section 1 of part C of chapter 60 of the laws of 2015, is amended  to
    50  read as follows:
    51    4.  Notwithstanding  any  other  provision of law to the contrary, any
    52  expenditures for transportation provided pursuant to this section in the
    53  two thousand thirteen--two thousand fourteen  [and  two  thousand  four-
    54  teen--two  thousand  fifteen]  school  year and thereafter and otherwise
    55  eligible for transportation aid pursuant to subdivision seven of section
    56  thirty-six hundred two of this  article  shall  be  considered  approved

        S. 6406--C                         33                         A. 9006--C
 
     1  transportation   expenses  eligible  for  transportation  aid,  provided
     2  further that for the two thousand thirteen--two thousand fourteen school
     3  year such aid shall be limited to eight  million  one  hundred  thousand
     4  dollars  and  for the two thousand fourteen--two thousand fifteen school
     5  year [and thereafter] such aid shall be limited to  the  sum  of  twelve
     6  million  six  hundred  thousand dollars plus the base amount and for the
     7  two thousand fifteen--two thousand sixteen school  year  and  thereafter
     8  such  aid  shall  be limited to the sum of seventeen million one hundred
     9  thousand dollars plus the base amount. For purposes of this subdivision,
    10  "base amount" means the amount of transportation aid paid to the  school
    11  district for expenditures incurred in the two thousand twelve--two thou-
    12  sand thirteen school year for transportation that would have been eligi-
    13  ble  for aid pursuant to this section had this section been in effect in
    14  such school year, except that subdivision six of this section  shall  be
    15  deemed  not  to  have  been in effect.   And provided further that [such
    16  expenditures eligible for aid under this section  shall  supplement  not
    17  supplant  local expenditures for such transportation in the two thousand
    18  twelve--two thousand thirteen school year]  the  school  district  shall
    19  continue to annually expend for the transportation described in subdivi-
    20  sion  one  of  this  section at least the expenditures used for the base
    21  amount.
    22    § 54. Severability. The provisions of this act shall be severable, and
    23  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    24  section  or  part  of  this  act  to any person or circumstance shall be
    25  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    26  judgment shall not necessarily affect, impair or invalidate the applica-
    27  tion of any such clause, sentence, paragraph, subdivision, section, part
    28  of  this  act  or  remainder  thereof,  as the case may be, to any other
    29  person or circumstance, but shall be confined in its  operation  to  the
    30  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    31  directly involved in the controversy in which such judgment  shall  have
    32  been rendered.
    33    §  55.  This act shall take effect immediately, and shall be deemed to
    34  have been in full force and effect on and after April 1, 2016, provided,
    35  however, that sections one, six, seven, eight, ten, twenty-six,  twenty-
    36  seven,  twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two
    37  of this act shall take effect July 1, 2016; provided, further, that  the
    38  amendments  to  chapter  756 of the laws of 1992, amending the education
    39  law relating to funding a program for work force education conducted  by
    40  a  consortium  for  worker  education  in New York City made by sections
    41  twenty-eight and twenty-nine of this act shall not affect the repeal  of
    42  such  chapter and shall be deemed repealed therewith, provided, further,
    43  that section thirty-three of this act shall take effect immediately  and
    44  shall  be  deemed to have been in full force and effect on and after the
    45  effective date of section 140 of chapter 82 of the laws of 1995.
 
    46                                   PART B
 
    47    Section 1.  Section 2801-a of the education law, as added  by  chapter
    48  181 of the laws of 2000, subdivision 1 as amended  by chapter 380 of the
    49  laws of 2001, is amended to read as follows:
    50    §  2801-a. School safety plans. 1. The board of education or trustees,
    51  as defined in section two of this  chapter,  of  every  school  district
    52  within the state, however created, and every board of cooperative educa-
    53  tional  services and county vocational education and extension board and
    54  the chancellor of the city school district of the city of New York shall

        S. 6406--C                         34                         A. 9006--C
 
     1  adopt and amend a comprehensive district-wide  school  safety  plan  and
     2  building-level [school safety] emergency response plans regarding crisis
     3  intervention,  emergency  response  and management, provided that in the
     4  city  school  district  of  the  city  of  New York, such plans shall be
     5  adopted by the chancellor of the city school district. Such plans  shall
     6  be  developed by a district-wide school safety team and a building-level
     7  [school safety] emergency response team established pursuant to subdivi-
     8  sion four of this section and shall  be  in  a  form  developed  by  the
     9  commissioner  in  consultation  with  the  division  of criminal justice
    10  services, the superintendent of the state police and any other appropri-
    11  ate state agencies. [A school district having only one school  building,
    12  shall  develop  a  single building-level school safety plan, which shall
    13  also fulfill all requirements for development of a district-wide plan.]
    14   The commissioner, in consultation with the superintendent of the  state
    15  police,  is  authorized  to  develop an appeals process from duplicative
    16  requirements of a district-wide school safety plan for school  districts
    17  having only one school building.
    18    2.  Such comprehensive district-wide safety plan shall be developed by
    19  the district-wide school safety team and shall include at a minimum:
    20    a. policies and procedures for responding to implied or direct threats
    21  of violence by students, teachers, other school  personnel  as  well  as
    22  visitors  to  the  school,  including  threats by students against them-
    23  selves, which for the purposes of this section shall include suicide;
    24    b. policies and procedures for  responding  to  acts  of  violence  by
    25  students,  teachers,  other  school personnel as well as visitors to the
    26  school, including consideration of zero-tolerance  policies  for  school
    27  violence;
    28    c. appropriate prevention and intervention strategies such as:
    29    (i)  collaborative  arrangements  with state and local law enforcement
    30  officials, designed to ensure that  school  safety  officers  and  other
    31  security  personnel  are  adequately trained, including being trained to
    32  de-escalate potentially violent  situations,  and  are  effectively  and
    33  fairly recruited;
    34    (ii) non-violent conflict resolution training programs;
    35    (iii) peer mediation programs and youth courts; and
    36    (iv) extended day and other school safety programs;
    37    d.  policies and procedures for contacting appropriate law enforcement
    38  officials in the event of a violent incident;
    39    e. policies  and  procedures  for  contacting  parents,  guardians  or
    40  persons  in  parental  relation  to  the students of the district in the
    41  event of a violent incident and policies and procedures  for  contacting
    42  parents,  guardians  or  persons  in  parental relation to an individual
    43  student of the district in the event of an implied or direct  threat  of
    44  violence  by such student against themselves, which for purposes of this
    45  section shall include suicide;
    46    f. policies and  procedures  relating  to  school  building  security,
    47  including  where  appropriate  the  use of school safety officers and/or
    48  security devices or procedures;
    49    g. policies and procedures for the dissemination of informative  mate-
    50  rials  regarding  the  early detection of potentially violent behaviors,
    51  including but not limited to the identification of family, community and
    52  environmental factors, to teachers,  administrators,  school  personnel,
    53  persons  in  parental relation to students of the district, students and
    54  other persons deemed appropriate to receive such information;
    55    h. policies and procedures for annual school safety training for staff
    56  and students; provided that the district must certify to the commission-

        S. 6406--C                         35                         A. 9006--C
 
     1  er that all staff  have  undergone  annual  training  on  the  emergency
     2  response plan, and that the school safety training include components on
     3  violence  prevention and mental health, such training may be implemented
     4  and  conducted in conjunction with existing professional development and
     5  training; provided however that new employees hired after the  start  of
     6  the  school  year shall receive training within thirty days of such hire
     7  or as part of a district's existing new hire training program, whichever
     8  is sooner;
     9    i. protocols for responding to bomb threats,  hostage-takings,  intru-
    10  sions and kidnappings;
    11    j.  strategies  for improving communication among students and between
    12  students and staff and reporting of potentially violent incidents,  such
    13  as  the  establishment  of  youth-run programs, peer mediation, conflict
    14  resolution, creating a  forum  or  designating  a  mentor  for  students
    15  concerned with bullying or violence and establishing anonymous reporting
    16  mechanisms for school violence; [and]
    17    k.  a  description of the duties of hall monitors and any other school
    18  safety personnel, the training required of all  personnel  acting  in  a
    19  school  security  capacity, and the hiring and screening process for all
    20  personnel acting in a school security capacity; and
    21    1.  the designation of the superintendent, or superintendent's  desig-
    22  nee,  as the district chief emergency officer responsible for coordinat-
    23  ing communication between school staff and  law  enforcement  and  first
    24  responders, and ensuring staff understanding of the district-level safe-
    25  ty  plan.  The  chief  emergency  officer  shall also be responsible for
    26  ensuring the completion and yearly updating of building-level  emergency
    27  response plans.
    28    3. A [school] building level emergency response plan, developed by the
    29  building-level [school safety] emergency response team defined in subdi-
    30  vision  four  of this section, shall be kept confidential, including but
    31  not limited to the floor plans, blueprints, schematics or other maps  of
    32  the  school  interior,  school  grounds  and  road maps of the immediate
    33  surrounding area, and  shall  not  be  disclosed  except  to  authorized
    34  department  or  school  staff,  and  law enforcement officers, and shall
    35  include the following elements:
    36    a. policies and procedures  for  [the  safe  evacuation  of  students,
    37  teachers,  other  school  personnel as well as visitors to the school in
    38  the event of a serious violent incident or other emergency, which  shall
    39  include  evacuation routes and shelter sites and procedures for address-
    40  ing medical needs, transportation and emergency notification to  persons
    41  in  parental  relation  to  a student. For purposes of this subdivision,
    42  "serious violent incident" means an incident of violent criminal conduct
    43  that is, or appears to be, life threatening and warrants the  evacuation
    44  of  students and/or staff, as defined in regulations of the commissioner
    45  developed in conjunction with the division of criminal justice services]
    46  response to emergency situations, such as  those  requiring  evacuation,
    47  sheltering,  and  lock-down. These policies shall include, at a minimum,
    48  evacuation routes, shelter sites, and procedures for addressing  medical
    49  needs,  transportation and emergency notification of parents and guardi-
    50  ans;
    51    b. designation of an  emergency  response  team  comprised  of  school
    52  personnel,  [local] law enforcement officials, fire officials and repre-
    53  sentatives from local regional and/or state emergency response agencies,
    54  other appropriate incident response teams, and a post-incident  response
    55  team  that  includes  appropriate  school  personnel, medical personnel,

        S. 6406--C                         36                         A. 9006--C
 
     1  mental health counselors and others who can assist the school  community
     2  in coping with the aftermath of a violent incident;
     3    c.  [procedures  for assuring that crisis response and law enforcement
     4  officials have access to] floor plans, blueprints, schematics  or  other
     5  maps of the school interior, school grounds and road maps of the immedi-
     6  ate surrounding area;
     7    d.  establishment  of  internal  and external communication systems in
     8  emergencies;
     9    e. definition of the chain of command in a manner consistent with  the
    10  national interagency incident management system/incident command system;
    11    f.  coordination  of  the [school safety] emergency response plan with
    12  the state-wide plan for disaster mental health services to  assure  that
    13  the  school  has  access  to  federal,  state  and  local  mental health
    14  resources in the event of a violent incident;
    15    g. procedures for review and the conduct of drills and other exercises
    16  to test components of the emergency response plan; and
    17    h. policies and procedures for securing and restricting access to  the
    18  crime  scene in order to preserve evidence in cases of violent crimes on
    19  school property.
    20    4. Each district-wide school safety team shall  be  appointed  by  the
    21  board  of  education,  or  the chancellor in the case of the city school
    22  district of the city of New York, and shall include but not  be  limited
    23  to  representatives of the school board, [student,] teacher, administra-
    24  tor, and parent organizations, school safety personnel, and other school
    25  personnel.  At the discretion of the board of education, or the chancel-
    26  lor in the case of the city of New York, a student  may  be  allowed  to
    27  participate  on  the safety team, provided however, that no portion of a
    28  confidential building-level emergency response plan shall be shared with
    29  such student nor shall such student be present where details of a confi-
    30  dential building-level emergency response plan or confidential  portions
    31  of  a  district-wide  emergency  response  strategy  are discussed. Each
    32  building-level  [school  safety]  emergency  response  team   shall   be
    33  appointed  by  the building principal, in accordance with regulations or
    34  guidelines prescribed by the board of  education,  chancellor  or  other
    35  governing  body.  Such  building-level  teams  shall  include but not be
    36  limited to representatives of teacher, administrator, and parent  organ-
    37  izations,  school safety personnel and other school personnel, community
    38  members, [local] law enforcement officials, [local ambulance] fire offi-
    39  cials or other emergency response  agencies,  and  any  other  represen-
    40  tatives the board of education, chancellor or other governing body deems
    41  appropriate.
    42    5. [Each safety plan shall be reviewed by the appropriate school safe-
    43  ty  team  on  at  least  an  annual  basis,  and  updated as needed] The
    44  district-wide safety plan and building-level  emergency  response  plans
    45  shall  be  reviewed  by the appropriate team on at least an annual basis
    46  and updated as needed.
    47    6. Each board of education, chancellor or other governing  body  shall
    48  make  each  district-wide [and building-level school] safety plan avail-
    49  able for public comment at least thirty days  prior  to  its  adoption[,
    50  provided  that  only a summary of each building-level emergency response
    51  plan shall be made available for  public  comment].  Such  district-wide
    52  [and building-level] plans may be adopted by the school board only after
    53  at  least  one  public  hearing  that  provides for the participation of
    54  school personnel, parents, students and any  other  interested  parties.
    55  Each  district  shall  file  a copy of its district-wide [comprehensive]
    56  safety plan with the commissioner and all amendments to such plan  shall

        S. 6406--C                         37                         A. 9006--C
 
     1  be  filed  with  the  commissioner no later than thirty days after their
     2  adoption.
     3    [A]  7. Each board of education, chancellor or other governing body or
     4  officer shall ensure a copy of each  building-level  [safety]  emergency
     5  response plan and any amendments thereto, shall be filed with the appro-
     6  priate  local  law  enforcement  agency and with the state police within
     7  thirty days of its adoption.   Building-level emergency  response  plans
     8  shall be confidential and shall not be subject to disclosure under arti-
     9  cle six of the public officers law or any other provision of law. If the
    10  board  of  education,  chancellor  or other governing body or chancellor
    11  fails to file such plan as required by this  section,  the  commissioner
    12  may,  in an amount determined by the commissioner, withhold public money
    13  from the district until the district is in compliance.
    14    [7. The commissioner may grant a waiver of the  requirements  of  this
    15  section  to  any  school  district  or  board of cooperative educational
    16  services for a period of up to two years from the date of enactment upon
    17  a finding by the commissioner that such district had adopted  a  compre-
    18  hensive  school  safety plan on the effective date of this section which
    19  is in substantial compliance with the requirements of this section.]
    20    8. The commissioner shall annually report  to  the  governor  and  the
    21  legislature  on the implementation and compliance with the provisions of
    22  this section.
    23    9. Whenever it shall have been demonstrated to the satisfaction of the
    24  commissioner that a school district  has  failed  to  adopt  a  code  of
    25  conduct  which  fully satisfies the requirements of section twenty-eight
    26  hundred one of this article, or a  [school  safety  plan]  district-wide
    27  safety  plan  or building-level emergency response plans which satisfies
    28  the requirements of this section, or to faithfully and completely imple-
    29  ment [either or both] all three, the commissioner may,  on  thirty  days
    30  notice  to the district, withhold from the district monies to be paid to
    31  such district for the current school year pursuant to section thirty-six
    32  hundred nine-a of this chapter,  exclusive  of  monies  to  be  paid  in
    33  respect of obligations to the retirement systems for school and district
    34  staff  and  pursuant to collective bargaining agreements, or the commis-
    35  sioner may direct the district to expend up  to  such  amount  upon  the
    36  development  and  implementation  of  a  code  of  conduct  and a school
    37  district safety plan as required by such sections. Prior to  such  with-
    38  holding  or  redirection, the commissioner shall provide the district an
    39  opportunity to  present  evidence  of  extenuating  circumstances;  when
    40  combined  with  evidence  that the district shall promptly comply within
    41  short time frames that shall be established by the commissioner as  part
    42  of  an  agreement between the district and the commissioner, the commis-
    43  sioner may temporarily stay the  withholding  or  redirection  of  funds
    44  pending  implementation  of such agreement. If the district promptly and
    45  fully complies with the agreement and is in full  compliance  with  this
    46  section  and  section  twenty-eight  hundred  one  of  this article, the
    47  commissioner shall abate the withholding in its entirety. Any failure to
    48  meet the obligations of the compliance agreement by the district  within
    49  the time frames established shall be considered a willful violation of a
    50  commissioner's  order  by the members of the district board for purposes
    51  of subdivision one of section three hundred six of  the  education  law.
    52  Notwithstanding  any  other law, rule or regulation, such transfer shall
    53  take effect upon filing of a notice thereof with  the  director  of  the
    54  budget  and the chairs of the senate finance and assembly ways and means
    55  committees.

        S. 6406--C                         38                         A. 9006--C
 
     1    § 2. The section heading and subdivisions 1 and 1-a of section 807  of
     2  the  education law, the section heading as amended by chapter 765 of the
     3  laws of 1964, subdivision 1 as amended by chapter 143  of  the  laws  of
     4  1985  and subdivision 1-a as added by chapter 9 of the laws of 1991, are
     5  amended to read as follows:
     6    Fire  and  emergency drills.  1. It shall be the duty of the principal
     7  or other person in charge of every public or private  school  or  educa-
     8  tional  institution  within  the state, other than colleges or universi-
     9  ties, to instruct and train the pupils by means of drills, so that  they
    10  may in a sudden emergency be able to [leave the school building] respond
    11  appropriately  in  the  shortest  possible time and without confusion or
    12  panic. Such drills [or rapid dismissals] shall be held at  least  twelve
    13  times  in each school year, eight of which required drills shall be held
    14  between September first and December [first] thirty-first of  each  such
    15  year.  [At  least one-third of all such required drills shall be through
    16  use of the fire escapes on buildings where fire escapes are provided. In
    17  the course of at least one such drill, pupils shall be instructed in the
    18  procedure to be followed in the event that a fire  occurs  during  lunch
    19  period, provided however, that such additional instruction may be waived
    20  where  a drill is held during the regular school lunch period.  At least
    21  four] Eight of all such drills shall be evacuation drills, four of which
    22  shall be through use of the fire escapes on buildings where fire escapes
    23  are provided or through the use of identified secondary means of egress.
    24  Four of all such required drills shall  be  lock-down  drills.    Drills
    25  shall  be  conducted at different times of the school day.  Pupils shall
    26  be instructed in the procedure to be followed in the event that  a  fire
    27  occurs  during the lunch period or assembly, provided however, that such
    28  additional instruction may be waived where a drill is  held  during  the
    29  regular  school  lunch period or assembly.  Four additional drills shall
    30  be held in each school year during the hours  after  sunset  and  before
    31  sunrise in school buildings in which students are provided with sleeping
    32  accommodations.    At  least  two additional drills shall be held during
    33  summer school in buildings where summer school is conducted, and one  of
    34  such drills shall be held during the first week of summer school.
    35    1-a.  In  the  case  of  after-school programs, events or performances
    36  which are conducted within a school building and which  include  persons
    37  who do not regularly attend classes in such school building, the princi-
    38  pal  or other person in charge of the building shall require the teacher
    39  or person in charge of such after-school program, event  or  performance
    40  to  notify  persons in attendance at the beginning of each such program,
    41  event or performance, of the procedures to be followed in the  event  of
    42  an emergency so that they may be able to [leave the building] respond in
    43  a timely, orderly manner.
    44    § 3. Subdivision 7 of section 3604 of the education law, as amended by
    45  section  31  of  part B of chapter 57 of the laws of 2007, is amended to
    46  read as follows:
    47    7. No district shall be entitled to any portion of such school  moneys
    48  on  such  apportionment  unless  the  report of the trustees or board of
    49  education for the preceding school  year  shall  show  that  the  public
    50  schools  were actually in session in the district and taught by a quali-
    51  fied teacher or by successive qualified teachers or by qualified  teach-
    52  ers  for  not less than one hundred eighty days. The moneys payable to a
    53  school district pursuant to section thirty-six hundred  nine-a  of  this
    54  chapter  in  the current year shall be reduced by one one-hundred eight-
    55  ieth of the district's total foundation aid for each day less  than  one
    56  hundred  eighty  days  that the schools of the district were actually in

        S. 6406--C                         39                         A. 9006--C
 
     1  session, except that the commissioner may disregard such  reduction,  up
     2  to five days, in the apportionment of public money, if he finds that the
     3  schools  of the district were not in session for one hundred eighty days
     4  because  of  extraordinarily  adverse  weather conditions, impairment of
     5  heating facilities, insufficiency of water  supply,  shortage  of  fuel,
     6  lack  of electricity, natural gas leakage, unacceptable levels of chemi-
     7  cal substances, a credible threat to student safety as reasonably deter-
     8  mined by a lead school official or the destruction of a school  building
     9  either in whole or in part, and if, further, the commissioner finds that
    10  such  district  cannot make up such days of instruction by using for the
    11  secondary grades all scheduled vacation days which occur  prior  to  the
    12  first  scheduled regents examination day in June, and for the elementary
    13  grades all scheduled vacation days which occur prior to the last  sched-
    14  uled  regents examination day in June. For the purposes of this subdivi-
    15  sion, "scheduled vacation days" shall mean days on which the schools  of
    16  the  district  are not in session and for which no prohibition exists in
    17  subdivision eight of this section for them to be in session.
    18    § 4. This act shall take effect July 1, 2016.
 
    19                                   PART C
 
    20                            Intentionally Omitted
 
    21                                   PART D
 
    22    Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
    23  355 of the education law, as amended by chapter 260 of the laws of 2011,
    24  the  opening paragraph as amended by chapter 437 of the laws of 2015 and
    25  clause (ii) as amended by section 1 of part P of chapter 57 of the  laws
    26  of 2012, is amended to read as follows:
    27    (4)  The trustees shall not impose a differential tuition charge based
    28  upon need or  income.  Except  as  hereinafter  provided,  all  students
    29  enrolled  in  programs  leading to like degrees at state-operated insti-
    30  tutions of the state university shall  be  charged  a  uniform  rate  of
    31  tuition  except for differential tuition rates based on state residency.
    32  Provided, however, that the trustees may authorize the presidents of the
    33  colleges of technology and the colleges of agriculture and technology to
    34  set differing rates of tuition for each of  the  colleges  for  students
    35  enrolled  in degree-granting programs leading to an associate degree and
    36  non-degree granting programs so long  as  such  tuition  rate  does  not
    37  exceed  the  tuition  rate  charged to students who are enrolled in like
    38  degree programs or degree-granting undergraduate programs leading  to  a
    39  baccalaureate  degree  at other state-operated institutions of the state
    40  university of New York. Notwithstanding  any  other  provision  of  this
    41  subparagraph, the trustees may authorize the setting of a separate cate-
    42  gory  of  tuition  rate, that shall be greater than the tuition rate for
    43  resident students and  less  than  the  tuition  rate  for  non-resident
    44  students,  only  for  students enrolled in distance learning courses who
    45  are not residents of the state. Except as otherwise authorized  in  this
    46  subparagraph,  the  trustees  shall  not adopt changes affecting tuition
    47  charges prior to the enactment of the annual  budget,  provided  however
    48  that:
    49    (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
    50  academic year and ending  in  the  two  thousand  fifteen--two  thousand
    51  sixteen academic year the state university of New York board of trustees
    52  shall  be  empowered  to  increase  the  resident  undergraduate rate of

        S. 6406--C                         40                         A. 9006--C
 
     1  tuition by not more than three hundred dollars over the resident  under-
     2  graduate  rate  of tuition adopted by the board of trustees in the prior
     3  academic year, provided however that commencing with  the  two  thousand
     4  eleven--two  thousand  twelve  academic year and each year thereafter if
     5  the annual resident undergraduate rate  of  tuition  would  exceed  five
     6  thousand  dollars,  then  a tuition credit for each eligible student, as
     7  determined and  calculated  by  the  New  York  state  higher  education
     8  services  corporation  pursuant  to section six hundred eighty-nine-a of
     9  this title, shall be applied toward the tuition charged for each  semes-
    10  ter,  quarter  or  term  of study. Tuition for each semester, quarter or
    11  term of study shall not be due for any student eligible to receive  such
    12  tuition  credit  until  the  tuition  credit  is  calculated and applied
    13  against the tuition charged for the corresponding semester,  quarter  or
    14  term.
    15    (ii)  On  or before November thirtieth, two thousand eleven, the trus-
    16  tees shall approve and submit to the chairs of  the  assembly  ways  and
    17  means  committee and the senate finance committee and to the director of
    18  the budget a master tuition plan setting forth the  tuition  rates  that
    19  the  trustees  propose  for resident undergraduate students for the five
    20  year period commencing with the two thousand eleven--two thousand twelve
    21  academic year and  ending  in  the  two  thousand  fifteen-two  thousand
    22  sixteen  academic year, and shall submit any proposed amendments to such
    23  plan by November thirtieth of each subsequent  year  thereafter  through
    24  November  thirtieth,  two  thousand  fifteen, and provided further, that
    25  with the approval of the board of trustees, each university  center  may
    26  increase  non-resident undergraduate tuition rates each year by not more
    27  than ten percent over the tuition rates of the prior academic year for a
    28  [five] six year period  commencing  with  the  [semester  following  the
    29  semester in which the governor and the chancellor of the state universi-
    30  ty  of  New  York  approve the NY-SUNY 2020 proposal for such university
    31  center] two thousand  eleven--two  thousand  twelve  academic  year  and
    32  ending  in  the  two  thousand  sixteen--two thousand seventeen academic
    33  year.
    34    (iii) [The state shall appropriate annually and make available general
    35  fund operating support, including fringe benefits, for the state univer-
    36  sity in an amount not less than the amount appropriated and made  avail-
    37  able  to the state university in state fiscal year two thousand eleven--
    38  two thousand twelve.]  Beginning  in  state  fiscal  year  two  thousand
    39  twelve-two  thousand  thirteen  and  [thereafter] ending in state fiscal
    40  year two thousand fifteen--two thousand sixteen, the state shall  appro-
    41  priate  and  make  available  general  fund operating support, including
    42  fringe benefits, for the state university in an amount not less than the
    43  amount appropriated and made available in the prior state  fiscal  year;
    44  provided, however, that if the governor declares a fiscal emergency, and
    45  communicates such emergency to the temporary president of the senate and
    46  speaker  of  the  assembly,  state support for operating expenses at the
    47  state university and city university may be reduced in a manner  propor-
    48  tionate  to  one  another,  and  the aforementioned provisions shall not
    49  apply.
    50    (iv) For the state university fiscal  years  commencing  two  thousand
    51  eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
    52  sand sixteen, each university center may set  aside  a  portion  of  its
    53  tuition  revenues  derived  from  tuition increases to provide increased
    54  financial aid for New York state resident undergraduate  students  whose
    55  net  taxable  income  is  eighty thousand dollars or more subject to the
    56  approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor

        S. 6406--C                         41                         A. 9006--C
 
     1  of  the state university of New York. Nothing in this paragraph shall be
     2  construed as to authorize that students  whose  net  taxable  income  is
     3  eighty  thousand  dollars  or  more  are eligible for tuition assistance
     4  program awards pursuant to section six hundred sixty-seven of this chap-
     5  ter.
     6    §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
     7  law, as amended by chapter 260 of the laws of 2011 and the opening para-
     8  graph as amended by chapter 437 of the laws of 2015, is amended to  read
     9  as follows:
    10    (a)  The  board  of  trustees  shall establish positions, departments,
    11  divisions and faculties; appoint and in accordance with  the  provisions
    12  of  law  fix  salaries  of instructional and non-instructional employees
    13  therein; establish and conduct courses and curricula;  prescribe  condi-
    14  tions of student admission, attendance and discharge; and shall have the
    15  power  to  determine  in its discretion whether tuition shall be charged
    16  and to regulate tuition charges, and  other  instructional  and  non-in-
    17  structional  fees and other fees and charges at the educational units of
    18  the city university. The trustees shall review  any  proposed  community
    19  college  tuition  increase  and the justification for such increase. The
    20  justification provided by the community college for such increase  shall
    21  include  a  detailed  analysis of ongoing operating costs, capital, debt
    22  service expenditures, and all revenues. The trustees shall not impose  a
    23  differential  tuition  charge  based  upon  need or income. All students
    24  enrolled in programs leading to like  degrees  at  the  senior  colleges
    25  shall  be  charged  a  uniform  rate of tuition, except for differential
    26  tuition rates  based  on  state  residency.  Notwithstanding  any  other
    27  provision of this paragraph, the trustees may authorize the setting of a
    28  separate  category  of  tuition  rate,  that  shall  be greater than the
    29  tuition rate for resident students and less than the  tuition  rate  for
    30  non-resident  students,  only for students enrolled in distance learning
    31  courses who are not residents of the state; provided, however, that:
    32    (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
    33  academic  year  and  ending  in  the  two thousand fifteen--two thousand
    34  sixteen academic year, the city university of New York board of trustees
    35  shall be empowered  to  increase  the  resident  undergraduate  rate  of
    36  tuition  by not more than three hundred dollars over the resident under-
    37  graduate rate of tuition adopted by the board of trustees in  the  prior
    38  academic  year,  provided  however that commencing with the two thousand
    39  eleven--two thousand twelve academic year and each  year  thereafter  if
    40  the  annual  resident  undergraduate  rate  of tuition would exceed five
    41  thousand dollars, then a tuition credit for each  eligible  student,  as
    42  determined  and  calculated  by  the  New  York  state  higher education
    43  services corporation pursuant to section six  hundred  eighty-nine-a  of
    44  this  chapter,  shall  be  applied  toward  the tuition charged for each
    45  semester, quarter or term of study.  Tuition for each semester,  quarter
    46  or  term  of  study shall not be due for any student eligible to receive
    47  such tuition credit until the tuition credit is calculated  and  applied
    48  against  the  tuition charged for the corresponding semester, quarter or
    49  term.
    50    (ii) On or before November thirtieth, two thousand eleven,  the  trus-
    51  tees  shall  approve  and  submit to the chairs of the assembly ways and
    52  means committee and the senate finance committee and to the director  of
    53  the  budget  a  master tuition plan setting forth the tuition rates that
    54  the trustees propose for resident undergraduate students  for  the  five
    55  year period commencing with the two thousand eleven--two thousand twelve
    56  academic  year  and  ending  in  the  two thousand fifteen--two thousand

        S. 6406--C                         42                         A. 9006--C
 
     1  sixteen academic year, and shall submit any proposed amendments to  such
     2  plan  by  November  thirtieth of each subsequent year thereafter through
     3  November thirtieth, two thousand fifteen.
     4    (iii)  [The  state shall appropriate annually and make available state
     5  support for operating expenses, including fringe benefits, for the  city
     6  university  in  an amount not less than the amount appropriated and made
     7  available to the city university  in  state  fiscal  year  two  thousand
     8  eleven--two  thousand  twelve.] Beginning in state fiscal year two thou-
     9  sand twelve--two thousand thirteen  and  [thereafter]  ending  in  state
    10  fiscal  year two thousand fifteen--two thousand sixteen, the state shall
    11  appropriate and make available state  support  for  operating  expenses,
    12  including fringe benefits, for the city university in an amount not less
    13  than  the  amount  appropriated  and  made  available in the prior state
    14  fiscal year; provided, however, that if the governor declares  a  fiscal
    15  emergency, and communicates such emergency to the temporary president of
    16  the  senate  and  speaker  of  the assembly, state support for operating
    17  expenses of the state university and city university may be reduced in a
    18  manner proportionate to one another, and the  aforementioned  provisions
    19  shall not apply.
    20    § 3. Intentionally omitted.
    21    § 4. Intentionally omitted.
    22    § 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
    23  tion law and the New York state urban development corporation act relat-
    24  ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
    25  program, as amended by section 65-a of part HH of chapter 57 of the laws
    26  of 2013, is amended to read as follows:
    27    § 16. This act shall take effect July 1, 2011; provided that  sections
    28  one,  two,  three,  four, five, six, eight, nine, ten, eleven, twelve[,]
    29  and thirteen[, fourteen and fifteen] of this  act  shall  expire  [5]  6
    30  years  after  such  effective date when upon such date the provisions of
    31  this act shall be deemed repealed; and provided  further  that  sections
    32  fourteen  and fifteen of this act shall expire 5 years after such effec-
    33  tive date when upon such date the provisions of this act shall be deemed
    34  repealed.
    35    § 6. This act shall take effect immediately; provided that the  amend-
    36  ments  to  subparagraph 4 of paragraph h of subdivision 2 of section 355
    37  of the education law made by section one of this act and the  amendments
    38  to  paragraph  (a) of subdivision 7 of section 6206 of the education law
    39  made by section two of this act shall not affect the expiration of  such
    40  provisions  and  shall  be deemed to expire therewith; provided further,
    41  that if chapter 437 of the laws of 2015 shall not have taken  effect  by
    42  such  effective  date,  then sections one and two of this act shall take
    43  effect on the same day and in the same manner as sections  1  and  3  of
    44  chapter 437 of the laws of 2015, take effect.
 
    45                                   PART E
 
    46    Section  1.  The  state finance law is amended by adding a new section
    47  99-y to read as follows:
    48    § 99-y. SUNY Stony Brook Affiliation escrow fund. 1.   Notwithstanding
    49  any other provision of law, rule, regulation, or practice to the contra-
    50  ry,  there is hereby established in the joint custody of the comptroller
    51  and the chancellor of the state university of New York  (SUNY)  a  trust
    52  and agency fund, to be known as the "SUNY Stony Brook Affiliation escrow
    53  fund" which shall be available without fiscal year limitation.

        S. 6406--C                         43                         A. 9006--C
 
     1    2.  The  SUNY Stony Brook Affiliation escrow fund shall consist of (i)
     2  all monies generated through the activities of Stony Brook at  Southamp-
     3  ton  Hospital,  including  but  not  limited to patient revenue, federal
     4  reimbursement, and other associated revenue sources, (ii) rent  payments
     5  made  by  Stony  Brook  University  Hospital to the Southampton Hospital
     6  Association under a certain lease agreement approved by the director  of
     7  the  budget,  the  office of the New York state attorney general and the
     8  office of the New York state comptroller and (iii) to the extent permit-
     9  ted under the lease agreement referred to  in  paragraph  (ii)  of  this
    10  subdivision,  working  capital advances and capital acquisition advances
    11  made by Stony Brook University  Hospital  to  the  Southampton  Hospital
    12  Association.
    13    3.  Monies  of  the  SUNY Stony Brook Affiliation escrow fund shall be
    14  expended only for the purposes of Stony Brook Hospital at Southampton.
    15    § 2. This act shall take effect immediately.
 
    16                                   PART F
 
    17                            Intentionally Omitted
 
    18                                   PART G
 
    19    Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
    20  2005 amending the education law relating to the New York state  licensed
    21  social  worker loan forgiveness program, as amended by section 1 of part
    22  M of chapter 58 of the laws of 2011, is amended to read as follows:
    23    (a) [section two of this act shall expire and be deemed repealed  June
    24  30,  2016;  and  provided, further that] the amendment to paragraph b of
    25  subdivision 1 of section 679-c and  the  amendment  to  paragraph  2  of
    26  subdivision  a  of  section  679-d of the education law made by sections
    27  three and four of this act shall not affect the repeal of such  sections
    28  and shall be deemed repealed therewith;
    29    §  2.  Section  3 of part V of chapter 57 of the laws of 2005 amending
    30  the education law relating to the New York state  nursing  faculty  loan
    31  forgiveness  incentive  program  and  the New York state nursing faculty
    32  scholarship program, as amended by section 1 of part L of chapter 58  of
    33  the laws of 2011, is amended to read as follows:
    34    §  3.  This  act  shall  take  effect on the same date and in the same
    35  manner as Part H of this chapter; provided that section two of this  act
    36  shall  take  effect on the same date and in the same manner as Part I of
    37  this chapter[; and provided further that this act shall  expire  and  be
    38  deemed repealed on June 30, 2016].
    39    § 3. Section 17  of chapter 31 of the laws of 1985 amending the educa-
    40  tion  law  relating  to  regents scholarships in certain professions, as
    41  amended by section 1 of part K of chapter 58 of the  laws  of  2011,  is
    42  amended to read as follows:
    43    §  17. This act shall take effect immediately; provided, however, that
    44  the scholarship and loan forgiveness programs  established  pursuant  to
    45  the  provisions  of  this  act shall terminate upon the granting of such
    46  awards for the 2008-2009 school year provided, however, that the regents
    47  physician loan forgiveness program  established  pursuant  to  this  act
    48  shall [not terminate until the granting of such awards] continue for the
    49  2015-16  school  year[,  provided  that  the  final  disbursement of any
    50  multi-year awards granted in such school year shall be paid] and  there-
    51  after.

        S. 6406--C                         44                         A. 9006--C

     1    §  4.  Paragraph  a of subdivision 5 of section 679-c of the education
     2  law, as amended by section 1 of part E3 of chapter 57  of  the  laws  of
     3  2007, is amended to read as follows:
     4    a.  The corporation shall convert to a student loan the full amount of
     5  the award given pursuant to this section, plus interest, according to  a
     6  schedule  to  be determined by the corporation if: (1) three years after
     7  the completion of the degree program it is found that an  applicant  did
     8  not begin to provide nursing faculty or clinical nurse faculty services;
     9  (2) if such applicant does not provide nursing faculty or clinical nurs-
    10  ing faculty services for four years within seven years of the completion
    11  of the master's degree program in nursing or doctoral degree; or (3) the
    12  student fails to receive a master's degree in nursing or doctoral degree
    13  that  will  qualify  them as nursing faculty or adjunct clinical faculty
    14  within the three years of receiving the award.  The terms and conditions
    15  of this subdivision shall be deferred for any interruption  in  graduate
    16  or  doctoral  study  or employment as established by the rules and regu-
    17  lations  of  the  corporation.  Any  obligation  to  comply  with   such
    18  provisions as outlined in this section shall be cancelled upon the death
    19  of the recipient.  Notwithstanding any provisions of this subdivision to
    20  the  contrary,  the  corporation  is  authorized to promulgate rules and
    21  regulations to provide for the waiver or  suspension  of  any  financial
    22  obligation which would involve extreme hardship.
    23    §  5.  Subdivision 5 of section 669-d of the education law, as amended
    24  by section 1 of part H1 of chapter 109 of the laws of 2006,  is  amended
    25  to read as follows:
    26    5.  The corporation shall convert to a student loan the full amount of
    27  the award given pursuant to this section, plus interest, according to  a
    28  schedule to be determined by the corporation if: (a) two years after the
    29  completion of the degree program and receipt of initial certification it
    30  is  found  that  a  recipient  is  not  teaching in the field of math or
    31  science in a school located within New York  state  providing  secondary
    32  education  recognized  by  the board of regents or the university of the
    33  state of New York; or (b) a recipient has not taught  in  the  field  of
    34  math  or  science  in  a  school located within New York state providing
    35  secondary education recognized by the board of regents or the university
    36  of the state of  New  York  for  five  of  the  seven  years  after  the
    37  completion  of  the degree program and receipt of initial certification;
    38  or (c) a recipient fails to complete their  degree  program  or  changes
    39  majors to an undergraduate degree program other than in science or math;
    40  or  (d)  a recipient fails to receive or maintain their teaching certif-
    41  icate or license in New York state; or (e) a recipient fails to  respond
    42  to  requests by the corporation for the status of his or her academic or
    43  professional progress.   The terms and conditions  of  this  subdivision
    44  shall  be  deferred  for  any  interruption in undergraduate or graduate
    45  study or employment as established by the rules and regulations  of  the
    46  corporation.  Any  obligation to comply with such provisions as outlined
    47  in this section shall be cancelled upon  the  death  of  the  recipient.
    48  Notwithstanding  any provisions of this subdivision to the contrary, the
    49  corporation is authorized to promulgate rules and regulations to provide
    50  for the waiver or suspension of any  financial  obligation  which  would
    51  involve extreme hardship.
    52    § 6. This act shall take effect immediately.
 
    53                                   PART H
 
    54                            Intentionally Omitted

        S. 6406--C                         45                         A. 9006--C
 
     1                                   PART I
 
     2                            Intentionally Omitted
 
     3                                   PART J
 
     4                            Intentionally Omitted
 
     5                                   PART K
 
     6    Section  1.  Subdivision 1 of section 652 of the labor law, as amended
     7  by section 1 of part P of chapter 57 of the laws of 2013, is amended  to
     8  read as follows:
     9    1.  Statutory.  Every  employer shall pay to each of its employees for
    10  each hour worked a wage of not less than:
    11    $4.25 on and after April 1, 1991,
    12    $5.15 on and after March 31, 2000,
    13    $6.00 on and after January 1, 2005,
    14    $6.75 on and after January 1, 2006,
    15    $7.15 on and after January 1, 2007,
    16    $8.00 on and after December 31, 2013,
    17    $8.75 on and after December 31, 2014,
    18    $9.00 on and after December 31, 2015, and until December 31, 2016, or,
    19  if greater, such other wage as may be established by federal law  pursu-
    20  ant to 29 U.S.C. section 206 or its successors
    21  or  such  other  wage  as  may  be  established  in  accordance with the
    22  provisions of this article.
    23    (a) New York City. (i) Large employers.  Every employer of  eleven  or
    24  more  employees  shall pay to each of its employees for each hour worked
    25  in the city of New York a wage of not less than:
    26    $11.00 per hour on and after December 31, 2016,
    27    $13.00 per hour on and after December 31, 2017,
    28    $15.00 per hour on and after December 31, 2018, or, if  greater,  such
    29  other  wage  as  may be established by federal law pursuant to 29 U.S.C.
    30  section 206 or its successors or such other wage as may  be  established
    31  in accordance with the provisions of this article.
    32    (ii)  Small  employers.  Every employer of ten or less employees shall
    33  pay to each of its employees for each hour worked in  the  city  of  New
    34  York a wage of not less than:
    35    $10.50 per hour on and after December 31, 2016,
    36    $12.00 per hour on and after December 31, 2017,
    37    $13.50 per hour on and after December 31, 2018,
    38    $15.00  per  hour on and after December 31, 2019, or, if greater, such
    39  other wage as may be established by federal law pursuant  to  29  U.S.C.
    40  section  206  or its successors or such other wage as may be established
    41  in accordance with the provisions of this article.
    42    (b) Remainder of downstate. Every employer shall pay to  each  of  its
    43  employees  for  each  hour worked in the counties of Nassau, Suffolk and
    44  Westchester a wage not less than:
    45    $10.00 per hour on and after December 31, 2016,
    46    $11.00 per hour on and after December 31, 2017,
    47    $12.00 per hour on and after December 31, 2018,
    48    $13.00 per hour on and after December 31, 2019,
    49    $14.00 per hour on and after December 31, 2020,
    50    $15.00 per hour on and after December 31, 2021,

        S. 6406--C                         46                         A. 9006--C
 
     1    or, if greater, such other wage as may be established by  federal  law
     2  pursuant  to  29 U.S.C. section 206 or its successors or such other wage
     3  as may be established in accordance with the provisions of this article.
     4    (c)  Remainder  of  state.  Every  employer  shall  pay to each of its
     5  employees for each hour worked outside of the city of New York  and  the
     6  counties of Nassau, Suffolk, and Westchester, a wage of not less than:
     7    $9.70 on and after December 31, 2016,
     8    $10.40 on and after December 31, 2017,
     9    $11.10 on and after December 31, 2018,
    10    $11.80 on and after December 31, 2019,
    11    $12.50 on and after December 31, 2020,
    12    and  on  each following December thirty-first, a wage published by the
    13  commissioner on or before October first, based on the then current mini-
    14  mum wage increased by a percentage determined by  the  director  of  the
    15  budget in consultation with the commissioner, with the result rounded to
    16  the nearest five cents, totaling no more than fifteen dollars, where the
    17  percentage increase shall be based on indices including, but not limited
    18  to,  (i)  the  rate of inflation for the most recent twelve month period
    19  ending June of that year based on the consumer price index for all urban
    20  consumers on a national and seasonally unadjusted basis  (CPI-U),  or  a
    21  successor  index as calculated by the United States department of labor,
    22  (ii) the rate of state personal income growth  for  the  prior  calendar
    23  year, or a successor index, published by the bureau of economic analysis
    24  of  the  United States department of commerce, or (iii) wage growth; or,
    25  if greater, such other wage as may be established by federal law  pursu-
    26  ant to 29 U.S.C. section 206 or its successors or such other wage as may
    27  be established in accordance with the provisions of this article.
    28    (d)  The  rates and schedules established in paragraphs (a) and (b) of
    29  this subdivision shall not be deemed to be the minimum wage  under  this
    30  subdivision  for  purposes of the calculations specified in subdivisions
    31  one and two of section five hundred twenty-seven of this chapter.
    32    § 2. Subdivisions 4 and 5 of section 652 of the labor law, as  amended
    33  by chapter 747 of the laws of 2004, are amended to read as follows:
    34    4.  Notwithstanding subdivisions one and two of this section, the wage
    35  for an employee who is a food service worker receiving tips shall  be  a
    36  cash  wage  of  at  least [three dollars and thirty cents per hour on or
    37  after March thirty-first, two thousand; three  dollars  and  eighty-five
    38  cents  on  or  after  January  first,  two  thousand five; at least four
    39  dollars and thirty-five cents on or after January  first,  two  thousand
    40  six;  and  at  least  four  dollars  and sixty cents on or after January
    41  first, two thousand seven] two-thirds of  the  minimum  wage  rates  set
    42  forth  in  subdivision  one of this section, rounded to the nearest five
    43  cents or seven dollars and fifty cents, whichever  is  higher,  provided
    44  that  the  tips  of  such an employee, when added to such cash wage, are
    45  equal to or exceed the minimum wage in effect  pursuant  to  subdivision
    46  one  of  this  section  and  provided further that no other cash wage is
    47  established pursuant to section six hundred fifty-three of this article.
    48  [In the event the cash wage payable under the Fair Labor  Standards  Act
    49  (29  United  States  Code  Sec. 203 (m), as amended), is increased after
    50  enactment of this subdivision, the cash wage payable under this subdivi-
    51  sion shall automatically be increased by the proportionate  increase  in
    52  the  cash  wage  payable under such federal law, and will be immediately
    53  enforceable as the cash wage payable to food service workers under  this
    54  article.]
    55    5.  Notwithstanding subdivisions one and two of this section, meal and
    56  lodging allowances for a food  service  worker  receiving  a  cash  wage

        S. 6406--C                         47                         A. 9006--C
 
     1  [amounting  to three dollars and thirty cents per hour on or after March
     2  thirty-first, two thousand; three dollars and eighty-five  cents  on  or
     3  after  January  first,  two  thousand five; four dollars and thirty-five
     4  cents  on or after January first, two thousand six; and four dollars and
     5  sixty cents on or after January first, two thousand seven,] pursuant  to
     6  subdivision four of this section shall not increase more than two-thirds
     7  of  the  increase required by subdivision two of this section as applied
     8  to state wage orders in effect  pursuant  to  subdivision  one  of  this
     9  section.
    10    §  3.  Subdivision 6 of section 652 of the labor law is REPEALED and a
    11  new subdivision 6 is added to read as follows:
    12    6. Notwithstanding subdivision one of this section, and  sections  six
    13  hundred  fifty-three  and  six hundred fifty-five of this article, on or
    14  after January first, two thousand nineteen, and each January first ther-
    15  eafter until such time as the minimum wage is  fifteen  dollars  in  all
    16  areas  of the state, the division of budget shall conduct an analysis of
    17  the state of the economy in each region, and the effect of  the  minimum
    18  wage increases listed in this section, to determine whether there should
    19  be  a  temporary  suspension  or  delay in any scheduled increases.   In
    20  conducting its analysis,  the  division  of  budget  shall  consult  the
    21  department,  the  department's  division of research and statistics, the
    22  United States department of labor, the federal reserve bank of New  York
    23  and  other economic experts. The division of budget will reference well-
    24  established economic indexes and accepted  economic  factors,  including
    25  those  set  forth  in section six hundred fifty-four of this article, to
    26  justify and explain its decision.   After  reviewing  such  indexes  and
    27  factors, the division shall determine whether scheduled increases in the
    28  minimum  wage  shall  continue  up to and including fifteen dollars. The
    29  division of budget will issue a report and recommendation to the commis-
    30  sioner, who shall take action on that report and recommendation pursuant
    31  to section six hundred fifty-six of this article.
    32    § 4. Notwithstanding sections 653, 655, 656 and 659 of the labor  law,
    33  the power of the commissioner of labor to appoint, convene, or reconvene
    34  a wage board, and to take action upon the report and recommendation of a
    35  wage  board  shall exclude the power to appoint, convene, or reconvene a
    36  wage board to inquire into, report, and recommend a  wage  that  exceeds
    37  the  highest  rate  listed in section 652 of the labor law as amended by
    38  section one of this act prior to such rate becoming effective, and shall
    39  exclude the power to take action on, adopt, or modify, any prior  recom-
    40  mendation  by  any  wage  board  to establish such wage. Such limitation
    41  shall not preclude such commissioner's power  to  appoint,  convene,  or
    42  reconvene a wage board to inquire into, report and recommend regulations
    43  to carry out the purposes of article 19 of the labor law.
    44    §  5. Notwithstanding subdivision 2 of section 652 and subdivision (2)
    45  of section 653 of the labor law, the commissioner of  labor  may  smooth
    46  wages and modify an existing wage order to conform with subdivision 1 of
    47  section 652 of the labor law, as amended by section one of this act, and
    48  provided  further  that  in  no event may a worker's wages be reduced by
    49  such conformity.
    50    § 6. This act shall take effect immediately.
 
    51                                   PART L
 
    52                            Intentionally Omitted
 
    53                                   PART M

        S. 6406--C                         48                         A. 9006--C
 
     1    Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi-
     2  sion (d) of section 1089 of the family court act, as added by section 27
     3  of part A of chapter 3 of the laws  of  2005,  is  amended  to  read  as
     4  follows:
     5    (G) where a child has or will before the next permanency hearing reach
     6  the age of fourteen, (I) the services and assistance necessary to assist
     7  the  child  in learning independent living skills to assist the child to
     8  make the transition from foster care to successful adulthood;  and  (II)
     9  A.  that  the permanency plan developed for the child in foster care who
    10  has attained the age of fourteen, and any revision or  addition  to  the
    11  plan,  shall  be  developed  in  consultation with the child and, at the
    12  option of the child, with up to two members of  the  child's  permanency
    13  planning  team  who  are  selected by the child and who are not a foster
    14  parent of, or the case worker, case planner or  case  manager  for,  the
    15  child except that the local commissioner of social services with custody
    16  of  the  child may reject an individual so selected by the child if such
    17  local commissioner has good cause to believe that the  individual  would
    18  not  act  in the best interests of the child, and B. that one individual
    19  so selected by the child may be designated to  be  the  child's  advisor
    20  and,  as  necessary,  advocate,  with  respect to the application of the
    21  reasonable and prudent parent standard to the child; and
    22    § 2. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
    23  court  act, as amended by section 17 of part L of chapter 56 of the laws
    24  of 2015, is amended to read as follows:
    25    (b) in the case of a respondent who has attained the age of  fourteen,
    26  (i)  the  services  needed, if any, to assist the respondent to make the
    27  transition from foster care to [independent  living]  successful  adult-
    28  hood; and (ii)(A) that the permanency plan developed for the respondent,
    29  and  any revision or addition to the plan, shall be developed in consul-
    30  tation with the respondent and, at the option of the respondent, with up
    31  to two members of the respondent's  permanency  planning  team  who  are
    32  selected  by  the respondent and who are not a foster parent of, or case
    33  worker, case planner or case manager for, the  child,  except  that  the
    34  local  commissioner of social services with custody of the respondent or
    35  the commissioner of the office of children and family services  if  such
    36  office  has  custody of the respondent may reject an individual selected
    37  by the respondent if such commissioner has good cause  to  believe  that
    38  the  individual  would  not act in the best interests of the respondent,
    39  and (B) that one individual so selected by the respondent may be  desig-
    40  nated  to  be the respondent's advisor and, as necessary, advocate, with
    41  respect  to  the  application  of  the  reasonable  and  prudent  parent
    42  standard;
    43    §  3. Paragraph (ii) of subdivision (d) of section 756-a of the family
    44  court act, as amended by section 22 of part L of chapter 56 of the  laws
    45  of 2015, is amended to read as follows:
    46    (ii)  in the case of a child who has attained the age of fourteen, (A)
    47  the services needed, if any, to assist the child to make the  transition
    48  from  foster  care  to  [independent  living]  successful adulthood; and
    49  (B)(1) that the  permanency  plan  developed  for  the  child,  and  any
    50  revision or addition to the plan shall be developed in consultation with
    51  the  child  and,  at  the option of the child, with up to two additional
    52  members of the child's permanency planning team who are selected by  the
    53  child  and  who are not a foster parent of, or case worker, case planner
    54  or case manager for, the child, except that the  local  commissioner  of
    55  social  services  with  custody of the child may reject an individual so
    56  selected by the child if such commissioner has  good  cause  to  believe

        S. 6406--C                         49                         A. 9006--C
 
     1  that  the  individual  would not act in the best interests of the child,
     2  and (2) that one individual so selected by the child may  be  designated
     3  to  be  the  child's advisor and, as necessary, advocate with respect to
     4  the application of the reasonable and prudent parent standard;
     5    § 4. Subdivisions 1 and 2 of section 458-c of the social services law,
     6  as  added  by section 4 of part F of chapter 58 of the laws of 2010, are
     7  amended to read as follows:
     8    1. A social services official shall make  payments  for  non-recurring
     9  guardianship  expenses  incurred  by  or  on  behalf of the relatives or
    10  successor guardians who have been approved by the social services  offi-
    11  cial  to  receive  kinship  guardianship  assistance payments, when such
    12  expenses are incurred in connection with assuming the guardianship of  a
    13  foster  child or a former foster child in regard to successor guardians.
    14  The agreement for the payment  of  non-recurring  guardianship  expenses
    15  must be reflected in the written agreement set forth in subdivision four
    16  of  section four hundred fifty-eight-b of this title. In accordance with
    17  subdivision two of this section, the  payments  shall  be  made  by  the
    18  social services official either to the relative or successor guardian or
    19  guardians  directly  or  to  an  attorney  on  behalf of the relative or
    20  successor guardian or guardians, as applicable, for the allowable amount
    21  of non-recurring  guardianship  expenses  incurred  in  connection  with
    22  obtaining such guardianship.
    23    2.  The  amount of the payment made pursuant to this section shall not
    24  exceed  two  thousand  dollars  for  each  foster  child  for  whom  the
    25  relatives, or each former foster child for whom the successor guardians,
    26  seek  guardianship or permanent guardianship and shall be available only
    27  for those expenses that are determined to be eligible for  reimbursement
    28  by  the  social  services official in accordance with the regulations of
    29  the office of children and family services.
    30    § 5. The social services law is amended by adding a new section  383-a
    31  to read as follows:
    32    § 383-a. Immunity from liability for application of the reasonable and
    33  prudent parent standard.  1. Legislative intent. It is the intent of the
    34  legislature  to promote a safe and nurturing environment for children in
    35  foster care that, among other things, allows them to engage in  age  and
    36  developmentally  appropriate activities with their peers. It is also the
    37  intent of the legislature to encourage caregivers to allow foster  chil-
    38  dren  to participate in such activities by providing training, guidance,
    39  and appropriate liability protections when  caregivers  make  reasonable
    40  and  prudent  decisions  with  regard  to such activities. It is not the
    41  intent of the legislature to relieve caregivers or any other  person  of
    42  any duty or responsibility owed to a foster child.
    43    2.  Definitions.  As  used  in this section, the following terms shall
    44  have the following meanings:
    45    (a) "Caregiver" shall mean the following person or entity at the  time
    46  that  such  person  or entity was responsible for the care of the foster
    47  child or children:
    48    (i) a foster parent who has been trained in the reasonable and prudent
    49  parent standard in accordance with 42 U.S.C.  671  as  amended  by  P.L.
    50  113-183  and  the  regulations  of  the  office  of  children and family
    51  services; or
    52    (ii) the employee of a child care facility operated by  an  authorized
    53  agency  that  is  designated  to apply the reasonable and prudent parent
    54  standard who has been trained in the reasonable and prudent parent stan-
    55  dard in accordance with 42 U.S.C. 671 as amended by P.L. 113-183 and the
    56  regulations of the office of children and family services.

        S. 6406--C                         50                         A. 9006--C
 
     1    (b) "Child" shall mean a child who is in foster care  or  who  was  in
     2  foster  care  at the time the reasonable and prudent parent standard was
     3  applied.
     4    (c)  "Child care facility" shall mean an institution, group residence,
     5  group home, agency operated boarding  home,  or  supervised  independent
     6  living program.
     7    (d) "Reasonable and prudent parent standard" shall mean, in accordance
     8  with  42  U.S.C. 675 as amended by P.L. 113-183, the standard character-
     9  ized by careful  and  sensible  parental  decisions  that  maintain  the
    10  health,  safety,  and  best  interests of a child while at the same time
    11  encouraging the emotional and developmental growth of the child  that  a
    12  caregiver  shall use when determining whether to allow a child in foster
    13  care to participate in extracurricular, enrichment, cultural  or  social
    14  activities.
    15    (e) "Age or developmentally-appropriate" shall mean:
    16    (i)  activities  or  items that are generally accepted as suitable for
    17  children of the same chronological age or level of maturity or that  are
    18  determined  to  be developmentally-appropriate for a child, based on the
    19  development of cognitive, emotional, physical, and behavioral capacities
    20  that are typical for an age or age group; and
    21    (ii) in the case of a specific child, activities  or  items  that  are
    22  suitable  for the child based on the developmental stage attained by the
    23  child with respect to the cognitive, emotional, physical, and behavioral
    24  capacities of the child.
    25    3. Caregivers shall apply the reasonable and prudent  parent  standard
    26  when  deciding whether or not to allow a child in foster care to partic-
    27  ipate in age or developmentally appropriate extracurricular, enrichment,
    28  cultural, or social activities. Where such decisions require  the  input
    29  or  permission  of  a local department of social services or a voluntary
    30  authorized agency, such  department  or  agency  shall  also  apply  the
    31  reasonable  and  prudent  parent  standard  in  making  a decision about
    32  participation in such activities.
    33    4. Whether or not a caregiver is liable for injuries to the child that
    34  occur as a result of participation in age or developmentally appropriate
    35  extracurricular, enrichment, cultural, or  social  activities  shall  be
    36  determined  based  upon whether such decision to allow participation was
    37  made in compliance with the standard defined in paragraph (d) of  subdi-
    38  vision  two  of  this  section and any other factors as required by law.
    39  Where such child is injured as a result of the decision to allow partic-
    40  ipation in such activities, a caregiver shall not  be  liable  for  such
    41  injuries if the decision to allow such participation was made in compli-
    42  ance  with the reasonable and prudent parent standard as set forth here-
    43  in. Provided however nothing in this section shall otherwise  limit  the
    44  ability  of  a child to bring an action against a caregiver or any other
    45  party whose acts or omissions result in injury to such  child.  Where  a
    46  local  department  of social services or voluntary authorized agency has
    47  made or been involved in the decisions under subdivision three  of  this
    48  section,  the  liability  standards  for  caregivers shall apply to such
    49  district or agency.
    50    § 6. The opening paragraph  of  paragraph  (e)  of  subdivision  2  of
    51  section  378-a  of  the social services law, as amended by section 10 of
    52  part L of chapter 56 of the laws of 2015, is amended to read as follows:
    53    [After] Except as set forth in paragraph (m) of  this  section,  after
    54  reviewing  any criminal history record information provided by the divi-
    55  sion of criminal justice services, the office  of  children  and  family

        S. 6406--C                         51                         A. 9006--C

     1  services  shall  promptly  notify  the  authorized agency or other state
     2  agency that:
     3    §  7.  Subdivision  2  of  section 378-a of the social services law is
     4  amended by adding a new paragraph (m) to read as follows:
     5    (m)(1) The office of children and family services  shall  not  release
     6  the  content  of  the  results of the nationwide criminal history record
     7  check conducted by the federal bureau  of  investigation  in  accordance
     8  with  this subdivision to an authorized agency, as defined in paragraphs
     9  (a) or (c) of subdivision ten of section three  hundred  seventy-one  of
    10  this title.
    11    (2)  For  any application made to such an authorized agency under this
    12  subdivision, the office of children and family services shall:
    13    (A) review and evaluate the results of the nationwide criminal history
    14  record check of the  prospective  foster  parent,  prospective  adoptive
    15  parent  and any other person over the age of eighteen who resides in the
    16  home of such applicant in accordance with the  standards  set  forth  in
    17  paragraph  (e)  of  this subdivision relating to mandatory disqualifying
    18  convictions, hold in abeyance charges or convictions, and  discretionary
    19  charges and convictions; and
    20    (B)  based  on  the  results of the nationwide criminal history record
    21  check, inform such authorized agency that the  application  for  certif-
    22  ication  or approval of the prospective foster parent or the prospective
    23  adoptive parent either: (i) must be denied; (ii) must be held  in  abey-
    24  ance  pending  subsequent  notification  from the office of children and
    25  family services; or  (iii)  that  the  office  of  children  and  family
    26  services  has  no  objection,  solely  based  on the nationwide criminal
    27  history record check, for the authorized agency to proceed with a deter-
    28  mination on such application based on the standards for certification or
    29  approval of a prospective foster parent or prospective adoptive  parent,
    30  as  set  forth  in  the regulations of the office of children and family
    31  services.
    32    (3) Where the office of  children  and  family  services  directs  the
    33  authorized agency to deny the application of a prospective foster parent
    34  or  a prospective adoptive parent in accordance with this paragraph, the
    35  office of children and family services shall also notify the prospective
    36  foster parent, prospective adoptive parent or other person over the  age
    37  of  eighteen  who  resided  in  the home of the applicant whose criminal
    38  history was the basis for the denial and shall provide such  prospective
    39  foster parent, prospective adoptive parent or other person a copy of the
    40  results  of the nationwide criminal history record check upon which such
    41  denial was based and a written statement setting forth the  reasons  for
    42  such  denial. If the applicant is disqualified under item (ii) of clause
    43  (A) of subparagraph one of paragraph (e) of this subdivision,  then  the
    44  applicant may apply for relief from the mandatory disqualification based
    45  on  the  grounds  that the offense was not spousal abuse as that term is
    46  defined in paragraph (j) of this subdivision.
    47    (4) This paragraph does  not  apply  to  nationwide  criminal  history
    48  record checks conducted by the federal bureau of investigation on behalf
    49  of state agencies or authorized agencies, as defined in paragraph (b) of
    50  subdivision  ten  of section three hundred seventy-one of this title, or
    51  to the results of statewide criminal history record checks conducted  by
    52  the division of criminal justice services.
    53    §  8.  Severability.  If any clause, sentence, paragraph, subdivision,
    54  section or part contained in any part of this act shall be  adjudged  by
    55  any  court of competent jurisdiction to be invalid, such judgement shall
    56  not affect, impair, or invalidate the remainder thereof,  but  shall  be

        S. 6406--C                         52                         A. 9006--C
 
     1  confined  in  its operation to the clause, sentence, paragraph, subdivi-
     2  sion, section or part contained in any part thereof directly involved in
     3  the controversy in which such judgment shall have been rendered.  It  is
     4  hereby  declared to be the intent of the legislature that this act would
     5  have been enacted even if such invalid provisions had not been  included
     6  herein.
     7    §  9.  This  act  shall take effect immediately, provided however that
     8  sections six and seven of this act shall take effect on the two  hundred
     9  seventieth day after it shall have become a law.
 
    10                                   PART N
 
    11                            Intentionally Omitted

    12                                   PART O
 
    13    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    14  section 131-o of the social services law, as amended  by  section  1  of
    15  part  I  of  chapter  56  of  the  laws  of 2015, are amended to read as
    16  follows:
    17    (a) in the case of each individual receiving family  care,  an  amount
    18  equal  to  at least $141.00 for each month beginning on or after January
    19  first, two thousand [fifteen] sixteen.
    20    (b) in the case of each  individual  receiving  residential  care,  an
    21  amount  equal  to  at least $163.00 for each month beginning on or after
    22  January first, two thousand [fifteen] sixteen.
    23    (c) in the case of  each  individual  receiving  enhanced  residential
    24  care, an amount equal to at least $193.00 for each month beginning on or
    25  after January first, two thousand [fifteen] sixteen.
    26    (d)  for  the  period commencing January first, two thousand [sixteen]
    27  seventeen, the monthly personal needs allowance shall be an amount equal
    28  to the sum of the amounts set forth in subparagraphs one and two of this
    29  paragraph:
    30    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    31  subdivision; and
    32    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    33  the percentage of any  federal  supplemental  security  income  cost  of
    34  living adjustment which becomes effective on or after January first, two
    35  thousand  [sixteen] seventeen, but prior to June thirtieth, two thousand
    36  [sixteen] seventeen, rounded to the nearest whole dollar.
    37    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    38  section  209 of the social services law, as amended by section 2 of part
    39  I of chapter 56 of the laws of 2015, are amended to read as follows:
    40    (a) On and after January first, two thousand [fifteen] sixteen, for an
    41  eligible individual living alone, $820.00; and for  an  eligible  couple
    42  living alone, $1204.00.
    43    (b) On and after January first, two thousand [fifteen] sixteen, for an
    44  eligible  individual  living with others with or without in-kind income,
    45  $756.00; and for an eligible couple living with others with  or  without
    46  in-kind income, $1146.00.
    47    (c)  On  and  after January first, two thousand [fifteen] sixteen, (i)
    48  for an eligible individual receiving family care, $999.48 if he  or  she
    49  is  receiving such care in the city of New York or the county of Nassau,
    50  Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
    51  receiving  family  care in the city of New York or the county of Nassau,
    52  Suffolk, Westchester or Rockland, two times  the  amount  set  forth  in

        S. 6406--C                         53                         A. 9006--C
 
     1  subparagraph  (i) of this paragraph; or (iii) for an eligible individual
     2  receiving such care in any other county in the state, $961.48; and  (iv)
     3  for  an  eligible  couple receiving such care in any other county in the
     4  state,  two  times  the  amount  set forth in subparagraph (iii) of this
     5  paragraph.
     6    (d) On and after January first, two thousand  [fifteen]  sixteen,  (i)
     7  for an eligible individual receiving residential care, $1168.00 if he or
     8  she  is  receiving  such  care  in the city of New York or the county of
     9  Nassau, Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible
    10  couple  receiving residential care in the city of New York or the county
    11  of Nassau, Suffolk, Westchester or Rockland, two times  the  amount  set
    12  forth  in  subparagraph  (i) of this paragraph; or (iii) for an eligible
    13  individual receiving such  care  in  any  other  county  in  the  state,
    14  $1138.00;  and  (iv)  for  an eligible couple receiving such care in any
    15  other county in the state, two times the amount set  forth  in  subpara-
    16  graph (iii) of this paragraph.
    17    (e)  (i)  On  and after January first, two thousand [fifteen] sixteen,
    18  for  an  eligible  individual  receiving  enhanced   residential   care,
    19  $1427.00; and (ii) for an eligible couple receiving enhanced residential
    20  care,  two  times the amount set forth in subparagraph (i) of this para-
    21  graph.
    22    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    23  vision shall be increased to reflect any increases  in  federal  supple-
    24  mental  security income benefits for individuals or couples which become
    25  effective on or after January first, two  thousand  [sixteen]  seventeen
    26  but prior to June thirtieth, two thousand [sixteen] seventeen.
    27    § 3. This act shall take effect December 31, 2016.
 
    28                                   PART P
 
    29    Section  1.  Notwithstanding  any  other provision of law, the housing
    30  trust fund corporation may provide, for purposes  of  the  rural  rental
    31  assistance  program,  a sum not to exceed twenty-two million two hundred
    32  ninety-two thousand dollars for the fiscal year ending March  31,  2017.
    33  Notwithstanding  any other provision of law, and subject to the approval
    34  of the New York state director of the budget, the board of directors  of
    35  the  state  of  New York mortgage agency shall authorize the transfer to
    36  the housing trust fund corporation, for the purposes of reimbursing  any
    37  costs  associated with rural rental assistance program contracts author-
    38  ized by this section, a total sum not to exceed twenty-two  million  two
    39  hundred  ninety-two  thousand dollars, such transfer to be made from (i)
    40  the special account of the mortgage insurance fund created  pursuant  to
    41  section 2429-b of the public authorities law, in an amount not to exceed
    42  the  actual excess balance in the special account of the mortgage insur-
    43  ance fund, as determined and certified by the state of New York mortgage
    44  agency for the fiscal year 2015-2016 in accordance with  section  2429-b
    45  of  the  public  authorities  law, if any, and/or (ii) provided that the
    46  reserves in the project pool insurance account of the mortgage insurance
    47  fund created pursuant to section 2429-b of the  public  authorities  law
    48  are  sufficient  to attain and maintain the credit rating (as determined
    49  by the state of New York mortgage agency)  required  to  accomplish  the
    50  purposes  of  such  account,  the  project pool insurance account of the
    51  mortgage insurance fund, such transfer to be made as soon as practicable
    52  but no later than June 30, 2016.  Notwithstanding any other provision of
    53  law, such funds may be used by the corporation in support  of  contracts
    54  scheduled to expire in the fiscal year ending March 31, 2017 for as many

        S. 6406--C                         54                         A. 9006--C

     1  as  10  additional  years;  in  support  of  contracts  for new eligible
     2  projects for a period not to exceed 5 years; and in support of contracts
     3  which reach their 25 year maximum in and/or prior  to  the  fiscal  year
     4  ending March 31, 2017 for an additional one year period.
     5    §  2.  Notwithstanding any other provision of law, the housing finance
     6  agency may provide, for costs  associated  with  the  rehabilitation  of
     7  Mitchell  Lama  housing  projects, a sum not to exceed forty-two million
     8  dollars for the fiscal year ending March 31, 2017.  Notwithstanding  any
     9  other  provision  of  law,  and  subject to the approval of the New York
    10  state director of the budget, the board of directors of the state of New
    11  York mortgage agency shall authorize the transfer to the housing finance
    12  agency, for the purposes of reimbursing any costs associated with  Mitc-
    13  hell  Lama  housing projects authorized by this section, a total sum not
    14  to exceed forty-two million dollars, such transfer to be made  from  (i)
    15  the  special  account of the mortgage insurance fund created pursuant to
    16  section 2429-b of the public authorities law, in an amount not to exceed
    17  the actual excess balance in the special account of the mortgage  insur-
    18  ance fund, as determined and certified by the state of New York mortgage
    19  agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
    20  of the public authorities law, if any, and/or  (ii)  provided  that  the
    21  reserves in the project pool insurance account of the mortgage insurance
    22  fund  created  pursuant  to section 2429-b of the public authorities law
    23  are sufficient to attain and maintain the credit rating  (as  determined
    24  by  the  state  of  New York mortgage agency) required to accomplish the
    25  purposes of such account, the project  pool  insurance  account  of  the
    26  mortgage insurance fund, such transfer to be made as soon as practicable
    27  but no later than March 31, 2017.
    28    §  3.  Notwithstanding  any  other provision of law, the housing trust
    29  fund corporation may provide, for purposes of the neighborhood preserva-
    30  tion program, a sum not to exceed eight million  nine  hundred  seventy-
    31  nine thousand dollars for the fiscal year ending March 31, 2017.  Within
    32  this  total  amount one hundred fifty thousand dollars shall be used for
    33  the purpose of entering into a contract with the neighborhood  preserva-
    34  tion coalition to provide technical assistance and services to companies
    35  funded  pursuant  to  article  XVI  of  the private housing finance law.
    36  Notwithstanding any other provision of law, and subject to the  approval
    37  of  the New York state director of the budget, the board of directors of
    38  the state of New York mortgage agency shall authorize  the  transfer  to
    39  the  housing trust fund corporation, for the purposes of reimbursing any
    40  costs  associated  with  neighborhood  preservation  program   contracts
    41  authorized by this section, a total sum not to exceed eight million nine
    42  hundred seventy-nine thousand dollars, such transfer to be made from (i)
    43  the  special  account of the mortgage insurance fund created pursuant to
    44  section 2429-b of the public authorities law, in an amount not to exceed
    45  the actual excess balance in the special account of the mortgage  insur-
    46  ance fund, as determined and certified by the state of New York mortgage
    47  agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
    48  of the public authorities law, if any, and/or  (ii)  provided  that  the
    49  reserves in the project pool insurance account of the mortgage insurance
    50  fund  created  pursuant  to section 2429-b of the public authorities law
    51  are sufficient to attain and maintain the credit rating  (as  determined
    52  by  the  state  of  New York mortgage agency) required to accomplish the
    53  purposes of such account, the project  pool  insurance  account  of  the
    54  mortgage insurance fund, such transfer to be made as soon as practicable
    55  but no later than June 30, 2016.

        S. 6406--C                         55                         A. 9006--C
 
     1    §  4.  Notwithstanding  any  other provision of law, the housing trust
     2  fund corporation may provide, for purposes  of  the  rural  preservation
     3  program,  a  sum  not  to exceed three million seven hundred thirty-nine
     4  thousand dollars for the fiscal year ending March 31, 2017.  Within this
     5  total  amount  one  hundred fifty thousand dollars shall be used for the
     6  purpose of entering into a contract with the rural housing coalition  to
     7  provide  technical  assistance and services to companies funded pursuant
     8  to article XVII of the private housing finance law.  Notwithstanding any
     9  other provision of law, and subject to the  approval  of  the  New  York
    10  state director of the budget, the board of directors of the state of New
    11  York  mortgage  agency shall authorize the transfer to the housing trust
    12  fund corporation, for the purposes of reimbursing any  costs  associated
    13  with  rural preservation program contracts authorized by this section, a
    14  total sum not to exceed three million seven hundred thirty-nine thousand
    15  dollars, such transfer to be made from (i) the special  account  of  the
    16  mortgage insurance fund created pursuant to section 2429-b of the public
    17  authorities law, in an amount not to exceed the actual excess balance in
    18  the  special  account  of the mortgage insurance fund, as determined and
    19  certified by the state of New York mortgage agency for the  fiscal  year
    20  2015-2016  in  accordance  with section 2429-b of the public authorities
    21  law, if any, and/or (ii) provided that the reserves in the project  pool
    22  insurance  account  of  the  mortgage insurance fund created pursuant to
    23  section 2429-b of the public authorities law are  sufficient  to  attain
    24  and  maintain  the credit rating (as determined by the state of New York
    25  mortgage agency) required to accomplish the purposes  of  such  account,
    26  the  project pool insurance account of the mortgage insurance fund, such
    27  transfer to be made as soon as practicable but no later  than  June  30,
    28  2016.
    29    §  5.  Notwithstanding  any  other provision of law, the housing trust
    30  fund corporation may provide, for purposes of the rural and urban commu-
    31  nity investment fund program created pursuant to article  XXVII  of  the
    32  private  housing finance law, a sum not to exceed thirty-one million two
    33  hundred fifty thousand dollars for the  fiscal  year  ending  March  31,
    34  2017.    Notwithstanding  any other provision of law, and subject to the
    35  approval of the New York state director of  the  budget,  the  board  of
    36  directors  of  the state of New York mortgage agency shall authorize the
    37  transfer to the housing trust fund  corporation,  for  the  purposes  of
    38  reimbursing  any costs associated with rural and urban community invest-
    39  ment fund program contracts authorized by this section, a total sum  not
    40  to  exceed  thirty-one  million two hundred fifty thousand dollars, such
    41  transfer to be made from (i) the special account of the mortgage  insur-
    42  ance  fund  created pursuant to section 2429-b of the public authorities
    43  law, in an amount not to exceed the actual excess balance in the special
    44  account of the mortgage insurance fund, as determined and  certified  by
    45  the  state  of New York mortgage agency for the fiscal year 2015-2016 in
    46  accordance with section 2429-b of the public authorities  law,  if  any,
    47  and/or  (ii)  provided  that  the reserves in the project pool insurance
    48  account of the mortgage  insurance  fund  created  pursuant  to  section
    49  2429-b  of the public authorities law are sufficient to attain and main-
    50  tain the credit rating (as determined by the state of New York  mortgage
    51  agency) required to accomplish the purposes of such account, the project
    52  pool  insurance account of the mortgage insurance fund, such transfer to
    53  be made as soon as practicable but no later than March 31, 2017.
    54    § 6. Notwithstanding any other provision of  law,  the  housing  trust
    55  fund  corporation  may  provide,  for  the  purposes of carrying out the
    56  provisions of the low income housing trust fund program created pursuant

        S. 6406--C                         56                         A. 9006--C
 
     1  to article XVIII of the private housing finance law, a sum not to exceed
     2  ten million dollars for the fiscal year ending March 31, 2017.  Notwith-
     3  standing  any other provision of law, and subject to the approval of the
     4  New  York  state  director  of the budget, the board of directors of the
     5  state of New York mortgage agency shall authorize the  transfer  to  the
     6  housing  trust  fund  corporation,  for the purposes of carrying out the
     7  provisions of the low income housing trust fund program created pursuant
     8  to article XVIII of the private housing finance law authorized  by  this
     9  section, a total sum not to exceed ten million dollars, such transfer to
    10  be  made  from  (i)  the  special account of the mortgage insurance fund
    11  created pursuant to section 2429-b of the public authorities law, in  an
    12  amount not to exceed the actual excess balance in the special account of
    13  the mortgage insurance fund, as determined and certified by the state of
    14  New  York  mortgage  agency  for the fiscal year 2015-2016 in accordance
    15  with section 2429-b of the public authorities law, if any,  and/or  (ii)
    16  provided  that the reserves in the project pool insurance account of the
    17  mortgage insurance fund created pursuant to section 2429-b of the public
    18  authorities law are sufficient to attain and maintain the credit  rating
    19  (as  determined  by  the  state of New York mortgage agency) required to
    20  accomplish the purposes of such  account,  the  project  pool  insurance
    21  account of the mortgage insurance fund, such transfer to be made as soon
    22  as practicable but no later than March 31, 2017.
    23    §  7.  Notwithstanding  any  other provision of law, the housing trust
    24  fund corporation may provide, for purposes  of  the  homes  for  working
    25  families  program for deposit in the housing trust fund created pursuant
    26  to section 59-a of the private housing finance law and  subject  to  the
    27  provisions  of  article  XVIII of the private housing finance law, a sum
    28  not to exceed twelve million seven hundred fifty  thousand  dollars  for
    29  the  fiscal  year  ending  March  31,  2017.  Notwithstanding  any other
    30  provision of law, and subject to the approval  of  the  New  York  state
    31  director  of the budget, the board of directors of the state of New York
    32  mortgage agency shall authorize the transfer to the housing  trust  fund
    33  corporation,  for  the purposes of reimbursing any costs associated with
    34  homes for working families program contracts authorized by this section,
    35  a total sum not to exceed twelve million seven  hundred  fifty  thousand
    36  dollars,  such  transfer  to be made from (i) the special account of the
    37  mortgage insurance fund created pursuant to section 2429-b of the public
    38  authorities law, in an amount not to exceed the actual excess balance in
    39  the special account of the mortgage insurance fund,  as  determined  and
    40  certified  by  the state of New York mortgage agency for the fiscal year
    41  2015-2016 in accordance with section 2429-b of  the  public  authorities
    42  law,  if any, and/or (ii) provided that the reserves in the project pool
    43  insurance account of the mortgage insurance  fund  created  pursuant  to
    44  section  2429-b  of  the public authorities law are sufficient to attain
    45  and maintain the credit rating (as determined by the state of  New  York
    46  mortgage  agency)  required  to accomplish the purposes of such account,
    47  the project pool insurance account of the mortgage insurance fund,  such
    48  transfer  to  be made as soon as practicable but no later than March 31,
    49  2017.
    50    § 8. Notwithstanding any other provision of law, the homeless  housing
    51  and  assistance  corporation  may  provide, for purposes of the New York
    52  state supportive housing program,  the  solutions  to  end  homelessness
    53  program or the operational support for AIDS housing program, or to qual-
    54  ified grantees under those programs, in accordance with the requirements
    55  of those programs, a sum not to exceed fifteen million six hundred nine-
    56  ty  thousand  dollars  and  an  additional sum not to exceed six hundred

        S. 6406--C                         57                         A. 9006--C
 
     1  thousand dollars for purposes of the New York state  supportive  housing
     2  program  for the fiscal year ending March 31, 2017. The homeless housing
     3  and assistance corporation may enter into an agreement with  the  office
     4  of temporary and disability assistance to administer such sum in accord-
     5  ance  with  the  requirements of the programs. Notwithstanding any other
     6  provision of law, and subject to the approval of  the  director  of  the
     7  budget,  the board of directors of the state of New York mortgage agency
     8  shall authorize the transfer to  the  homeless  housing  and  assistance
     9  corporation, a total sum not to exceed sixteen million two hundred nine-
    10  ty  thousand  dollars,  such  transfer  to  be made from (i) the special
    11  account of the mortgage  insurance  fund  created  pursuant  to  section
    12  2429-b  of  the  public  authorities law, in an amount not to exceed the
    13  actual excess balance in the special account of the  mortgage  insurance
    14  fund,  as  determined  and  certified  by the state of New York mortgage
    15  agency for the fiscal year 2015-2016 in accordance with  section  2429-b
    16  of  the  public  authorities  law, if any, and/or (ii) provided that the
    17  reserves in the project pool insurance account of the mortgage insurance
    18  fund created pursuant to section 2429-b of the  public  authorities  law
    19  are  sufficient  to attain and maintain the credit rating (as determined
    20  by the state of New York mortgage agency)  required  to  accomplish  the
    21  purposes  of  such  account,  the  project pool insurance account of the
    22  mortgage insurance fund, such transfer to be made as soon as practicable
    23  but no later than March 31, 2017.
    24    § 9. Notwithstanding any other provision of  law,  the  housing  trust
    25  fund corporation shall provide, for the purposes of the mobile and manu-
    26  factured  home  replacement  program,  a  sum  not to exceed two million
    27  dollars for the fiscal year ending March 31, 2017.
    28    Eligible units of local government or not-for-profit corporations with
    29  substantial experience in affordable housing, may  apply  to  administer
    30  local  programs to replace dilapidated mobile or manufactured homes that
    31  are sited on land owned by the homeowner with new manufactured,  modular
    32  or  site  built  homes. All replacement homes shall be energy star rated
    33  for energy efficiency. The total contract pursuant to any  one  eligible
    34  applicant  in  a  specified  region may not exceed five hundred thousand
    35  dollars. The corporation shall authorize the eligible applicant to spend
    36  seven and one-half percent of the contract amount for approved  planning
    37  and  costs associated with administering the program. The contract shall
    38  provide for completion of the program within  a  reasonable  period,  as
    39  specified  therein,  which shall not exceed four years from commencement
    40  of the program. Upon request, the corporation may extend the term of the
    41  contract for up to an additional one year period for good cause shown by
    42  the eligible applicant.
    43    An eligible property must be the primary residence  of  the  homeowner
    44  with  a  total  household  income that does not exceed eighty percent of
    45  area median income for the county in  which  a  project  is  located  as
    46  calculated by the United States department of housing and urban develop-
    47  ment.  Funds shall be made available for relocation assistance to eligi-
    48  ble property owners who are unable to voluntarily  relocate  during  the
    49  demolition  and  construction phases of the project. The cost of demoli-
    50  tion and removal shall be an eligible use within the program. The  total
    51  payment  to  replace  a  mobile or manufactured home pursuant to any one
    52  eligible property shall not exceed  one  hundred  thousand  dollars  and
    53  provide for completion not to exceed four years.
    54    Financial  assistance  to property owners shall be one hundred percent
    55  grants in the form of deferred payment loans (DPL). A ten year declining
    56  balance lien in the form of a note and mortgage, duly filed at the coun-

        S. 6406--C                         58                         A. 9006--C
 
     1  ty clerk's office, will be utilized for replacement projects. No  inter-
     2  est  or payments will be required on the DPL unless the property is sold
     3  or transferred before the regulatory term expires. In such  cases  funds
     4  will  be  recaptured  from  the  proceeds  of the sale of the home, on a
     5  declining balance basis,  unless  an  income-eligible  immediate  family
     6  member  accepts  ownership of, and resides in the home for the remainder
     7  of the regulatory term.
     8    Notwithstanding any other provision of law, and subject to approval of
     9  the New York state director of the budget, the board of directors of the
    10  state of New York mortgage agency shall authorize the  transfer  to  the
    11  housing  trust  fund  corporation,  for the purposes of carrying out the
    12  provisions of the mobile and manufactured home  replacement  program,  a
    13  total  sum  not  to exceed two million dollars, such transfer to be made
    14  from (i) the special account of  the  mortgage  insurance  fund  created
    15  pursuant  to  section 2429-b of the public authorities law, in an amount
    16  not to exceed the actual excess balance in the special  account  of  the
    17  mortgage insurance fund, as determined and certified by the state of New
    18  York  mortgage  agency for the fiscal year 2015- 2016 in accordance with
    19  section 2429-b of the  public  authorities  law,  if  any,  and/or  (ii)
    20  provided  that the reserves in the project pool insurance account of the
    21  mortgage insurance fund created pursuant to section 2429-b of the public
    22  authorities law are sufficient to attain and maintain the credit  rating
    23  (as  determined  by  the  state of New York mortgage agency) required to
    24  accomplish the purposes of such  account,  the  project  pool  insurance
    25  account of the mortgage insurance fund, such transfer to be made as soon
    26  as practicable but no later than March 31, 2017.
    27    § 10.  Notwithstanding any other provision of law to the contrary, the
    28  housing  trust  fund  corporation may provide, for costs associated with
    29  naturally occurring retirement communities, a sum not  to  exceed  three
    30  hundred  fifty  thousand  dollars  for  the fiscal year ending March 31,
    31  2017.  Notwithstanding any other provision of law to the  contrary,  and
    32  subject  to  the  approval of the New York state director of the budget,
    33  the board of directors of the state of New York  mortgage  agency  shall
    34  authorize  the  transfer  to the housing trust fund corporation, for the
    35  purposes of reimbursing any costs associated  with  naturally  occurring
    36  retirement  communities  authorized  by this section, a total sum not to
    37  exceed three hundred fifty thousand dollars, such transfer  to  be  made
    38  from  (i)  the  special  account  of the mortgage insurance fund created
    39  pursuant to section 2429-b of the public authorities law, in  an  amount
    40  not  to  exceed  the actual excess balance in the special account of the
    41  mortgage insurance fund, as determined and certified by the state of New
    42  York mortgage agency for the fiscal year 2015-2016  in  accordance  with
    43  section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
    44  provided that the reserves in the project pool insurance account of  the
    45  mortgage insurance fund created pursuant to section 2429-b of the public
    46  authorities  law are sufficient to attain and maintain the credit rating
    47  (as determined by the state of New York  mortgage  agency)  required  to
    48  accomplish  the  purposes  of  such  account, the project pool insurance
    49  account of the mortgage insurance fund, such transfer to be made as soon
    50  as practicable but no later than March 31, 2017.
    51    § 11. Notwithstanding any other provision of law to the contrary,  the
    52  housing  trust  fund  corporation may provide, for costs associated with
    53  neighborhood naturally occurring retirement communities, a  sum  not  to
    54  exceed  three  hundred fifty thousand dollars for the fiscal year ending
    55  March 31, 2017. Notwithstanding  any  other  provision  of  law  to  the
    56  contrary,  and subject to the approval of the New York state director of

        S. 6406--C                         59                         A. 9006--C
 
     1  the budget, the board of directors of the state  of  New  York  mortgage
     2  agency  shall  authorize  the  transfer to the housing trust fund corpo-
     3  ration, for the purposes of reimbursing any costs associated with neigh-
     4  borhood  naturally  occurring  retirement communities authorized by this
     5  section, a total sum not to exceed three hundred fifty thousand dollars,
     6  such transfer to be made from (i) the special account  of  the  mortgage
     7  insurance fund created pursuant to section 2429-b of the public authori-
     8  ties  law,  in  an amount not to exceed the actual excess balance in the
     9  special account of the mortgage insurance fund, as determined and certi-
    10  fied by the state of New York mortgage agency for the fiscal year  2015-
    11  2016 in accordance with section 2429-b of the public authorities law, if
    12  any,  and/or  (ii) provided that the reserves in the project pool insur-
    13  ance account of the mortgage insurance fund created pursuant to  section
    14  2429-b  of the public authorities law are sufficient to attain and main-
    15  tain the credit rating (as determined by the state of New York  mortgage
    16  agency) required to accomplish the purposes of such account, the project
    17  pool  insurance account of the mortgage insurance fund, such transfer to
    18  be made as soon as practicable but no later than March 31, 2017.
    19    § 12. This act shall take effect immediately.
 
    20                                   PART Q
 
    21    Section 1. Section 4 of subpart A of part D of chapter 58 of the  laws
    22  the  2011  amending  the education law relating to capital facilities in
    23  support of the state university and community colleges,  is  amended  to
    24  read as follows:
    25    §  4.  This  act shall take effect immediately and shall expire and be
    26  deemed repealed June 30, [2016] 2021.
    27    § 2. Section 4 of subpart B of part D of chapter 58  of  the  laws  of
    28  2011  amending  the  education law relating to procurement in support of
    29  the state and city universities, is amended to read as follows:
    30    § 4. This act shall take effect immediately and shall  expire  and  be
    31  deemed repealed June 30, [2016] 2021.
    32    §  3.  Section  3  of subpart C of part D of chapter 58 of the laws of
    33  2011 amending the education law relating to state university health care
    34  facilities, is amended to read as follows:
    35    § 3. This act shall take effect immediately, and shall expire  and  be
    36  deemed repealed June 30, [2016] 2021.
    37    § 4. This act shall take effect immediately.
 
    38                                   PART R
 
    39    Section  1.  Subdivision  1  of  section  663 of the education law, as
    40  amended by section 1 of part F of chapter 58 of the  laws  of  2011,  is
    41  amended to read as follows:
    42    1.  Income  defined.  Except  as  otherwise  provided in this section,
    43  "income" shall be the total of  the  combined  net  taxable  income  and
    44  income  from  pensions of New York state, local governments, the federal
    45  government and any private employer of the  applicant,  the  applicant's
    46  spouse,  and  the applicant's parents, including any pension and annuity
    47  income excluded for purposes of taxation pursuant to  paragraph  three-a
    48  of  subsection  (c)  of  section  six  hundred twelve of the tax law, as
    49  reported in New York state income tax  returns  for  the  calendar  year
    50  [next  preceding  the  beginning of the school year for] coinciding with
    51  the tax year established by the U.S. department of education to  qualify
    52  applicants  for  federal  student  financial  aid programs authorized by

        S. 6406--C                         60                         A. 9006--C

     1  title IV of the Higher Education Act of 1965, as amended, for the school
     2  year in which application for assistance is made, except that any amount
     3  received by an applicant as a scholarship at an educational  institution
     4  or  as  a  fellowship grant, including the value of contributed services
     5  and accommodations, shall not  be  included  within  the  definition  of
     6  "income"  for  the  purposes  of  this  article. The term "parent" shall
     7  include birth parents, stepparents, adoptive parents and the  spouse  of
     8  an  adoptive  parent.    Income,  if not a whole dollar amount, shall be
     9  assumed to be equal to the next lowest whole dollar amount.  Any  change
    10  in the status of an applicant with regard to the persons responsible for
    11  the  applicant's  support  occurring after the beginning of any semester
    12  shall not be considered to change the applicant's award for that  semes-
    13  ter.
    14    §  2.  This  act  shall take effect immediately and shall apply to all
    15  awards commencing with the 2017-2018 school year and thereafter.
 
    16                                   PART S
 
    17    Section 1. Subdivision c of section 2 of part K of chapter 58  of  the
    18  laws  of  2010 amending the social services law relating to establishing
    19  the savings plan demonstration project, is amended to read as follows:
    20    c. this act shall expire and be deemed repealed March 31, [2016] 2017.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART T
 
    23    Section 1. Subdivision 10 of section 6306 of  the  education  law,  as
    24  added  by  section  1  of  part  Y of chapter 56 of the laws of 2015, is
    25  amended to read as follows:
    26    10. The boards of trustees of the state university of New York  commu-
    27  nity  colleges  shall  consult  with  boards  of cooperative educational
    28  services (BOCES)  to  identify  new  or  existing  programs  offered  to
    29  students  that  would  allow a student to pursue an associate of occupa-
    30  tional studies (AOS) degree from a community college  upon  high  school
    31  graduation.  Once  identified, BOCES in collaboration with the community
    32  college boards of trustees shall make such  path,  identified  programs,
    33  and AOS degree options known to ensure that students are aware that such
    34  options  exist. Such notification [may] shall begin [as early as] in the
    35  [seventh] eighth grade, and include the provision of  materials  on  AOS
    36  degree  options  to  school  counselors  in each school district in such
    37  region. Provided however, that such boards and BOCES shall not take  any
    38  action  to  direct  or suggest that a student should pursue a particular
    39  degree or pathway.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART U
 
    42    Section 1. Subdivisions 3, 5 and 6 of section 6456  of  the  education
    43  law,  as added by section 1 of part X of chapter 56 of the laws of 2015,
    44  are amended to read as follows:
    45    3. a. Funds appropriated in the  two  thousand  fifteen--two  thousand
    46  sixteen academic year for the purposes of this initiative shall be allo-
    47  cated  by  sector  as follows: fifty-two percent for institutions in the
    48  state university of New York; thirty percent  for  institutions  in  the
    49  city  university  of  New  York;  and eighteen percent for other degree-

        S. 6406--C                         61                         A. 9006--C
 
     1  granting institutions in New York with  current  Arthur  O.  Eve  higher
     2  education opportunity programs.
     3    b. Funds appropriated in the two thousand sixteen--two thousand seven-
     4  teen  academic  year  and thereafter for the purposes of this initiative
     5  shall be allocated by sector based on the  percentage  of  foster  youth
     6  identified by each institution that will be served by this initiative in
     7  the following academic year, in applications received by the commission-
     8  er  pursuant  to  subdivision six of this section, provided however that
     9  the award per student for foster youth first served in the two  thousand
    10  fifteen--two  thousand  sixteen  academic year shall be no less than the
    11  amount per student awarded  for  those  students  in  the  two  thousand
    12  fifteen--two thousand sixteen academic year.
    13    5.  Moneys  made available to institutions under this section shall be
    14  spent for the following purposes:
    15    a. to provide additional services and expenses to expand opportunities
    16  through existing postsecondary opportunity programs at the state univer-
    17  sity of New York, the city university of New  York,  and  other  degree-
    18  granting higher education institutions for foster youth;
    19    b.  to  provide  any  necessary  supplemental financial aid for foster
    20  youth, which may include the cost of tuition and fees, books,  transpor-
    21  tation,  housing and other expenses as determined by the commissioner to
    22  be necessary for such foster youth to attend college;
    23    c. summer college preparation programs to help foster youth transition
    24  to college, prepare them to  navigate  on-campus  systems,  and  provide
    25  preparation  in  reading,  writing, and mathematics for foster youth who
    26  need it; or
    27    d. advisement, tutoring, and academic assistance for foster youth.
    28    6. Eligible institutions shall file an application for approval by the
    29  commissioner no later than the first of [October] May each  year  demon-
    30  strating  a  need  for  such funding, including how the funding would be
    31  used and how many foster youth would  be  assisted  with  such  funding.
    32  Successful  applicants will be funded as provided in subdivision four of
    33  this section.
    34    § 2. This act shall take effect immediately.
 
    35                                   PART V

    36    Section 1. The education law is amended by adding a new section 609 to
    37  read as follows:
    38    § 609. Tuition, aid and placement report. In academic year  two  thou-
    39  sand  sixteen--two  thousand  seventeen,  all non-public institutions of
    40  higher education, recognized and approved by the regents of the  univer-
    41  sity  of  the state of New York, which provide a course of study leading
    42  to the granting of a four year post-secondary degree or diploma,  except
    43  for  a  non-public  degree-granting  institution  that  does not offer a
    44  program of study that leads to a baccalaureate degree, or  at  a  regis-
    45  tered  not-for-profit  business school qualified for tax exemption under
    46  section 501(c)(3) of the internal revenue code for  federal  income  tax
    47  purposes  that  does not offer a program of study that leads to a bacca-
    48  laureate degree, shall report to the senate and assembly chairs  of  the
    49  higher  education committees on or before August fifteenth, two thousand
    50  sixteen, on the following: factors that drive  cost  increases;  tuition
    51  trends  for the past six years and percentage of year to year increases;
    52  total cost of fees; if the institution has an endowment and  the  amount
    53  of  such  endowment;  the average institutional financial aid package by
    54  income bracket as defined by the National Center for  Education  Statis-

        S. 6406--C                         62                         A. 9006--C
 
     1  tics'  Integrated Post-Secondary Education Data System; graduation rates
     2  for four, five and six years; enrollment trends over the past six years;
     3  the amount spent to educate students per FTE; the percentage of students
     4  who  are  TAP  and Pell eligible; administrative and operating costs and
     5  the percentage of those costs funded by tuition; and cost  saving  meas-
     6  ures implemented over the past six years, if any.
     7    § 2. This act shall take effect immediately.
 
     8                                   PART W
 
     9    Section  1.  Subdivision (i) of section 17 of the social services law,
    10  as relettered by section 1 of part K3 of chapter 57 of the laws of 2007,
    11  is relettered subdivision (j).
    12    § 2. Section 17 of the social services law is amended by adding a  new
    13  subdivision (i) to read as follows:
    14    (i) have the authority appoint a temporary operator in accordance with
    15  this subdivision:
    16    (1) For the purposes of this subdivision:
    17    (i)  "Building"  shall  mean  an entire building or a unit within that
    18  provides emergency shelter to homeless persons.
    19    (ii) "Commissioner" shall mean the commissioner of the office  or  his
    20  or her designee.
    21    (iii) "Data" shall mean written documentation or knowledge obtained in
    22  the course of an inspection, audits, or other methods authorized by law.
    23    (iv)  "Emergency  shelter"  means any building with overnight sleeping
    24  accommodations, the primary purpose of which  is  to  provide  temporary
    25  shelter  for  the homeless in general or for specific populations of the
    26  homeless,  including  residential  programs  for  victims  of   domestic
    27  violence and runaway and homeless youth programs certified by the office
    28  of children and family services.
    29    (v) "Established operator" shall mean a provider of emergency shelter.
    30    (vi)  "Serious  financial, health or safety deficiency" shall include,
    31  but not be limited to, missed mortgage payments, missed rent payments, a
    32  pattern of untimely payment of debts, failure to pay  its  employees  or
    33  vendors,  insufficient  funds  to meet the general operating expenses of
    34  the program, or a violation of law, regulation, or code with respect  to
    35  a building that provides emergency shelter to homeless persons, in which
    36  there  are  conditions  that are dangerous, hazardous, imminently detri-
    37  mental to life or health, or otherwise render the building not  fit  for
    38  human habitation.
    39    (vii)  "Temporary operator" shall mean any provider of emergency shel-
    40  ter that:
    41    (A) agrees to provide emergency shelter pursuant to this chapter on  a
    42  temporary  basis  in  the best interests of its homeless individuals and
    43  families served by the building;
    44    (B) has a history of compliance with applicable laws, rules, and regu-
    45  lations and a record of providing emergency shelter of good quality,  as
    46  determined by the commissioner; and
    47    (C) prior to appointment as temporary operator, develops a plan deter-
    48  mined  to  be satisfactory by the commissioner to address the building's
    49  deficiencies.
    50    (2) (i) A temporary operator may only be appointed after the emergency
    51  shelter has been provided notice of alleged violations and  the  ability
    52  to  cure  such violations. The local social services district shall also
    53  be notified of the alleged violations prior  to  the  appointment  of  a
    54  temporary  operator.  If  the  emergency  shelter  fails  to  cure  such

        S. 6406--C                         63                         A. 9006--C
 
     1  violations in a timely manner, a temporary  operator  may  be  appointed
     2  where:   (A) data demonstrates that the building is exhibiting a serious
     3  financial, health, or safety deficiency; (B) data demonstrates that  the
     4  established  operator is unable or unwilling to ensure the proper opera-
     5  tion of the building; or (C) data indicates there exist conditions  that
     6  seriously  endanger  or  jeopardize  emergency shelter residents. If the
     7  commissioner determines to appoint a temporary operator, the commission-
     8  er shall notify the established operator and the local  social  services
     9  district  of  his  or  her  intention to appoint a temporary operator to
    10  assume sole responsibility for the provider of the  emergency  shelter's
    11  operations  for a limited period of time. The appointment of a temporary
    12  operator shall be effectuated pursuant to this section, and shall be  in
    13  addition to any other remedies provided by law.
    14    (ii) The established operator may at any time request the commissioner
    15  to  appoint  a  temporary  operator.  Upon receiving such a request, the
    16  commissioner may, if he or she determines that such an action is  neces-
    17  sary,  enter  into  an  agreement  with the established operator for the
    18  appointment of a temporary operator to restore or maintain the provision
    19  of quality emergency shelter to the emergency  shelter  residents  until
    20  the  established  operator  can  resume operations within the designated
    21  time period or other action is taken to suspend, revoke,  or  limit  the
    22  authority of the established operator.
    23    (3)  (i) A temporary operator appointed pursuant to this section shall
    24  use his or her best efforts to implement the plan deemed satisfactory by
    25  the commissioner to correct or eliminate any deficiencies in the  build-
    26  ing  and to promote the quality and accessibility of the emergency shel-
    27  ter in the community served by the provider of emergency shelter.
    28    (ii) During the term of appointment, the temporary operator shall have
    29  the authority to direct the staff of the established operator as  neces-
    30  sary to appropriately provide emergency shelter for homeless individuals
    31  and  families. The temporary operator shall, during this period, provide
    32  emergency shelter in such a manner as to promote safety and the  quality
    33  and  accessibility  of  emergency shelter in the community served by the
    34  established operator until either the established  operator  can  resume
    35  operations  or  until  the office revokes the authority of the emergency
    36  shelter to operate under this chapter.
    37    (iii) The established operator shall grant  access  to  the  temporary
    38  operator  to the established operator's accounts and records in order to
    39  address any serious financial, health or safety deficiency.  The  tempo-
    40  rary  operator  shall  approve  any  decision  related to an established
    41  provider's day to day operations or the established  provider's  ability
    42  to provide emergency shelter.
    43    (iv) The temporary operator shall not be required to file any bond. No
    44  security interest in any real or personal property comprising the estab-
    45  lished  operator  or contained within the established operator or in any
    46  fixture of the building, shall be impaired or diminished in priority  by
    47  the  temporary  operator.  Neither the temporary operator nor the office
    48  shall engage in any activity that constitutes a confiscation of  proper-
    49  ty.
    50    (4)  Costs  associated  with the temporary operator, including compen-
    51  sation, shall follow the financing structure established  in  accordance
    52  with section one hundred fifty-three of this chapter, as modified by the
    53  current  aid  to  localities  provisions for the office of temporary and
    54  disability assistance within the department of  family  assistance.  The
    55  temporary  operator  shall  be  liable only in its capacity as temporary
    56  operator for injury to person and property by reason of its operation of

        S. 6406--C                         64                         A. 9006--C
 
     1  such building; no liability shall  incur  in  the  temporary  operator's
     2  personal capacity, except for gross negligence and intentional acts.
     3    (5)  (i) The initial term of the appointment of the temporary operator
     4  shall not exceed ninety days. After ninety  days,  if  the  commissioner
     5  determines  that  termination  of  the  temporary  operator  would cause
     6  significant deterioration of the quality of,  or  access  to,  emergency
     7  shelter  in  the community or that reappointment is necessary to correct
     8  the deficiencies that required the appointment of the  temporary  opera-
     9  tor,  the  commissioner  may  authorize  an  additional ninety-day term.
    10  However, such authorization shall include  the  commissioner's  require-
    11  ments for conclusion of the temporary operatorship to be satisfied with-
    12  in the additional term.
    13    (ii) Within fourteen days prior to the termination of each term of the
    14  appointment  of  the  temporary  operator,  the temporary operator shall
    15  submit to the commissioner, to the local social services  district,  and
    16  to the established operator a report describing:
    17    (A) the actions taken during the appointment to address the identified
    18  building  deficiencies,  the  resumption  of  building operations by the
    19  established operator, or the revocation of authority to operate an emer-
    20  gency shelter;
    21    (B) objectives for the continuation of the temporary  operatorship  if
    22  necessary and a schedule for satisfaction of such objectives; and
    23    (C)  if  applicable, the recommended actions for the ongoing provision
    24  of emergency shelter subsequent to the temporary operatorship.
    25    (iii) The term of the initial appointment and of any subsequent  reap-
    26  pointment  may  be  terminated prior to the expiration of the designated
    27  term, if the established operator and the commissioner agree on  a  plan
    28  of correction and the implementation of such plan.
    29    (6)  (i)  The  commissioner  shall,  upon making a determination of an
    30  intention to appoint a temporary operator pursuant to  subparagraph  (i)
    31  of paragraph two of this subdivision, cause the established operator and
    32  the  local  social  services district to be notified of the intention by
    33  registered or certified mail addressed to the principal  office  of  the
    34  established  operator  and  the  local  social services district.   Such
    35  notification shall include a detailed description of the findings under-
    36  lying the intention to appoint a temporary operator, and  the  date  and
    37  time  of  a  required  meeting with the commissioner within ten business
    38  days of the receipt of such notice.   At such meeting,  the  established
    39  operator,  and the commissioner shall have the opportunity to review and
    40  discuss all relevant findings. At such meeting, the commissioner and the
    41  established operator shall attempt to develop  a  mutually  satisfactory
    42  plan of correction and schedule for implementation. If a mutually satis-
    43  factory plan of correction and schedule for implementation is developed,
    44  the  commissioner shall notify the established operator that the commis-
    45  sioner will abstain from appointing a temporary operator contingent upon
    46  the established operator remediating the identified deficiencies  within
    47  the agreed upon timeframe.
    48     (ii) The commissioner shall, upon making a determination of an inten-
    49  tion  to  appoint  a  temporary operator pursuant to subparagraph (i) of
    50  paragraph two of this subdivision, cause the temporary president of  the
    51  senate, and the speaker of the assembly to receive appropriate and time-
    52  ly  notification of the intention to appoint a temporary operator.  Such
    53  notification shall include a description of the findings underlying  the
    54  intention to appoint a temporary operator, the identification of the new
    55  operator  when  practicable,  and the date of expected transfer of oper-

        S. 6406--C                         65                         A. 9006--C
 
     1  ations. Such notice shall be made  as  soon  as  practicable  under  the
     2  circumstances.
     3    (iii)  The  commissioner, at any time he or she deems necessary and to
     4  the extent practicable, shall consult and may involve the  local  social
     5  services district.
     6    (iv) Should the commissioner and the established operator be unable to
     7  establish  a  plan  of  correction  pursuant to subparagraph (i) of this
     8  paragraph, or should the established operator fail  to  respond  to  the
     9  commissioner's  initial  notification,  there shall be an administrative
    10  hearing on the commissioner's determination to appoint a temporary oper-
    11  ator to begin no later than thirty days from the date of the  notice  to
    12  the  established operator. Any such hearing shall be strictly limited to
    13  the issue of whether the determination of the commissioner to appoint  a
    14  temporary  operator  is supported by substantial evidence. A copy of the
    15  decision shall be sent to the established operator and the local  social
    16  services district.
    17    (v)  If  the  decision  to appoint a temporary operator is upheld such
    18  temporary operator shall be appointed as  soon  as  is  practicable  and
    19  shall  provide  emergency  shelter  pursuant  to  the provisions of this
    20  section.
    21    (7) Notwithstanding the  appointment  of  a  temporary  operator,  the
    22  established  operator shall remain obligated for the continued provision
    23  of emergency shelter. No provision contained in this  section  shall  be
    24  deemed  to  relieve  the established operator or any other person of any
    25  civil or criminal liability incurred, or any duty  imposed  by  law,  by
    26  reason  of  acts  or  omissions of the established operator or any other
    27  person prior to the appointment of any temporary operator of the  build-
    28  ing hereunder; nor shall anything contained in this section be construed
    29  to  suspend during the term of the appointment of the temporary operator
    30  of the building any obligation of the established operator or any  other
    31  person  for  the  maintenance  and  repair of the building, provision of
    32  utility services, payment of taxes or other  operating  and  maintenance
    33  expenses  of  the building, nor of the established operator or any other
    34  person for the payment of mortgages or liens.
    35    § 3. Nothing in section two of this act shall be deemed in any way  to
    36  limit  the  authority of the commissioner of the office of temporary and
    37  disability assistance or the commissioner of the office of children  and
    38  family  services  or his or her designee to take additional actions with
    39  respect to a building that provides emergency shelter,  in  which  there
    40  are  conditions that are dangerous, hazardous, imminently detrimental to
    41  life or health, or otherwise render the building not fit for human habi-
    42  tation.
    43    § 4. This act shall take effect immediately and  shall  be  deemed  to
    44  have  been in full force and effect on and after April 1, 2016, provided
    45  further that this act shall expire and  be  deemed  repealed  March  31,
    46  2019.
 
    47                                   PART X
 
    48    Section  1. Subdivision 1 of section 131-n of the social services law,
    49  as amended by chapter 373 of the laws of 2003, paragraph (c) as  amended
    50  by  section 5 of part J of chapter 58 of the laws of 2014, is amended to
    51  read as follows:
    52    1. The following resources shall be exempt and disregarded  in  calcu-
    53  lating  the amount of benefits of any household under any public assist-
    54  ance program: (a) cash and liquid or nonliquid resources up to two thou-

        S. 6406--C                         66                         A. 9006--C
 
     1  sand dollars, or three thousand dollars in the  case  of  households  in
     2  which  any  member  is  sixty years of age or older, (b) an amount up to
     3  four thousand six hundred fifty  dollars  in  a  separate  bank  account
     4  established  by  an  individual while currently in receipt of assistance
     5  for the sole purpose of enabling the individual to purchase a  first  or
     6  replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
     7  employment, so long as the funds are not used for any other purpose, (c)
     8  an amount up to one thousand four hundred dollars  in  a  separate  bank
     9  account  established  by  an  individual  while  currently in receipt of
    10  assistance for the purpose of paying tuition at a two-year or  four-year
    11  accredited  post-secondary educational institution, so long as the funds
    12  are not used for any other purpose, (d) the  home  which  is  the  usual
    13  residence of the household, (e) [one automobile, up to four thousand six
    14  hundred  fifty dollars fair market value, provided, however, that if the
    15  automobile is needed for the applicant or recipient to  seek  or  retain
    16  employment  or  travel to and from work activities as defined in section
    17  three hundred thirty-six of this chapter, the automobile exemption shall
    18  be increased to nine thousand three hundred dollars,] one automobile, up
    19  to ten thousand dollars fair market value, through  March  thirty-first,
    20  two  thousand  seventeen;  one automobile, up to eleven thousand dollars
    21  fair market value, from April  first,  two  thousand  seventeen  through
    22  March  thirty-first,  two  thousand  eighteen; and one automobile, up to
    23  twelve thousand dollars fair market value, beginning  April  first,  two
    24  thousand  eighteen  and thereafter, or such other higher dollar value as
    25  the local social services district may elect to adopt,  (f)  one  burial
    26  plot per household member as defined in department regulations, (g) bona
    27  fide  funeral  agreements  up  to  a  total of one thousand five hundred
    28  dollars in equity value per household member, (h) funds in an individual
    29  development account established in accordance with subdivision  five  of
    30  section  three  hundred  fifty-eight  of  this  chapter and section four
    31  hundred three of the social security act and (i) for  a  period  of  six
    32  months,  real property which the household is making a good faith effort
    33  to sell, in accordance with department regulations and tangible personal
    34  property necessary for business or for employment purposes in accordance
    35  with department regulations. If federal law or regulations  require  the
    36  exemption or disregard of additional income and resources in determining
    37  need for family assistance, or medical assistance not exempted or disre-
    38  garded  pursuant  to any other provision of this chapter, the department
    39  may, by regulations subject to the approval of the director of the budg-
    40  et, require social services officials to exempt or disregard such income
    41  and resources. Refunds resulting from earned income tax credits shall be
    42  disregarded in public assistance programs.
    43    § 2. This act shall take effect on the forty-fifth day after it  shall
    44  have  become  a  law;  provided  that the amendments to subdivision 1 of
    45  section 131-n of the social services law made by section one of this act
    46  shall not affect the expiration and repeal of  such  section  and  shall
    47  expire and be deemed repealed therewith.
 
    48                                   PART Y
 
    49    Section  1.  Section  332-b  of  the social services law is amended by
    50  adding a new subdivision 4-a to read as follows:
    51    4-a. If the practitioner to whom the individual is  referred  pursuant
    52  to  subdivision four or paragraph (b) of subdivision two of this section
    53  issues an opinion that differs from the applicant's treating health care
    54  practitioner, the practitioner shall  provide  a  written  determination

        S. 6406--C                         67                         A. 9006--C
 
     1  that  specifies  why  the  practitioner  disagrees  with the applicant's
     2  treating health care practitioner's disability determination and present
     3  evidence that supports the opinion.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.
 
     6                                   PART Z
 
     7    Section 1. Paragraph 1 of subdivision d of section 19-a of the retire-
     8  ment and social security law, as amended by section  2  of  part  BB  of
     9  chapter 57 of the laws of 2013, is amended to read as follows:
    10    (1) For any given fiscal year for which an employer's average actuari-
    11  al  contribution  rate  exceeds the system graded contribution rate, the
    12  employer shall pay to the retirement  system  an  amount  equal  to  the
    13  employer's  annual  bill  for such year or, in lieu of paying the entire
    14  annual bill, the employer may pay an  amount  equal  to  the  employer's
    15  annual  bill less all or a portion of the employer's amount eligible for
    16  amortization for the fiscal year. If in accordance with  this  paragraph
    17  the  employer's payment to the retirement system is less than the entire
    18  amount of the employer's annual bill, then the  difference  between  the
    19  employer's  annual bill, and the amount actually paid by the employer to
    20  the retirement system exclusive of any amount from the employer contrib-
    21  ution reserve fund applied to reduce the employer's  payment,  shall  be
    22  the  amount  amortized for the fiscal year. The amount amortized for the
    23  fiscal year shall be paid to  the  retirement  system  in  equal  annual
    24  installments over a ten-year period, with interest on the unpaid balance
    25  at a rate determined by the comptroller which approximates a market rate
    26  of  return on taxable fixed rate securities with similar terms issued by
    27  comparable issuers, and with the first installment due in the immediate-
    28  ly succeeding fiscal year.  Provided however that,  notwithstanding  any
    29  provision  of  law  to  the  contrary  and at the sole discretion of the
    30  director of the division of the  budget,  the  state  as  an  amortizing
    31  employer may prepay to the retirement system the total amount of princi-
    32  pal  due  for  any  such  annual installment or installments for a given
    33  fiscal year prior to the expiration of the ten-year amortization period.
    34  In the event the state elects to make such prepayment, the  director  of
    35  the  division of budget must identify the fiscal year or years for which
    36  the total principal amount due  for  the  annual  installment  is  being
    37  prepaid.  In  any  fiscal year for which the director of the division of
    38  the budget identifies such prepayment is being made, the state (i) shall
    39  not be required to make a payment of principal to the retirement  system
    40  for such fiscal year, and (ii) shall pay to the retirement system annual
    41  interest  on  the remaining principal balance at the rate originally set
    42  by the comptroller when the state first elected to amortize  in  accord-
    43  ance  with  this  paragraph.  Nothing  contained herein shall permit the
    44  state to  extend  the  amortization  period  originally  established  in
    45  accordance with this paragraph beyond the original ten-year amortization
    46  period.
    47    §  2.  Paragraph 1 of subdivision d of section 319-a of the retirement
    48  and social security law, as amended by section 3 of part BB  of  chapter
    49  57 of the laws of 2013, is amended to read as follows:
    50    (1) For any given fiscal year for which an employer's average actuari-
    51  al  contribution rate exceeds the employer graded contribution rate, the
    52  employer shall pay to the retirement  system  an  amount  equal  to  the
    53  employer's  annual  bill  for such year or, in lieu of paying the entire
    54  annual bill, the employer may pay an  amount  equal  to  the  employer's

        S. 6406--C                         68                         A. 9006--C
 
     1  annual  bill less all or a portion of the employer's amount eligible for
     2  amortization for the fiscal year. If in accordance with  this  paragraph
     3  the  employer's payment to the retirement system is less than the entire
     4  amount  of  the  employer's annual bill, then the difference between the
     5  employer's annual bill, and the amount actually paid by the employer  to
     6  the retirement system exclusive of any amount from the employer contrib-
     7  ution  reserve  fund  applied to reduce the employer's payment, shall be
     8  the amount amortized for the fiscal year.  The amount amortized for  the
     9  fiscal  year  shall  be  paid  to  the retirement system in equal annual
    10  installments over a ten-year period, with interest on the unpaid balance
    11  at a rate determined by the comptroller which approximates a market rate
    12  of return on taxable fixed rate securities with similar terms issued  by
    13  comparable issuers, and with the first installment due in the immediate-
    14  ly  succeeding  fiscal year.  Provided however that, notwithstanding any
    15  provision of law to the contrary and  at  the  sole  discretion  of  the
    16  director  of  the  division  of  the  budget, the state as an amortizing
    17  employer may prepay to the retirement system the total amount of princi-
    18  pal due for any such annual installment  or  installments  for  a  given
    19  fiscal year prior to the expiration of the ten-year amortization period.
    20  In  the  event the state elects to make such prepayment, the director of
    21  the division of budget must identify the fiscal year or years for  which
    22  the  total  principal  amount  due  for  the annual installment is being
    23  prepaid. In any fiscal year for which the director of  the  division  of
    24  the budget identifies such prepayment is being made, the state (i) shall
    25  not  be required to make a payment of principal to the retirement system
    26  for such fiscal year, and (ii) shall pay to the retirement system annual
    27  interest on the remaining principal balance at the rate  originally  set
    28  by  the  comptroller when the state first elected to amortize in accord-
    29  ance with this paragraph. Nothing  contained  herein  shall  permit  the
    30  state  to  extend  the  amortization  period  originally  established in
    31  accordance with this paragraph beyond the original ten-year amortization
    32  period.
    33    § 3. This act shall take effect April 1, 2016.
 
    34                                   PART AA
 
    35    Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
    36  insurance  law  and the public health law relating to the New York state
    37  health  insurance  continuation  assistance  demonstration  project,  as
    38  amended  by  section  1 of part GG of chapter 58 of the laws of 2015, is
    39  amended to read as follows:
    40    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    41  have  become  a  law;  provided,  however, that this act shall remain in
    42  effect until July 1, [2016] 2017 when upon such date the  provisions  of
    43  this  act shall expire and be deemed repealed; provided, further, that a
    44  displaced worker shall be eligible for continuation assistance  retroac-
    45  tive to July 1, 2004.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART BB
 
    48    Section  1.    Legislative  intent.  The legislature declares that the
    49  purpose of this act is to clearly provide in  statute  for  insurers  to
    50  offer  and  for  homeowners,  condominium  owners, cooperative apartment
    51  owners, and renters to obtain a financial incentive if they  complete  a
    52  course of instruction on how to make their residence more resilient to a

        S. 6406--C                         69                         A. 9006--C
 
     1  natural  disaster,  reduce the potential loss of life or property damage
     2  that could result from a natural disaster,  reduce  the  risk  of  fire,
     3  theft,  burglary,  personal  injury  or property damage, and raise their
     4  awareness of natural disaster preparedness by offering property/casualty
     5  insurance premium reductions.
     6    §  2.  The  section  heading  of section 2346 of the insurance law, as
     7  amended by chapter 637 of the  laws  of  1993,  is  amended  and  a  new
     8  subsection 5 is added to read as follows:
     9    Reduction  in  rates  of  fire insurance [or], homeowners insurance or
    10  property/casualty premiums for residential property.
    11    5. (a) Definitions. For the purposes of this subsection, the following
    12  terms shall have the following meanings:
    13    (1) "Completion certificate" means a document which cannot be  altered
    14  and which is provided to a person who successfully completes a homeowner
    15  natural disaster preparedness, home safety and loss prevention course.
    16    (2)  "Natural  disaster"  means  the  occurrence or imminent threat of
    17  widespread catastrophic or severe damage, injury, or  loss  of  life  or
    18  property resulting from any natural cause including, but not limited to,
    19  fire,  flood,  earthquake,  hurricane,  tornado,  high water, landslide,
    20  mudslide, wind, storm, wave action, ice  storm,  epidemic,  air  contam-
    21  ination,  blight,  drought, infestation, explosion, water contamination,
    22  bridge failure, or bridge collapse.
    23    (3) "Homeowner natural disaster preparedness,  home  safety  and  loss
    24  prevention  course"  means  a natural disaster preparedness, home safety
    25  and loss prevention course that has been submitted to the superintendent
    26  for their information and review by  an  applicant.    Such  course  may
    27  provide  useful  information to participants on items including, but not
    28  limited to:  courses of action that can  be  taken  before,  during  and
    29  after  the  occurrence  of a natural disaster, strategies to reduce risk
    30  exposure to insured residential property owners and renters, and  infor-
    31  mation  about  the  installation  of equipment, devices or other capital
    32  improvements to real property which can help to  eliminate  or  mitigate
    33  damage to real or personal property, personal injury or the loss of life
    34  caused by a natural disaster or other insurable event or occurrence of a
    35  fire, theft, burglary, personal injury or property damage.
    36    (4)  "Applicant"  means  an  insurer,  or  any other person, agency or
    37  organization  which  submits  a  proposed  homeowner  natural   disaster
    38  preparedness,  home safety and loss prevention course to the superinten-
    39  dent for their information and review, and who or which is prepared  and
    40  able to offer such course to insureds upon the approval thereof.
    41    (b)  The  superintendent  may  provide  for an actuarially appropriate
    42  reduction for a period of three years in rates of homeowner's  insurance
    43  and  property/casualty insurance premiums applicable to residential real
    44  property for each triennial completion of a homeowner  natural  disaster
    45  preparedness,  home  safety  and  loss  prevention course by the insured
    46  occupant of such   residential real property. In  addition,  the  super-
    47  intendent  may  also  provide  for actuarially appropriate reductions in
    48  such rates for the installation of equipment, devices or  other  capital
    49  improvements  to  real  property which can help to eliminate or mitigate
    50  natural disaster damage, improve home safety or prevent other losses.
    51    (c)  An  insurer,  upon  approval  of  the  superintendent,  may  upon
    52  submission of a completion certificate by an insured, provide an actuar-
    53  ially appropriate reduction, for a period of three years, of the premium
    54  for  such insured's homeowner's insurance or property/casualty insurance
    55  on the residential real property which is the insured's place  of  resi-
    56  dence.

        S. 6406--C                         70                         A. 9006--C
 
     1    (d)  The superintendent may establish, by rule or otherwise, standards
     2  or guidelines to be  used  by  the  superintendent  when  reviewing  the
     3  proposed  homeowner  natural disaster preparedness, home safety and loss
     4  prevention courses.
     5    §  3. This act shall take effect on the first of January next succeed-
     6  ing the date on which it shall have become  a  law;  provided,  however,
     7  that  effective  immediately,  any actions necessary to be taken for the
     8  implementation of the provisions of this act on its effective  date  are
     9  authorized  and  directed  to  be  completed on or before such effective
    10  date.
 
    11                                   PART CC
 
    12    Section 1. Section 9-w of the banking law, as added by  section  1  of
    13  part F of chapter 56 of the laws of 2015, is amended to read as follows:
    14    §  9-w.  Standard  financial  aid  award letter. The superintendent of
    15  financial services in consultation with  the  president  of  the  higher
    16  education  services  corporation  shall develop a standard financial aid
    17  award letter which shall clearly delineate (a)  the  estimated  cost  of
    18  attendance,  including but not limited to, the cost of tuition and fees,
    19  room and board, books, and transportation. Such  standard  letter  shall
    20  provide  the  estimated cost of attendance for the current academic year
    21  as well as estimates for each academic year that the student would  need
    22  to  attend  to  earn a degree at such institution with a disclaimer that
    23  the cost of attendance for years other than the  current  academic  year
    24  are  estimates  and  may  be  subject  to  change, (b) all financial aid
    25  offered from the federal government, the state, and the institution with
    26  an explanation as to which components will require  repayment,  (c)  any
    27  expected  student and/or family contribution, (d) campus-specific gradu-
    28  ation, median borrowing, and loan  default  rates,  and  (e)  any  other
    29  information as determined by the superintendent in consultation with the
    30  president.  Such  standard  letter  shall include a glossary of standard
    31  terms and definitions used on such standard letter.  The  superintendent
    32  shall  publish and make available such standard letter by December thir-
    33  ty-first, two thousand fifteen and thereafter. Each college,  vocational
    34  institution,  and  any other institution that offers an approved program
    35  as defined in section six hundred one of the education law shall utilize
    36  the standard letter issued by the department of  financial  services  in
    37  responding  to  all  undergraduate  financial aid applicants for the two
    38  thousand sixteen--two thousand seventeen academic year  and  thereafter.
    39  The   superintendent  shall  promulgate  regulations  implementing  this
    40  section.
    41    § 2. This act shall take effect immediately.
 
    42                                   PART DD
 
    43    Section 1. Subdivision 11 of section 6305 of  the  education  law,  as
    44  amended  by  section  1  of part W of chapter 56 of the laws of 2014, is
    45  amended to read as follows:
    46    11. The state university of New York and the city  university  of  New
    47  York  shall,  pursuant  to  a  study and plan, develop a methodology for
    48  calculating chargeback rates to ensure equity between the local  sponsor
    49  contribution  per student and the chargeback rate per student charged to
    50  other counties, and the  implementation  of  such  methodology  will  be
    51  phased  in  over  five years beginning in the two thousand [sixteen--two
    52  thousand seventeen] eighteen--two thousand  nineteen  academic  year.  A

        S. 6406--C                         71                         A. 9006--C
 
     1  report  on  the  plan  shall be submitted to the chair of the senate and
     2  assembly higher education committees, the chairs of the  senate  finance
     3  committee,  the  chair  of the assembly ways and means committee and the
     4  director of the budget no later than June first, two thousand fifteen.
     5    § 2. This act shall take effect immediately.
 
     6                                   PART EE
 
     7    Section  1.  Section  4  of  part U of chapter 55 of the laws of 2014,
     8  amending the real property tax law relating to  the  tax  abatement  and
     9  exemption  for  rent  regulated and rent controlled property occupied by
    10  senior citizens, is amended to read as follows:
    11    § 4. This act shall take effect July 1, 2014, and sections one and two
    12  of this act shall expire and be  deemed  repealed  [2  years  after  the
    13  effective  date  thereof]  June 30, 2020; provided that the amendment to
    14  section 467-b of the real property tax law made by section one  of  this
    15  act  shall not affect the expiration of such section and shall be deemed
    16  to expire therewith.
    17    § 2. Section 3 of part U of chapter 55 of the laws of  2014,  amending
    18  the  real  property  tax law relating to the tax abatement and exemption
    19  for rent regulated and rent controlled property occupied by senior citi-
    20  zens, is amended to read as follows:
    21    § 3. The state shall reimburse the city of New York for the difference
    22  between the amount of real property tax revenue abated  for  the  period
    23  beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
    24  threshold established by sections one and two of this act and the amount
    25  of real property tax revenue that would have been abated for the  period
    26  beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
    27  thresholds that were in effect immediately prior to the income threshold
    28  increases established by sections one and two  of  this  act,  provided,
    29  however,  the  state's liability and amount of reimbursement pursuant to
    30  this act shall not exceed one  million  two  hundred  thousand  dollars.
    31  Prior to any payment, the city shall provide attestation to the director
    32  of  the  New York state division of the budget and the state comptroller
    33  as to the actual amount of real property tax revenue abated pursuant  to
    34  the  income  thresholds  established by sections one and two of this act
    35  for the city fiscal years beginning July 1, 2014 and July  1,  2015  and
    36  the  actual  amount  of  real  property tax revenue that would have been
    37  abated pursuant to the income thresholds that were in effect immediately
    38  prior to the income threshold increases established by sections one  and
    39  two  of  this  act  for the city fiscal years beginning July 1, 2014 and
    40  July 1, 2015.  The information contained within such attestation may  be
    41  subject to the audit and verification by the state comptroller.
    42    §  3.  Section 4 of chapter 129 of the laws of 2014, amending the real
    43  property tax law relating to the tax abatement and  exemption  for  rent
    44  regulated and rent controlled property occupied by persons with disabil-
    45  ities, is amended to read as follows:
    46    § 4. This act shall take effect July 1, 2014 provided, however, that:
    47    (a) the amendments to paragraph b of subdivision 3 of section 467-b of
    48  the  real  property  tax  law  made  by section one of this act shall be
    49  subject to the expiration and reversion of such subdivision pursuant  to
    50  section  17  of  chapter  576 of the laws of 1974, as amended, when upon
    51  such date the provisions of section two of this act shall  take  effect;
    52  and
    53    (b)  nothing  contained in this act shall be construed so as to extend
    54  the provisions of this act beyond [July 1, 2016]  June  30,  2020,  when

        S. 6406--C                         72                         A. 9006--C
 
     1  upon  such  date  this  act shall expire and the provisions contained in
     2  this act shall be deemed repealed.
     3    § 4. This act shall take effect immediately.

     4                                   PART FF
 
     5    Section  1.  Subject to the provisions of this act, the town of River-
     6  head, county of Suffolk, (hereinafter the "town") is  hereby  authorized
     7  to refund bonds previously issued or refunded between 2000-2008 pursuant
     8  to section 64-e of the town law for the acquisition of land or permanent
     9  rights  on  land.  The  refunding bonds may be sold at public or private
    10  sale in accordance with sections 90.00 or 90.10  of  the  local  finance
    11  law,  provided,  however,  that the town shall be exempt from compliance
    12  with (a) subdivisions 1 and 4 of paragraph a and subdivision 3 of  para-
    13  graph  f  of section 90.00 of the local finance law relating to limiting
    14  the length of time for which refunding bonds can be issued and budgetary
    15  appropriation requirements for payments due on original  bond  issuance,
    16  and (b) subparagraph (a) of subdivision 2 of paragraph b, subdivisions 4
    17  and  5  of  paragraph  e,  and paragraph g of section 90.10 of the local
    18  finance law relating to a required showing of savings for  the  issuance
    19  of  refunding  bonds and limiting the length of time refunding bonds can
    20  be issued for. If the bonds to be refunded are to be redeemed or paid on
    21  the same date as the refunding bonds are issued, the town shall  not  be
    22  required  to  comply  with  the provisions of section 90.10 of the local
    23  finance law relating to the escrow of the proceeds of the  sale  of  the
    24  refunding bonds.
    25    §  2. The refunding bonds authorized to be issued pursuant to this act
    26  shall not be issued unless the governing board  of  the  town  adopts  a
    27  resolution which shall be subject to a permissive referendum pursuant to
    28  article  7  of  the town law. Except for those provisions from which the
    29  town is exempt pursuant to section one  of  this  act,  such  resolution
    30  shall  contain the information required by section 90.00 or 90.10 of the
    31  local finance law, and
    32    (a) the financial plan for the proposed refunding must show the sourc-
    33  es and amounts of all moneys required to accomplish such refunding; and
    34    (b) the period or periods of probable usefulness  for  bonds  provided
    35  that  refunding  bonds  issued  by  the town shall not be limited to the
    36  period of probable usefulness at the time of the issuance of  the  bonds
    37  to  be refunded. A statement of period or periods of probable usefulness
    38  may include an extension of such period of time as  authorized  by  this
    39  act.
    40    §  3.  Notwithstanding  the  thirty year period of probable usefulness
    41  contained in subdivision 21 of paragraph a of section 11.00 of the local
    42  finance law, the period of probable usefulness for  the  acquisition  of
    43  land  or  permanent rights on land and the financing of such acquisition
    44  pursuant to section 64-e of the town law prior to the effective date  of
    45  this act shall be fifty years provided that the resolution is adopted in
    46  compliance with this act, and provided further that such fifty year term
    47  shall only apply to bonds referenced in section one of this act.
    48    §  4.  No further indebtedness by the town shall be authorized for the
    49  acquisition of land or permanent rights on land pursuant to section 64-e
    50  of the town law so long as any repayment obligations exist for refunding
    51  bonds issued pursuant to the provisions of this act.
    52    § 5. This act shall take effect immediately.
 
    53                                   PART GG

        S. 6406--C                         73                         A. 9006--C
 
     1    Section 1. Section 8 of the volunteer firefighters'  benefit  law,  as
     2  amended  by  chapter  574  of  the  laws  of 1998, is amended to read as
     3  follows:
     4    §  8.  Permanent total disability benefits. In the case of total disa-
     5  bility adjudged to be permanent the volunteer firefighter shall be  paid
     6  four  hundred  dollars  for  each  week  during the continuance thereof.
     7  Permanent total disability, within the meaning of  this  section,  shall
     8  exist only if the earning capacity of the volunteer firefighter has been
     9  lost  permanently  and  totally as the result of the injury. The loss of
    10  both hands, or both arms, or both feet, or both legs, or both  eyes,  or
    11  any  two  thereof,  shall,  in  the  absence  of conclusive proof to the
    12  contrary, constitute permanent total disability, but in all other  cases
    13  permanent  total  disability  shall be determined in accordance with the
    14  facts. Notwithstanding any other provisions of this chapter, an  injured
    15  volunteer  firefighter  disabled due to the loss or total loss of use of
    16  both eyes, or both hands, or both arms, or both feet, or both  legs,  or
    17  any  two  thereof shall not suffer any diminution of such weekly benefit
    18  by engaging in business or employment provided his or her  weekly  earn-
    19  ings or wages, when combined with his or her weekly benefit shall not be
    20  in  excess of [six] eight hundred dollars; and further provided that the
    21  application of this section shall not result in  reduction  of  benefits
    22  which  an  injured volunteer firefighter who is disabled due to the loss
    23  or total loss of use of both eyes, or both hands, or both arms, or  both
    24  feet,  or  both  legs, or any two thereof would otherwise be entitled to
    25  under any other provisions of this article.
    26    § 2. This act shall take effect July 1, 2016.
 
    27                                   PART HH
 
    28    Section 1. Paragraph (f) of subdivision  2  of  section  14-l  of  the
    29  transportation  law,  as amended by section 1 of part V of chapter 58 of
    30  the laws of 2013, is amended to read as follows:
    31    (f) No grant or loan to any eligible applicant shall exceed the sum of
    32  one million five hundred thousand dollars, and no part of any such grant
    33  or loan shall be used for salaries or for services regularly provided by
    34  the applicant for administrative costs in connection with such grant  or
    35  loan.
    36    § 2. This act shall take effect immediately.
 
    37                                   PART II

    38    Section  1.  Part  C  of  chapter  58  of the laws of 2005 authorizing
    39  reimbursements for expenditures made by or on behalf of social  services
    40  districts  for  medical  assistance for needy persons and administration
    41  thereof is amended by adding a new section 6-a to read as follows:
    42    § 6-a. 1. Notwithstanding any provision of law to  the  contrary,  the
    43  commissioner  of  health is authorized to establish a statewide Medicaid
    44  integrity and efficiency initiative for the  purpose  of  achieving  new
    45  audit  recoveries,  efficiencies  in  the  administration of the medical
    46  assistance program and other cost  avoidance  measures  through  collab-
    47  oration with social services districts throughout the state. The commis-
    48  sioner may establish a target amount of such recoveries and efficiencies
    49  for districts that elect to participate in the initiative.
    50    2.  On  or  after April 1 of each year, social services districts that
    51  elect to participate shall submit a plan for achieving audit  recoveries
    52  and efficiencies in the administration of the medical assistance program

        S. 6406--C                         74                         A. 9006--C
 
     1  to the department of health for review and approval prior to implementa-
     2  tion.  Districts  are  encouraged  to solicit local stakeholder input in
     3  formulating such plans.
     4    3.  Audit  recoveries  and  efficiencies  in the administration of the
     5  medical assistance program achieved under a plan  approved  pursuant  to
     6  this  section must be validated by the department of health in consulta-
     7  tion with the office of the Medicaid inspector general, and must  result
     8  from district activities specified in the plan, and must not reflect the
     9  impacts  of  federal enhancements or current or future legal settlements
    10  unrelated to  activities  under  the  plan.  Efficiencies  derived  from
    11  actions  that  are  taken  to maximize or enhance preexisting local cost
    12  containment initiatives may be included among the calculation of targets
    13  outlined in the plan, so long as such efficiencies were  not  previously
    14  assumed.
    15    §  2.  This  act shall take effect immediately and shall expire and be
    16  deemed repealed two years after it shall have become a law.
 
    17                                   PART JJ

    18    Section 1. Subdivision 1 of section 92 of part H of chapter 59 of  the
    19  laws  of 2011, amending the public health law and other laws relating to
    20  known and projected department of health state  fund  Medicaid  expendi-
    21  tures,  as  amended  by section 8 of part B of chapter 57 of the laws of
    22  2015, is amended to read as follows:
    23    1. For state fiscal years 2011-12 through 2016-17, the director of the
    24  budget, in consultation with the commissioner of  health  referenced  as
    25  "commissioner"  for  purposes of this section, shall assess on a monthly
    26  basis, as reflected in monthly reports pursuant to subdivision  five  of
    27  this  section known and projected department of health state funds medi-
    28  caid expenditures by category of service and by geographic  regions,  as
    29  defined  by  the  commissioner, and if the director of the budget deter-
    30  mines that such expenditures are expected to  cause  medicaid  disburse-
    31  ments for such period to exceed the projected department of health medi-
    32  caid  state  funds  disbursements  in  the enacted budget financial plan
    33  pursuant to subdivision 3 of section 23 of the state  finance  law,  the
    34  commissioner of health, in consultation with the director of the budget,
    35  shall  develop a medicaid savings allocation plan to limit such spending
    36  to the aggregate limit level specified in the enacted  budget  financial
    37  plan,  provided, however, such projections may be adjusted by the direc-
    38  tor of the budget to account for any  changes  in  the  New  York  state
    39  federal medical assistance percentage amount established pursuant to the
    40  federal social security act, changes in provider revenues, reductions to
    41  local  social services district medical assistance administration, mini-
    42  mum wage increases, and beginning April 1, 2012 the operational costs of
    43  the New York state medical indemnity fund and  state  costs  or  savings
    44  from  the  basic  health plan.   Such projections may be adjusted by the
    45  director of the budget to account for increased or expedited  department
    46  of  health state funds medicaid expenditures as a result of a natural or
    47  other type of disaster, including a governmental declaration of emergen-
    48  cy.
    49    § 2. This act shall take effect immediately and  shall  be  deemed  to
    50  have been in full force and effect on and after April 1, 2016.
 
    51                                   PART KK

        S. 6406--C                         75                         A. 9006--C
 
     1    Section  1. Subdivision d of section 14-150 of the administrative code
     2  of the city of New York, as added by chapter 565 of the laws of 2015, is
     3  amended to read as follows:
     4    d.  The New York city police department shall submit to the city coun-
     5  cil, the governor, the temporary president of the state senate  and  the
     6  speaker  of  the  state  assembly  annually a report detailing the total
     7  number of criminal complaints  and  arrests,  categorized  by  class  of
     8  crime,  for  violent  felony offenses as defined in section 70.02 of the
     9  penal law, assault and  related  offenses  as  defined  in  article  one
    10  hundred  twenty of the penal law, sex offenses as defined in article one
    11  hundred thirty of the  penal  law,  disorderly  conduct  as  defined  in
    12  section 240.20 of the penal law, harassment as defined in section 240.25
    13  and 240.26 of the penal law, aggravated harassment as defined in section
    14  240.30  and  240.31 of the penal law, and offenses against public sensi-
    15  bilities as defined in article two hundred forty-five of the penal  law,
    16  where  the conduct occurs on subway lines and bus routes operated by the
    17  New York city transit authority or the Staten Island rapid transit oper-
    18  ating authority, specifying where such criminal conduct has occurred  by
    19  police  precinct,  including  specific subway line, subway transit divi-
    20  sion, and bus route operated by the New York city transit  authority  or
    21  the  Staten  Island rapid transit operating authority. Such report shall
    22  contain a separate tabulation for employees of the authority, passengers
    23  and other non-employees. Such report shall specify which bus routes  had
    24  the  greatest number of criminal complaints and arrests. Such statistics
    25  shall be tabulated on a monthly basis and on an annual basis  and  shall
    26  be  maintained and transmitted in an electronic format to the department
    27  of records and information services, or its  successor  agency,  and  be
    28  made available to the public on or through the department of records and
    29  information  services' website, or its successor's website. Such statis-
    30  tics shall be first made available on such website ninety days after the
    31  effective date of this subdivision and shall be updated on  at  least  a
    32  monthly basis thereafter.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART LL
 
    35    Section  1.  The  state finance law is amended by adding a new section
    36  99-y to read as follows:
    37    § 99-y. Health republic insurance of New York fund. 1. There is hereby
    38  established in the joint custody of the state comptroller and the super-
    39  intendent of the department of financial services a special fund  to  be
    40  known as the "health republic insurance of New York fund".
    41    2.  (a)  Such  fund  shall  consist  of transfers as authorized by the
    42  director of the budget, in his or her  sole  discretion,  between  April
    43  first,  two  thousand sixteen and March thirty-first, two thousand nine-
    44  teen, from amounts collected as a result of  a  judgement,  stipulation,
    45  decree, agreement to settle, assurance of discontinuance, or other legal
    46  instrument  resolving  any  claim  or  cause of action, whether filed or
    47  unfiled, actual or potential, and  whether  arising  under  common  law,
    48  equity,  or  any  provision  of  law, and all other monies appropriated,
    49  credited, or transferred thereto from any other fund or source  pursuant
    50  to law.
    51    (b)  Paragraph  (a) of this subdivision shall not apply to: (i) moneys
    52  to be distributed to the federal government, to a local  government,  or
    53  to  any  holder  of a bond or other debt instrument issued by the state,
    54  any public authority, or any public benefit corporation; (ii) moneys  to

        S. 6406--C                         76                         A. 9006--C
 
     1  be distributed solely or exclusively as a payment of damages or restitu-
     2  tion to individuals or entities that were specifically injured or harmed
     3  by  the  defendant's or settling party's conduct and that are identified
     4  in,  or can be identified by the terms of, the relevant judgment, agree-
     5  ment to settle, assurance  of  discontinuance,  or  relevant  instrument
     6  resolving  the  claim  or  cause  of  action;  (iii) moneys recovered or
     7  obtained by a state agency or a state official  or  employee  acting  in
     8  their  official  capacity  where  application  of  paragraph (a) of this
     9  subdivision is prohibited by federal law, rule, or regulation, or  would
    10  result  in  the  reduction  or  loss of federal funds or eligibility for
    11  federal benefits pursuant to federal  law,  rule,  or  regulation;  (iv)
    12  moneys  recovered  or  obtained by or on behalf of a public authority, a
    13  public benefit corporation, the department of taxation and finance,  the
    14  workers'  compensation  board,  the  New  York  state  higher  education
    15  services corporation, the tobacco settlement  financing  corporation,  a
    16  state  or  local  retirement  system, an employee health benefit program
    17  administered by the New York state  department  of  civil  service,  the
    18  Title  IV-D  child  support  fund, the lottery prize fund, the abandoned
    19  property fund, or an endowment of the state university of  New  York  or
    20  any  unit  thereof  or any state agency, provided that all of the moneys
    21  received or recovered are immediately transferred to the relevant public
    22  authority, public benefit corporation,  department,  fund,  program,  or
    23  endowment;  (v)  moneys to be refunded to an individual or entity as (1)
    24  an overpayment of a tax, fine, penalty,  fee,  insurance  premium,  loan
    25  payment,  charge  or  surcharge; (2) a return of seized assets; or (3) a
    26  payment made in error; and (vi) moneys to be  used  to  prevent,  abate,
    27  restore,  mitigate,  or  control  any  identifiable instance of prior or
    28  ongoing water, land or air pollution.
    29    3. Monies shall be paid out of this fund  at  the  discretion  of  the
    30  superintendent  of the department of financial services only pursuant to
    31  appropriation and the terms to be set forth in a future chapter of law.
    32    4. Monies shall be paid out of this fund only after  the  distribution
    33  of  all  assets  in  connection  with a liquidation proceeding of Health
    34  Republic Insurance of New York filed pursuant to article seventy-four of
    35  the insurance law has been completed.
    36    5. Monies shall be paid out of this fund on the audit and  warrant  of
    37  the  state  comptroller  on vouchers certified or approved by the super-
    38  intendent of the department of financial services.
    39    § 2. This act shall take effect immediately.
 
    40                                   PART MM
 
    41    Section 1. Notwithstanding any law to the contrary,  the  responsibil-
    42  ities,  duties and functions, pursuant to subdivision 2 of section 70 of
    43  the civil service law, of the intelligence  and  analysis  unit  of  the
    44  office  of counterterrorism within the division of homeland security and
    45  emergency services shall be transferred to the division of state police.
    46    § 2. Paragraphs (f) and (g) of subdivision 2 of  section  709  of  the
    47  executive  law,  as amended by section 14 of part B of chapter 56 of the
    48  laws of 2010, are amended to read as follows:
    49    (f) coordinate state resources for  the  collection  and  analysis  of
    50  information  relating to [terrorist threats and terrorist activities and
    51  other] natural and man-made disasters throughout the  state  subject  to
    52  any applicable laws, rules, or regulations;
    53    (g)  coordinate and facilitate information sharing among local, state,
    54  and federal [law enforcement] agencies to  ensure  appropriate  intelli-

        S. 6406--C                         77                         A. 9006--C
 
     1  gence  to  assist in the early identification of and response to [poten-
     2  tial terrorist activities and other]  natural  and  man-made  disasters,
     3  subject  to  any  applicable  laws,  rules, or regulations governing the
     4  release, disclosure or sharing of any such information;
     5    §  3.  Section 709-a of the executive law, as added by section 15-a of
     6  part B of chapter 56 of the laws of 2010, is amended to read as follows:
     7    § 709-a. Office of counterterrorism. The  office  of  counterterrorism
     8  shall develop and analyze the state's policies, protocols and strategies
     9  relating to the prevention and detection of terrorist acts and terrorist
    10  threats. The office shall also be responsible for [the collection, anal-
    11  ysis  and  sharing  of  information  relating  to  terrorist threats and
    12  terrorist activities throughout  the  state;]  coordinating  strategies,
    13  protocols  and  first  responder equipment needs to detect a biological,
    14  chemical or radiological terrorist act or threat; working  with  private
    15  entities and local, state and federal agencies to conduct assessments of
    16  the  vulnerability  of  critical infrastructure to terrorist attack; and
    17  consulting with appropriate state  and  local  governments  and  private
    18  entities  to  facilitate  and  foster  cooperation to better prepare the
    19  state to prevent and detect threats and acts of terrorism.
    20    § 3-a. Section 223 of the executive law, as amended by chapter 428  of
    21  the laws of 1999, is amended to read as follows:
    22    §  223. Duties and powers of the superintendent of state police and of
    23  members of the state police. 1. It shall be the duty of the  superinten-
    24  dent  of  the state police and of members of the state police to prevent
    25  and detect crime and apprehend criminals. They shall also be subject  to
    26  the  call of the governor and are empowered to co-operate with any other
    27  department of the state or with local  authorities.    They  shall  also
    28  collect  and analyze information relating to prevention and detection of
    29  terrorist threats and terrorist  activities  throughout  the  state  and
    30  share  all  such information subject to paragraph (g) of subdivision two
    31  of section seven hundred nine of this  chapter  among  the  division  of
    32  homeland  security and emergency services, and local, state, and federal
    33  law enforcement agencies  to  ensure  the  coordination  of  appropriate
    34  intelligence  to  assist  in the early identification of and response to
    35  potential terrorist threats and terrorist activities.  They  shall  have
    36  power  to arrest, without a warrant, any person committing or attempting
    37  to commit within their presence or view a breach of the peace  or  other
    38  violation  of  law,  to  serve  and execute warrants of arrest or search
    39  issued by proper authority and to exercise all other  powers  of  police
    40  officers  of  the  state  of  New  York. Any such warrants issued by any
    41  magistrate of the state may be executed by them in any part of the state
    42  according to the tenor thereof without indorsement. But they  shall  not
    43  exercise  their powers within the limits of any city to suppress rioting
    44  and disorder except by direction of the governor or upon the request  of
    45  the  mayor  of the city with the approval of the governor. Any member of
    46  the rank of sergeant or above may take  pre-arraignment  bail  from  any
    47  defendant in the amounts and under the circumstances and conditions that
    48  police may take bail.
    49    2.  The superintendent may, by written order, designate a police offi-
    50  cer, as defined in paragraph (b), (c) or (d) of subdivision  thirty-four
    51  of  section 1.20 of the criminal procedure law, to assist members of the
    52  state police in order to more effectively address the detection of crime
    53  and apprehension of criminals  within  the  state  and  its  localities.
    54  Police  officers  so  designated,  while actively working in conjunction
    55  with members of the state police either directly or as part of a specif-
    56  ic task force, shall be paid by and remain employees of their particular

        S. 6406--C                         78                         A. 9006--C
 
     1  county, city, town or village, but shall for purposes  of  the  criminal
     2  procedure law, have their geographic area of employment deemed to be New
     3  York state.
     4    §  3-b. Section 223 of the executive law, as amended by chapter 843 of
     5  the laws of 1980, is amended to read as follows:
     6    § 223. Duties and powers of the superintendent of state police and  of
     7  members  of the state police. It shall be the duty of the superintendent
     8  of the state police and of members of the state police  to  prevent  and
     9  detect  crime and apprehend criminals. They shall also be subject to the
    10  call of the governor and are empowered  to  co-operate  with  any  other
    11  department  of  the  state  or with local authorities.   They shall also
    12  collect and analyze information relating to prevention and detection  of
    13  terrorist  threats  and  terrorist  activities  throughout the state and
    14  share all such information subject to paragraph (g) of  subdivision  two
    15  of  section  seven  hundred  nine  of this chapter among the division of
    16  homeland security and emergency services and local, state,  and  federal
    17  law  enforcement  agencies  to  ensure  the  coordination of appropriate
    18  intelligence to assist in the early identification of  and  response  to
    19  potential  terrorist  threats  and terrorist activities. They shall have
    20  power to arrest, without a warrant, any person committing or  attempting
    21  to  commit  within their presence or view a breach of the peace or other
    22  violation of law, to serve and execute  warrants  of  arrest  or  search
    23  issued  by  proper  authority and to exercise all other powers of police
    24  officers of the state of New York.  Any  such  warrants  issued  by  any
    25  magistrate of the state may be executed by them in any part of the state
    26  according  to  the tenor thereof without indorsement. But they shall not
    27  exercise their powers within the limits of any city to suppress  rioting
    28  and  disorder except by direction of the governor or upon the request of
    29  the mayor of the city with the approval of the governor. Any  member  of
    30  the  rank  of  sergeant  or above may take pre-arraignment bail from any
    31  defendant in the amounts and under the circumstances and conditions that
    32  police may take bail.
    33    § 4. 1. Transfer of records. Upon the transfer of functions,  pursuant
    34  to  section one of this act, the division of homeland security and emer-
    35  gency services shall deliver to the division of state police, all perti-
    36  nent books, papers, records and property.
    37    2. Existing rights and remedies preserved. No existing right or remedy
    38  of any character shall be lost, impaired or affected by reason  of  this
    39  act.
    40    3. Pending actions and proceedings. No action or proceeding pending at
    41  the  time  when  this  act  shall take effect, brought by or against the
    42  division of homeland security and emergency  services  relating  to  the
    43  function,  power or duty transferred to or devolved upon the division of
    44  state police shall be affected by this act, but the same may  be  prose-
    45  cuted  or  defended in the name of the division of state police and upon
    46  the application to the court, the division  of  state  police  shall  be
    47  substituted as a party.
    48    4.  Completion  of  unfinished  business. Any business or other matter
    49  undertaken or commenced by the division of homeland security  and  emer-
    50  gency  services  pertaining  to or connected with the functions, powers,
    51  obligations and duties transferred and assigned to the division of state
    52  police, pending on the effective date of this act, may be conducted  and
    53  completed  by  the division of state police in the same manner and under
    54  the same terms and conditions and with the same effect as  if  conducted
    55  and  completed  by  the  division  of  homeland  security  and emergency
    56  services.

        S. 6406--C                         79                         A. 9006--C
 
     1    § 5. This act shall take effect immediately; provided,  however,  that
     2  the  amendments  to  section  223  of  the executive law made by section
     3  three-a of this act shall be subject to the expiration and reversion  of
     4  such  section  pursuant to section 3 of chapter 428 of the laws of 1999,
     5  as  amended,  when  upon  such date the provisions of section three-b of
     6  this act shall take effect.

     7                                   PART NN
 
     8    Section 1. This act commits the state of New York (state) and the city
     9  of New York (city) to fund, over a multi-year period, $10,828,000,000 in
    10  capital costs related to projects contained in the  Metropolitan  Trans-
    11  portation  Authority  (MTA) 2015-2019 capital program (capital program).
    12  The state share of $8,336,000,000 shall  consist  of  $1,000,000,000  in
    13  appropriations  first  enacted  in  the 2015-2016 state budget and addi-
    14  tional funds sufficient for Metropolitan Transportation Authority  (MTA)
    15  to  pay  $7,336,000,000  of  capital  costs as provided herein. The city
    16  share of $2,492,000,000 shall consist of $657,000,000 to be provided  by
    17  the city from 2015 through 2019, and additional funds sufficient for MTA
    18  to  pay  $1,835,000,000  of  capital  costs for the capital program. The
    19  $7,336,000,000 of additional funds to be provided by the  state  may  be
    20  used  by  the  MTA to pay direct capital costs and/or the state may fund
    21  such $7,336,000,000 of capital costs through financing mechanisms under-
    22  taken by the MTA.  Unless extraordinary circumstances justify otherwise,
    23  it is intended that the additional funds committed by the state and city
    24  shall be provided concurrently, and  in  proportion  to  the  respective
    25  shares  of  each,  in  accordance  with the funding needs of the capital
    26  program.
    27    § 2.   (a) The additional funds provided  by  the  state  pursuant  to
    28  section one of this act shall be scheduled and made available to pay for
    29  the costs of the capital program after MTA capital resources planned for
    30  the capital program, not including additional city and state funds, have
    31  been  exhausted,  or  when MTA capital resources planned for the capital
    32  program are not available. It is anticipated that state funds  shall  be
    33  required  by,  and  provided  to,  the  MTA  in  an  amount  to  support
    34  $1,500,000,000 of capital costs in the first year in which  planned  MTA
    35  capital  resources  are  exhausted;  $2,600,000,000  in the second year;
    36  $1,840,000,000 in the third year and $1,396,000,000 in the  fourth  year
    37  or thereafter.
    38    (b) Such funds may be provided to the MTA through direct payments from
    39  the  state  and/or  financing mechanisms undertaken by the MTA utilizing
    40  aid paid by the state on a schedule sufficient to  support  the  capital
    41  costs outlined in this act.  The director of the budget (director) shall
    42  annually  determine  the  level  of funding required to meet the state's
    43  commitment and recommend such amounts for  inclusion  in  the  executive
    44  budget.  In  making  such determination, the director shall consider the
    45  availability of MTA capital resources planned for the  capital  program,
    46  the  current progress and timing of the MTA capital program, the financ-
    47  ing mechanisms employed by the MTA, if  any,  and  any  other  pertinent
    48  factors.
    49    (c) State funding amounts, whether direct or in support of a financing
    50  mechanism undertaken by the MTA, shall be subject to appropriation with-
    51  in applicable annual state budgets; provided, however, that in the event
    52  the  state  does not appropriate the full amount of the funding required
    53  pursuant to this act in any year,  such  action  shall  not  reduce  the
    54  commitment  of  the  state  to  fund  the  full state share specified in

        S. 6406--C                         80                         A. 9006--C
 
     1  section one of this act, with the state fulfilling its aggregate commit-
     2  ment in this act no later than state fiscal year  2025-2026  or  by  the
     3  completion  of  the  capital  program.  In  the  event  that the MTA has
     4  exhausted  all currently available sources of funding, the MTA may, with
     5  the approval of the director, issue anticipation notes  or  other  obli-
     6  gations  secured solely by the additional funds specified in subdivision
     7  (a) of this section and shall provide for capitalized interest thereon.
     8    (d) No funds dedicated for operating assistance of the  MTA  shall  be
     9  used  to  reduce  or  supplant  the  commitment  of the state to provide
    10  $7,336,000,000 pursuant to section one of this act.
    11    § 3. In order to annually determine the adequacy and pace of the level
    12  of state funding in support of the MTA's capital program, and  to  gauge
    13  the  availability  of  MTA  capital  resources  planned  for the capital
    14  program, the director may request, and the MTA shall  provide,  periodic
    15  reports on the MTA's capital programs and financial activities in a form
    16  and on a schedule prescribed by the director.
    17    §  4. Subdivision 12 of section 1269 of the public authorities law, as
    18  amended by section 1 of part E of chapter 58 of the  laws  of  2012,  is
    19  amended to read as follows:
    20    12.  The  aggregate  principal  amount  of bonds, notes or other obli-
    21  gations issued after the first day of January, nineteen hundred  ninety-
    22  three  by  the authority, the Triborough bridge and tunnel authority and
    23  the New York city transit authority to fund projects contained in  capi-
    24  tal  program  plans  approved  pursuant to section twelve hundred sixty-
    25  nine-b of this title for the period nineteen hundred ninety-two  through
    26  two  thousand [fourteen] nineteen shall not exceed [thirty-seven] fifty-
    27  five billion [two hundred  eleven]  four  hundred  ninety-seven  million
    28  dollars  [prior  to January one, two thousand thirteen; shall not exceed
    29  thirty-nine billion five hundred forty-four  million  prior  to  January
    30  one, two thousand fourteen; and shall not exceed forty-one billion eight
    31  hundred seventy-seven million dollars thereafter].  Such aggregate prin-
    32  cipal  amount  of  bonds,  notes or other obligations or the expenditure
    33  thereof shall not be subject to any limitation contained  in  any  other
    34  provision  of law on the principal amount of bonds, notes or other obli-
    35  gations or the expenditure thereof  applicable  to  the  authority,  the
    36  Triborough  bridge  and  tunnel  authority  or the New York city transit
    37  authority. The aggregate  limitation  established  by  this  subdivision
    38  shall  not include (i) obligations issued to refund, redeem or otherwise
    39  repay, including by purchase or tender, obligations  theretofore  issued
    40  either  by the issuer of such refunding obligations or by the authority,
    41  the New York city transit authority or the Triborough bridge and  tunnel
    42  authority,  (ii)  obligations  issued  to fund any debt service or other
    43  reserve funds for such obligations, (iii) obligations issued or incurred
    44  to fund the costs of issuance, the payment  of  amounts  required  under
    45  bond  and note facilities, federal or other governmental loans, security
    46  or credit arrangements or  other  agreements  related  thereto  and  the
    47  payment  of  other  financing, original issue premiums and related costs
    48  associated with such obligations, (iv) an amount equal to  any  original
    49  issue  discount from the principal amount of such obligations or to fund
    50  capitalized interest,  (v)  obligations  incurred  pursuant  to  section
    51  twelve  hundred  seven-m  of  this article, (vi) obligations incurred to
    52  fund the acquisition of certain buses for  the  New  York  city  transit
    53  authority  as  identified in a capital program plan approved pursuant to
    54  chapter fifty-three of the laws of nineteen  hundred  ninety-two,  (vii)
    55  obligations  incurred  in connection with the leasing, selling or trans-
    56  ferring of equipment, and (viii) bond anticipation notes or other  obli-

        S. 6406--C                         81                         A. 9006--C
 
     1  gations  payable solely from the proceeds of other bonds, notes or other
     2  obligations which would be included in the  aggregate  principal  amount
     3  specified  in  the  first  sentence  of this subdivision, whether or not
     4  additionally secured by revenues of the authority, or any of its subsid-
     5  iary  corporations,  New  York  city  transit  authority,  or any of its
     6  subsidiary corporations, or Triborough bridge and tunnel authority.
     7    § 5. This act commits the state to obligate at  least  $25,150,000,000
     8  in  funding for the department of transportation (DOT) capital plan over
     9  a multi-year period. This commitment shall consist of $3,763,341,000  in
    10  obligations  for  fiscal  year  2016,  at least $17,402,562,000 in obli-
    11  gations over the course of the remaining four years of the fiscal  years
    12  2016-2020  DOT  capital plan, and at least $3,985,042,000 in obligations
    13  in fiscal year 2021. All such obligations shall  be  subject  to  annual
    14  appropriation and approval by the director of the budget.
    15    §  6.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after April 1, 2016.
 
    17                                   PART OO
 
    18    Section 1. Subdivision 7 of section 1209  of  the  public  authorities
    19  law,  as  amended by chapter 334 of the laws of 2001, is amended to read
    20  as follows:
    21    7. (a) Except as otherwise provided  in  this  section,  all  purchase
    22  contracts  for  supplies,  materials or equipment involving an estimated
    23  expenditure in excess of [fifteen] one hundred thousand dollars and  all
    24  contracts  for  public work involving an estimated expenditure in excess
    25  of [twenty-five] one hundred thousand dollars shall be  awarded  by  the
    26  authority  to  the lowest responsible bidder after obtaining sealed bids
    27  in the manner hereinafter set forth. The aforesaid shall  not  apply  to
    28  contracts for personal, architectural, engineering or other professional
    29  services.  The  authority may reject all bids and obtain new bids in the
    30  manner provided by this section when it is deemed in the public interest
    31  to do so or, in cases where two or more responsible bidders submit iden-
    32  tical bids which are the lowest bids, award the contract to any of  such
    33  bidders or obtain new bids from such bidders. Nothing herein shall obli-
    34  gate the authority to seek new bids after the rejection of bids or after
    35  cancellation  of  an  invitation  to  bid. Nothing in this section shall
    36  prohibit the evaluation of bids on the basis of costs or savings includ-
    37  ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
    38  inspection  services  so  long  as the invitation to bid reasonably sets
    39  forth the criteria to be used in evaluating such costs or savings.  Life
    40  cycle  costs  may  include  but shall not be limited to costs or savings
    41  associated with installation, energy  use,  maintenance,  operation  and
    42  salvage or disposal.
    43    (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
    44  apply to the authority's acquisition of goods or services of  any  kind,
    45  in  the  actual or estimated amount of fifteen thousand dollars or more,
    46  provided that (i) a contract for [personal] services in  the  actual  or
    47  estimated  amount  of  less  than  [twenty] one hundred thousand dollars
    48  shall not require approval by the board of the authority  regardless  of
    49  the  length  of  the  period  over  which the services are rendered, and
    50  provided further that a contract for [personal] services in  the  actual
    51  or  estimated  amount  of  [twenty] one hundred thousand dollars or more
    52  shall require approval by the board of the authority regardless  of  the
    53  length  of the period over which the services are rendered unless such a
    54  contract is awarded to the lowest  responsible  bidder  after  obtaining

        S. 6406--C                         82                         A. 9006--C
 
     1  sealed  bids and (ii) the board of the authority may by resolution adopt
     2  guidelines that authorize the  award  of  contracts  to  small  business
     3  concerns,  to service disabled veteran owned businesses certified pursu-
     4  ant  to  article seventeen-B of the executive law, or minority or women-
     5  owned business enterprises certified pursuant to  article  fifteen-A  of
     6  the executive law, or purchases of goods or technology that are recycled
     7  or  remanufactured,  in  an  amount  not to exceed four hundred thousand
     8  dollars without a formal competitive process and without  further  board
     9  approval.  The board of the authority shall adopt guidelines which shall
    10  be  made  publicly available for the awarding of such contract without a
    11  formal competitive process.
    12    § 2. Intentionally omitted.
    13    § 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
    14  g of subdivision 9 of  section  1209  of  the  public  authorities  law,
    15  subparagraph  (i)  of paragraph f as added by chapter 929 of the laws of
    16  1986, and subparagraph (i) of paragraph g as amended by chapter  725  of
    17  the laws of 1993, are amended to read as follows:
    18    (i)  [The]  Except  for a contract with a value of one hundred million
    19  dollars or less that is awarded pursuant to this paragraph to the propo-
    20  ser whose proposal is  the  lowest  cost,  the  authority  may  award  a
    21  contract  pursuant to this paragraph only after a resolution approved by
    22  a two-thirds vote of its members then in office at a public  meeting  of
    23  the  authority  with  such resolution (A) disclosing the other proposers
    24  and the substance of their proposals, (B)  summarizing  the  negotiation
    25  process  including  the opportunities, if any, available to proposers to
    26  present and modify their proposals, and (C) setting forth  the  criteria
    27  upon  which the selection was made provided however that for purposes of
    28  this subparagraph the board may,  at  its  discretion,  require  such  a
    29  resolution be approved for contracts with a value of one hundred million
    30  dollars or less.
    31    (i)  [The]  Except  for a contract with a value of one hundred million
    32  dollars or less that is awarded pursuant to this paragraph to the propo-
    33  ser whose proposal is  the  lowest  cost,  the  authority  may  award  a
    34  contract  pursuant to this paragraph only after a resolution approved by
    35  a vote of not less than two-thirds of its members then in  office  at  a
    36  public  meeting of the authority with such resolution (A) disclosing the
    37  other proposers and the substance of their  proposals,  (B)  summarizing
    38  the  negotiation  process including the opportunities, if any, available
    39  to proposers to present and modify  their  proposals,  and  (C)  setting
    40  forth  the  criteria  upon which the selection was made provided however
    41  that for purposes of this subparagraph the board may, at its discretion,
    42  require such a resolution be approved for contracts with a value of  one
    43  hundred million dollars or less.
    44    §  4.  Subdivision 13 of section 1209 of the public authorities law is
    45  renumbered subdivision 14 and a new subdivision 13 is added to  read  as
    46  follows:
    47    13. Notwithstanding any other provisions in this section, the authori-
    48  ty shall be allowed to use an electronic bidding system for the purchase
    49  of  goods,  materials,  and  commodities that may inform bidders whether
    50  their bid is the current low bid, and allow bidders to submit  new  bids
    51  before  the  date and time assigned for the opening of bids. Such proce-
    52  dure shall not constitute disclosure of bids  in  violation  of  section
    53  twenty-eight hundred seventy-eight of this chapter.
    54    §  5.  Subdivision 7 of section 1265 of the public authorities law, as
    55  added by chapter 324 of the laws of 1965, is amended to read as follows:

        S. 6406--C                         83                         A. 9006--C
 
     1    7. To acquire, hold and dispose of real or personal  property  in  the
     2  exercise  of  its powers[;], including, the power to dispose of personal
     3  property with a value of five hundred thousand dollars or less by public
     4  auction in accordance with guidelines adopted by the authority  pursuant
     5  to  title  five-A of article nine of this chapter. The board shall adopt
     6  guidelines that shall provide for advertising and such other  safeguards
     7  as the authority may deem appropriate in the public interest.
     8    §  6.  Subdivision 3 of section 1204 of the public authorities law, as
     9  amended by chapter 980 of the laws  of  1958,  is  amended  to  read  as
    10  follows:
    11    3.  To  acquire,  hold,  use  and  dispose  of  equipment, devices and
    12  appurtenances, and other property for its corporate purposes, including,
    13  the power to dispose of personal property with a value of  five  hundred
    14  thousand dollars or less by public auction in accordance with guidelines
    15  adopted by the metropolitan transportation authority pursuant to section
    16  twelve  hundred  sixty-five  of this article and title five-A of article
    17  nine of this chapter.
    18    § 7. Subdivision 3 of section 553 of the  public  authorities  law  is
    19  amended to read as follows:
    20    3. To acquire, hold and dispose of personal property for its corporate
    21  purposes[;], including, the power to dispose of personal property with a
    22  value  of  five  hundred  thousand  dollars or less by public auction in
    23  accordance with guidelines adopted by the authority  pursuant  to  title
    24  five-A  of  article  nine of this chapter.  The board shall adopt guide-
    25  lines that shall provide for advertising and such  other  safeguards  as
    26  the authority may deem appropriate in the public interest.
    27    §  8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
    28  public authorities law, as amended by chapter 334 of the laws  of  2001,
    29  are amended to read as follows:
    30    (a)  Except  as  otherwise  provided  in  this  section,  all purchase
    31  contracts for supplies, materials or equipment  involving  an  estimated
    32  expenditure  in excess of [fifteen] one hundred thousand dollars and all
    33  contracts for public work involving an estimated expenditure  in  excess
    34  of  [twenty-five]  one  hundred thousand dollars shall be awarded by the
    35  authority to the lowest responsible bidder after obtaining  sealed  bids
    36  in  the manner hereinafter set forth. For purposes hereof, contracts for
    37  public work shall exclude contracts for personal, engineering and archi-
    38  tectural, or professional services. The authority may  reject  all  bids
    39  and  obtain  new  bids in the manner provided by this section when it is
    40  deemed in the public interest to do so or, in cases where  two  or  more
    41  responsible  bidders  submit  identical  bids which are the lowest bids,
    42  award the contract to any of such bidders or obtain new bids  from  such
    43  bidders.  Nothing  herein  shall obligate the authority to seek new bids
    44  after the rejection of bids or after cancellation of  an  invitation  to
    45  bid.  Nothing  in  this section shall prohibit the evaluation of bids on
    46  the basis of costs or savings including life cycle costs of the item  to
    47  be  purchased, discounts, and inspection services so long as the invita-
    48  tion to bid reasonably sets forth the criteria to be used in  evaluating
    49  such  costs  or  savings.  Life cycle costs may include but shall not be
    50  limited to costs or savings associated with  installation,  energy  use,
    51  maintenance, operation and salvage or disposal.
    52    (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
    53  apply to the authority's acquisition of goods or services of  any  kind,
    54  in  the  actual or estimated amount of fifteen thousand dollars or more,
    55  provided (i) that a contract for [personal] services in  the  actual  or
    56  estimated  amount  of  less  than  [twenty] one hundred thousand dollars

        S. 6406--C                         84                         A. 9006--C
 
     1  shall not require approval by the board of the authority  regardless  of
     2  the  length  of  the  period  over  which the services are rendered, and
     3  provided further that a contract for [personal] services in  the  actual
     4  or  estimated  amount  of  [twenty] one hundred thousand dollars or more
     5  shall require approval by the board of the authority regardless  of  the
     6  length  of the period over which the services are rendered unless such a
     7  contract is awarded to the lowest  responsible  bidder  after  obtaining
     8  sealed bids, and (ii) the board of the authority may by resolution adopt
     9  guidelines  that  authorize  the  award  of  contracts to small business
    10  concerns, to service disabled veteran owned businesses certified  pursu-
    11  ant  to  article seventeen-B of the executive law, or minority or women-
    12  owned business enterprises certified pursuant to  article  fifteen-A  of
    13  the executive law, or purchases of goods or technology that are recycled
    14  or  remanufactured,  in  an  amount  not to exceed four hundred thousand
    15  dollars without a formal competitive process and without  further  board
    16  approval.  The board of the authority shall adopt guidelines which shall
    17  be  made  publicly available for the awarding of such contract without a
    18  formal competitive process.
    19    § 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
    20  g of subdivision 4 of section 1265-a  of  the  public  authorities  law,
    21  subparagraph  (i)  of paragraph f as added by chapter 929 of the laws of
    22  1986, and subparagraph (i) of paragraph g as amended by chapter  256  of
    23  the laws of 1998, are amended to read as follows:
    24    (i)  [The]  Except  for a contract with a value of one hundred million
    25  dollars or less that is awarded pursuant to this paragraph to the propo-
    26  ser whose proposal is  the  lowest  cost,  the  authority  may  award  a
    27  contract  pursuant to this paragraph only after a resolution approved by
    28  a two-thirds vote of its members then in office at a public  meeting  of
    29  the  authority  with  such resolution (A) disclosing the other proposers
    30  and the substance of their proposals, (B)  summarizing  the  negotiation
    31  process  including  the opportunities, if any, available to proposers to
    32  present and modify their proposals, and (C) setting forth  the  criteria
    33  upon  which the selection was made provided however that for purposes of
    34  this subparagraph the board may,  at  its  discretion,  require  such  a
    35  resolution be approved for contracts with a value of one hundred million
    36  dollars or less.
    37    (i)  [The]  Except  for a contract with a value of one hundred million
    38  dollars or less that is awarded pursuant to this paragraph to the propo-
    39  ser whose proposal is  the  lowest  cost,  the  authority  may  award  a
    40  contract  pursuant to this paragraph only after a resolution approved by
    41  a vote of not less than a two-thirds vote of its members then in  office
    42  at a public meeting of the authority with such resolution (A) disclosing
    43  the  other proposers and the substance of their proposals, (B) summariz-
    44  ing the negotiation process including the opportunities, if any,  avail-
    45  able to proposers to present and modify their proposals, and (C) setting
    46  forth  the  criteria  upon which the selection was made provided however
    47  that for purposes of this subparagraph the board may, at its discretion,
    48  require such a resolution be approved for contracts with a value of  one
    49  hundred million dollars or less.
    50    § 10. Intentionally omitted.
    51    § 11. Subdivision 8 of section 1265-a of the public authorities law is
    52  renumbered  subdivision  9  and  a new subdivision 8 is added to read as
    53  follows:
    54    8. Notwithstanding any other provisions in this section, the authority
    55  shall be allowed to use an electronic bidding system for the purchase of
    56  goods, materials, and commodities that may inform bidders whether  their

        S. 6406--C                         85                         A. 9006--C
 
     1  bid  is the current low bid, and allow bidders to submit new bids before
     2  the date and time assigned for the opening of bids. Such procedure shall
     3  not constitute disclosure of bids in violation of  section  twenty-eight
     4  hundred seventy-eight of this chapter.
     5    § 12. Section 553 of the public authorities law is amended by adding a
     6  new subdivision 22 to read as follows:
     7    22.  Section  twenty-eight  hundred seventy-nine of this chapter shall
     8  apply to the authority's acquisition of goods or services of  any  kind,
     9  in  the  actual or estimated amount of fifteen thousand dollars or more,
    10  provided that (i) a contract for services in  the  actual  or  estimated
    11  amount  of  less  than  one  hundred  thousand dollars shall not require
    12  approval by the board of the authority regardless of the length  of  the
    13  period over which the services are rendered, and provided further that a
    14  contract  for  services in the actual or estimated amount of one hundred
    15  thousand dollars or more shall require approval  by  the  board  of  the
    16  authority regardless of the length of the period over which the services
    17  are rendered unless such a contract is awarded to the lowest responsible
    18  bidder  after  obtaining sealed bids and (ii) the board of the authority
    19  may by resolution adopt guidelines that authorize the award of contracts
    20  to small business concerns, to service disabled veteran owned businesses
    21  certified pursuant to article  seventeen-b  of  the  executive  law,  or
    22  minority or women-owned business enterprises certified pursuant to arti-
    23  cle  fifteen-a of the executive law, or purchases of goods or technology
    24  that are recycled or remanufactured, in an amount  not  to  exceed  four
    25  hundred  thousand dollars without a formal competitive process and with-
    26  out further board approval.   The board of  the  authority  shall  adopt
    27  guidelines  which  shall  be made publicly available for the awarding of
    28  such contract without a formal competitive process.
    29    § 13. Intentionally omitted.
    30    § 14. Intentionally omitted.
    31    § 15. This act shall take effect immediately, and shall expire and  be
    32  deemed repealed April 1, 2021.
 
    33                                   PART PP
 
    34    Section  1.   Section 1261 of the public authorities law is amended by
    35  adding a new subdivision 18-a to read as follows:
    36    18-a.  "Transportation purpose" shall mean a purpose that directly  or
    37  indirectly  supports  all  or  any  of  the  missions or purposes of the
    38  authority, any of its subsidiaries, New York city transit  authority  or
    39  its  subsidiary, including the realization of revenues available for the
    40  costs and expenses of all or any transportation facilities.
    41    § 2. Subdivision 1 of section 119-r of the general municipal  law,  as
    42  added by chapter 717 of the laws of 1967, is amended to read as follows:
    43    1.  To  assure  the  provision  of mass transportation services to the
    44  public at adequate levels and at  reasonable  cost,  every  city,  town,
    45  village  or  county not wholly contained within a city, shall have power
    46  to adopt local laws to authorize:
    47    a. The acquisition, construction, reconstruction, improvement,  equip-
    48  ment, maintenance, financing subject to the provisions of paragraph f of
    49  this  subdivision,  or  operation  of  one  or  more mass transportation
    50  projects. Such municipal corporation shall have power to occupy  or  use
    51  any  of the streets, roads, highways, avenues, parks or public places of
    52  such municipal corporation therefor and to agree upon and  contract  for
    53  the terms and conditions thereof.

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     1    b.  The  making  of  a  contract  or  contracts for the acquisition by
     2  purchase of all or any part of the property, plant and equipment  of  an
     3  existing  mass  transportation facility actually used and useful for the
     4  convenience of the public.
     5    c.  The  making  of  a  contract or contracts with any person, firm or
     6  corporation, including a public authority, for  the  equipment,  mainte-
     7  nance  or  operation  of a mass transportation facility owned, acquired,
     8  constructed, reconstructed or improved by it.
     9    d. The making of a contract or contracts for  a  fair  and  reasonable
    10  consideration  for  mass  transportation  services to be rendered to the
    11  public by a privately-owned or operated  mass  transportation  facility.
    12  Such  power shall include but not be limited to the power to appropriate
    13  funds for payment of such consideration, and to provide that all or part
    14  of such consideration shall be in the form of capital  equipment  to  be
    15  furnished to and used and maintained by such privately-owned or operated
    16  mass transportation facility.
    17    e. The making of unconditional grants of money or property to a public
    18  authority  providing mass transportation services to all or part of such
    19  municipal corporation in order to assist such public authority in  meet-
    20  ing  its  capital  or  operating  expenses, provided such money does not
    21  consist of borrowed funds and such property has not been acquired by the
    22  use of borrowed funds. Such purpose is hereby  declared  to  be  county,
    23  city,  town  or  village  purposes, respectively. The provisions of this
    24  paragraph are intended as enabling legislation only  and  shall  not  be
    25  interpreted  as  implying that absent their enactment a municipal corpo-
    26  ration would lack the power to authorize any such grant; but they  shall
    27  not  be  interpreted as an authorization to public authorities generally
    28  to accept such grants. The acceptance of any  such  grant  by  a  public
    29  authority  shall  not  operate  to  make such authority an agency of the
    30  municipal corporation making the grant.
    31    f. The making of  a  contract  with  the  metropolitan  transportation
    32  authority, by itself or with one or more other municipal corporations to
    33  assist  the  authority  in  meeting its capital or operating expenses in
    34  providing mass transportation services of benefit to all or part of such
    35  municipal corporation, including undertaking a mass transportation capi-
    36  tal project in or near  the  municipal  corporation.  Such  a  municipal
    37  corporation may, according to the terms of the contract with the author-
    38  ity,  establish, levy and collect taxes, assessments, and/or charges and
    39  may conditionally or unconditionally grant or pledge a  portion  of  its
    40  revenues  allocated  according  to  subdivision e of this section.  Such
    41  municipal corporation may designate mass transportation capital  project
    42  districts  that a municipal corporation finds, after conducting a public
    43  hearing, will benefit from an  identified  mass  transportation  capital
    44  project. Upon designating such a district, the municipal corporation may
    45  allocate  a portion of its revenues from the district according to terms
    46  it designs or has agreed to by contract.  The municipal corporation may,
    47  in allocating and collecting revenues from the district, make use of one
    48  or more methods to capture the value created by  a  mass  transportation
    49  capital project, including, but not limited to:
    50    (i) tax increment financing, meaning the allocation of an increment of
    51  property  tax  revenues in excess of the amount levied at the time prior
    52  to planning of a mass transportation capital project;
    53    (ii) a special transportation assessment imposed upon  benefited  real
    54  property  in  proportion to the benefit received by such property from a
    55  mass transportation capital project, which shall not constitute a tax;

        S. 6406--C                         87                         A. 9006--C
 
     1    (iii) land value taxation, meaning the allocation of an  increment  of
     2  tax  revenues gained from levying taxes on the assessed value of taxable
     3  land at a higher rate than the improvements, as defined  in  subdivision
     4  twelve of section one hundred two of the real property tax law; and
     5    (iv)  some combination of the above or other methods of gaining reven-
     6  ues that the municipal corporation is empowered to  use,  provided  that
     7  the  total  amount  of  all  taxes, assessments, fees, charges, or rates
     8  levied on each parcel or lot under this section shall be  limited  to  a
     9  proportionate  amount  as  near  as possible to the actual benefit which
    10  each lot or parcel will derive  from  the  mass  transportation  capital
    11  project; and
    12    (v)  for  purposes  of  this  paragraph the term municipal corporation
    13  shall include only those cities, towns, villages and counties  described
    14  in section twelve hundred sixty-two of the public authorities law.
    15    §  3. This act shall take effect immediately; provided that the amend-
    16  ments to subdivision 1 of section 119-r of  the  general  municipal  law
    17  made  by  section  two  of  this act shall expire and be deemed repealed
    18  April 1, 2021, and provided further that such repeal  shall  not  affect
    19  the  validity  or duration of any contract entered into before that date
    20  pursuant to paragraph f of such subdivision.
 
    21                                   PART QQ
 
    22    Section 1. Section 2 of part EE of chapter 60 of  the  laws  of  2011,
    23  amending  the  New York state urban development corporation act relating
    24  to the new markets tax credits, is amended to read as follows:
    25    § 2. This act shall take effect immediately and shall  expire  and  be
    26  deemed repealed [5] 10 years after such effective date.
    27    § 2. This act shall take effect immediately.
 
    28                                   PART RR
 
    29    Section  1.  The  public  authorities  law  is amended by adding a new
    30  section 1678-a to read as follows:
    31    § 1678-a. New York state design and construction corporation act.   1.
    32  Purposes  of  act.    The  purposes  of  the  New  York state design and
    33  construction corporation act are to establish the New York state  design
    34  and  construction  corporation to provide (a) additional project manage-
    35  ment expertise, monitoring and oversight on public works  projects  each
    36  having  a  total  or  aggregate  construction  value  in excess of fifty
    37  million dollars undertaken by state agencies, state departments  subject
    38  to  the  provisions of this section, and state authorities including one
    39  created by chapter one  hundred  fifty-four  of  the  laws  of  nineteen
    40  hundred  twenty-one and one created by chapter eight hundred twenty-four
    41  of the laws of nineteen hundred thirty-three herein after referred to as
    42  "state entity"; and (b) a means to implement and recommend  improvements
    43  and  other  project  changes  on  such proposed public works projects in
    44  excess of fifty million dollars in total or aggregate value, in  a  more
    45  timely fashion, to ensure that such projects can be accomplished, to the
    46  extent  practicable, on time, within budget and at an acceptable overall
    47  quality and cost to the state of New York.
    48    2. New York state design and construction corporation.  (a)  There  is
    49  hereby  established  the  New  York state design and construction corpo-
    50  ration as a subsidiary corporation of the dormitory authority.
    51    (b) The dormitory authority may provide or lease  to  such  subsidiary
    52  corporation any real, personal or mixed property as shall be required in

        S. 6406--C                         88                         A. 9006--C
 
     1  order  to  carry  out the purposes of this act. The authority may assign
     2  any such employees to work for the corporation as shall be  required  in
     3  order  to  carry out the purposes of this section and all such employees
     4  shall  retain their respective civil service classifications, seniority,
     5  status, and rights pursuant to their collective bargaining units  and/or
     6  collective  bargaining  agreements,  as  applicable. Notwithstanding any
     7  provision of law to the contrary, the term "employee" as  set  forth  in
     8  this  section  shall  mean  a  dormitory authority employee assigned, in
     9  whole, or in part, to work for the corporation.
    10    (c) Such corporation shall be a body corporate and politic  constitut-
    11  ing  a public benefit corporation, and shall have all of the privileges,
    12  immunities, tax exemptions and other exemptions of the dormitory author-
    13  ity to the extent the same are not inconsistent with this section.
    14    (d) The board of the corporation shall consist  of  three  members  as
    15  designated  by  the governor, and the governor shall designate the chair
    16  from among the members of the corporation's board. The  members  of  the
    17  corporation's  board shall serve until such time as his or her successor
    18  is appointed by the governor.
    19    (e) A quorum shall consist of a majority of the members of the  board.
    20  A  quorum  shall  be  required  for  the  board to conduct business, and
    21  approval of any matter properly  before  the  board  shall  require  the
    22  affirmative  vote  of the majority of the board.  Meetings of the corpo-
    23  ration shall be called by the chair, or by a  majority  of  the  members
    24  appointed. Meetings shall be held at least bi-annually.
    25    (f)  Nothing  in  this  subdivision  shall  be construed to impose any
    26  liabilities, obligations or responsibilities of  such  corporation  upon
    27  the  dormitory  authority,  and the authority shall have no liability or
    28  responsibility therefor unless the authority expressly agrees by  resol-
    29  ution of the authority board to assume the same.
    30    (g) The provisions of section sixteen hundred ninety-one of this title
    31  shall  in all respects apply to members of the corporation and any offi-
    32  cer, employee  or  agent  of  the  dormitory  authority  transferred  or
    33  assigned  to  the corporation, while acting within the scope of his, her
    34  or its authority.
    35    (h) All of the provisions of sections seventeen and  nineteen  of  the
    36  public  officers law shall apply to the members, directors, officers and
    37  employees of the corporation.
    38    (i) The corporation created pursuant to this section shall be  subject
    39  to  any  other  provisions of this chapter pertaining to subsidiaries of
    40  public authorities to the extent that such provisions are not inconsist-
    41  ent with the provisions of this section.
    42    3. Corporation review and oversight of certain public works contracts.
    43  For public works projects having a total or aggregate construction value
    44  in excess of fifty million dollars, hereinafter referred to as  "covered
    45  projects",  and  for  any  and  all  contracts  relating to such covered
    46  projects which are advertised for bid or proposal or otherwise  procured
    47  and/or entered into on or after January first, two thousand sixteen:
    48    (a) Any state entity proposing a covered project shall provide written
    49  notice  to  the corporation of such proposal, to include without limita-
    50  tion, the estimated value of the covered project and a  summary  of  the
    51  scope  and  duration  of  such  covered  project.  Projects shall not be
    52  divided or segmented for the purposes of avoiding  compliance  with  the
    53  provisions  of this act. For purposes of this section, "covered project"
    54  shall not include capital projects of the office of  state  comptroller,
    55  office  of  the attorney general or education department of the state of
    56  New York.

        S. 6406--C                         89                         A. 9006--C
 
     1    (b) The corporation shall have the authority to, and may, in its  sole
     2  discretion,  review,  monitor,  and  oversee,  in whole or in part, such
     3  covered project, and make recommendations regarding necessary corrective
     4  or other action to any state entity  in  connection  with  such  covered
     5  project  provided  that  the  corporation, in its sole discretion, deems
     6  such covered project to be at risk of being delayed, not being completed
     7  within budget, or not completed at an acceptable level of quality.
     8    (c) For the purposes of this section, the term  "project"  shall  mean
     9  any work associated with the planning, acquisition, design, engineering,
    10  environmental analysis, construction, reconstruction, restoration, reha-
    11  bilitation,  establishment,  improvement, renovation, extension, repair,
    12  revitalization, management and development of a capital asset as defined
    13  in section two of the state finance law.
    14    (d) The state entity undertaking such covered project shall  cooperate
    15  in good faith with the corporation, and provide reasonable access to all
    16  personnel,  books, records, plans, specifications, data and other infor-
    17  mation as may be necessary for the corporation to  perform  its  duties.
    18  The  corporation  shall limit its request for access to such information
    19  that is reasonably  necessary,  as  determined  by  the  corporation  to
    20  perform its duties.
    21    (e)  In  the event the corporation determines that corrective or other
    22  action is necessary for such covered project, then the corporation shall
    23  provide the state entity with written notice of what corrective or other
    24  actions the  corporation  recommends  as  necessary  to  accomplish  the
    25  project,  to  the  extent  practicable, on time, within budget and at an
    26  acceptable overall cost to the state of New  York.  Such  corrective  or
    27  other action may include, but not be limited to:
    28    (i) Modification of such plans, schedules, specifications, designs and
    29  estimates  of costs for the construction of the project and equipment of
    30  facilities;
    31    (ii) Detailed analysis of the project schedule so as  to  cure  delays
    32  that may have occurred or prevent future delay;
    33    (iii) Detailed analysis of project budget;
    34    (iv)  Detailed  analysis  of  change  orders  and/or payments to prime
    35  contractors, subcontractors and other parties;
    36    (v)  Detailed  analysis  of  records  of  construction   observations,
    37  inspections and deficiencies;
    38    (vi)  Exercise  of  applicable  rights and/or remedies with respect to
    39  contracts, contractors, subcontractors or other consultants;
    40    (vii) Procurement of independent  auditors,  project  managers,  legal
    41  counsel, or other professionals for the benefit of the project;
    42    (viii)  Regular  reporting  of  project  status  and milestones to the
    43  corporation;
    44    (ix) Active project management review and  oversight  utilizing  addi-
    45  tional resources provided by the corporation; and
    46    (x) Periodic project review and audit by the corporation on a suitable
    47  time interval determined by the corporation.
    48    The state entity undertaking the project shall have a period of thirty
    49  days,  or shorter if the corporation determines that a shorter period is
    50  required by the circumstances or longer  if  the  corporation  consents,
    51  from receipt of written notice of recommended corrective action from the
    52  corporation,  to  notify the corporation in writing of its acceptance or
    53  rejection of the corrective or other action. In the event that the state
    54  entity rejects any corrective or other action, in whole or in  part,  it
    55  shall provide simultaneous written notice to the corporation accompanied
    56  by  a  reasoned  explanation in support of its rejection. Such rejection

        S. 6406--C                         90                         A. 9006--C
 
     1  shall be reported to the secretary to the governor and the  director  of
     2  the  division of budget within fifteen days of its receipt by the corpo-
     3  ration.
     4    (f)  Any  state  entity  proposing  a  covered project shall include a
     5  summary of the provisions of this section in all  such  proposal  and/or
     6  bid documents for such projects.
     7    4.  General  powers and duties of the corporation. (a) The corporation
     8  shall have the power to:
     9    (i) Sue and be sued;
    10    (ii) Have a seal and alter the same at pleasure;
    11    (iii) Make and alter by-laws for its organization and internal manage-
    12  ment and make rules and regulations governing same;
    13    (iv) Appoint such officers and employees from the officers and employ-
    14  ees of the authority, as it may  require  for  the  performance  of  its
    15  duties  and  fix and determine their qualifications, duties, and compen-
    16  sation, and  retain  or  employ  counsel,  auditors,  private  financial
    17  consultants,  professional  engineers or other technical consultants and
    18  other services on a contract basis or otherwise, for  the  rendering  of
    19  professional, business or technical services and advice;
    20    (v)  Make and execute contracts and all other instruments necessary or
    21  convenient for the exercise of  its  powers  and  functions  under  this
    22  section;
    23    (vi)  Engage  the  services of private consultants on a contract basis
    24  for rendering professional and technical assistance advice  relating  to
    25  covered projects;
    26    (vii) Procure insurance against any loss in connection with its activ-
    27  ities,  properties and other assets, in such amount and from such insur-
    28  ance as it deems desirable; and
    29    (viii) Invest any funds of the corporation, or any other monies  under
    30  its  custody and control not required for immediate use or disbursement,
    31  at the discretion of the corporation, in obligations of the state or the
    32  United States government or obligations the principal  and  interest  of
    33  which  are  obligations in which the comptroller of the state is author-
    34  ized to invest pursuant to section ninety-eight  of  the  state  finance
    35  law.
    36    (b)  The corporation may do any and all things necessary or convenient
    37  to carry out and exercise the powers given and granted by this section.
    38    (c) Notwithstanding any other provision of law, to the  contrary,  all
    39  state  entities  and their officers shall cooperate with the corporation
    40  in good faith and may implement the recommendations of the corporation.
    41    § 2. This act shall take effect immediately and shall  expire  and  be
    42  deemed repealed July 1, 2022; provided, however, that the repeal of this
    43  act  shall  not  impair or otherwise affect any of the outstanding obli-
    44  gations, responsibilities,  functions,  rights  or  liabilities  of  the
    45  corporation,  unless  adequate provisions have been made for the payment
    46  or exercise thereof.
 
    47                                   PART SS
 
    48    Section 1. Section 200 of the workers' compensation law, as  added  by
    49  chapter 600 of the laws of 1949, is amended to read as follows:
    50    §  200.  Short  title. This article shall be known and may be cited as
    51  the "disability benefits law and the paid family leave benefits law."
    52    § 2. Subdivision 14 of section 201 of the workers'  compensation  law,
    53  as added by chapter 600 of the laws of 1949 and as renumbered by chapter

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     1  438  of  the  laws of 1964, is amended and nine new subdivisions 15, 16,
     2  17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
     3    14.  "A  day  of  disability"  means any day on which the employee was
     4  prevented from performing work because of disability, including any  day
     5  which the employee uses for family leave, and for which [he] the employ-
     6  ee has not received his or her regular remuneration.
     7    15.  "Family  leave"  shall  mean  any leave taken by an employee from
     8  work:   (a) to participate in  providing  care,  including  physical  or
     9  psychological  care,  for a family member of the employee made necessary
    10  by a serious health condition of the family member; or (b) to bond  with
    11  the  employee's  child  during the first twelve months after the child's
    12  birth, or the first twelve months after the placement of the  child  for
    13  adoption  or foster care with the employee; or (c) because of any quali-
    14  fying exigency as interpreted under the family and medical leave act, 29
    15  U.S.C.S § 2612(a)(1)(e) and 29 C.F.R.  S.825.126(a)(1)-(8), arising  out
    16  of  the  fact that the spouse, domestic partner, child, or parent of the
    17  employee is on active duty (or has been notified of an impending call or
    18  order to active duty) in the armed forces of the United States.
    19    16. "Child" means a biological, adopted, or foster son or daughter,  a
    20  stepson  or  stepdaughter, a legal ward, a son or daughter of a domestic
    21  partner, or the person to whom the employee stands in loco parentis.
    22    17. "Domestic partner" has the same meaning as set  forth  in  section
    23  four of this chapter.
    24    18.  "Serious  health condition" means an illness, injury, impairment,
    25  or physical or mental condition that involves inpatient care in a hospi-
    26  tal, hospice, or residential health care facility, continuing  treatment
    27  or  continuing  supervision by a health care provider. Continuing super-
    28  vision by a health care provider includes a period of  incapacity  which
    29  is permanent or long term due to a condition for which treatment may not
    30  be effective where the family member is under the continuing supervision
    31  of, but need not be receiving active treatment by, a health care provid-
    32  er.
    33    19.  "Parent"  means  a  biological,  foster,  or  adoptive  parent, a
    34  parent-in-law, a stepparent, a legal guardian, or other person who stood
    35  in loco parentis to the employee when the employee was a child.
    36    20. "Family member" means a child,  parent,  grandparent,  grandchild,
    37  spouse, or domestic partner as defined in this section.
    38    21. "Grandchild" means a child of the employee's child.
    39    22. "Health care provider" shall mean for the purpose of family leave,
    40  a  person  licensed  under  article  one hundred thirty-one, one hundred
    41  thirty-one-B, one hundred  thirty-two,  one  hundred  thirty-three,  one
    42  hundred  thirty-six, one hundred thirty-nine, one hundred forty-one, one
    43  hundred forty-three, one hundred forty-four,  one  hundred  fifty-three,
    44  one  hundred fifty-four, one hundred fifty-six or one hundred fifty-nine
    45  of the education law or a person licensed under the public  health  law,
    46  article  one  hundred  forty of the education law or article one hundred
    47  sixty-three of the education law.
    48    23. "Grandparent" means a parent of the employee's parent.
    49    § 3. Section 203 of the workers' compensation law, as amended by chap-
    50  ter 436 of the laws of 1986, is amended to read as follows:
    51    § 203. Employees eligible for benefits under section two hundred  four
    52  of this article.  Employees in employment of a covered employer for four
    53  or  more  consecutive  weeks and employees in employment during the work
    54  period usual to and available during such four or more consecutive weeks
    55  in any trade or business in which they are  regularly  employed  and  in
    56  which  hiring  from day to day of such employees is the usual employment

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     1  practice shall be  eligible  for  disability  benefits  as  provided  in
     2  section  two hundred four of this article.  Employees in employment of a
     3  covered employer for twenty-six or more consecutive weeks and  employees
     4  in  employment during the work period usual to and available during such
     5  twenty-six or more consecutive weeks in any trade or business  in  which
     6  they  are regularly employed and in which hiring from day to day of such
     7  employees is the usual employment practice shall be eligible for  family
     8  leave  benefits as provided in section two hundred four of this article.
     9  Every such employee shall continue to be eligible for family leave bene-
    10  fits only during employment with a covered employer. Every such employee
    11  shall continue to  be  eligible  for  disability  benefits  during  such
    12  employment  and  for a period of four weeks after such employment termi-
    13  nates regardless of whether the employee performs any work for remunera-
    14  tion or profit in non-covered employment. If during such four week peri-
    15  od the employee performs any work for remuneration or profit for another
    16  covered employer the employee shall become eligible for disability bene-
    17  fits immediately with respect to that employment. In addition every such
    18  employee who has previously completed four or more consecutive weeks  in
    19  employment  with  the  covered employer for purposes of disability bene-
    20  fits, or twenty-six or more consecutive weeks  in  employment  with  the
    21  covered  employer for purposes of paid family leave, and returns to work
    22  with the same employer after an agreed and  specified  unpaid  leave  of
    23  absence or vacation without pay shall become eligible for benefits imme-
    24  diately with respect to such employment. An employee who during a period
    25  in which he or she is eligible to receive benefits under subdivision two
    26  of  section two hundred seven of this article returns to employment with
    27  a covered employer and an employee who is currently receiving  unemploy-
    28  ment  insurance  benefits or benefits under section two hundred seven of
    29  this article and who returns to employment with a covered employer shall
    30  become eligible for disability benefits immediately with respect to such
    31  employment.  An employee regularly in the employment of a single employ-
    32  er on a work schedule less than the employer's normal  work  week  shall
    33  become eligible for disability leave benefits on the twenty-fifth day of
    34  such regular employment and for purposes of paid family leave an employ-
    35  er  shall  become eligible for benefits on the one hundred seventy-fifth
    36  day of such regular employment. An employee who [becomes disabled while]
    37  is eligible for disability and family leave benefits in  the  employment
    38  of  a  covered  employer  shall  not be deemed, for the purposes of this
    39  article, to have such employment terminated during any period he or  she
    40  is  eligible  to receive benefits under section two hundred four of this
    41  article with respect to such employment.
    42    § 4. The workers' compensation law is  amended  by  adding  three  new
    43  sections 203-a, 203-b and 203-c to read as follows:
    44    §  203-a.  Retaliatory  action  prohibited  for  family  leave. 1. The
    45  provisions of section one hundred twenty of this chapter and section two
    46  hundred forty-one of this article shall be applicable to family leave.
    47    2. Nothing in this section shall be deemed  to  diminish  the  rights,
    48  privileges,  or remedies of any employee under any collective bargaining
    49  agreement or employment contract.
    50    § 203-b. Reinstatement following family leave. Any  eligible  employee
    51  of  a covered employer who takes leave under this article shall be enti-
    52  tled, on return from such leave, to be restored by the employer  to  the
    53  position of employment held by the employee when the leave commenced, or
    54  to be restored to a comparable position with comparable employment bene-
    55  fits,  pay  and  other terms and conditions of employment. The taking of
    56  family leave shall not result in the  loss  of  any  employment  benefit

        S. 6406--C                         93                         A. 9006--C
 
     1  accrued prior to the date on which the leave commenced.  Nothing in this
     2  section  shall  be  construed  to  entitle  any restored employee to the
     3  accrual of any seniority or employment benefits  during  any  period  of
     4  leave,  or  any  right,  benefit or position to which the employee would
     5  have been entitled had the employee not taken the leave.
     6    § 203-c Health insurance during family leave.  In accordance with  the
     7  Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any period
     8  of family leave the employer shall maintain any existing health benefits
     9  of  the  employee  in  force  for  the  duration of such leave as if the
    10  employee had continued to work from the date he or she commenced  family
    11  leave until the date he or she returns to employment.
    12    § 5. Section 204 of the workers' compensation law, as added by chapter
    13  600  of  the laws of 1949, subdivision 2 as amended by chapter 38 of the
    14  laws of 1989, is amended to read as follows:
    15    § 204. Disability and family leave during  employment.  1.  Disability
    16  benefits  shall  be  payable  to  an  eligible employee for disabilities
    17  [commencing after June thirtieth,  nineteen  hundred  fifty],  beginning
    18  with  the  eighth  [consecutive] day of disability and thereafter during
    19  the continuance of disability, subject to the limitations as to  maximum
    20  and minimum amounts and duration and other conditions and limitations in
    21  this  section  and  in  sections two hundred five and two hundred six of
    22  this article.  Family leave benefits shall be  payable  to  an  eligible
    23  employee for the first full day when family leave is required and there-
    24  after  during  the  continuance of the need for family leave, subject to
    25  the limitations as to maximum and minimum amounts and duration and other
    26  conditions and limitations in this section and in sections  two  hundred
    27  five and two hundred six of this article. Successive periods of disabil-
    28  ity  or  family  leave  caused by the same or related injury or sickness
    29  shall be deemed a single period of disability or family  leave  only  if
    30  separated by less than three months.
    31    2. (a) The weekly benefit for family leave that occurs (i) on or after
    32  January first, two thousand eighteen shall not exceed eight weeks during
    33  any  fifty-two  week  calendar  period and shall be fifty percent of the
    34  employee's average weekly wage but shall not exceed fifty percent of the
    35  state average weekly wage, (ii) on or after January first, two  thousand
    36  nineteen  shall  not exceed ten weeks during any fifty-two week calendar
    37  period and shall be fifty-five percent of the employee's average  weekly
    38  wage but shall not exceed fifty-five percent of the state average weekly
    39  wage,  (iii)  on  or  after January first, two thousand twenty shall not
    40  exceed ten weeks during any fifty-two week calendar period and shall  be
    41  sixty percent of the employee's average weekly wage but shall not exceed
    42  sixty  percent  of  the  state average weekly wage, and (iv) on or after
    43  January first of each succeeding year, shall  not  exceed  twelve  weeks
    44  during  any  fifty-two  week  calendar  period  and shall be sixty-seven
    45  percent of the employee's average  weekly  wage  but  shall  not  exceed
    46  sixty-seven percent of the New York state average weekly wage in effect.
    47  The  superintendent of financial services shall have discretion to delay
    48  the increases in the family leave benefit  level  provided  in  subpara-
    49  graphs  (ii),  (iii), and (iv) of this paragraph by one or more calendar
    50  years. In determining whether to delay the increase in the family  leave
    51  benefit  for  any  year,  the superintendent of financial services shall
    52  consider: (1) the current cost to employees of the family leave  benefit
    53  and  any expected change in the cost after the benefit increase; (2) the
    54  current number of insurers issuing  insurance  policies  with  a  family
    55  leave  benefit and any expected change in the number of insurers issuing
    56  such policies after the benefit increase; (3) the impact of the  benefit

        S. 6406--C                         94                         A. 9006--C
 
     1  increase on employers' business and the overall stability of the program
     2  to  the  extent that information is readily available; (4) the impact of
     3  the benefit increase on the financial stability of  the  disability  and
     4  family  leave  insurance  market  and  carriers;  and (5) any additional
     5  factors that the superintendent of financial services deems relevant. If
     6  the superintendent of financial services  delays  the  increase  in  the
     7  family  leave  benefit  level for one or more calendar years, the family
     8  leave benefit level that shall take  effect  immediately  following  the
     9  delay  shall  be the same benefit level that would have taken effect but
    10  for the delay.  The weekly benefits for family leave that occurs  on  or
    11  after  January  first,  two thousand eighteen shall not be less than one
    12  hundred dollars per week except that if the employee's wages at the time
    13  of family leave are less than one hundred dollars per week, the employee
    14  shall receive his or her full wages.  Benefits may be payable to employ-
    15  ees for paid family leave taken intermittently or for less than  a  full
    16  work week in increments of one full day or one fifth of the weekly bene-
    17  fit.
    18    (b)  The  weekly  benefit  which  the disabled employee is entitled to
    19  receive for disability  commencing  on  or  after  May  first,  nineteen
    20  hundred eighty-nine shall be one-half of the employee's weekly wage, but
    21  in no case shall such benefit exceed one hundred seventy dollars; except
    22  that  if the employee's average weekly wage is less than twenty dollars,
    23  the benefit shall be such average weekly wage. The weekly benefit  which
    24  the  disabled  employee is entitled to receive for disability commencing
    25  on or after July first, nineteen hundred eighty-four shall  be  one-half
    26  of  the employee's weekly wage, but in no case shall such benefit exceed
    27  one hundred forty-five dollars; except that if  the  employee's  average
    28  weekly wage is less than twenty dollars, the benefit shall be such aver-
    29  age weekly wage. The weekly benefit which the disabled employee is enti-
    30  tled  to receive for disability commencing on or after July first, nine-
    31  teen hundred eighty-three and prior  to  July  first,  nineteen  hundred
    32  eighty-four shall be one-half of the employee's average weekly wage, but
    33  in no case shall such benefit exceed one hundred thirty-five dollars nor
    34  be less than twenty dollars; except that if the employee's average week-
    35  ly  wage  is  less than twenty dollars the benefit shall be such average
    36  weekly wage. The weekly benefit which the disabled employee is  entitled
    37  to  receive  for  disability commencing on or after July first, nineteen
    38  hundred seventy-four, and prior to July first, nineteen hundred  eighty-
    39  three,  shall  be one-half of the employee's average weekly wage, but in
    40  no case shall such benefit exceed ninety-five dollars nor be  less  than
    41  twenty  dollars;  except  that  if the employee's average weekly wage is
    42  less than twenty dollars, the benefit shall be such average weekly wage.
    43  The weekly benefit which the disabled employee is  entitled  to  receive
    44  for  disability  commencing  on  or  after  July first, nineteen hundred
    45  seventy and prior to July first, nineteen hundred seventy-four shall  be
    46  one-half  of  the  employee's  average weekly wage, but in no case shall
    47  such benefit  exceed  seventy-five  dollars  nor  be  less  than  twenty
    48  dollars;  except that if the employee's average weekly wage is less than
    49  twenty dollars the benefit shall be such average weekly wage.   For  any
    50  period  of  disability less than a full week, the benefits payable shall
    51  be calculated by dividing the  weekly  benefit  by  the  number  of  the
    52  employee's normal work days per week and multiplying the quotient by the
    53  number  of  normal  work  days  in such period of disability. The weekly
    54  benefit for a disabled employee who is concurrently eligible  for  bene-
    55  fits  in  the employment of more than one covered employer shall, within
    56  the maximum and minimum herein provided, be one-half of the total of the

        S. 6406--C                         95                         A. 9006--C
 
     1  employee's average weekly wages received from all such  covered  employ-
     2  ers,  and shall be allocated in the proportion of their respective aver-
     3  age weekly wage payments.
     4    § 6. Section 205 of the workers' compensation law, as added by chapter
     5  600  of the laws of 1949, subdivision 1 as amended by chapter 651 of the
     6  laws of 1958, subdivision 2 as amended by chapter 270  of  the  laws  of
     7  1990,  subdivision  5 as amended by chapter 288 of the laws of 1970, and
     8  subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by  chapter  352  of  the
     9  laws of 1981, is amended to read as follows:
    10    §  205.  Disabilities, family leave and [disability] periods for which
    11  benefits are not payable. 1. No employee shall be entitled to disability
    12  benefits under this article:
    13    [1.] (a) For more than twenty-six weeks minus any days taken for fami-
    14  ly leave during any fifty-two consecutive calendar weeks during a period
    15  of fifty-two consecutive calendar weeks or  during  any  one  period  of
    16  disability, or for more than twenty-six weeks;
    17    [2.]  (b) for any period of disability during which an employee is not
    18  under the care of a duly licensed physician or with respect to disabili-
    19  ty resulting from a condition of the foot which may lawfully be  treated
    20  by a duly registered and licensed podiatrist of the state of New York or
    21  with  respect  to  a  disability  resulting  from  a condition which may
    22  lawfully be treated by a duly registered and  licensed  chiropractor  of
    23  the  state  of New York or with respect to a disability resulting from a
    24  condition which may lawfully be treated by a duly  licensed  dentist  of
    25  the  state  of New York or with respect to a disability resulting from a
    26  condition which may  lawfully  be  treated  by  a  duly  registered  and
    27  licensed  psychologist  of  the  state  of New York or with respect to a
    28  disability resulting from a condition which may lawfully be treated by a
    29  duly certified nurse midwife, for any period of such  disability  during
    30  which  an employee is neither under the care of a physician nor a podia-
    31  trist, nor a chiropractor, nor a dentist,  nor  a  psychologist,  nor  a
    32  certified  nurse  midwife; and for any period of disability during which
    33  an employee who adheres to the faith  or  teachings  of  any  church  or
    34  denomination  and who in accordance with its creed, tenets or principles
    35  depends for healing upon prayer through spiritual  means  alone  in  the
    36  practice  of  religion,  is  not  under  the care of a practitioner duly
    37  accredited by the church or denomination,  and  provided  such  employee
    38  shall submit to all physical examinations as required by this chapter.
    39    2.  No  employee shall be entitled to family leave benefits under this
    40  article:
    41    (a) For more than twelve weeks, or the maximum duration  permitted  as
    42  set  forth  in  paragraph  (a) of subdivision two of section two hundred
    43  four of this article, during a period of fifty-two consecutive  calendar
    44  weeks,  or  for  any  period in which the family leave combined with the
    45  disability benefits previously paid exceeds twenty-six weeks during  the
    46  same fifty-two consecutive calendar weeks;
    47    (b)  For  any  period  of  family leave wherein the notice and medical
    48  certification as prescribed by the chair has  not  been  filed.  At  the
    49  discretion  of  the  chair  or  chair's designee pursuant to section two
    50  hundred twenty-one of this article, the family member who is the recipi-
    51  ent of care may be required to submit to a  physical  examination  by  a
    52  qualified  health  care  provider. Such examination shall be paid for by
    53  the carrier; and
    54    (c) As a condition of an employee's initial receipt  of  family  leave
    55  benefits  during  any  fifty-two  consecutive calendar weeks in which an
    56  employee is eligible for  these  benefits,  an  employer  may  offer  an

        S. 6406--C                         96                         A. 9006--C
 
     1  employee  who  has  accrued  but  unused vacation time or personal leave
     2  available at the time of use of available family leave to choose whether
     3  to charge all or part of the family leave time  to  accrued  but  unused
     4  vacation  or  personal  leave, and receive full salary, or to not charge
     5  time to accrued but unused vacation or personal leave, and  receive  the
     6  benefit  as  set  forth  in section two hundred four of this article. An
     7  employer that pays full salary during  a  period  of  family  leave  may
     8  request reimbursement in accordance with section two hundred thirty-sev-
     9  en  of  this article.   With the election of either option, the employee
    10  shall receive the full protection of  the  reinstatement  provision  set
    11  forth  in section two hundred three-b of this article, and shall concur-
    12  rently use available family medical leave  act  and  paid  family  leave
    13  credits.  In no event can an employee utilize family leave beyond twelve
    14  weeks, or the maximum duration permitted as set forth in  paragraph  (a)
    15  of  subdivision two of section two hundred four of this article, per any
    16  fifty-two week period set forth in this article. This paragraph may  not
    17  be  construed  in  a  manner  that  relieves  an employer of any duty of
    18  collective bargaining the employer may have with respect to the  subject
    19  matter of this paragraph.
    20    3.  No  employee shall be entitled to disability or family leave bene-
    21  fits under this article:
    22    (a) for any disability occasioned  by  the  wilful  intention  of  the
    23  employee to bring about injury to or the sickness of himself or another,
    24  or  resulting  from any injury or sickness sustained in the perpetration
    25  by the employee of an illegal act;
    26    [4.] (b) for any day of disability or family leave  during  which  the
    27  employee performed work for remuneration or profit;
    28    [5.]  (c)  for  any  day  of  disability or family leave for which the
    29  employee is entitled to receive from his or her employer, or from a fund
    30  to which the employer has contributed, remuneration or maintenance in an
    31  amount equal to or greater than that to which he or she would  be  enti-
    32  tled  under this article; but any voluntary contribution or aid which an
    33  employer may make to an employee or any supplementary benefit paid to an
    34  employee pursuant to the provisions of a collective bargaining agreement
    35  or from a trust fund to which contributions are  made  pursuant  to  the
    36  provisions  of a collective bargaining agreement shall not be considered
    37  as continued remuneration or maintenance for this purpose;
    38    [6.] (d) for any period in respect to which such employee  is  subject
    39  to  suspension  or  disqualification of the accumulation of unemployment
    40  insurance benefit rights, or would be subject if he or she were eligible
    41  for such benefit rights, except for  ineligibility  resulting  from  the
    42  employee's disability;
    43    [7.]  (e)  for any disability due to any act of war, declared or unde-
    44  clared[, if such act shall occur after June thirtieth, nineteen  hundred
    45  fifty];
    46    [8.]  (f)  for  any  disability  or family leave commencing before the
    47  employee becomes eligible to benefits [hereunder or commencing prior  to
    48  July first, nineteen hundred fifty, but this shall not preclude benefits
    49  for recurrence after July first, nineteen hundred fifty, of a disability
    50  commencing prior thereto] under this section.
    51    4. An employee may not collect benefits concurrently under both subdi-
    52  visions one and two of this section.
    53    5.  In any case in which the necessity for family leave is foreseeable
    54  based on an expected birth or placement, the employee shall provide  the
    55  employer with not less than thirty days notice before the date the leave
    56  is to begin, of the employee's intention to take family leave under this

        S. 6406--C                         97                         A. 9006--C

     1  article,  except  that  if  the  date of the birth or placement requires
     2  leave to begin in less than thirty days, the employee shall provide such
     3  notice as is practicable. In any case in which the necessity for  family
     4  leave  is  foreseeable  based on planned medical treatment, the employee
     5  shall provide the employer with not less than thirty days notice, before
     6  the date the leave is to begin, of the employees intention to take fami-
     7  ly leave under this article, except that if the date  of  the  treatment
     8  requires  leave  to  begin  in less than thirty days, the employee shall
     9  provide such notice as is practicable.
    10    § 7. Section 206 of the workers' compensation law, as amended by chap-
    11  ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate-
    12  ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2
    13  as amended by chapter 24 of the laws of 1988,  is  amended  to  read  as
    14  follows:
    15    § 206. Non-duplication of benefits. 1. No disability benefits shall be
    16  payable  under  section  two  hundred  four or two hundred seven of this
    17  article:
    18    (a) in a weekly benefit amount which, together with  any  amount  that
    19  the  employee  receives or is entitled to receive for the same period or
    20  any part thereof as a permanent disability benefit or annuity under  any
    21  governmental  system  or  program,  except  under a veteran's disability
    22  program, or under any permanent  disability  policy  or  program  of  an
    23  employer  for  whom  he  or she has performed services, would, if appor-
    24  tioned to weekly periods, exceed his or her weekly benefit amount [here-
    25  under] under this section, provided however,  that  there  shall  be  no
    26  offset  against  the benefits set forth in this article if the claim for
    27  disability benefits is based on a disability other  than  the  permanent
    28  disability for which the aforesaid permanent disability benefit or annu-
    29  ity was granted;
    30    (b) with respect to any week for which payments are received under the
    31  unemployment  insurance law or similar law of this state or of any other
    32  state or of the United States;
    33    (c) subject to the provisions of subdivision two of this section,  for
    34  any  period with respect to which benefits, compensation or other allow-
    35  ances (other than  [workmen's]  workers'  compensation  benefits  for  a
    36  permanent partial disability occurring prior to the disability for which
    37  benefits  are claimed hereunder) are paid or payable under this chapter,
    38  the volunteer [firemen's] firefighters' benefit law, or any other [work-
    39  men's] workers' compensation act, occupational disease  act  or  similar
    40  law,  or  under  any  employers' liability act or similar law; under any
    41  other temporary disability or cash sickness benefits act or similar law;
    42  under section six hundred eighty-eight, title forty-six,  United  States
    43  code;  under the federal employers' liability act; or under the maritime
    44  doctrine of maintenance, wages and cure.
    45    2. If an employee  who  is  eligible  for  disability  benefits  under
    46  section  two hundred three or two hundred seven of this article is disa-
    47  bled and has claimed or subsequently claims workers' compensation  bene-
    48  fits  under  this  chapter or benefits under the volunteer firefighters'
    49  benefit law or the volunteer ambulance workers' benefit  law,  and  such
    50  claim  is  controverted on the ground that the employee's disability was
    51  not caused by an accident that arose out of and in  the  course  of  his
    52  employment  or  by  an  occupational disease, or by an injury in line of
    53  duty as a volunteer  firefighter  or  volunteer  ambulance  worker,  the
    54  employee  shall  be  entitled  in the first instance to receive benefits
    55  under this article for his or her disability. If benefits have been paid
    56  under this article in respect to a disability alleged to have arisen out

        S. 6406--C                         98                         A. 9006--C

     1  of and in the course of the employment or by reason of  an  occupational
     2  disease,  or  in  line of duty as a volunteer firefighter or a volunteer
     3  ambulance worker, the employer or carrier or the [chairman] chair making
     4  such  payment  may,  at  any  time before award of workers' compensation
     5  benefits, or volunteer firefighters'  benefits  or  volunteer  ambulance
     6  workers'  benefits,  is made, file with the board a claim for reimburse-
     7  ment out of the proceeds of such award to the employee  for  the  period
     8  for which disability benefits were paid to the employee under this arti-
     9  cle, and shall have a lien against the award for reimbursement, notwith-
    10  standing  the  provisions  of  section  thirty-three  of this chapter or
    11  section twenty-three of  the  volunteer  firefighters'  benefit  law  or
    12  section  twenty-three  of  the  volunteer ambulance workers' benefit law
    13  provided the insurance carrier liable for payment of the award receives,
    14  before such award is made, a copy of the claim  for  reimbursement  from
    15  the  employer, carrier or [chairman] chair who paid disability benefits,
    16  or provided the board's decision and award  directs  such  reimbursement
    17  therefrom.
    18    3. No family leave benefits shall be payable under section two hundred
    19  four of this article:
    20    (a)  During  periods  when  the employee is receiving total disability
    21  payments pursuant to a claim for workers' compensation, volunteer  fire-
    22  fighters' benefits or volunteer ambulance workers' benefits, except that
    23  when  the  employee  is  receiving  payments  for  partial disability or
    24  reduced earnings  under  such  laws,  the  family  leave  benefit,  when
    25  combined  with the benefits under such laws shall not exceed the average
    26  weekly wage in the  employment  for  which  family  leave  benefits  are
    27  sought;
    28    (b)  To  an employee who is not employed or is on administrative leave
    29  from his or her employment;
    30    (c) To an employee during periods where  the  employee  is  collecting
    31  sick pay or paid time off from the employer; and
    32    (d)  for any day in which claimant works at least part of that day for
    33  remuneration or profit for the covered employer or for any other employ-
    34  er while working for remuneration or profit,  for  him  or  herself,  or
    35  another person or entity, during the same or substantially similar work-
    36  ing hours as those of the covered employer from which family leave bene-
    37  fits  are  claimed,  except  that occasional scheduling adjustments with
    38  respect to secondary employments shall not  prevent  receipt  of  family
    39  leave benefits.
    40    4.  Unless  otherwise  expressly  permitted  by the employer, benefits
    41  available under 29 U.S. Code Chapter 28 (The Family  and  Medical  Leave
    42  Act) must be used concurrently with family leave benefits.  For a subse-
    43  quent  unrelated  disability,  an  employee  may seek benefits up to the
    44  maximum number of available weeks permitted in this article.
    45    5. A covered employer is not required to permit more than one employee
    46  to use the same period of family leave  to  care  for  the  same  family
    47  member.
    48    § 8. Section 207 of the workers' compensation law is amended by adding
    49  a new subdivision 5 to read as follows:
    50    5.  The foregoing provisions of this section shall not apply to family
    51  leave benefits, as family leave benefits are not available to  employees
    52  that  are  not  employed at the time family leave is requested by filing
    53  the notice and medical certification required by the chair.
    54    § 9. Section 208 of the workers' compensation law, as added by chapter
    55  600 of the laws of 1949, subdivision 1 as amended by chapter 314 of  the
    56  laws of 2010, is amended to read as follows:

        S. 6406--C                         99                         A. 9006--C
 
     1    §  208.  Payment of disability and family leave benefits.  1. Benefits
     2  provided under this article shall be paid periodically and promptly and,
     3  except as to a contested period of disability or family  leave,  without
     4  any  decision by the board, or designee of the chair pursuant to section
     5  two  hundred  twenty-one of this article.  The first payment of benefits
     6  shall be due on the fourteenth day of disability  or  family  leave  and
     7  benefits  for  that period shall be paid directly to the employee within
     8  four business days thereafter or within four  business  days  after  the
     9  filing  of  required  proof  of  claim, whichever is the later.   If the
    10  employer or carrier rejects an initial claim for family leave  benefits,
    11  the  employer or carrier must notify the employee in a manner prescribed
    12  by the chair within eighteen days of filing of the proof of claim. Fail-
    13  ure to timely reject shall constitute a waiver of objection to the fami-
    14  ly leave claim. Thereafter benefits shall be due and  payable  bi-weekly
    15  in  like  manner.  The [chairman] chair or chair's designee, pursuant to
    16  section two hundred twenty-one of this article, may determine that bene-
    17  fits may be paid monthly or semi-monthly if wages were so paid, and  may
    18  authorize deviation from the foregoing requirements to facilitate prompt
    19  payment  of benefits. Any inquiry which requires the employee's response
    20  in order to continue benefits uninterrupted or unmodified shall  provide
    21  a  reasonable  time  period  in which to respond and include a clear and
    22  prominent statement of the deadline for responding and  consequences  of
    23  failing to respond.
    24    2.  The [chairman] chair and superintendent of financial services may,
    25  whenever such information is deemed necessary, require  any  carrier  to
    26  file  in  form prescribed by the [chairman] chair a report or reports as
    27  to any claim or claims, including  (but  without  limitation)  dates  of
    28  commencement  and termination of benefit payments and amount of benefits
    29  paid under this article. The  [chairman]  chair  and  superintendent  of
    30  financial  services  may also require annually information in respect to
    31  the aggregate of benefits paid, the number of claims allowed and  disal-
    32  lowed,  the average benefits and duration of benefit periods, the amount
    33  of payrolls covered and such other information as the  [chairman]  chair
    34  may  deem  necessary  for the purposes of administering this article. If
    35  the carrier is providing benefits in respect to more than one  employer,
    36  the  [chairman]  chair  and  superintendent  of  financial  services may
    37  require that such information be shown separately as to those  employers
    38  who  are  providing only benefits that are substantially the same as the
    39  benefits required in this article.   The  chair  and  superintendent  of
    40  financial  services  may  prescribe  the  format  of such report and may
    41  promulgate regulations to effectuate this article.
    42    § 10. Section 209 of the workers' compensation law, as added by  chap-
    43  ter  600 of the laws of 1949, subdivision 3 as amended by chapter 415 of
    44  the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws
    45  of 1952, is amended to read as follows:
    46    § 209. Contribution of employees for disability and family leave bene-
    47  fits. 1.  Every employee in the employment of a covered employer shall[,
    48  on and after January first, nineteen hundred fifty,] contribute  to  the
    49  cost of providing disability and after January first, two thousand eigh-
    50  teen, family leave benefits under this article, to the extent and in the
    51  manner herein provided.
    52    2.  The special contribution of each such employee to the accumulation
    53  of funds to  provide  benefits  for  disabled  unemployed  shall  be  as
    54  provided  in  subdivision  one  of  section two hundred fourteen of this
    55  article.

        S. 6406--C                         100                        A. 9006--C

     1    3. (a) Disability benefits. The contribution of each such employee  to
     2  the  cost  of disability benefits provided by this article shall be one-
     3  half of one per centum of the employee's wages paid to him or her on and
     4  after July first, nineteen hundred fifty, but not  in  excess  of  sixty
     5  cents per week.
     6    (b)  Family  leave benefits. On June first, two thousand seventeen and
     7  annually thereafter on September first, the superintendent of  financial
     8  services  shall set the maximum employee contribution, using sound actu-
     9  arial principles and the reports provided in section two  hundred  eight
    10  of  this  article.  No employer shall be required to fund any portion of
    11  the family leave benefit.
    12    4. Notwithstanding any other provision of law, the employer is author-
    13  ized to collect from his or her employees, except as otherwise  provided
    14  in  any  plan  or agreement under the provisions of subdivisions four or
    15  five of section two hundred eleven of  this  article,  the  contribution
    16  provided  under  subdivisions  two  and  three  of this section, through
    17  payroll deductions. If the employer shall not  make  deduction  for  any
    18  payroll  period  he  or she may thereafter, but not later than one month
    19  after payment  of  wages,  collect  such  contribution  through  payroll
    20  deduction.
    21    5.  In  collecting  employee contributions through payroll deductions,
    22  the employer shall act as the agent of his or her  employees  and  shall
    23  use  the contributions only to provide disability and family leave bene-
    24  fits as required by this article. In no event may the employee's  annual
    25  contribution  for family leave exceed his or her per capita share of the
    26  actual annual premium charged for the same year and must  be  determined
    27  consistent  with the principle that employees should pay the total costs
    28  of family leave premium. In no event may the employee's weekly  contrib-
    29  ution  for  disability  premium exceed one-half of one per centum of the
    30  employee's wages paid to him or her, but not in excess  of  sixty  cents
    31  per  week. After June thirtieth, nineteen hundred fifty, if the employer
    32  is not providing, or to the extent that he or she is not then providing,
    33  for the payment of disability benefits to his or her employees by insur-
    34  ing with the state fund or with another insurance  carrier,  he  or  she
    35  shall  keep  the  contributions  of  his or her employees as trust funds
    36  separate and apart from all other funds of the employer. The payment  of
    37  such  contributions  by  the  employer  to  a  carrier providing for the
    38  payment of such benefits shall discharge the employer from  responsibil-
    39  ity with respect to such contributions.
    40    §  11. Section 210 of the workers' compensation law, as added by chap-
    41  ter 600 of the laws of 1949, is amended to read as follows:
    42    § 210. Employer contributions. 1. Every covered employer shall, on and
    43  after January first, nineteen hundred  fifty,  contribute  the  cost  of
    44  providing  disability  benefits in excess of the contributions collected
    45  from his or her employees, to the extent and in the manner  provided  in
    46  this article.
    47    2.  The  special  contribution of each covered employer to the accumu-
    48  lation of funds to provide benefits for disabled unemployed shall be  as
    49  provided  in  subdivision  one  of  section two hundred fourteen of this
    50  article.
    51    3. The contribution of every covered employer to the cost of providing
    52  disability benefits after June thirtieth, nineteen hundred fifty,  shall
    53  be  the  excess of such cost over the amount of the contributions of his
    54  or her employees.
    55    4. No profit shall be  derived  by  any  employer  or  association  of
    56  employers or of employees from providing payment of disability and fami-

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     1  ly  leave  benefits  under this article. All funds representing contrib-
     2  utions of employers and  employees,  and  increments  thereon,  held  by
     3  employers  or  associations  of  employers or of employees authorized or
     4  permitted  to  pay benefits under the provisions of this article, and by
     5  trustees paying benefits under plans or agreements meeting the  require-
     6  ments  of  section  two  hundred  eleven of this article, shall be trust
     7  funds and shall be expended only to provide for the payment of  benefits
     8  to employees and for the costs of administering this article and for the
     9  support  of  the  fund established under section two hundred fourteen of
    10  this article.
    11    § 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211
    12  of the workers' compensation law, the  opening  paragraph  as  added  by
    13  chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207
    14  of  the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197
    15  of the laws of 1960, are amended, and two new subdivisions 7 and  8  are
    16  added to read as follows:
    17    A  covered  employer  shall, with his or her own contributions and the
    18  contributions of his employees, provide  disability  and  after  January
    19  first,  two  thousand  eighteen,  family  leave  benefits  to his or her
    20  employees in one or more of the following ways:
    21    3. by furnishing satisfactory proof to  the  chair  of  the  employers
    22  financial  ability  to  pay such benefits, in which case the chair shall
    23  require the deposit of such securities as the chair may  deem  necessary
    24  [of  the  kind prescribed in subdivisions one, two, three, four and five
    25  and paragraph a of subdivision seven of section two hundred  thirty-five
    26  of  the  banking law or the deposit of cash or the filing of irrevocable
    27  letters of credit issued by a qualified banking institution  as  defined
    28  by  rules promulgated by the chair or the filing of the bond of a surety
    29  company authorized to do business in  this  state,  conditioned  on  the
    30  payment  by  the  employer  of its obligations under this article and in
    31  form approved by the chair, or the posting and filing of  a  combination
    32  of such securities, cash, irrevocable letters of credit and surety bonds
    33  in an amount to be determined by the chair, to secure his or her liabil-
    34  ity  to  pay  the  compensation  provided in this chapter. The amount of
    35  deposit or of the penal sum of the bond shall be determined by the chair
    36  and shall not be less than one-half the estimated contributions  of  the
    37  employees  of  the  employer  for  the  ensuing  year or one-half of the
    38  contributions of the employees which would have been paid by the employ-
    39  ees during the preceding year, whichever is  the  greater,  or  if  such
    40  amount is more than fifty thousand dollars an amount not less than fifty
    41  thousand dollars.  The chair shall have authority to deny an application
    42  to  provide  benefits pursuant to this subdivision or to revoke approval
    43  at any time for good cause shown. In the case of an employer  who  main-
    44  tains  a deposit of securities, irrevocable letters of credit or cash in
    45  accordance with subdivision three of section fifty of this chapter,  the
    46  chair  may  reduce  the amount of the deposit or of the penal sum of the
    47  bond, provided the securities, irrevocable letters  of  credit  or  cash
    48  deposited  by  or  for  such employer under subdivision three of section
    49  fifty of this chapter are, by agreement satisfactory to the chair,  made
    50  available  for  the  payment  of unpaid benefits under this article with
    51  respect to obligations incurred for disabilities commencing prior to the
    52  effective date of such revocation] consistent  with  the  provisions  of
    53  subdivision  three  of section fifty of this chapter.  An association of
    54  employers or employees authorized to pay benefits under this article  or
    55  the  trustee  or  trustees  paying  benefits  under  a plan or agreement
    56  authorized under subdivisions four and five of this  section,  may  with

        S. 6406--C                         102                        A. 9006--C
 
     1  the  approval  of the chair furnish such proof and otherwise comply with
     2  the provisions of this section to provide disability  and  family  leave
     3  benefits to employees under such plan or agreement.
     4    4. by a plan in existence on the effective date of this article. If on
     5  the  effective  date of this article the employees of a covered employer
     6  or any class or classes of such employees are entitled to receive  disa-
     7  bility and family leave benefits under a plan or agreement which remains
     8  in  effect  on July first, nineteen hundred fifty, the employer, subject
     9  to the requirements of this section, shall be relieved of responsibility
    10  for making provision for benefit payments required  under  this  article
    11  until  the  earliest  date,  determined  by the [chairman] chair for the
    12  purposes of this article, upon which the employer shall have  the  right
    13  to  discontinue  the  provisions  thereof or to discontinue his contrib-
    14  utions towards the cost. Any such plan or  agreement  may  be  extended,
    15  with  or  without  modification,  by  agreement or collective bargaining
    16  between an employer or employers or  association  of  employers  and  an
    17  association  of  employees,  in  which  event  the  period for which the
    18  employer is relieved of such responsibility shall include such period of
    19  extension. Any other plan or agreement in  existence  on  the  effective
    20  date  of  this  article  which the employer may, by his or her sole act,
    21  terminate at any time, or with respect to which he or she is  not  obli-
    22  gated  to continue for any period to make contributions, may be accepted
    23  by the [chairman] chair as satisfying the obligation to provide for  the
    24  payment  of  benefits  under  this  article  if  such  plan or agreement
    25  provides benefits at least as favorable as  the  disability  and  family
    26  leave  benefits  provided  by this article and does not require contrib-
    27  utions of any employee or of any class or classes of employees in excess
    28  of the statutory amount provided in subdivision  three  of  section  two
    29  hundred nine of this article, subdivision three, except by agreement and
    30  provided  the  contribution  is  reasonably  related to the value of the
    31  benefits as determined by the chair [chairman]. The [chairman] chair may
    32  require that the employer shall enter into an agreement in writing  with
    33  the  [chairman]  chair that he or she will pay the assessments set forth
    34  in sections two hundred fourteen and two hundred twenty-eight  and  that
    35  until  he  or she shall have filed written notice with the chair [chair-
    36  man] of his or her election to terminate such plan or  agreement  or  to
    37  discontinue  making  necessary contributions to its cost, he or she will
    38  continue to provide for the payment of the disability and  family  leave
    39  benefits under such plan or agreement.
    40    During  any period in which any plan or agreement or extension thereof
    41  authorized under this subdivision provides for payment of benefits under
    42  this article, the responsibility of the employer and the obligations and
    43  benefits of the employees shall be as provided in said plan or agreement
    44  rather than as provided under this  article,  other  than  the  benefits
    45  provided  in  section  two  hundred  seven, and provided the employer or
    46  carrier has agreed to pay the  assessments  described  in  sections  two
    47  hundred fourteen and two hundred twenty-eight.
    48    Any  such  plan or agreement may be extended with or without modifica-
    49  tion, provided the benefits under such plan or agreement, as extended or
    50  modified, shall be found by the [chairman]  chair  to  be  at  least  as
    51  favorable as the benefits provided by this article.
    52    5.  by a new plan or agreement. After the effective date of this arti-
    53  cle, a new plan or agreement with a carrier may be accepted by the chair
    54  [chairman] as satisfying the obligation to provide for  the  payment  of
    55  benefits  under  this  article  if  such plan or agreement shall provide
    56  benefits at least as favorable as the disability and family leave  bene-

        S. 6406--C                         103                        A. 9006--C
 
     1  fits  provided by this article and does not require contributions of any
     2  employee or of any class or classes of employees in excess of the statu-
     3  tory amount provided in section two  hundred  nine,  subdivision  three,
     4  except  by agreement and provided the contribution is reasonably related
     5  to the value of the benefits as determined by the [chairman] chair.  Any
     6  such  plan  or  agreement shall continue until written notice filed with
     7  the [chairman] chair of intention to terminate such plan  or  agreement,
     8  and  any  modification of such plan or agreement shall be subject to the
     9  written approval of the [chairman] chair.
    10    During any period in which any plan or agreement or extension  thereof
    11  authorized under this subdivision provides for payment of benefits under
    12  this article, the responsibility of the employer and the obligations and
    13  benefits of the employees shall be as provided in said plan or agreement
    14  rather  than  as  provided  under  this article, other than the benefits
    15  provided in section two hundred seven,  and  provided  the  employer  or
    16  carrier  has  agreed  to  pay  the assessments described in sections two
    17  hundred fourteen and two hundred twenty-eight.
    18    7. Premiums for policies providing disability or family leave benefits
    19  in accordance with this article shall be calculated in  accordance  with
    20  applicable  provisions of the insurance law, including subsection (n) of
    21  section four thousand two hundred and thirty-five of such law.
    22    8. An employer providing  disability  benefits  coverage  pursuant  to
    23  subdivision  three  of this section may obtain coverage for family leave
    24  benefits separately pursuant to subdivision one or  subdivision  two  of
    25  this section.
    26    §  13.  Subdivisions  1,  2,  4  and  5 of section 212 of the workers'
    27  compensation law, subdivision 1 as amended by chapter 740 of the laws of
    28  1960, subdivision 2 as amended by chapter  120  of  the  laws  of  1969,
    29  subdivision  4 as amended by chapter 205 of the laws of 1993, and subdi-
    30  vision 5 as added by chapter 593 of the laws of  1992,  are  amended  to
    31  read as follows:
    32    1.  Any  employer  not  required  by  this  article to provide for the
    33  payment of disability or family leave benefits to his employees,  or  to
    34  any  class  or  classes  thereof, may become a covered employer or bring
    35  within the provisions of this article such employees or class or classes
    36  thereof by voluntarily electing to provide for payment of such  benefits
    37  in  one  or  more of the ways set forth in section two hundred eleven of
    38  this article; but such election shall be subject to the approval of  the
    39  [chairman] chair, and if the employees are required to contribute to the
    40  cost of such benefits the assent within thirty days before such approval
    41  is  granted,  of more than one-half of such employees shall be evidenced
    42  to the satisfaction of the [chairman] chair.  On approval by the [chair-
    43  man] chair of such election to provide benefits, all the  provisions  of
    44  this  article  shall  become  and continue applicable as if the employer
    45  were a covered employer as defined in this article.  The  obligation  to
    46  continue  as  a  covered  employer  with  respect  to employees for whom
    47  provision of benefits is not required under this article, may be discon-
    48  tinued by such employer on ninety days notice to the [chairman] chair in
    49  writing and to his or her employees, after he or she  has  provided  for
    50  payment  of  benefits for not less than one year and with such provision
    51  for payment of obligations incurred on and prior to the termination date
    52  as the [chairman] chair may approve.
    53    2. Notwithstanding the definition of "employer"  and  "employment"  in
    54  section two hundred one of this article, a public authority, a municipal
    55  corporation or a fire district or other political subdivision may become
    56  a  covered  employer  for  the  purpose of providing disability benefits

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     1  under this article by complying with the provisions of  subdivision  one
     2  of this section and may discontinue such status only as provided in that
     3  subdivision.
     4    4.  (a)  An executive officer of a corporation who at all times during
     5  the period involved owns all of the issued and outstanding stock of  the
     6  corporation  and  holds  all of the offices pursuant to paragraph (e) of
     7  section seven hundred fifteen of the business  corporation  law  or  two
     8  executive  officers  of a corporation who at all times during the period
     9  involved between them own all of the issued  and  outstanding  stock  of
    10  such  corporation and hold all such offices provided, however, that each
    11  officer must own at least one share of stock and who  is  the  executive
    12  officer  or who are the executive officers of a corporation having other
    13  persons who are employees required to be  covered  under  this  article,
    14  shall be deemed to be included in the corporation's disability and fami-
    15  ly  leave  benefits  insurance  contract  or covered by a certificate of
    16  self-insurance or a plan under section two hundred eleven of this  arti-
    17  cle, unless the officer or officers elect to be excluded from the cover-
    18  age of this article. Such election shall be made by any such corporation
    19  filing  with the insurance carrier, or the chair of the workers' compen-
    20  sation board in the case of self-insurance, upon a  form  prescribed  by
    21  the  [chairman]  chair,  a notice that the corporation elects to exclude
    22  the executive officer or officers  of  such  corporation  named  in  the
    23  notice  from the coverage of this article. Such election shall be effec-
    24  tive with respect to all policies issued to  such  corporation  by  such
    25  insurance  carrier  as  long  as it shall continuously insure the corpo-
    26  ration. Such election shall be final  and  binding  upon  the  executive
    27  officer  or  officers  named  in  the notice until revoked by the corpo-
    28  ration.
    29    (b) Notwithstanding  the  definition  of  "employer"  in  section  two
    30  hundred  one  of  this  article,  a sole proprietor, member of a limited
    31  liability company or limited liability partnership,  or  other  self-em-
    32  ployed  person  may  become  a  covered  employer  under this article by
    33  complying with the provisions of subdivision one of this section.
    34    5. A spouse who is an employee of a covered employer shall  be  deemed
    35  to  be  included  in the employer's disability and family leave benefits
    36  insurance contract or covered by a certificate of  self-insurance  or  a
    37  plan  under  section  two  hundred  eleven  of  this article, unless the
    38  employer elects to exclude such spouse from the coverage of  this  arti-
    39  cle.  Such  election  shall be made by any such employer filing with the
    40  insurance carrier, or the chair of the workers'  compensation  board  in
    41  the  case  of  self-insurance,  upon  a  form prescribed by the chair, a
    42  notice that the employer elects to exclude  such  spouse  named  in  the
    43  notice  from the coverage of this article. Such election shall be effec-
    44  tive with respect to all policies issued to such employer by such insur-
    45  ance carrier as long as it shall continuously insure the employer.  Such
    46  election shall be final and binding upon the spouse named in the  notice
    47  until revoked by the employer.
    48    §  14.  The  workers'  compensation  law  is amended by adding two new
    49  sections 212-a and 212-b to read as follows:
    50    § 212-a. Notwithstanding the definition of "employer" and "employment"
    51  set forth in section two hundred one of this article and the requirement
    52  for insurance policies to offer both disability and family leave  cover-
    53  age  set forth in two hundred twenty six of this article, the state, any
    54  political subdivision of the state, a  public  authority  or  any  other
    55  governmental  agency  or  instrumentality, may elect to become a covered
    56  employer solely for the purpose of family leave benefits.  Coverage  for

        S. 6406--C                         105                        A. 9006--C
 
     1  family  leave benefits may be secured by a public employer, as that term
     2  is defined in subdivision one of section two hundred  twelve-b  of  this
     3  article,  as  permitted by this article, including as applicable section
     4  two hundred eleven, subdivision four of section fifty, or section eight-
     5  y-eight-c. The provider of family leave coverage for such public employ-
     6  ees  shall  be exempt from the requirement that insurance policies offer
     7  both disability and family leave benefits in section two  hundred  twen-
     8  ty-six of this article.
     9    § 212-b. Public employees; public employees represented by an employee
    10  organization; employee opt in.
    11    1.  For purposes of this section, "public employee" means any employee
    12  of the state, any political subdivision of the state, a public authority
    13  or any other governmental agency or instrumentality.  "Public  employer"
    14  means  the  state,  any  political  subdivision  of  the state, a public
    15  authority or any other governmental agency or  instrumentality  thereof.
    16  "Employee organization" shall have the same meaning set forth in section
    17  two hundred one of the civil service law.
    18    2.  Public employers shall provide benefits for family leave to public
    19  employees in accordance with the  procedures  and  terms  set  forth  in
    20  subdivision three of this section.
    21    3.  (a)  An employee organization may, pursuant to collective bargain-
    22  ing, opt in to paid family leave benefits  on  behalf  of  those  public
    23  employees  it is either certified or recognized to represent, within the
    24  meaning of article fourteen of the civil service law.   Nothing in  this
    25  section  shall  prohibit  an  agreement  to  opt in to paid family leave
    26  between the employee organization and any public employer.  An  employee
    27  organization that has opted in to paid family leave benefits may, pursu-
    28  ant  to  collective bargaining, opt out of it as is mutually agreed upon
    29  between the employee organization and any public employer.
    30    b. For public employees who are not represented by an employee  organ-
    31  ization,  the  public  employer may opt-in to paid family leave benefits
    32  within ninety days notice to such public employees. Following opt-in  by
    33  a  public  employer  for public employees not represented by an employee
    34  organization, the public employer may opt-out of paid family leave bene-
    35  fits with twelve months notice to those public employees.
    36    4. In the absence of any contrary statement in a collectively  negoti-
    37  ated agreement under article fourteen of the civil service law, a public
    38  employer  may  require public employees who opt in under this section to
    39  provide the maximum employee contribution, as defined in  paragraph  (b)
    40  of subdivision three of section two hundred nine of this article.
    41    §  15.  Subdivision 1 of section 213 of the workers' compensation law,
    42  as amended by chapter 784 of the laws of 1980,  is  amended  and  a  new
    43  subdivision 3 is added to read as follows:
    44    1.  Whenever  a  covered employer does not comply with this article by
    45  providing for the payment of disability and family leave benefits to his
    46  or her employees in one or more of the  ways  provided  in  section  two
    47  hundred  eleven  of  this article or whenever a carrier fails to pay the
    48  benefits required by this article to employees of  a  covered  employer,
    49  then  such employer shall be fully and directly liable to each of his or
    50  her employees for the payment of benefits provided by this article.  The
    51  amount of the benefits to which employees of such employers are entitled
    52  under  this  article and attendance fees of [their] any attending physi-
    53  cians or attending podiatrists or health care provider fixed pursuant to
    54  subdivision two of section two hundred thirty-two of this article shall,
    55  on order of the [chairman] chair, be paid out of  the  fund  established
    56  under section two hundred fourteen of this article.  In case of non-com-

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     1  pliance  of  the  employer,  such  employer  shall  forthwith pay to the
     2  [chairman] chair, for credit to the fund, the sum  so  expended  or  one
     3  [per  cent]  percent  of  his or her payroll for his or her employees in
     4  employment  during  the  period of non-compliance, whichever is greater;
     5  provided, however, that if it shall appear to the  satisfaction  of  the
     6  [chairman] chair that the default in payment of benefits or the non-com-
     7  pliance  of the employer otherwise with his or her obligation under this
     8  article was inadvertent, the [chairman] chair may fix the sum payable in
     9  such case for non-compliance or default at the amount paid  out  of  the
    10  fund  and a sum less than one [per cent] percent of such payroll, and in
    11  addition the penalties for non-compliance imposed under this article. In
    12  case of failure of the carrier  to  pay  benefits,  the  employer  shall
    13  forthwith  pay  to the [chairman] chair, for credit to the fund, the sum
    14  so expended.
    15    3. The provisions of section one hundred forty-one-b of  this  chapter
    16  shall  not  apply to violations of this section after January first, two
    17  thousand eighteen and before January first, two thousand twenty.  There-
    18  after,  in the event an employer is subject to debarment solely due to a
    19  penalty for violation of this section, the chair may, in  the  interests
    20  of  justice, restore the employer's eligibility to submit a bid on or be
    21  awarded any public work contract or subcontract. The chair may  exercise
    22  this  authority  only  if  it  is the employer's first time violation of
    23  section one hundred forty-one-b of this chapter;  the  employer  is  not
    24  liable  for  any outstanding workers' compensation, disability or family
    25  leave claims as a result of the lack of coverage; and the  employer  has
    26  paid  all  fines, assessments, and penalties associated with the lack of
    27  coverage.
    28    § 16. Section 217 of the workers' compensation law, as added by  chap-
    29  ter  600 of the laws of 1949, subdivision 1 as amended by chapter 167 of
    30  the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of  the
    31  laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of
    32  1994, is amended to read as follows:
    33    §  217.  Notice  and  proof of claim.   1. Written notice and proof of
    34  disability or proof of need for family leave shall be furnished  to  the
    35  employer  by  or  on behalf of the employee claiming benefits or, in the
    36  case of a claimant under section two hundred seven of this  article,  to
    37  the  chair, within thirty days after commencement of the period of disa-
    38  bility. Additional proof shall be furnished thereafter from time to time
    39  as the employer or carrier or chair may require but not more often  than
    40  once  each  week.  Such proof shall include a statement of disability by
    41  the employee's attending physician or attending podiatrist or  attending
    42  chiropractor or attending dentist or attending psychologist or attending
    43  certified  nurse  midwife  or  family leave care recipient's health care
    44  provider, or in the case of an employee who  adheres  to  the  faith  or
    45  teachings  of any church or denomination, and who in accordance with its
    46  creed, tenets or principles depends  for  healing  upon  prayer  through
    47  spiritual  means  alone  in  the  practice of religion, by an accredited
    48  practitioner, containing facts and opinions as  to  such  disability  in
    49  compliance  with  regulations of the chair. Failure to furnish notice or
    50  proof within the time and in the manner above provided shall not invali-
    51  date the claim but no benefits shall be required  to  be  paid  for  any
    52  period more than two weeks prior to the date on which the required proof
    53  is  furnished  unless it shall be shown to the satisfaction of the chair
    54  not to have been reasonably possible to furnish such notice or proof and
    55  that such notice or proof was furnished as soon as  possible;  provided,
    56  however,  that  no  benefits  shall be paid unless the required proof of

        S. 6406--C                         107                        A. 9006--C

     1  disability is furnished within [twenty-six weeks after  commencement  of
     2  the  period  of  disability]  the  period of actual disability or family
     3  leave that does not exceed the statutory maximum period permitted  under
     4  section  two  hundred  four  of  this  article.    No limitation of time
     5  provided in this section shall run  as  against  any  [person]  disabled
     6  employee who is mentally incompetent, or physically incapable of provid-
     7  ing  such  notice as a result of a serious medical condition, or a minor
     8  so long as such person has no guardian of the person and/or property.
     9    2. An employee claiming disability benefits shall, as requested by the
    10  employer or carrier, submit himself or herself  at  intervals,  but  not
    11  more  than  once a week, for examination by a physician or podiatrist or
    12  chiropractor or dentist  or  psychologist  or  certified  nurse  midwife
    13  designated  by  the  employer or carrier. All such examinations shall be
    14  without cost to the employee and shall be held at a reasonable time  and
    15  place.
    16    3.  The  chair  or  chair's  designee, pursuant to section two hundred
    17  twenty-one of this article, may direct the claimant or family leave care
    18  recipient to submit to examination by  a  [physician  or  podiatrist  or
    19  chiropractor or dentist or psychologist] health care provider designated
    20  by  him  or  her  in any case in which the claim to disability or family
    21  leave benefits is contested and in  claims  arising  under  section  two
    22  hundred  seven of this article, and in other cases as the chair or board
    23  may require.
    24    4. Refusal of the claimant or family leave care recipient without good
    25  cause to submit to any  such  examination  shall  disqualify  [him]  the
    26  claimant  or employee from all benefits hereunder for the period of such
    27  refusal, except as to benefits already paid.
    28    5. If benefits required to be paid by this article have been  paid  to
    29  an  employee,  further  payments for the same disability or family leave
    30  shall not be barred solely because of failure to give notice or to  file
    31  proof  of  disability  for the period or periods for which such benefits
    32  have been paid.
    33    6. In the event that a claim for disability benefits is rejected,  the
    34  carrier  or  employer  shall  send by first class mail written notice of
    35  rejection to the [claimant] employee  within forty-five days of  receipt
    36  of proof of disability. Failure to mail such written notice of rejection
    37  within  the  time  provided,  shall  bar  the  employer  or carrier from
    38  contesting entitlement to benefits for any period of disability prior to
    39  such notice but such failure may be excused by the [chairman]  chair  if
    40  it  can be shown to the satisfaction of the [chairman] chair not to have
    41  been reasonably possible to mail such notice and that  such  notice  was
    42  mailed as soon as possible.  Such notice shall include a statement, in a
    43  form  prescribed by the [chairman] chair, to the effect that the [claim-
    44  ant] employee may, for the purpose of review [by the board], file  [with
    45  the  chairman]  notice  that  his  or her claim has not been paid as set
    46  forth in section two hundred twenty-one of this article.
    47    § 17. Section 219 of the workers'  compensation  law,  as  amended  by
    48  chapter 688 of the laws of 1953, is amended to read as follows:
    49    §  219. Enforcement of payment in default. In case of a default in the
    50  payment of any benefits, assessments or  penalties  payable  under  this
    51  article  by  an employer who has failed to comply with the provisions of
    52  section two hundred eleven of this [chapter] article or refusal of  such
    53  employer  to  reimburse  the  fund under section two hundred fourteen of
    54  this article for the expenditures made therefrom pursuant to section two
    55  hundred thirteen of this article or to deposit  within  ten  days  after
    56  demand  the  estimated  value  of  benefits  not  presently payable, the

        S. 6406--C                         108                        A. 9006--C
 
     1  [chairman] chair may file with the county clerk for the county in  which
     2  the employer has his principal place of business (1) a certified copy of
     3  the decision of the board, or alternative dispute resolution association
     4  designated  by  the  chair pursuant to section two hundred twenty-one of
     5  this article, or order of the [chairman] chair, or (2) a certified  copy
     6  of  the  demand  for deposit of security, and thereupon judgment must be
     7  entered in the supreme court by the clerk of such county  in  conformity
     8  therewith immediately upon such filing.
     9    §  18. Section 220 of the workers' compensation law, as added by chap-
    10  ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387  of
    11  the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of
    12  1979,  subdivision  3  as  amended  by  chapter 415 of the laws of 1983,
    13  subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision
    14  5 as amended by chapter 940 of  the  laws  of  1973,  subdivision  7  as
    15  amended  by  chapter 61 of the laws of 1989 and subdivision 8 as amended
    16  by chapter 213 of the laws of 1993, is amended to read as follows:
    17    § 220. Penalties. 1. Any employer who  fails  to  make  provision  for
    18  payment  of  disability  or family leave benefits as required by section
    19  two hundred eleven of this article within ten days following the date on
    20  which such employer becomes a covered employer as defined in section two
    21  hundred two of this article shall be guilty of a  misdemeanor  and  upon
    22  conviction be punishable by a fine of not less than one hundred nor more
    23  than  five hundred dollars or imprisonment for not more than one year or
    24  both, except that where any person has previously been  convicted  of  a
    25  failure  to  make  provisions  for payment of disability or family leave
    26  benefits within the preceding five years, upon conviction for  a  second
    27  violation such person shall be fined not less than two hundred fifty nor
    28  more  than  one  thousand  two  hundred fifty dollars in addition to any
    29  other penalties including fines otherwise  provided  by  law,  and  upon
    30  conviction  for a third or subsequent violation such person may be fined
    31  up to two thousand five hundred dollars in addition to any other  penal-
    32  ties  including fines otherwise provided by law. Where the employer is a
    33  corporation, the president, secretary, treasurer, or officers exercising
    34  corresponding functions, shall each be liable under this section.
    35    2. The [chairman] chair or any officer of the board designated by  him
    36  or  her,  upon finding that an employer has failed to make provision for
    37  the payment of disability or family leave benefits,  shall  impose  upon
    38  such  employer a penalty not in excess of a sum equal to one-half of one
    39  per centum of his or her weekly payroll for the period of  such  failure
    40  and  a  further  sum  not  in excess of five hundred dollars, which sums
    41  shall be paid into the fund created under section two  hundred  fourteen
    42  of this article.
    43    3.  If  for  the purpose of obtaining any benefit or payment under the
    44  provisions of this article, or for the purpose of influencing any deter-
    45  mination regarding any benefit payment, either for himself or herself or
    46  any other person, any person, employee,  employer  or  carrier  wilfully
    47  makes a false statement or representation or fails to disclose a materi-
    48  al fact, he or she shall be guilty of a misdemeanor.
    49    4.  Whenever a carrier shall fail to make prompt payment of disability
    50  or family leave benefits payable under this article  and  after  hearing
    51  before  an officer designated by the [chairman] chair or a determination
    52  by the chair's designee, pursuant to section two hundred  twenty-one  of
    53  this  article,  for that purpose, the [chairman] chair or designee shall
    54  determine that failure to make such  prompt  payment  was  without  just
    55  cause, the [chairman] chair or designee, pursuant to section two hundred
    56  twenty-one  of this article, shall collect from the carrier a sum not in

        S. 6406--C                         109                        A. 9006--C
 
     1  excess of twenty-five per centum of the amount of  the  benefits  as  to
     2  which the carrier failed to make payment, which sum shall be credited to
     3  the  special  fund  for disability benefits. In addition, the [chairman]
     4  chair  or  designee,  pursuant to section two hundred twenty-one of this
     5  article, may collect and pay over to the employee the sum of ten dollars
     6  in respect to each week, or fraction thereof, for  which  benefits  have
     7  not been promptly paid.
     8    5.  In  addition  to  other  penalties herein provided, the [chairman]
     9  chair or designee shall remove from the list of physicians authorized to
    10  render medical care under the  provisions  of  articles  one  to  eight,
    11  inclusive,  of  this chapter and from the list of podiatrists authorized
    12  to render podiatric care under section thirteen-k of this  chapter,  and
    13  from  the  list  of chiropractors authorized to render chiropractic care
    14  under section thirteen-l of this chapter the name of  any  physician  or
    15  podiatrist  or chiropractor whom [he] the chair or designee, pursuant to
    16  section two hundred  twenty-one  of  this  article,  shall  find,  after
    17  reasonable  investigation,  has  submitted to the employer or carrier or
    18  [chairman] chair in connection with any claim  for  disability  benefits
    19  under  this  article, a statement of disability that is not truthful and
    20  complete.
    21    6. In addition to other penalties herein provided, any person who  for
    22  the  purpose  of  obtaining any benefit or payment under this article or
    23  for the purpose of influencing any determination regarding  any  benefit
    24  payment,  knowingly  makes  a  false statement with regard to a material
    25  fact, shall not be entitled to receive  benefits  with  respect  to  the
    26  disability  claimed  or  any  disability  benefits  during the period of
    27  twelve calendar months thereafter; but this penalty shall not be applied
    28  more than once with respect to each such offense.
    29    7. All fines imposed under subdivisions one and three of this section,
    30  except as herein otherwise provided, shall be paid  directly  and  imme-
    31  diately  by  the  officer  collecting the same to the chair, and be paid
    32  into  the  state  treasury,  provided,  however,  that  all  such  fines
    33  collected  by  justices  of  the  peace  of towns and police justices of
    34  villages shall be paid to the state comptroller in accordance  with  the
    35  provisions  of  section  twenty-seven  of  the town law [and section one
    36  hundred eighty-five of the village law, respectively].
    37    8. (a) The head of a state or municipal department, board,  commission
    38  or  office  authorized  or required by law to issue any permit for or in
    39  connection with any  work  involving  the  employment  of  employees  in
    40  employment  as  defined in this article, and notwithstanding any general
    41  or special statute requiring or authorizing the issue of  such  permits,
    42  shall not issue such permit unless proof duly subscribed by an insurance
    43  carrier  is  produced  in  a  form  satisfactory  to the chair, that the
    44  payment of disability benefits and after  January  first,  two  thousand
    45  twenty-one,  the  payment of family leave benefits for all employees has
    46  been secured as provided by this  article.    Nothing  herein,  however,
    47  shall  be  construed as creating any liability on the part of such state
    48  or municipal department, board, commission or office to pay any disabil-
    49  ity benefits to any such employee if so employed.
    50    (b) The head of a state or municipal department, board, commission  or
    51  office  authorized  or required by law to enter into any contract for or
    52  in connection with any work involving the  employment  of  employees  in
    53  employment  as  defined in this article, and notwithstanding any general
    54  or special statute requiring or authorizing any such contract, shall not
    55  enter into any such contract unless proof duly subscribed by  an  insur-
    56  ance  carrier  is produced in a form satisfactory to the chair, that the

        S. 6406--C                         110                        A. 9006--C
 
     1  payment of disability benefits and after  January  first,  two  thousand
     2  eighteen,  the  payment  of  family leave benefits for all employees has
     3  been secured as provided by this article.
     4    §  19.  Section  221  of  the workers' compensation law, as separately
     5  amended by chapters 425 and 500 of the laws of 1985, is amended to  read
     6  as follows:
     7    §  221.  Determination  of  contested claims for disability and family
     8  leave benefits.   [Within twenty-six weeks]  In  accordance  with  regu-
     9  lations  adopted by the chair, within twenty-six weeks of written notice
    10  of rejection of claim, the employee may file with the [chairman] chair a
    11  notice that his or her claim for disability or family leave benefits has
    12  not been paid, and the employee shall  submit  proof  of  disability  or
    13  entitlement  to  family  leave  and  of his or her employment, wages and
    14  other facts reasonably necessary for  determination  of  the  employee's
    15  right  to  such  benefits.  Failure  to file such notice within the time
    16  provided, may be excused [by the chairman] if it can be  shown  [to  the
    17  satisfaction  of  the  chairman] not to have been reasonably possible to
    18  furnish such notice and that such notice was furnished as soon as possi-
    19  ble.  On demand [of the chairman] the employer or carrier  shall  forth-
    20  with  deliver to the [chairman] board the original or a true copy of the
    21  [attending physician's or attending podiatrist's or  accredited  practi-
    22  tioner's  statement]  health care provider's report, wage and employment
    23  data and all other [papers]  documentation  in  the  possession  of  the
    24  employer or carrier with respect to such claim.
    25    The  [board] chair or designee, shall have full power and authority to
    26  determine all issues in relation to  every  such  claim  for  disability
    27  benefits  required  or  provided  under this article, and shall file its
    28  decision in the office of the chairman. Upon such filing,  the  chairman
    29  shall send to the parties a copy of the decision. Either party may pres-
    30  ent evidence and be represented by counsel at any hearing on such claim.
    31  The  decision  of  the  board shall be final as to all questions of fact
    32  and, except as provided in section twenty-three of this chapter,  as  to
    33  all  questions  of law.  Every decision [of the board] shall be complied
    34  with in accordance with its terms within ten days thereafter except  [in
    35  case  of  appeal]  as  permitted by law upon the filing of a request for
    36  review, and any payments due  under  such  decision  shall  draw  simple
    37  interest  from thirty days after the making thereof at the rate provided
    38  in section five thousand four of the civil practice law and  rules.  The
    39  chair  shall  adopt rules and regulations to carry out the provisions of
    40  this article including but not limited to resolution of contested claims
    41  and requests for review thereof, and payment of costs for resolution  of
    42  disputed  claims  by carriers.   Any designated process shall afford the
    43  parties the opportunity to present evidence and  to  be  represented  by
    44  counsel  in  any such proceeding.  The chair shall have the authority to
    45  provide for alternative dispute resolution procedures for claims arising
    46  under family leave, including but not limited to referral and submission
    47  of disputed claims to a neutral arbitrator  under  the  auspices  of  an
    48  alternative  dispute resolution association pursuant to article seventy-
    49  five of the civil practice law and rules. Neutral arbitrator shall  mean
    50  an  arbitrator  who  does not have a material interest in the outcome of
    51  the arbitration proceeding or an existing and substantial  relationship,
    52  including  but not limited to pecuniary interests, with a party, counsel
    53  or representative of a party.   Any determination  made  by  alternative
    54  dispute  resolution  shall  not be reviewable by the board and the venue
    55  for any appeal shall be to a court of competent jurisdiction.

        S. 6406--C                         111                        A. 9006--C
 
     1    § 20. Section 222 of the workers' compensation law, as added by  chap-
     2  ter 600 of the laws of 1949, is amended to read as follows:
     3    §  222.  Technical  rules  of evidence or procedure not required.  The
     4  [chairman or] chair, the board or  the  chair's  designee,  pursuant  to
     5  section  two  hundred  twenty-one of this article, in making an investi-
     6  gation or inquiry or conducting a hearing shall not be bound  by  common
     7  law  or  statutory  rules of evidence or by technical or formal rules of
     8  procedure, except as provided by this chapter; but may make such  inves-
     9  tigation  or inquiry or conduct such hearing in such manner as to ascer-
    10  tain the substantial rights of the parties.
    11    § 21. Sections 223 and 224 of the workers' compensation  law,  section
    12  223  as added by chapter 600 of the laws of 1949, section 224 as amended
    13  by chapter 334 of the laws of 1978, are amended to read as follows:
    14    § 223. Modification of board decisions or orders. Upon its own  motion
    15  or  upon  the application of any party in interest, the board may at any
    16  time review any decision or order regarding disability benefits and,  on
    17  such  review,  may make a decision ending, diminishing or increasing the
    18  disability benefits previously  ordered,  and  shall  state  the  reason
    19  therefor.   Upon  the  filing  of  such  decision  regarding  disability
    20  benefits, the [chairman] chair shall send to each of the parties a  copy
    21  thereof.  No  such  review shall affect any previous decision as regards
    22  any moneys regarding disability benefits already  paid,  except  that  a
    23  decision  increasing  the  disability benefit rate may be made effective
    24  from date of commencement of disability, and except that, if any part of
    25  the disability benefits due is unpaid, a decision decreasing  the  disa-
    26  bility benefit rate may be made effective from the commencement of disa-
    27  bility,  and any payments made prior thereto in excess of such decreased
    28  rate shall be deducted from future disability benefits  in  such  manner
    29  and by such method as may be determined by the board.
    30    §  224.  Appeals.  All  the provisions of section twenty-three of this
    31  chapter with respect to decisions of the board  and  appeals  from  such
    32  decisions  shall  be  applicable  to  decisions of the board [under this
    33  article] regarding disability benefits and to appeals  from  such  deci-
    34  sions  regarding  disability benefits as fully in all respects as if the
    35  provisions of section twenty-three of this chapter were fully set  forth
    36  in  this  article  except that reimbursement for disability benefits, if
    37  required, following modification or rescission upon appeal shall be paid
    38  from administrative expenses as provided in section two hundred  twenty-
    39  eight of this article.
    40    §  22. Section 225 of the workers' compensation law, as added by chap-
    41  ter 600 of the laws of 1949, is amended to read as follows:
    42    § 225. Fees for representing employees. Claims of attorneys and  coun-
    43  sellors-at-law for services in connection with any contested claim aris-
    44  ing  under  this article shall not be enforceable unless approved by the
    45  board. If so approved, such fee or fees shall become  a  lien  upon  the
    46  benefits  ordered,  but shall be paid therefrom only in the manner fixed
    47  by the board or the alternative dispute  resolution  association.    Any
    48  other  person, firm, corporation, organization, or other association who
    49  shall exact or receive any fee or gratuity for any services rendered  on
    50  behalf  of  an employee except in an amount so determined [by the board]
    51  shall be guilty of a misdemeanor. Any person, firm, corporation,  organ-
    52  ization,  or  association  who  shall solicit the business [of appearing
    53  before the board on behalf] of an employee claiming benefits under  this
    54  article,  or  who  shall  make it a business to solicit employment for a
    55  lawyer in connection with any claim for disability or family leave bene-
    56  fits under this article, or who shall exact or receive any fee or gratu-

        S. 6406--C                         112                        A. 9006--C
 
     1  ity or other charge with respect to the collection  of  any  uncontested
     2  claim  for  disability  or  family  leave benefits, shall be guilty of a
     3  misdemeanor.
     4    §  23.  Subdivision 5 of section 226 of the workers' compensation law,
     5  as amended by chapter 211 of the laws of 1983, is amended and three  new
     6  subdivisions 7, 8 and 9 are added to read as follows:
     7    5.  No  contract of insurance issued by an insurance carrier providing
     8  the benefits to be paid under this article shall be cancelled within the
     9  time limited in such contract for its expiration unless notice is  given
    10  as  required by this section. When cancellation is due to non-payment of
    11  premiums such cancellation shall not be effective  until  at  least  ten
    12  days  after  a notice of cancellation of such contract, on a date speci-
    13  fied in such notice, shall be filed in  the  office  of  the  [chairman]
    14  chair  and  also served on the employer. When cancellation is due to any
    15  reason other than non-payment of premiums such cancellation shall not be
    16  effective until at least thirty days after a notice of  cancellation  of
    17  such contract, on a date specified in such notice, shall be filed in the
    18  office  of  the  [chairman]  chair  and  also  served  on  the employer;
    19  provided, however, in either case that if insurance with another  insur-
    20  ance  carrier  has  been  obtained  which becomes effective prior to the
    21  expiration of the time stated in such notice, the cancellation shall  be
    22  effective  as  of  the date of such other coverage. Such notice shall be
    23  served on the employer [by] as prescribed by the chair, including deliv-
    24  ering it to him [or by sending  it  by  certified  or  registered  mail,
    25  return  receipt  requested, addressed to the employer at his or its last
    26  known place of business] or her by electronic means; provided  that,  if
    27  the  employer be a partnership, then such notice may be given to any one
    28  of the partners, and if the employer be a corporation  then  the  notice
    29  may  be given to any agent or officer of the corporation upon whom legal
    30  process may be served, provided, however, the right to cancellation of a
    31  policy of insurance in the  state  fund  shall  be  exercised  only  for
    32  nonpayment  of  premiums  or  as provided in section ninety-four of this
    33  chapter.
    34    7. The chair may require by regulation that  every  policy  of  family
    35  leave  insurance  contain  a  provision  requiring  that all disputes be
    36  resolved by designated alternative dispute resolution process in accord-
    37  ance with such regulations.
    38    8. Premiums for policies providing disability or family leave benefits
    39  in accordance with this article shall be calculated in  accordance  with
    40  applicable  provisions of the insurance law, including subsection (n) of
    41  section four thousand two hundred thirty-five of such law.
    42    9. Except as set forth in subdivision eight  of  section  two  hundred
    43  eleven  of  this  article,  every policy of insurance issued pursuant to
    44  this article must offer coverage for both disability  and  family  leave
    45  benefits.
    46    §  24. The section heading of section 227 of the workers' compensation
    47  law, as amended by chapter 805 of the laws of 1984, is amended  to  read
    48  as follows:
    49    Actionable injuries in claims for disability benefits; subrogation.
    50    § 25. Intentionally omitted.
    51    §  26.  Section  229  of  the workers' compensation law, as amended by
    52  chapter 271 of the laws of 1985, is amended to read as follows:
    53    § 229. Posting of notice and providing of notice of  rights.  1.  Each
    54  covered employer shall post and maintain in a conspicuous place or plac-
    55  es  in  and about the employer's place or places of business typewritten
    56  or printed notices in form prescribed by the [chairman]  chair,  stating

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     1  that  the employer has provided for the payment of disability and family
     2  leave benefits as required by this article.  The  [chairman]  chair  may
     3  require  any covered employer to furnish a written statement at any time
     4  showing  the carrier insuring the payment of benefits under this article
     5  or the manner in which such  employer  has  complied  with  section  two
     6  hundred  eleven  of this article or any other provision of this article.
     7  Failure for a period of ten days to furnish such written statement shall
     8  constitute presumptive evidence that  such  employer  has  neglected  or
     9  failed in respect of any of the matters so required.
    10    2.  Whenever  an  employee  of  a covered employer who is eligible for
    11  benefits under section two hundred four of this article shall be  absent
    12  from  work  due to a disability or to provide family leave as defined in
    13  subdivision nine and subdivision fifteen respectively,  of  section  two
    14  hundred  one  of  this article for more than seven consecutive days, the
    15  employer shall provide the employee with  a  written  statement  of  the
    16  employee's rights under this article in a form prescribed by the [chair-
    17  man] chair.  The statement shall be provided to the employee within five
    18  business  days  after  the employee's seventh consecutive day of absence
    19  due to disability or family leave or within five business days after the
    20  employer [knows or should know] has received notice that the  employee's
    21  absence is due to disability or family leave, whichever is later.
    22    §  27.  Section  232  of  the workers' compensation law, as amended by
    23  chapter 270 of the laws of 1990, is amended to read as follows:
    24    § 232. Fees for testimony of physicians,  podiatrists,  chiropractors,
    25  dentists  [and],  psychologists and health care providers.  Whenever his
    26  or her attendance at a hearing, deposition  or  arbitration  before  the
    27  board  or  [its  referees] the chair's designee, pursuant to section two
    28  hundred twenty-one of this article, is required, the attending physician
    29  or attending podiatrist or attending chiropractor or  attending  dentist
    30  or  attending  psychologist  or attending certified nurse midwife of the
    31  disabled employee, except  such  physicians  as  are  disqualified  from
    32  testifying pursuant to subdivision one of section thirteen-b, or section
    33  nineteen-a of this chapter, and except such podiatrists as are disquali-
    34  fied  from  testifying  under  the provisions of section thirteen-k, and
    35  except such chiropractors as are disqualified from testifying under  the
    36  provisions  of  section thirteen-l, and except such psychologists as are
    37  disqualified from testifying under the provisions of section thirteen-m,
    38  or health care provider shall be entitled to receive  a  fee  [from  the
    39  carrier  or  the fund established under section two hundred fourteen, in
    40  an amount as directed and fixed by the board, or its referees, and  such
    41  fee  shall  be  in addition to any witness fee] in accordance with regu-
    42  lations of the chair.
    43    § 28. Section 237 of the workers' compensation law, as added by  chap-
    44  ter 600 of the laws of 1949, is amended to read as follows:
    45    § 237. Reimbursement for advance payments by employers. If an employer
    46  has made advance payments of benefits or has made payments to an employ-
    47  ee  in  like  manner  as wages during any period of disability or family
    48  leave for which such employee is entitled to the  benefits  provided  by
    49  this article, he or she shall be entitled to be reimbursed by the carri-
    50  er  out of any benefits due or to become due for the existing disability
    51  or family leave, if the claim for reimbursement is filed with the carri-
    52  er prior to payment of the benefits by the carrier.
    53    § 29. Intentionally omitted.
    54    § 30. Section 239 of the workers' compensation law, as added by  chap-
    55  ter 600 of the laws of 1949, is amended to read as follows:

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     1    §  239.  Representation  before the board. Any person, firm, or corpo-
     2  ration licensed by the board under section twenty-four-a of this article
     3  or subdivision three-b of section fifty of this chapter shall be  deemed
     4  to  be  authorized  to  appear  in  behalf  of claimants or self insured
     5  employers,  as  the case may be, in contested disability or family leave
     6  claims under this article.
     7    § 31. The section heading and the opening paragraph of section 120  of
     8  the  workers'  compensation law, as amended by chapter 61 of the laws of
     9  1989, are amended to read as follows:
    10    Discrimination against employees [who bring proceedings]. It shall  be
    11  unlawful  for  any  employer  or  his  or  her  duly authorized agent to
    12  discharge or fail to reinstate pursuant to section two  hundred  three-b
    13  of this chapter, or in any other manner discriminate against an employee
    14  as  to  his  or  her  employment  because  such  employee has claimed or
    15  attempted to claim  compensation  from  such  employer,  or  claimed  or
    16  attempted  to  claim any benefits provided under this chapter or because
    17  he or she has testified or is about to testify  in  a  proceeding  under
    18  this chapter and no other valid reason is shown to exist for such action
    19  by the employer.
    20    § 32. Subdivision 2 of section 76 of the workers' compensation law, as
    21  added by chapter 600 of the laws of 1949, is amended to read as follows:
    22    2.  The purposes of the state insurance fund herein created are hereby
    23  enlarged to provide [for the] insurance [by the state insurance fund of]
    24  for the payment of the benefits required by section two hundred four  of
    25  this  chapter  including  benefits for family leave.  A separate fund is
    26  hereby created within the state insurance fund, which shall be known  as
    27  the  "disability benefits fund", and which shall consist of all premiums
    28  received and paid into said fund on account of such insurance, all secu-
    29  rities acquired by and through the use of moneys belonging to said  fund
    30  and  of interest earned upon moneys belonging to said fund and deposited
    31  or invested as herein provided. Said disability benefits fund  shall  be
    32  applicable  to  the  payment  of  benefits,  expenses and assessments on
    33  account of insurance written pursuant to article nine of  this  chapter.
    34  Premiums  for policies providing disability and family leave benefits in
    35  accordance with this article shall  be  calculated  in  accordance  with
    36  applicable  provisions of the insurance law, including subsection (n) of
    37  section four thousand two hundred thirty-five of  such  law.  The  state
    38  insurance  fund  shall have authority to discount or surcharge on estab-
    39  lished premium rates based on sound actuarial principles.
    40    § 33. Section 88-c of the workers' compensation law, as added by chap-
    41  ter 103 of the laws of 1981, is amended to read as follows:
    42    §  88-c.  Coverage  of  state  employees.  Notwithstanding  any  other
    43  provisions of law to the contrary and except as set forth in section two
    44  hundred and twelve-a of this chapter, the liability of the state for the
    45  payment  of compensation under this chapter heretofore existing or here-
    46  inafter arising shall be secured by an insuring agreement to be  entered
    47  into  between  the  department  of civil service and the state insurance
    48  fund wherein the state, from moneys appropriated therefor, shall pay  in
    49  advance to the fund on a periodic basis the actual costs to the fund for
    50  the  meeting  and  paying, as the same become due and payable, all obli-
    51  gations incurred under  this  chapter  by  the  state  as  an  employer.
    52  Notwithstanding  any law to the contrary, the fund may on an actuarially
    53  sound basis provide to the state insurance for any portion of the  obli-
    54  gations  of  the  state  as  employer under this chapter with respect to
    55  injuries or deaths resulting from accidents arising out of  and  in  the
    56  course  of  employment on or after April first, nineteen hundred eighty-

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     1  one. All such payments made by the state and paid into  the  state  fund
     2  shall  constitute  a  separate account in the fund to be used solely for
     3  the purpose of discharging all compensation  obligations  of  the  state
     4  pursuant  to  the  provisions of this chapter and in accordance with the
     5  insuring agreement as provided in  this  section.  Any  portion  of  the
     6  account  may be invested in the same manner as the assets of the fund as
     7  provided in section eighty-seven of this article. The liability  of  the
     8  fund  for the payment of any claims or the meeting of any obligations of
     9  the state as an employer as provided in this chapter  shall  not  exceed
    10  the moneys paid into such separate account and any increments or diminu-
    11  tions  thereof.  The agreement shall further provide that the fund shall
    12  render all services and make all reasonable  expenditures  necessary  or
    13  required  for  the  processing,  defense and payment of all claims under
    14  this chapter, including the protection of liens, subrogation, credit and
    15  other rights of the state as an employer or the fund as an  insurer,  in
    16  situations where the employees' injuries or deaths were caused by culpa-
    17  bility  of  third  parties.  Except to the extent that the state obtains
    18  insurance on an actuarially sound basis pursuant to  the  provisions  of
    19  this  section, the provisions of section eighty-six of this chapter with
    20  respect to the maintenance of reserves for the purpose of meeting antic-
    21  ipated compensation losses, shall not in any  manner  be  applicable  to
    22  claims  of  employees  of  the  state with respect to injuries or deaths
    23  resulting from accidents arising out of and in the course of  employment
    24  prior  to  April  first,  nineteen hundred eighty-one, or to an insuring
    25  agreement entered into between the state insurance fund and the  depart-
    26  ment of civil service in accordance with the provisions of this section.
    27    § 34. Subdivision 1 of section 141-a of the workers' compensation law,
    28  as  added  by  chapter  6  of  the  laws  of 2007, is amended to read as
    29  follows:
    30    1. To investigate violations of sections fifty-two [and], one  hundred
    31  thirty-one and two hundred thirteen of this chapter, the chair or his or
    32  her designees shall have the power to:
    33    (a) Enter and inspect any place of business at any reasonable time for
    34  the purpose of investigating employer compliance.
    35    (b) Examine and copy business records.
    36    (c) Administer oaths and affirmations.
    37    (d)   Issue  and  serve  subpoenas  for  attendance  of  witnesses  or
    38  production of business records, books, papers, correspondence,  memoran-
    39  da, and other records. Such subpoenas may be served without the state on
    40  any  defendant  over whom a New York court would have personal jurisdic-
    41  tion under the civil practice law and rules as  to  the  subject  matter
    42  under  investigation, provided the information or testimony sought bears
    43  a reasonable relationship to the subject matter under investigation.
    44    § 35. Section 318 of the workers' compensation law, as added by  chap-
    45  ter 788 of the laws of 1951, is amended to read as follows:
    46    §  318.  Rules of evidence; modification of board decisions or orders;
    47  appeals. The provisions of [sections] section two hundred twenty-two  [,
    48  two  hundred  twenty-three  and two hundred twenty-four] of this chapter
    49  are made applicable to claims for compensation under this article.
    50    § 36. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
    51  law is amended to read as follows:
    52    (3) "Accident and health insurance," means (i) insurance against death
    53  or  personal  injury  by  accident  or by any specified kind or kinds of
    54  accident and insurance  against  sickness,  ailment  or  bodily  injury,
    55  including  insurance  providing  disability  and  family  leave benefits
    56  pursuant to article nine of the workers'  compensation  law,  except  as

        S. 6406--C                         116                        A. 9006--C
 
     1  specified  in  item  (ii)  hereof;  and  (ii) non-cancellable disability
     2  insurance, meaning insurance against disability resulting from sickness,
     3  ailment or bodily injury (but excluding insurance solely  against  acci-
     4  dental  injury)  under  any contract which does not give the insurer the
     5  option to cancel or otherwise terminate the contract  at  or  after  one
     6  year from its effective date or renewal date.
     7    §  37.  Paragraphs  1  and  4 of subsection (h) of section 4235 of the
     8  insurance law are amended and a new subsection (n) is added to  read  as
     9  follows:
    10    (1)  Each  domestic  insurer  and  each foreign or alien insurer doing
    11  business in this state shall file with the superintendent its  schedules
    12  of  premium  rates,  rules  and  classification  of  risks  for  use  in
    13  connection with the issuance of its policies of  group  accident,  group
    14  health  or  group  accident  and  health  insurance, and of its rates of
    15  commissions, compensation or other fees  or  allowances  to  agents  and
    16  brokers  pertaining to the solicitation or sale of such insurance and of
    17  such fees or allowances, exclusive of amounts payable to persons who are
    18  in the regular employ of the insurer, other than as agent or  broker  to
    19  any individuals, firms or corporations pertaining to such class of busi-
    20  ness,  whether  transacted within or without the state. A group accident
    21  and health insurance policy providing disability and family leave  bene-
    22  fits  pursuant to article nine of the workers' compensation law shall be
    23  subject to the requirements of subsection (n) of this section.
    24    (4) Nothing herein shall prohibit the state insurance fund from taking
    25  into account peculiar hazards of individual risks in establishing higher
    26  premium rates to be charged for insurance providing for the  payment  of
    27  disability  [or]  and  family  leave benefits in accordance with article
    28  nine of the workers' compensation law.
    29    (n)(1) On or before June first, two  thousand  seventeen,  the  super-
    30  intendent  of financial services by regulation, in consultation with the
    31  chair of the workers' compensation board of this state, shall  determine
    32  whether the family leave benefit coverage of a group accident and health
    33  insurance policy providing disability and family leave benefits pursuant
    34  to  article  nine  of  the workers' compensation law, including policies
    35  issued by the state insurance fund, shall be experience rated or  commu-
    36  nity rated, which may include subjecting the family leave benefit cover-
    37  age  of  the  policy to a risk adjustment mechanism. Notwithstanding any
    38  law to the contrary, the superintendent shall establish  the  rates  for
    39  any  community  rated  family  leave  benefit  coverage  and shall apply
    40  commonly accepted actuarial  principles  to  establish  community  rated
    41  family  leave  benefit coverage rates that are not excessive, inadequate
    42  or unfairly discriminatory. On June first, two thousand seventeen and on
    43  September first of each year thereafter the superintendent shall publish
    44  all community rated family leave benefit rates  for  the  policy  period
    45  beginning on the following January first.
    46    (2)  If  the  policy  is subjected to a risk adjustment mechanism, the
    47  superintendent of financial services shall promulgate regulations neces-
    48  sary for the implementation of this subsection in consultation with  the
    49  chair  of  the  workers' compensation board of this state. Any such risk
    50  adjustment mechanism shall be administered directly by  the  superinten-
    51  dent of financial services of this state, in consultation with the chair
    52  of  the  workers'  compensation board of this state, or by a third party
    53  vendor selected by the superintendent of financial services in consulta-
    54  tion with the chair of the workers' compensation board.
    55    (3) "Risk adjustment mechanism" as used in this subsection  means  the
    56  process  used  to  equalize the per member per month claim amounts among

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     1  insurers in order to  protect  insurers  from  disproportionate  adverse
     2  risks.
     3    § 38. Subdivision (c) of section 1108 of the insurance law, as amended
     4  by chapter 838 of the laws of 1985, is amended to read as follows:
     5    (c)  The  state  insurance  fund  of  this  state,  except  as  to the
     6  provisions of subsection (d) of section two thousand three hundred thir-
     7  ty-nine, section three thousand one hundred ten, subsection  (a),  para-
     8  graph  one  of  subsection  (b),  paragraph  three of subsection (c) and
     9  subsection (d) of section three thousand two hundred one, sections three
    10  thousand two hundred two, three thousand two hundred  four,  subsections
    11  (a)  through  (d)  of  section  three  thousand  two hundred twenty-one,
    12  subsections (b) and (c) of section four  thousand  two  hundred  twenty-
    13  four,  section  four thousand two hundred twenty-six and subsections (a)
    14  and (b) [and], (g) through (j), and (n) of  section  four  thousand  two
    15  hundred thirty-five of this chapter and except as otherwise specifically
    16  provided by the laws of this state.
    17    §  39. Section 242 of the workers' compensation law, as added by chap-
    18  ter 600 of the laws of 1949, is amended to read as follows:
    19    § 242. Separability of provisions; federal law; regulations.    1.  If
    20  any  provision  of  this [act] article or the application thereof to any
    21  person or circumstances is held invalid, the  remainder  of  this  [act]
    22  article  and  the  application  of  such  provision  to other persons or
    23  circumstances shall not be affected thereby.
    24    2. Nothing in this article shall be interpreted or applied  so  as  to
    25  create a conflict with federal law.
    26    3.  The  chair shall have authority to adopt regulations to effectuate
    27  any of the provisions of this article.
    28    § 40. This act shall take effect April 1, 2016 and shall apply to  all
    29  policies  or  contracts issued, renewed, modified, altered or amended on
    30  or after such effective date; provided, however,  that  effective  imme-
    31  diately, the addition, amendment and/or repeal of any rule or regulation
    32  necessary  for  the implementation of this act on its effective date are
    33  authorized and directed to be made  and  completed  on  or  before  such
    34  effective date.
 
    35                                   PART TT
 
    36    Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public
    37  authorities  law  are  REPEALED  and  subdivision  14 of such section is
    38  renumbered subdivision 10.
    39    § 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities
    40  law, subdivision 6 as amended by chapter 506 of the laws  of  2009,  and
    41  subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are
    42  amended to read as follows:
    43    6.  To  appoint  officers,  agents and employees and fix their compen-
    44  sation, provided, however, that the appointment of the executive  direc-
    45  tor  shall  be  subject to confirmation by the senate in accordance with
    46  section twenty-eight hundred fifty-two of this chapter; subject  however
    47  to  the  provisions  of  the civil service law, which shall apply to the
    48  authority [and to the subsidiary corporation  thereof]  as  a  municipal
    49  corporation other than a city;
    50    8.  Subject  to agreements with noteholders or bondholders, to fix and
    51  collect such fees, rentals and  charges  for  the  use  of  the  thruway
    52  [system]  or  any part thereof necessary or convenient, with an adequate
    53  margin of safety, to produce sufficient revenue to meet the  expense  of
    54  maintenance  and  operation  and  to fulfill the terms of any agreements

        S. 6406--C                         118                        A. 9006--C
 
     1  made with the holders of its notes or bonds, and to establish the rights
     2  and privileges granted upon payment thereof[;  provided,  however,  that
     3  tolls may only be imposed for the passage through locks and lift bridges
     4  by  vessels which are propelled in whole or in part by mechanical power;
     5  and provided further that no tolls shall be imposed or  collected  prior
     6  to the first day of April, nineteen hundred ninety-three].
     7    10.  To  construct,  reconstruct  or  improve  on or along the thruway
     8  [system] in the manner herein  provided,  suitable  facilities  for  gas
     9  stations,  restaurants, and other facilities for the public, or to lease
    10  the right to construct, reconstruct or improve and operate such  facili-
    11  ties;  such  facilities shall be publicly offered for leasing for opera-
    12  tion, or the right to construct, reconstruct or improve and operate such
    13  facilities shall be publicly offered under rules and regulations  to  be
    14  established  by the authority, provided, however, that lessees operating
    15  such facilities at the time this act becomes effective, may  reconstruct
    16  or  improve  them  or  may  construct additional like facilities, in the
    17  manner and upon such terms and conditions as the board shall determine[;
    18  and provided further, however, that such facilities constructed,  recon-
    19  structed  or  improved  on or along the canal system shall be consistent
    20  with the canal recreationway  plan  approved  pursuant  to  section  one
    21  hundred thirty-eight-c of the canal law and section three hundred eight-
    22  y-two of this title];
    23    §  3. Section 355 of the public authorities law, as amended by chapter
    24  138 of the laws of 1997, is amended to read as follows:
    25    § 355. Officers and employees; transfer, promotion and  seniority.  1.
    26  Officers  and  employees  of  state departments, agencies, [or the canal
    27  corporation] or divisions may be transferred to the authority and  offi-
    28  cers,  agents and employees of the authority may be transferred to state
    29  departments, agencies, [or the canal corporation] or divisions,  without
    30  examination  and  without loss of any civil service status or rights. No
    31  such transfer from the authority [or canal  corporation]  to  any  state
    32  department,  agency,  or  division may, however, be made except with the
    33  approval of the head  of  the  state  department,  agency,  or  division
    34  involved and the director of the budget and in compliance with the rules
    35  and regulations of the state civil service commission.
    36    2.  Promotions  from  positions  in  state departments and agencies to
    37  positions in the authority [or canal corporation], and vice  versa,  may
    38  be  made from interdepartmental promotion lists resulting from promotion
    39  examinations in which employees of  the  authority[,  employees  of  the
    40  canal  corporation,]  and employees of the state are eligible to partic-
    41  ipate.
    42    3. In computing seniority for purposes of promotion or for purposes of
    43  suspension or demotion upon the abolition of positions in the service of
    44  the authority or in the service of the state, in the case of an employee
    45  of the authority a period of prior employment  in  the  service  of  the
    46  state  shall  be  counted  in  the  same manner as though such period of
    47  employment had been in the service of the authority, and in the case  of
    48  an  employee of the state a period of prior employment in the service of
    49  the authority shall be counted in the same manner as though such  period
    50  of  employment had been in the service of the state. For the purposes of
    51  the  establishment  and  certification  of  preferred  lists,  employees
    52  suspended  from the authority shall be eligible for reinstatement in the
    53  service of the state, and employees suspended from the  service  of  the
    54  state shall be eligible for reinstatement in the service of the authori-
    55  ty,  in the same manner as though the authority were a department of the
    56  state.  [All provisions contained within this subdivision shall apply to

        S. 6406--C                         119                        A. 9006--C

     1  the canal corporation in the same manner that they apply to the authori-
     2  ty.]
     3    §  4. Section 357 of the public authorities law, as amended by chapter
     4  766 of the laws of 1992, is amended to read as follows:
     5    § 357. Right of authority to use state property; payment for  improve-
     6  ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
     7  connection or any part thereof, or of a highway connection, [or  of  the
     8  New  York  state  canal  system,]  the authority shall have the right to
     9  possess and use for its corporate purposes  so  long  as  its  corporate
    10  existence  shall continue, any real property and rights in real property
    11  theretofore acquired by the state, including  all  improvements  thereon
    12  [and  state  canal  lands  and  properties; provided that the use by the
    13  authority of canal lands and properties for highway purposes  shall  not
    14  interfere with the use thereof for canal purposes].
    15    §  5.  Subdivisions 2 and 3 of section 357-a of the public authorities
    16  law are REPEALED and subdivision 1, as added by section 1 of part  E  of
    17  chapter 58 of the laws of 2013, is amended to read as follows:
    18    1. Enforcement assistance [shall be] provided by the division of state
    19  police at [a level consistent with historical precedents, as a matter of
    20  state  interest,  on  all  sections  of the thruway. The authority shall
    21  provide goods and services to the division of state police in connection
    22  with its enforcement activity on the  thruway.  The  division  of  state
    23  police and the authority shall enter into an agreement identifying those
    24  goods  and  services  that the authority will provide to the division of
    25  state police and determine  reporting  and  other  requirements  related
    26  thereto.  Any  costs borne by the state police outside of such agreement
    27  shall not be reimbursed by the authority nor shall they be deemed  costs
    28  of  the  authority]  the request of the authority shall be reimbursed by
    29  the authority to the division of state police from the  general  reserve
    30  fund  established by the authority under its agreement with bondholders,
    31  after payment of any amounts due on any bonds or notes of the authority.
    32  The comptroller is hereby authorized and directed to deposit to the  New
    33  York state thruway authority account, revenues received from the author-
    34  ity  as  reimbursement  for  personal service expenses including general
    35  state charges. In addition, the authority shall reimburse  the  division
    36  of  state  police  for non-personal service expenses connected with such
    37  assistance. Such reimbursement shall be made from such  general  reserve
    38  fund.  The authority shall deposit said reimbursement funds for non-per-
    39  sonal service expenses to the credit of the division of state police. No
    40  payments made by the authority under this  subsection  shall  be  deemed
    41  operating expenses of the authority.
    42    §  6.  Subdivision  1 of section 359 of the public authorities law, as
    43  amended by chapter 766 of the laws  of  1992,  is  amended  to  read  as
    44  follows:
    45    1.  On assuming jurisdiction of a thruway section or connection or any
    46  part thereof, or of a highway connection, [or  of  the  New  York  state
    47  canal system,] the authority shall proceed with the construction, recon-
    48  struction  or  improvement thereof. All such work shall be done pursuant
    49  to a contract or contracts which shall be let to the lowest  responsible
    50  bidder,  by sealed proposals publicly opened, after public advertisement
    51  and upon such terms and  conditions  as  the  authority  shall  require;
    52  provided,  however,  that the authority may reject any and all proposals
    53  and may advertise for new proposals, as herein provided, if in its opin-
    54  ion, the best interests of  the  authority  will  thereby  be  promoted;
    55  provided  further, however, that at the request of the authority, all or
    56  any portion of such work, together with any engineering required by  the

        S. 6406--C                         120                        A. 9006--C
 
     1  authority in connection therewith, shall be performed by the commission-
     2  er  and  his  subordinates in the department of transportation as agents
     3  for, and at the expense of, the authority.
     4    §  7. Section 359-a of the public authorities law, as added by chapter
     5  140 of the laws of 2002, is amended to read as follows:
     6    § 359-a. Procurement contracts. For the purposes  of  section  twenty-
     7  eight  hundred  seventy-nine of this chapter as applied to the authority
     8  [or the canal corporation], the term "procurement contract"  shall  mean
     9  any  written  agreement  for the acquisition of goods or services of any
    10  kind by the authority [or the canal corporation] in the actual or  esti-
    11  mated amount of fifteen thousand dollars or more.
    12    §  8. Section 360 of the public authorities law, as amended by chapter
    13  766 of the laws of 1992, is amended to read as follows:
    14    § 360. Operation and maintenance. Operation  and  maintenance  by  the
    15  authority of any thruway section or connection or any part thereof or of
    16  a  highway connection[, the New York state canal system] of which it has
    17  assumed jurisdiction shall be performed (a)  by  the  use  of  authority
    18  forces  and equipment at the expense of the authority or by agreement at
    19  the expense of the state or other parties; (b) by contract with  munici-
    20  palities  or independent contractors; (c) at the request of the authori-
    21  ty, by the commissioner and his subordinates in the department of trans-
    22  portation as agents for, and at the expense of the authority, or (d)  by
    23  a combination of such methods.
    24    §  9. Section 362 of the public authorities law, as amended by chapter
    25  766 of the laws of 1992, is amended to read as follows:
    26    § 362. Assistance by state officers,  departments,  boards,  divisions
    27  and  commissions. At the request of the authority, engineering and legal
    28  services for such authority shall be performed by forces or officers  of
    29  the department of transportation and the department of law respectively,
    30  and all other state officers, departments, boards, divisions and commis-
    31  sions  shall  render  services within their respective functions. At the
    32  request of the authority, services in connection with the collection  of
    33  any  charges  or  fees  for  the use of the thruway[, the New York state
    34  canal system] or any part thereof may be performed by the department  of
    35  motor vehicles.
    36    § 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision
    37  3  of  section  365 of the public authorities law, as amended by chapter
    38  766 of the laws of 1992, are amended to read as follows:
    39    (a) Subject to the provisions of section three  hundred  sixty-six  of
    40  this  title, the authority shall have the power and is hereby authorized
    41  from time to time to issue its negotiable notes and bonds in  conformity
    42  with  applicable provisions of the uniform commercial code in such prin-
    43  cipal amount as, in the opinion of the authority, shall be necessary  to
    44  provide  sufficient moneys for achieving the corporate purposes thereof,
    45  including construction, reconstruction and improvement  of  the  thruway
    46  sections and connections, and highway connections herein described, [the
    47  New  York  state canal system subject to the provisions of section three
    48  hundred eighty-three of this title,] together with  suitable  facilities
    49  and  appurtenances,  the  payment  of all indebtedness to the state, the
    50  cost of acquisition of all real property, the expense of maintenance and
    51  operation, interest on notes and bonds during  construction  and  for  a
    52  reasonable  period thereafter, establishment of reserves to secure notes
    53  or bonds, and all other expenditures of the authority  incident  to  and
    54  necessary or convenient to carry out its corporate purposes and powers.

        S. 6406--C                         121                        A. 9006--C
 
     1    (i)  the  acquisition of jurisdiction over, and of property for, thru-
     2  ways, [the New York state canal system,] and  the  construction,  recon-
     3  struction, improvement, maintenance or operation thereof;
     4    § 11. Section 382 of the public authorities law is REPEALED.
     5    § 12. Section 383 of the public authorities law is REPEALED.
     6    §  13.  Section 388 of the public authorities law, as added by chapter
     7  500 of the laws of 2011, is amended to read as follows:
     8    § 388. Limitation on powers of the authority. A department, authority,
     9  division or agency of the state shall not offer or permit any officer or
    10  employee of such department, authority, division or agency to use a pass
    11  to access and/or use the  thruway  [system]  without  the  officer's  or
    12  employee's  personal payment of tolls except when the use of such a pass
    13  and/or use of the thruway [system] without  personal  payment  of  tolls
    14  occurs  in the normal course of the employment or duties of such officer
    15  or employee. This section shall not diminish the rights of any  employee
    16  pursuant to a collective bargaining agreement.
    17    §  14.  Subdivisions 18 and 21 of section 2 of the canal law, subdivi-
    18  sion 18 as amended and subdivision 21 as renumbered by  chapter  335  of
    19  the  laws of 2001, subdivision 21 as added by chapter 442 of the laws of
    20  1996, are amended and a new subdivision 24 is added to read as follows:
    21    18. "Authority" shall mean the [New York state  thruway  authority,  a
    22  body corporate and politic constituting a public corporation created and
    23  constituted  pursuant  to  title nine of article two] power authority of
    24  the state of New York, a body corporate and politic constituting a poli-
    25  tical subdivision of the state created and constituted pursuant to title
    26  one of article five of the public authorities law.
    27    21. "Corporation" and "canal corporation"  shall  mean  the  New  York
    28  state  canal  corporation,  [a  subsidiary of the New York state thruway
    29  authority,] a public benefit corporation created  pursuant  to  [section
    30  three  hundred  eighty-two  of the public authorities law] chapter seven
    31  hundred sixty-six of the laws of nineteen hundred ninety-two and contin-
    32  ued and reconstituted as a subsidiary corporation of the power authority
    33  of the state of New York pursuant to  subdivision  one  of  section  one
    34  thousand five-b of the public authorities law.
    35    24. "Thruway authority" shall mean the New York state thruway authori-
    36  ty,  a  body  corporate  and  politic  constituting a public corporation
    37  created and constituted pursuant to title nine of  article  two  of  the
    38  public authorities law.
    39    § 15. The article heading of article 1-A of the canal law, as added by
    40  chapter 766 of the laws of 1992, is amended to read as follows:
    41               TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY]
    42                  POWER AUTHORITY OF THE STATE OF NEW YORK
    43    § 16. Section 5 of the canal law, as amended by amended chapter 335 of
    44  the laws of 2001, is amended to read as follows:
    45    §  5. Transfer of powers and duties relating to canals and canal lands
    46  to the [New York state thruway authority] power authority of  the  state
    47  of  New  York. The powers and duties of the [commissioner of transporta-
    48  tion] thruway authority relating to the New York state canal  system  as
    49  set forth in articles one through and including fourteen, except article
    50  seven,  of  this  chapter, and except properties in use on the effective
    51  date of this  article  in  support  of  highway  maintenance,  equipment
    52  management  and traffic signal operations of the department of transpor-
    53  tation, heretofore transferred by the commissioner of transportation  to
    54  the  thruway  authority,  are  hereby transferred to and merged with the
    55  authority, to be exercised by the  authority  directly  or  through  the
    56  canal  corporation  on behalf of the people of the state of New York. In

        S. 6406--C                         122                        A. 9006--C
 
     1  addition, the commissioner of transportation and the [chairman] chair of
     2  the authority or his or her designee may,  in  their  discretion,  enter
     3  into  an  agreement  or agreements transferring the powers and duties of
     4  the commissioner of transportation relating to any or all of the bridges
     5  and  highways as set forth in article seven of this chapter, to be exer-
     6  cised by the authority directly or  through  the  canal  corporation  on
     7  behalf  of the people of the state of New York, and, as determined to be
     8  feasible and advisable by the authority's trustees, shall enter into  an
     9  agreement  or  agreements  directly or through the canal corporation for
    10  the financing, construction, reconstruction or improvement of  lift  and
    11  movable bridges on the canal system. Such powers shall be in addition to
    12  other powers enumerated in title [nine] one of article [two] five of the
    13  public  authorities  law.   All of the provisions of title [nine] one of
    14  article [two] five of such law which  are  not  inconsistent  with  this
    15  chapter  shall apply to the actions and duties of the authority pursuant
    16  to this chapter. The authority shall be deemed to be the state in  exer-
    17  cising  the  powers  and duties transferred pursuant to this section but
    18  for no other purposes.
    19    § 17. Subdivisions 1, 2, 3, 4 and 5 of section 6  of  the  canal  law,
    20  subdivisions  2  and  5 as added by chapter 766 of the laws of 1992, and
    21  subdivisions 1, 3 and 4 as amended by chapter 335 of the laws  of  2001,
    22  are amended to read as follows:
    23    1.  The  jurisdiction  of the [commissioner of transportation] thruway
    24  authority over the New York  state  canal  system  and  over  all  state
    25  assets,  equipment  and property, both tangible and intangible, owned or
    26  used in connection with the planning, development, construction,  recon-
    27  struction, maintenance and operation of the New York state canal system,
    28  as  set  forth  in  articles  one through and including fourteen, except
    29  article seven, of this chapter, and except  properties  in  use  on  the
    30  effective date of this article in support of highway maintenance, equip-
    31  ment  management  and  traffic  signal  operations  of the department of
    32  transportation, heretofore transferred by the commissioner of  transpor-
    33  tation  to the thruway authority, are hereby transferred without consid-
    34  eration to the authority, to be held by the authority in the name of the
    35  people of the state of New York. In addition the commissioner of  trans-
    36  portation and the [chairman] chair of the authority or his or her desig-
    37  nee  may,  in  their  discretion,  enter into an agreement or agreements
    38  transferring jurisdiction over any or all of the  bridges  and  highways
    39  set forth in article seven of this chapter, and any or all state assets,
    40  equipment  and  property, both tangible and intangible, owned or used in
    41  connection with the planning, development, construction, reconstruction,
    42  maintenance and operation of such bridges and highways, which  shall  be
    43  transferred  without  consideration  to the authority, to be held by the
    44  authority through the corporation in the name of the people of the state
    45  of New York. Any other rights and obligations resulting from or  arising
    46  out  of  the planning, development, construction, reconstruction, opera-
    47  tion or maintenance of the New York state canal system shall  be  deemed
    48  assigned  to  and shall be exercised by the authority through the corpo-
    49  ration, except that the authority may  designate  the  [commissioner  of
    50  transportation]  chair  of the thruway authority to be its agent for the
    51  operation and maintenance of the New York state canal  system,  provided
    52  that  such  designation shall have no force or effect after [March thir-
    53  ty-first, nineteen hundred ninety-three]  January  first,  two  thousand
    54  seventeen.  Such canal system shall remain the property of the state and
    55  under its management and control as exercised by and through the author-
    56  ity,  through  the corporation which shall be deemed to be the state for

        S. 6406--C                         123                        A. 9006--C
 
     1  the purposes of such management and control of the  canals  but  for  no
     2  other purposes.
     3    2. The department of transportation and thruway authority shall deliv-
     4  er  to  the  authority  all  books, policies, procedures, papers, plans,
     5  maps, records, equipment and property of such department  pertaining  to
     6  the functions transferred pursuant to this article.
     7    3.  All rules, regulations, acts, determinations, orders and decisions
     8  of the commissioner of transportation [and of the], department of trans-
     9  portation, or thruway authority pertaining to the functions  transferred
    10  pursuant  to  this  article  in force at the time of such transfer shall
    11  continue in force and  effect  as  rules,  regulations,  acts,  determi-
    12  nations,  orders  and  decisions  of the authority and corporation until
    13  duly modified or abrogated by such authority [and] or corporation.
    14    4. Any business or  other  matters  undertaken  or  commenced  by  the
    15  [commissioner  of  transportation  or  the department of transportation]
    16  thruway authority,  including  executed  contracts,  permits  and  other
    17  agreements,  but  excluding  bonds,  notes or other evidences of indebt-
    18  edness, pertaining to or connected with the [functions,] powers,  [obli-
    19  gations  and]  duties and obligations transferred pursuant to this arti-
    20  cle, and in effect on the effective date [hereof]  of  the  transfer  of
    21  such matters from the thruway authority to the authority provided for in
    22  this article, shall, except as otherwise agreed by the authority and the
    23  thruway  authority,  be conducted and completed by the authority through
    24  the corporation in the same manner and under the same terms  and  condi-
    25  tions  and  with  the  same  effect as if conducted and completed by the
    26  [commissioner of transportation or  the  department  of  transportation]
    27  thruway  authority,  provided  that nothing in this subdivision shall be
    28  deemed to require the authority to take any  action  in  a  manner  that
    29  would in its judgment be inconsistent with the provisions of any bond or
    30  note  resolution  or any other contract with the holders of the authori-
    31  ty's bonds, notes or other obligations.
    32    5. No existing rights  or  remedies  of  the  state,  [including  the]
    33  authority,  thruway  authority,  or  canal  corporation  shall  be lost,
    34  impaired or affected by reason of this article.
    35    § 18. Subdivision 6 of section 6 of the canal law, as added by chapter
    36  766 of the laws of 1992, paragraph (b) as amended by chapter 335 of  the
    37  laws  of  2001,  is  amended and a new subdivision 7 is added to read as
    38  follows:
    39    6. (a) No action or proceeding pending on the effective date of  [this
    40  article,]  the transfer of powers, duties and obligations from the thru-
    41  way authority to the authority brought by or against the thruway author-
    42  ity, the commissioner  of  transportation  [or],  the  corporation,  the
    43  department  of transportation or the authority shall be affected by this
    44  article. Any liability arising out of  any  act  or  omission  occurring
    45  prior  to the effective date of the transfer of the powers [and], duties
    46  [authorized herein] and obligations from the thruway  authority  to  the
    47  authority,  of the officers, employees or agents of the thruway authori-
    48  ty, the department of transportation, or any other agency of the  state,
    49  other  than  the  authority,  in the performance of their obligations or
    50  duties under the canal law, any other law of the state  or  any  federal
    51  law,  or pursuant to a contract entered into prior to the effective date
    52  of such transfer, shall remain a liability of the thruway authority, the
    53  department of transportation or such other agency of the state  and  not
    54  of the authority.
    55    (b)  Notwithstanding  any provision to the contrary contained in para-
    56  graph (a) of this subdivision, the state shall indemnify and hold  harm-

        S. 6406--C                         124                        A. 9006--C
 
     1  less  the thruway authority [and], the corporation and the authority for
     2  any and all claims, damages, or liabilities, whether or  not  caused  by
     3  negligence, including civil and criminal fines, arising out of or relat-
     4  ing  to  any  generation, processing, handling, transportation, storage,
     5  treatment, or disposal of solid or hazardous wastes in the canal  system
     6  by any person or entity other than the thruway authority or the authori-
     7  ty  occurring prior to [the effective date of the transfer of powers and
     8  duties authorized herein] August  third,  nineteen  hundred  ninety-two.
     9  Such  indemnification  shall extend to, without limitation, any releases
    10  into land, water or air,  including  but  not  limited  to  releases  as
    11  defined  under  the federal comprehensive environmental response compen-
    12  sation and liability act of nineteen hundred eighty, occurring or exist-
    13  ing prior to [the effective date of this section] August third, nineteen
    14  hundred ninety-two; provided that the thruway authority, the corporation
    15  and the authority shall cooperate in the investigation  and  remediation
    16  of hazardous waste and other environmental problems.
    17    (c)  Notwithstanding  any provision to the contrary contained in para-
    18  graph (a) of this subdivision, the thruway authority shall indemnify and
    19  hold harmless the corporation and the authority for any and all  claims,
    20  damages,  or liabilities, whether or not caused by negligence, including
    21  civil and criminal fines, arising out of or relating to any  generation,
    22  processing, handling, transportation, storage, treatment, or disposal of
    23  solid  or  hazardous  wastes in the canal system by any person or entity
    24  other than the authority occurring after August third, nineteen  hundred
    25  ninety-two  and  no  later  than  the  effective date of the transfer of
    26  powers, duties and obligations from the thruway authority to the author-
    27  ity. Such indemnification  shall  extend  to,  without  limitation,  any
    28  releases  into land, water or air, including but not limited to releases
    29  as  defined  under  the  federal  comprehensive  environmental  response
    30  compensation  and liability act of nineteen hundred eighty, occurring or
    31  existing prior to the effective date of the transfer of  powers,  duties
    32  and  obligations  from  the thruway authority to the authority; provided
    33  that the corporation and the authority shall cooperate in  the  investi-
    34  gation  and remediation of hazardous waste and other environmental prob-
    35  lems.
    36    (d) Except as otherwise provided in this chapter, the thruway authori-
    37  ty shall retain all liabilities, whether or not  caused  by  negligence,
    38  arising out of any acts or omissions occurring on or after August third,
    39  nineteen  hundred  ninety-two, in connection with its powers, duties and
    40  obligations with respect to the corporation. The authority and the state
    41  shall not be held liable in connection with any liabilities arising  out
    42  of such acts or omissions.
    43    7. Notwithstanding any provision of law to the contrary, in connection
    44  with  the  transfer  of jurisdiction of the corporation to the authority
    45  and the assumption of management of  the  corporation  as  a  subsidiary
    46  corporation  of the authority pursuant to the chapter of the laws of two
    47  thousand sixteen which added this  subdivision,  the  thruway  authority
    48  shall  have the power to fulfill any existing agreements or obligations,
    49  make any agreements, receive, retain or pay any funds, deemed  necessary
    50  and  in  the  public interest to effectuate the provisions and intent of
    51  this chapter, including but not limited to, the entering into any agree-
    52  ments with the corporation, the authority and any other federal,  state,
    53  municipal or other entities, and to receive funds from the federal emer-
    54  gency management agency or the state, to fulfill the thruway authority's
    55  existing  financial  or  other obligations arising from its jurisdiction
    56  over the canal system and the corporation.

        S. 6406--C                         125                        A. 9006--C
 
     1    § 19. Subdivisions 2 and 5 of section 92-u of the state  finance  law,
     2  subdivision  2 as added by chapter 766 of the laws of 1992, and subdivi-
     3  sion 5 as amended by chapter 483 of the laws of  1996,  are  amended  to
     4  read as follows:
     5    2. Such fund shall consist of all revenues received from the operation
     6  of  the  New York state canal system as defined in section three hundred
     7  fifty-one of the public authorities law and section  two  of  the  canal
     8  law,  including payments on leases for use of canal lands, terminals and
     9  terminal lands,  tolls  received  for  lock  and  lift  bridge  passage,
    10  payments  for  hydroelectric  easements and sales, for purchase of other
    11  abandoned canal lands, payments for any permits and leases  for  use  of
    12  the  water and lands of the system and payments for use of dry docks and
    13  other moneys made available to the fund from any other source other than
    14  a grant, loan or other inter-corporate transfer of  funds  of  the  [New
    15  York  state thruway authority] power authority of the state of New York,
    16  and any income earned by, or incremental to, the fund due to  investment
    17  thereof, or any repayment of any moneys advanced by the fund.
    18    5.  Moneys  of  the  fund, following appropriation by the legislature,
    19  shall be available to the  [New  York  state  thruway  authority]  power
    20  authority of the state of New York and shall be expended by such author-
    21  ity  or  [subsidiary corporation thereof] the canal corporation only for
    22  the maintenance, construction, reconstruction, development or  promotion
    23  of  the  canal  system[;  provided,  however, that in the initial years,
    24  expenditures of moneys of the fund for the development and/or  promotion
    25  of  the  canal  system  shall be accorded a priority by the authority or
    26  subsidiary corporation thereof]. In addition, moneys of the fund may  be
    27  used  for  the purposes of interpretive signage and promotion for appro-
    28  priate historically significant Erie  canal  lands  and  related  sites.
    29  Moneys shall be paid out of the fund by the state comptroller on certif-
    30  icates issued by the director of the budget.
    31    §  20. Notwithstanding any other provision of law, the power authority
    32  of the state of New York ("power authority"),  New  York  state  thruway
    33  authority  and  New  York state canal corporation ("canal corporation"),
    34  and any other state or  municipal  agency,  department,  office,  board,
    35  division, commission, public authority or public benefit corporation may
    36  enter into such agreements and understandings relating to the transition
    37  of  the  canal  corporation  to  its status as a subsidiary of the power
    38  authority and for the administration, maintenance and operation  of  the
    39  canal  corporation  and  the  canal system as they may deem necessary or
    40  desirable.
    41    § 21. Section 1005 of the public authorities law is amended by  adding
    42  a new subdivision 25 to read as follows:
    43    25.  Notwithstanding  any  other  provision  of  law, to accept gifts,
    44  grants, loans, or contributions of funds or property in  any  form  from
    45  the  federal  government or any agency or instrumentally thereof or from
    46  the state or any other source  (collectively,  "resources"),  and  enter
    47  into  contracts  or  other transactions regarding such resources, and to
    48  use such resources for any of its corporate purposes.
    49    § 22. The public authorities law is amended by adding  a  new  section
    50  1005-b to read as follows:
    51    §  1005-b.  New  York  state  canal corporation. 1. The public benefit
    52  corporation known as the "New York state canal corporation" (hereinafter
    53  referred to as the "canal corporation") created as a  subsidiary  corpo-
    54  ration of the New York state thruway authority pursuant to chapter seven
    55  hundred  sixty-six  of the laws of nineteen hundred ninety-two is hereby
    56  continued and reconstituted as a subsidiary corporation of the authority

        S. 6406--C                         126                        A. 9006--C
 
     1  and shall have only the power to operate,  maintain,  construct,  recon-
     2  struct,  improve, develop, finance, and promote all of the canals, canal
     3  lands, feeder canals, reservoirs, canal terminals, canal terminal  lands
     4  and  other  property  under  the  jurisdiction  of the canal corporation
     5  pursuant to article one-A of the canal law (hereinafter referred  to  as
     6  the "canal system"). Reference in any provision of law, general, special
     7  or  local,  or  in  any rule, regulation or public document to the canal
     8  corporation or the canal corporation as a subsidiary  of  the  New  York
     9  state  thruway authority shall be deemed to be and construed as a refer-
    10  ence to the canal corporation continued by this section.
    11    2. The management and administration of the canal corporation shall be
    12  an additional corporate purpose of the authority. To the extent that the
    13  trustees deem it feasible and advisable, the authority may  transfer  to
    14  the  canal  corporation any moneys, real, personal, or mixed property or
    15  any personnel in order to  carry  out  the  purposes  of  this  section,
    16  provided  that  nothing  in  this section shall be deemed to require the
    17  authority to apply any moneys, revenues  or  property  or  to  take  any
    18  action in a manner that would be inconsistent with the provisions of any
    19  bond  or  note  resolution or any other contract with the holders of the
    20  authority's bonds, notes or other obligations.
    21    3. The canal corporation and  any  of  its  property,  functions,  and
    22  activities  shall have all of the privileges, immunities, tax exemptions
    23  and other exemptions of the authority and of the  authority's  property,
    24  functions, and activities. The canal corporation shall be subject to the
    25  restrictions  and limitations to which the authority may be subject. The
    26  canal corporation may delegate to one or more of  its  members,  or  its
    27  officers,  agents  and  employees, such duties and powers as it may deem
    28  proper.
    29    4. Exclusive jurisdiction is conferred upon the  court  of  claims  to
    30  hear  and  determine  the  claims of any person against the canal corpo-
    31  ration (a) for its tortious acts and those of its agents,  and  (b)  for
    32  breach of a contract, relating to construction, reconstruction, improve-
    33  ment,  maintenance  or  operation,  in the same manner and to the extent
    34  provided by and subject to the provisions of the  court  of  claims  act
    35  with  respect to claims against the state, and to make awards and render
    36  judgments therefor.  All awards and judgments arising from  such  claims
    37  shall be paid out of moneys of the canal corporation.
    38    5.  The  members  of  the  canal corporation shall be the same persons
    39  holding the offices of trustees of the authority.
    40    6. No officer or member of the canal  corporation  shall  receive  any
    41  additional   compensation,   either   direct  or  indirect,  other  than
    42  reimbursement for actual and necessary expenses incurred in the perform-
    43  ance of his or her duties, by reason of his or her serving as a  member,
    44  director, or trustee of the canal corporation.
    45    7.  The  employees  of the canal corporation shall not be deemed to be
    46  employees of the authority by reason of their employment  by  the  canal
    47  corporation.  All  officers and employees of the canal corporation shall
    48  be subject to the provisions of the civil service law which shall  apply
    49  to  the  canal  corporation and such corporation shall be subject to the
    50  jurisdiction of the New York state department of civil service  and  the
    51  New  York  state  civil service commission.  The canal corporation shall
    52  participate in the  New  York  state  and  local  employees'  retirement
    53  system.  Nothing  contained  in  a  chapter  of the laws of two thousand
    54  sixteen that added this section shall be construed to affect the  rights
    55  and  privileges  of  the canal corporation or any of its employees under
    56  any provisions of the civil service  law  or  any  existing  or  expired

        S. 6406--C                         127                        A. 9006--C
 
     1  collective  bargaining  agreement  in effect as of the effective date of
     2  transfer of the canal corporation from  the  thruway  authority  to  the
     3  authority.    Any  such  employee who at the time of such transfer shall
     4  have  been in a negotiating unit represented by an employee organization
     5  which was certified or recognized pursuant to article  fourteen  of  the
     6  civil  service  law  shall  continue  to be represented by said employee
     7  organization. There shall be no reduction of staff,  loss  of  position,
     8  including  partial  displacement, such as reduction in the hours of non-
     9  overtime, wages, or employment benefits as a result of the  transfer  of
    10  the  canal  corporation  from the thruway authority to the authority for
    11  twenty-four months following such transfer.
    12    8. The fiscal year of the canal corporation shall be the same  as  the
    13  fiscal year for the authority.
    14    9. The canal corporation shall have the power to:
    15    (a)  operate,  maintain,  construct,  reconstruct,  improve,  develop,
    16  finance, and promote the canal system;
    17    (b) sue and be sued;
    18    (c) have a seal and alter the same at pleasure;
    19    (d) make and alter by-laws for its organization and  internal  manage-
    20  ment  and  make  rules and regulations governing the use of its property
    21  and facilities;
    22    (e) appoint officers and employees and fix their compensation;
    23    (f) make and execute contracts and all other instruments necessary  or
    24  convenient for the exercise of its powers and functions under this chap-
    25  ter;
    26    (g)  acquire,  hold,  and dispose of real or personal property for its
    27  corporate purposes;
    28    (h) engage the services of private consultants on a contract basis for
    29  rendering professional and technical assistance and advice;
    30    (i) procure insurance against any loss in connection with  its  activ-
    31  ities, properties, and other assets, in such amount and from such insur-
    32  ers as it deems desirable;
    33    (j)  invest  any  funds  of the canal corporation, or any other monies
    34  under its  custody  and  control  not  required  for  immediate  use  or
    35  disbursement, at the discretion of the canal corporation, in obligations
    36  of  the state or the United States government or obligations the princi-
    37  pal and interest of which are guaranteed by  the  state  or  the  United
    38  States  government, or in any other obligations in which the comptroller
    39  of the state is authorized to invest pursuant to section  ninety-eight-a
    40  of the state finance law;
    41    (k)  exercise those powers and duties of the authority delegated to it
    42  by the authority;
    43    (l) prepare and submit a capital program plan pursuant to section  ten
    44  of the canal law;
    45    (m)  approve and implement the New York state canal recreationway plan
    46  submitted pursuant to section one hundred thirty-eight-c  of  the  canal
    47  law.  The  canal  corporation's review and approval of the canal recrea-
    48  tionway plan shall be based upon its consideration of a generic environ-
    49  mental impact statement prepared by the canal corporation in  accordance
    50  with  article  eight of the environmental conservation law and the regu-
    51  lations thereunder. Prior  to  the  implementation  of  any  substantial
    52  improvement by the canal corporation on canal lands, canal terminals, or
    53  canal  terminal  lands, or the lease of canal lands, canal terminals, or
    54  canal terminal lands for substantial commercial improvement,  the  canal
    55  corporation,  in  addition to any review taken pursuant to section 14.09
    56  of the parks, recreation and historic preservation law, shall conduct  a

        S. 6406--C                         128                        A. 9006--C
 
     1  reconnaissance  level survey within three thousand feet of such lands to
     2  be improved of the type, location, and significance of  historic  build-
     3  ings,  sites, and districts listed on, or which may be eligible, for the
     4  state  or  national  registers  of historic places. The findings of such
     5  survey shall be used to identify significant historical resources and to
     6  determine whether the proposed improvements  are  compatible  with  such
     7  historic buildings, sites, and districts;
     8    (n)  enter on any lands, waters, or premises for the purpose of making
     9  borings, soundings, and surveys;
    10    (o) accept any gifts or any grant of funds or property from the feder-
    11  al government or from the state or any other  federal  or  state  public
    12  body or political subdivision or any other person and to comply with the
    13  terms and conditions thereof; and
    14    (p) waive any fee for a work permit which it has the power to issue if
    15  in  its  discretion  the project which is subject to a work permit would
    16  add value to canal lands without any cost to the canal corporation,  the
    17  authority, or the state.
    18    10.  (a) The canal corporation shall review the budget request submit-
    19  ted by the  canal  recreationway  commission  pursuant  to  section  one
    20  hundred thirty-eight-b of the canal law.
    21    (b) The canal corporation, on or before the fifteenth day of September
    22  of  each  year, shall submit to the director of the budget a request for
    23  the expenditure of funds available from the New York state canal  system
    24  development  fund  pursuant to section ninety-two-u of the state finance
    25  law or available from any other non-federal  sources  appropriated  from
    26  the state treasury.
    27    (c)  In  the event that the request submitted by the canal corporation
    28  to the director of the budget differs from the request submitted by  the
    29  commission  to  the canal corporation, then the request submitted by the
    30  canal corporation to the  director  of  the  budget  shall  specify  the
    31  differences and shall set forth the reasons for such differences.
    32    11.  The  canal  corporation  shall not have the power to issue bonds,
    33  notes, or other evidences of indebtedness; provided that notwithstanding
    34  the foregoing, the canal corporation may agree to repay amounts advanced
    35  to the canal corporation by the authority and to evidence such agreement
    36  by delivery of a promissory note or notes to the authority.
    37    12. The canal corporation may do  any  and  all  things  necessary  or
    38  convenient  to  carry  out  and exercise the powers given and granted by
    39  this section.
    40    13. The authority and all other state officers,  departments,  boards,
    41  divisions,  commissions,  public  authorities, and public benefit corpo-
    42  rations may render such services to the canal corporation  within  their
    43  respective functions as may be requested by the canal corporation.
    44    14.  Whenever  any  state political subdivision, municipality, commis-
    45  sion, agency, officer, department, board, division, or person is author-
    46  ized and empowered for any of the purposes of this  title  to  cooperate
    47  and  enter  into  agreements  with  the  authority, such state political
    48  subdivision,  municipality,  commission,  agency,  officer,  department,
    49  board,  division,  or person shall have the same authorization and power
    50  for any such purposes to cooperate and enter into  agreements  with  the
    51  canal corporation.
    52    §  23.  The  public authorities law is amended by adding a new section
    53  1005-c to read as follows:
    54    § 1005-c. Additional  powers  of  the  authority  to  finance  certain
    55  projects  in connection with the New York state canal system. 1. (a) The
    56  authority is hereby authorized, as an additional corporate purpose ther-

        S. 6406--C                         129                        A. 9006--C

     1  eof, to issue its bonds, notes and other evidences  of  indebtedness  in
     2  conformity with applicable provisions of the uniform commercial code for
     3  purposes  of financing the construction, reconstruction, development and
     4  improvement of the New York state canal system.
     5    (b)  The  authority shall issue any such bonds, notes, or evidences of
     6  indebtedness pursuant to paragraph (a) of this subdivision  on  a  basis
     7  subordinate  in  lien  and priority of payment to the authority's senior
     8  lien indebtedness as the authority shall provide by resolution.
     9    2. All of the provisions of this title relating to  bonds,  notes  and
    10  other  evidence  of  indebtedness,  which are not inconsistent with this
    11  section, shall apply to obligations authorized by this section,  includ-
    12  ing  but  not  limited  to the power to issue renewal notes or refunding
    13  bonds thereof.
    14    3. Subject to agreements with noteholders or bondholders, the authori-
    15  ty shall have the authority to fix and collect such  fees,  rentals  and
    16  charges for the use of the canal system or any part thereof necessary or
    17  convenient,  with  an  adequate  margin of safety, to produce sufficient
    18  revenue to meet the expense of maintenance and operation and to  fulfill
    19  the terms of any agreements made with the holders of its notes or bonds,
    20  and to establish the rights and privileges granted upon payment thereof;
    21  provided,  however,  that  tolls  may  only  be  imposed for the passage
    22  through locks and lift bridges by vessels which are propelled  in  whole
    23  or in part by mechanical power.
    24    § 24. Paragraph (i) of subdivision 1 of section 19 of the public offi-
    25  cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a
    26  new paragraph (j) is added to read as follows:
    27    (j)  For  purposes  of this section, the term "employee" shall include
    28  directors, officers and employees of  the  thruway  authority,  and  the
    29  directors,  officers  and  employees  of the canal corporation. In those
    30  cases where the definition of the term "employee" provided in this para-
    31  graph is applicable, the term "state", as utilized in subdivisions  two,
    32  three,  and  four of this section, shall mean the thruway authority when
    33  the employee is a director, officer, or employee of the thruway authori-
    34  ty, or the canal corporation, when the employee is a director,  officer,
    35  or employee of the canal corporation.
    36    §  25. Subdivisions 9 and 10 of section 481 of the transportation law,
    37  as added by section 1 of part A of chapter 60 of the laws of  2005,  are
    38  amended to read as follows:
    39    9. "Canal corporation" shall mean the New York state canal corporation
    40  created  [pursuant  to section three hundred eighty-two] as a subsidiary
    41  corporation of the New York state thruway authority pursuant to  chapter
    42  seven  hundred  sixty-six of the laws of nineteen hundred ninety-two and
    43  continued and reconstituted as a subsidiary  corporation  of  the  power
    44  authority  of  the  state  of  New  York  pursuant to subdivision one of
    45  section one thousand five-b of the public authorities law.
    46    10. "Canal system" shall mean the "New York state canal  system"[,  as
    47  such  term is defined by subdivision ten of section three hundred fifty-
    48  one of the public authorities law] shall mean all of the  canals,  canal
    49  lands,  feeder canals, reservoirs, canal terminals, canal terminal lands
    50  and other property under the jurisdiction of the  canal  corporation  of
    51  the state of New York pursuant to article one-A of the canal law.
    52    § 26. Section 33.01 of the parks, recreation and historic preservation
    53  law,  as  amended by chapter 317 of the laws of 2009, is amended to read
    54  as follows:
    55    § 33.01 New York state heritage areas advisory  council.  There  shall
    56  continue  to  be  in the office a New York state heritage areas advisory

        S. 6406--C                         130                        A. 9006--C
 
     1  council which shall consist of twenty-six members  or  their  designated
     2  representatives.  The  commissioner  shall  be  a member of the advisory
     3  council. In addition, the advisory council shall consist of the  follow-
     4  ing twenty-five other members: the commissioner of economic development,
     5  to  advise and assist regarding related tourism and economic revitaliza-
     6  tion; the commissioner of education, to advise and assist regarding  the
     7  interpretive  and  educational aspects of the programs; the secretary of
     8  state, to advise and assist regarding matters of  community  development
     9  and  state planning and to advise on the identification and preservation
    10  of rural resources; the commissioner of transportation,  to  advise  and
    11  assist regarding matters of transportation to and within heritage areas;
    12  the  president  of  the New York state urban development corporation, to
    13  advise and assist regarding matters of economic development; the commis-
    14  sioner of environmental conservation, to  advise  and  assist  regarding
    15  matters  of  conservation  and use of natural resources; the chairman of
    16  the state board for historic  preservation,  to  advise  and  assist  in
    17  matters regarding historic preservation; the commissioner of housing and
    18  community renewal to advise and assist regarding neighborhood and commu-
    19  nity  development  and  preservation  programs; the [chairman of the New
    20  York state thruway authority] president and chief executive  officer  of
    21  the  power authority of the state of New York regarding the operation of
    22  the New York state canal system; the  commissioner  of  agriculture  and
    23  markets regarding agriculture in heritage areas; a representative of the
    24  State Heritage Area Association; the director or chief executive officer
    25  of  the  Hudson River National Heritage Area, the Erie Canalway National
    26  Heritage Corridor, the Champlain Valley  National  Heritage  Partnership
    27  and  the  Niagara  Falls  National  Heritage Area; and ten members to be
    28  appointed by the governor, three of  such  members  shall  be  municipal
    29  officers,  elected  officials  or  representatives  of  local government
    30  interest and seven of such members shall be, by professional training or
    31  experience or attainment, qualified  to  analyze  or  interpret  matters
    32  relevant to the establishment and maintenance of state designated herit-
    33  age  areas including urban cultural parks and heritage corridors, one of
    34  whom shall be the director of a heritage area. Of these last seven,  two
    35  are to be appointed from names recommended by the majority leader of the
    36  senate, two are to be appointed from names recommended by the speaker of
    37  the  assembly,  one  is  to  be  appointed from names recommended by the
    38  minority leader of the senate and one is  to  be  appointed  from  names
    39  recommended  by  the  minority leader of the assembly.  The governor may
    40  designate such ex-officio  members  who  shall  be  from  the  executive
    41  department,  state  agencies  or  public corporations as he or she deems
    42  appropriate; provided that such ex-officio members  shall  not  vote  on
    43  matters  before  the  advisory council. For the ten members appointed by
    44  the governor, each shall hold office for a term of five years and  until
    45  his  or her successor shall have been appointed or until he or she shall
    46  resign. The members of the advisory council shall  elect  a  chair  from
    47  amongst  its  members  for  a term of three years. Eleven members of the
    48  advisory council shall constitute a quorum for the  transaction  of  any
    49  business at both regular and special meetings. Any ex-officio member may
    50  delegate  all  his or her duties of membership, including voting rights,
    51  to an officer or employee of such member's organization. No member shall
    52  receive any compensation.
    53    § 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the  parks,
    54  recreation  and  historic preservation law, as amended by chapter 666 of
    55  the laws of 1994, is amended to read as follows:

        S. 6406--C                         131                        A. 9006--C
 
     1    (h-1) [Chairman of the New York state thruway authority] President and
     2  chief executive officer of the power authority of the state of New  York
     3  regarding [its] operation of the New York state canal system;
     4    §  28. Notwithstanding any other provision of law, the power authority
     5  of the state of New York (power authority) and the New York state  thru-
     6  way authority (thruway authority) are hereby authorized to enter into an
     7  agreement,  effective  April  1, 2016, whereby the power authority shall
     8  reimburse the thruway authority, monthly, for any and all operating  and
     9  capital  costs,  expended by the thruway authority for the operation and
    10  maintenance of the New York state canal system (canal system),  and  the
    11  operation  of  the New York state canal corporation (canal corporation),
    12  for the period of April 1, 2016 through January  1,  2017.  The  thruway
    13  authority shall provide the power authority with a monthly report of all
    14  expenditures  related to the canal corporation and the canal system, and
    15  provide access to all necessary  financial  records  to  carry  out  the
    16  intent of this section.
    17    §  29.  This act, being necessary for the welfare of the state and its
    18  inhabitants, shall be liberally construed to effect the purposes  there-
    19  of.
    20    § 30. (a) The power authority shall prepare an implementation plan for
    21  the  transfer of the canal corporation from the thruway authority to the
    22  power authority pursuant to a chapter of the laws  of  2016  enacted  no
    23  later  than  July  1,  2016.  Such  implementation  plan shall include a
    24  requirement that the rights and privileges of all employees under exist-
    25  ing collective bargaining agreements shall not be adversely impacted  at
    26  the  time  of  transfer,  a  report on the status of relevant collective
    27  bargaining agreements and the preservation and maintenance  of  economic
    28  development  programs  and projects funded by the power authority, along
    29  with its ability to continue to effectuate its core mission to power the
    30  economic growth and competitiveness  of  New  York  state  by  providing
    31  customers with low-cost, clean, reliable power and the innovative energy
    32  infrastructure and services they value.
    33    (b)  In  the event of a failure to enact such a chapter of the laws of
    34  2016, the power authority shall prepare an implementation plan  for  the
    35  transfer  of  the    canal corporation from the thruway authority to the
    36  power authority, in consultation with the  temporary  president  of  the
    37  senate and the speaker of the assembly and with approval of the director
    38  of  the division of budget, and submit such plan to the governor and the
    39  legislature no later than October  1,  2016.  Such  implementation  plan
    40  shall  include  a  requirement  that  the  rights  and privileges of all
    41  employees under existing collective bargaining agreements shall  not  be
    42  adversely  impacted  at  the time of transfer, a report on the status of
    43  relevant collective bargaining agreements and the preservation and main-
    44  tenance of economic development programs  and  projects  funded  by  the
    45  power  authority,  along  with its ability to continue to effectuate its
    46  core mission to power the economic growth  and  competitiveness  of  New
    47  York  state  by providing customers with low-cost, clean, reliable power
    48  and the innovative energy infrastructure and services they value.
    49    § 31. This act shall take effect on January 1, 2017; provided,  howev-
    50  er,  that  sections  five and twenty-eight of this act shall take effect
    51  immediately.
 
    52                                   PART UU
 
    53    Section 1. The state comptroller is hereby authorized and directed  to
    54  loan  money in accordance with the provisions set forth in subdivision 5

        S. 6406--C                         132                        A. 9006--C
 
     1  of section 4 of the state finance law  to  the  following  funds  and/or
     2  accounts:
     3    1. Proprietary vocational school supervision account (20452).
     4    2. Local government records management account (20501).
     5    3. Child health plus program account (20810).
     6    4. EPIC premium account (20818).
     7    5. Education - New (20901).
     8    6. VLT - Sound basic education fund (20904).
     9    7.   Sewage  treatment  program  management  and  administration  fund
    10  (21000).
    11    8. Hazardous bulk storage account (21061).
    12    9. Federal grants indirect cost recovery account (21065).
    13    10. Low level radioactive waste account (21066).
    14    11. Recreation account (21067).
    15    12. Public safety recovery account (21077).
    16    13. Environmental regulatory account (21081).
    17    14. Natural resource account (21082).
    18    15. Mined land reclamation program account (21084).
    19    16. Great lakes restoration initiative account (21087).
    20    17. Environmental protection and oil spill compensation fund (21200).
    21    18. Public transportation systems account (21401).
    22    19. Metropolitan mass transportation (21402).
    23    20. Operating permit program account (21451).
    24    21. Mobile source account (21452).
    25    22.  Statewide  planning  and  research  cooperative  system   account
    26  (21902).
    27    23. New York state thruway authority account (21905).
    28    24. Mental hygiene program fund account (21907).
    29    25. Mental hygiene patient income account (21909).
    30    26. Financial control board account (21911).
    31    27. Regulation of racing account (21912).
    32    28. New York Metropolitan Transportation Council account (21913).
    33    29. State university dormitory income reimbursable account (21937).
    34    30. Criminal justice improvement account (21945).
    35    31. Environmental laboratory reference fee account (21959).
    36    32. Clinical laboratory reference system assessment account (21962).
    37    33. Indirect cost recovery account (21978).
    38    34. High school equivalency program account (21979).
    39    35. Multi-agency training account (21989).
    40    36.  Interstate  reciprocity  for  post-secondary  distance  education
    41  account.
    42    37. Bell jar collection account (22003).
    43    38. Industry and utility service account (22004).
    44    39. Real property disposition account (22006).
    45    40. Parking account (22007).
    46    41. Asbestos safety training program account (22009).
    47    42. Batavia school for the blind account (22032).
    48    43. Investment services account (22034).
    49    44. Surplus property account (22036).
    50    45. Financial oversight account (22039).
    51    46. Regulation of Indian gaming account (22046).
    52    47. Rome school for the deaf account (22053).
    53    48. Seized assets account (22054).
    54    49. Administrative adjudication account (22055).
    55    50. Federal salary sharing account (22056).
    56    51. New York City assessment account (22062).

        S. 6406--C                         133                        A. 9006--C
 
     1    52. Cultural education account (22063).
     2    53. Local services account (22078).
     3    54. DHCR mortgage servicing account (22085).
     4    55. Department of motor vehicles compulsory insurance account (22087).
     5    56. Housing indirect cost recovery account (22090).
     6    57. DHCR-HCA application fee account (22100).
     7    58. Low income housing monitoring account (22130).
     8    59. Corporation administration account (22135).
     9    60. Montrose veteran's home account (22144).
    10    61. Deferred compensation administration account (22151).
    11    62. Rent revenue other New York City account (22156).
    12    63. Rent revenue account (22158).
    13    64. Tax revenue arrearage account (22168).
    14    65. Highway use tax administration account.
    15    66. State university general income offset account (22654).
    16    67. Lake George park trust fund account (22751).
    17    68. State police motor vehicle law enforcement account (22802).
    18    69. Highway safety program account (23001).
    19    70. EFC drinking water program account (23101).
    20    71. DOH drinking water program account (23102).
    21    72. NYCCC operating offset account (23151).
    22    73. Commercial gaming revenue account (23701).
    23    74. Commercial gaming regulation account (23702).
    24    75. Highway and bridge capital account (30051).
    25    76. State university residence hall rehabilitation fund (30100).
    26    77. State parks infrastructure account (30351).
    27    78. Clean water/clean air implementation fund (30500).
    28    79. Hazardous waste remedial cleanup account (31506).
    29    80. Youth facilities improvement account (31701).
    30    81. Housing assistance fund (31800).
    31    82. Housing program fund (31850).
    32    83. Highway facility purpose account (31951).
    33    84. Information technology capital financing account (32215).
    34    85. New York racing account (32213).
    35    86. Mental hygiene facilities capital improvement fund (32300).
    36    87. Correctional facilities capital improvement fund (32350).
    37    88. New York State Storm Recovery Capital Fund (33000).
    38    89. OGS convention center account (50318).
    39    90. Empire Plaza Gift Shop (50327)
    40    91. Centralized services fund (55000).
    41    92. Archives records management account (55052).
    42    93. Federal single audit account (55053).
    43    94. Civil service EHS occupational health program account (55056).
    44    95. Banking services account (55057).
    45    96. Cultural resources survey account (55058).
    46    97. Automation & printing chargeback account (55060).
    47    98. OFT NYT account (55061).
    48    99. Data center account (55062).
    49    100. Intrusion detection account (55066).
    50    101. Domestic violence grant account (55067).
    51    102. Centralized technology services account (55069).
    52    103. Labor contact center account (55071).
    53    104. Human services contact center account (55072).
    54    105. Tax contact center account (55073).
    55    106. Executive direction internal audit account (55251).
    56    107. CIO Information technology centralized services account (55252).

        S. 6406--C                         134                        A. 9006--C
 
     1    108. Health insurance internal service account (55300).
     2    109.  Civil  service employee benefits division administrative account
     3  (55301).
     4    110. Correctional industries revolving fund (55350).
     5    111. Employees health insurance account (60201).
     6    112. Medicaid management information system escrow fund (60900).
     7    § 1-a. The state comptroller is hereby authorized and directed to loan
     8  money in accordance with the provisions set forth in  subdivision  5  of
     9  section  4  of the state finance law to any account within the following
    10  federal funds, provided the comptroller has made  a  determination  that
    11  sufficient  federal grant award authority is available to reimburse such
    12  loans:
    13    1. Federal USDA-food and nutrition services fund (25000).
    14    2. Federal health and human services fund (25100).
    15    3. Federal education fund (25200).
    16    4. Federal block grant fund (25250).
    17    5. Federal miscellaneous operating grants fund (25300).
    18    6. Federal unemployment insurance administration fund (25900).
    19    7. Federal unemployment insurance occupational training fund (25950).
    20    8. Federal emergency employment act fund (26000).
    21    9. Federal capital projects fund (31350).
    22    § 2. Notwithstanding any law to the contrary, and in  accordance  with
    23  section 4 of the state finance law, the comptroller is hereby authorized
    24  and directed to transfer, upon request of the director of the budget, on
    25  or before March 31, 2017, and with respect to item 5 under the miscella-
    26  neous  category  set  forth  in  this section, up to and after March 31,
    27  2017, up to the unencumbered balance or the following amounts:
    28    Economic Development and Public Authorities:
    29    1. $175,000 from the miscellaneous special revenue  fund,  underground
    30  facilities safety training account (22172), to the general fund.
    31    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    32  special revenue fund, business and licensing services  account  (21977),
    33  to the general fund.
    34    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    35  enforcement account (21904), to the general fund.
    36    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    37  revenue fund, tax revenue arrearage account (22168).
    38    Education:
    39    1.  $2,360,000,000  from  the  general fund to the state lottery fund,
    40  education account (20901), as reimbursement for disbursements made  from
    41  such  fund for supplemental aid to education pursuant to section 92-c of
    42  the state finance law that are in excess of  the  amounts  deposited  in
    43  such fund for such purposes pursuant to section 1612 of the tax law.
    44    2.  $961,000,000  from the general fund to the state lottery fund, VLT
    45  education account (20904), as reimbursement for disbursements made  from
    46  such  fund for supplemental aid to education pursuant to section 92-c of
    47  the state finance law that are in excess of  the  amounts  deposited  in
    48  such fund for such purposes pursuant to section 1612 of the tax law.
    49    3.  Moneys  from  the  state lottery fund up to an amount deposited in
    50  such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
    51  current year appropriation for supplemental aid to education pursuant to
    52  section 92-c of the state finance law.
    53    4.  Up  to $137,700,000 from the moneys deposited in commercial gaming
    54  revenue account  (23701)  to  the  general  fund  as  reimbursement  for
    55  disbursements  made from the general fund for supplemental aid to educa-
    56  tion during the prior fiscal year due to the unencumbered balance of the

        S. 6406--C                         135                        A. 9006--C
 
     1  commercial gaming revenue account during the  prior  fiscal  year  being
     2  less  than required to fully fund payments of general support for public
     3  schools, pursuant to Chapter 61 of the laws of 2015.
     4    5.  $300,000  from the local government records management improvement
     5  fund (20500) to the archives partnership trust fund (20350).
     6    6. $900,000 from the general fund to the miscellaneous special revenue
     7  fund, Batavia school for the blind account (22032).
     8    7. $900,000 from the general fund to the miscellaneous special revenue
     9  fund, Rome school for the deaf account (22053).
    10    8. $343,400,000  from  the  state  university  dormitory  income  fund
    11  (40350)  to  the  miscellaneous  special  revenue fund, state university
    12  dormitory income reimbursable account (21937).
    13    9. $24,000,000 from any of  the  state  education  department  special
    14  revenue  and internal service funds to the miscellaneous special revenue
    15  fund, indirect cost recovery account (21978).
    16    10. $8,318,000 from the general fund to the  state  university  income
    17  fund,  state  university  income offset account (22654), for the state's
    18  share of repayment of the STIP loan.
    19    11. $40,000,000 from the state university income fund, state universi-
    20  ty hospitals income reimbursable account (22656) to the general fund for
    21  hospital debt service for the period April 1,  2015  through  March  31,
    22  2016.
    23    12.  An  amount  up  to $14,251,000 from the general fund to the state
    24  university  income  fund,  state  university  general  revenue   account
    25  (22653).
    26    Environmental Affairs:
    27    1.  $16,000,000  from any of the department of environmental conserva-
    28  tion's special revenue federal funds to the  environmental  conservation
    29  special revenue fund, federal indirect recovery account (21065).
    30    2.  $2,000,000  from  any of the department of environmental conserva-
    31  tion's special revenue federal funds to the conservation fund as  neces-
    32  sary to avoid diversion of conservation funds.
    33    3. $3,000,000 from any of the office of parks, recreation and historic
    34  preservation  capital projects federal funds and special revenue federal
    35  funds to the miscellaneous special revenue fund, federal grant  indirect
    36  cost recovery account (22188).
    37    4. $1,000,000 from any of the office of parks, recreation and historic
    38  preservation  special revenue federal funds to the miscellaneous special
    39  revenue fund, I love NY water account (21930).
    40    5. $146,000,000 from the general fund to the environmental  protection
    41  fund, environmental protection fund transfer account (30451).
    42    6.  $9,700,000  from  the general fund to the hazardous waste remedial
    43  fund, hazardous waste oversight and assistance account (31505).
    44    Family Assistance:
    45    1. $10,000,000 from any of the office of children and family services,
    46  office of temporary and disability assistance, or department  of  health
    47  special  revenue  federal funds and the general fund, in accordance with
    48  agreements with social services districts, to the miscellaneous  special
    49  revenue  fund, office of human resources development state match account
    50  (21967).
    51    2. $4,000,000 from any of the office of children and  family  services
    52  or office of temporary and disability assistance special revenue federal
    53  funds to the miscellaneous special revenue fund, family preservation and
    54  support services and family violence services account (22082).
    55    3. $18,670,000 from any of the office of children and family services,
    56  office  of  temporary and disability assistance, or department of health

        S. 6406--C                         136                        A. 9006--C
 
     1  special revenue federal  funds  and  any  other  miscellaneous  revenues
     2  generated  from  the operation of office of children and family services
     3  programs to the general fund.
     4    4.  $140,000,000  from  any  of the office of temporary and disability
     5  assistance or department of health special revenue funds to the  general
     6  fund.
     7    5.  $2,500,000  from  any  of  the  office of temporary and disability
     8  assistance special revenue federal funds to  the  miscellaneous  special
     9  revenue  fund,  office  of  temporary  and disability assistance program
    10  account (21980).
    11    6. $21,000,000 from any of the office of children and family services,
    12  office of temporary and disability assistance, department of labor,  and
    13  department  of  health  special  revenue  federal funds to the office of
    14  children and family services miscellaneous special revenue fund,  multi-
    15  agency training contract account (21989).
    16    7.  $65,000,000  from  the  miscellaneous  special revenue fund, youth
    17  facility per diem account (22186), to the general fund.
    18    8. $621,850 from the general fund to the combined gifts,  grants,  and
    19  bequests fund, WB Hoyt Memorial account (20128).
    20    9.  $3,100,000  from  the  miscellaneous  special  revenue fund, state
    21  central registry (22028), to the general fund.
    22    10. $1,000,000 from the general  fund  to  the  housing  program  fund
    23  (31850).
    24    General Government:
    25    1. $1,566,000 from the miscellaneous special revenue fund, examination
    26  and miscellaneous revenue account (22065) to the general fund.
    27    2. $12,500,000 from the general fund to the health insurance revolving
    28  fund (55300).
    29    3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
    30  (60550) to the general fund.
    31    4. $150,000 from the general fund to the not-for-profit revolving loan
    32  fund (20650).
    33    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    34  general fund.
    35    6. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    36  property account (22036), to the general fund.
    37    7.  $19,000,000  from  the miscellaneous special revenue fund, revenue
    38  arrearage account (22024), to the general fund.
    39    8. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
    40  arrearage  account  (22024),  to the miscellaneous special revenue fund,
    41  authority budget office account (22138).
    42    9. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
    43  services  account (22007), to the general fund, for the purpose of reim-
    44  bursing the costs of debt service related to state parking facilities.
    45    10. $21,789,000 from the general  fund  to  the  centralized  services
    46  fund, COPS account (55013).
    47    11.  $2,360,000 from the general fund to the agencies internal service
    48  fund, central technology services account (55069), for  the  purpose  of
    49  enterprise technology projects.
    50    12.  $15,000,000 from the miscellaneous special revenue fund, workers'
    51  compensation account (21995),  to  the  miscellaneous  capital  projects
    52  fund, workers' compensation board IT business process design fund.
    53    Health:
    54    1. $33,710,000 from the miscellaneous special revenue fund, quality of
    55  care account (21915), to the general fund.

        S. 6406--C                         137                        A. 9006--C
 
     1    2.  A transfer from the general fund to the combined gifts, grants and
     2  bequests fund, breast cancer research and education account (20155),  up
     3  to  an  amount  equal  to  the  monies collected and deposited into that
     4  account in the previous fiscal year.
     5    3.  A transfer from the general fund to the combined gifts, grants and
     6  bequests  fund,  prostate  cancer  research,  detection,  and  education
     7  account  (20183),  up  to  an  amount  equal to the moneys collected and
     8  deposited into that account in the previous fiscal year.
     9    4. A transfer from the general fund to the combined gifts, grants  and
    10  bequests  fund,  Alzheimer's  disease  research  and  assistance account
    11  (20143), up to an amount equal to the  moneys  collected  and  deposited
    12  into that account in the previous fiscal year.
    13    5.  $30,295,000  from the HCRA resources fund (20800) to the miscella-
    14  neous special revenue fund, empire state stem cell  trust  fund  account
    15  (22161).
    16    6. $7,000,000 from the miscellaneous special revenue fund, certificate
    17  of  need  account  (21920),  to the miscellaneous capital projects fund,
    18  healthcare IT capital subfund (32216).
    19    7. $1,000,000 from the miscellaneous special  revenue  fund,  adminis-
    20  tration  program  account (21982), to the miscellaneous capital projects
    21  fund, healthcare IT capital account (32216).
    22    8. $1,000,000 from  the  miscellaneous  special  revenue  fund,  vital
    23  records  account  (22103),  to  the miscellaneous capital projects fund,
    24  healthcare IT capital account (32216).
    25    9. $55,500,000 from the HCRA resources fund  (20800)  to  the  capital
    26  projects fund (30000).
    27    10.  $3,700,000  from  the  miscellaneous  New York state agency fund,
    28  medical assistance account to the general fund.
    29    11. $4,886,000 from the general fund to the  medical  marihuana  trust
    30  fund, health operation and oversight account (23755).
    31    12.  $1,086,000  from  the miscellaneous special revenue fund, certif-
    32  icate of need account (21920), to the general fund.
    33    13. $1,000,000 from the miscellaneous special  revenue  fund,  profes-
    34  sional  medical  conduct  account  (22088), to the miscellaneous capital
    35  projects fund, healthcare IT capital account (32216).
    36    Labor:
    37    1. $400,000 from the miscellaneous special revenue fund, DOL  fee  and
    38  penalty account (21923), to the child performer's protection fund, child
    39  performer protection account (20401).
    40    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
    41  penalty account (21923), to the general fund.
    42    3.  $3,300,000  from  the  unemployment insurance interest and penalty
    43  fund,  unemployment  insurance  special  interest  and  penalty  account
    44  (23601), to the general fund.
    45    Mental Hygiene:
    46    1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
    47  hygiene patient income account (21909),  to  the  miscellaneous  special
    48  revenue fund, federal salary sharing account (22056).
    49    2.  $1,950,000,000  from the general fund to the miscellaneous special
    50  revenue fund, mental hygiene patient income account (21909).
    51    3. $1,550,000,000 from the general fund to the  miscellaneous  special
    52  revenue fund, mental hygiene program fund account (21907).
    53    4.  $100,000,000  from  the miscellaneous special revenue fund, mental
    54  hygiene program fund account (21907), to the general fund.
    55    5. $100,000,000 from the miscellaneous special  revenue  fund,  mental
    56  hygiene patient income account (21909), to the general fund.

        S. 6406--C                         138                        A. 9006--C

     1    6.  $3,800,000  from  the  miscellaneous  special revenue fund, mental
     2  hygiene patient income account (21909), to the agencies internal service
     3  fund, civil service EHS occupational health program account (55056).
     4    7.  $5,000,000  from  the  chemical dependence service fund, substance
     5  abuse services  fund  account  (22700),  to  the  miscellaneous  capital
     6  projects fund, chemical dependence service capital account.
     7    Public Protection:
     8    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
     9  management account (21944), to the general fund.
    10    2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
    11  revenue fund, recruitment incentive account (22171).
    12    3.  $10,500,000  from  the general fund to the correctional industries
    13  revolving  fund,  correctional  industries  internal   service   account
    14  (55350).
    15    4.  $3,000,000  from  the federal miscellaneous operating grants fund,
    16  DMNA damage account (25324), to the general fund.
    17    5. $6,300,000 from the  general  fund  to  the  miscellaneous  special
    18  revenue fund, crimes against revenue program account (22015).
    19    6.  $8,600,000  from  the miscellaneous special revenue fund, criminal
    20  justice improvement account (21945), to the general fund.
    21    7. $106,000,000 from the state police motor  vehicle  law  enforcement
    22  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
    23  police motor vehicle enforcement account (22802), to  the  general  fund
    24  for state operation expenses of the division of state police.
    25    8.  $53,500,000  from  the general fund to the correctional facilities
    26  capital improvement fund (32350).
    27    9. $5,000,000 from the general  fund  to  the  dedicated  highway  and
    28  bridge trust fund (30050) for the purpose of work zone safety activities
    29  provided by the division of state police for the department of transpor-
    30  tation.
    31    10. $10,000,000 from the miscellaneous special revenue fund, statewide
    32  public  safety  communications  account (22123), to the capital projects
    33  fund (30000).
    34    11. $2,900,000 from the  miscellaneous  special  revenue  fund,  legal
    35  services assistance account (22096), to the general fund.
    36    12.  $300,000  from the state police motor vehicle law enforcement and
    37  motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
    38  theft and insurance fraud account (22801), to the general fund.
    39    13.  $1,000,000 from the general fund to the agencies internal service
    40  fund, center for employment opportunities NWP account.
    41    Transportation:
    42    1. $17,672,000 from the federal miscellaneous operating grants fund to
    43  the miscellaneous special revenue fund, New York Metropolitan  Transpor-
    44  tation Council account (21913).
    45    2. $20,147,000 from the federal capital projects fund to the miscella-
    46  neous special revenue fund, New York Metropolitan Transportation Council
    47  account (21913).
    48    3.  $1,240,000 from the miscellaneous special revenue fund, compulsory
    49  insurance account (22087), to the dedicated  highway  and  bridge  trust
    50  fund (30050).
    51    4.  $15,046,384 from the general fund to the mass transportation oper-
    52  ating assistance fund, public transportation systems  operating  assist-
    53  ance account (21401), of which $12,000,000 constitutes the base need for
    54  operations.
    55    5.  $810,000,000  from  the  general fund to the dedicated highway and
    56  bridge trust fund (30050).

        S. 6406--C                         139                        A. 9006--C

     1    6. $936,000 from the  miscellaneous  special  revenue  fund,  accident
     2  prevention  course program account (22094), to the dedicated highway and
     3  bridge trust fund (30050).
     4    7.  $1,234,000 from the miscellaneous special revenue fund, motorcycle
     5  safety account (21976), to the dedicated highway and bridge  trust  fund
     6  (30050).
     7    8.  $309,250,000 from the general fund to the MTA financial assistance
     8  fund, mobility tax trust account (23651).
     9    9. $5,000,000 from the miscellaneous special revenue fund, transporta-
    10  tion regulation account (22067) to  the  dedicated  highway  and  bridge
    11  trust  fund  (30050),  for  disbursements  made from such fund for motor
    12  carrier safety that are in excess of the amounts deposited in the  dedi-
    13  cated highway and bridge trust fund (30050) for such purpose pursuant to
    14  section 94 of the transportation law.
    15    10. $34,000 from the miscellaneous special revenue fund, seized assets
    16  account (21906), to the dedicated highway and bridge trust fund (30050).
    17    Miscellaneous:
    18    1. $250,000,000 from the general fund to any funds or accounts for the
    19  purpose of reimbursing certain outstanding accounts receivable balances.
    20    2.  $500,000,000  from  the general fund to the debt reduction reserve
    21  fund (40000).
    22    3. $450,000,000 from the New York state storm  recovery  capital  fund
    23  (33000) to the revenue bond tax fund (40152).
    24    4.  $15,500,000  from  the general fund, community projects account GG
    25  (10256), to the general fund, state purposes account (10050).
    26    5. $1,840,000,000 from the general fund to the  dedicated  infrastruc-
    27  ture investment fund.
    28    §  3.  Notwithstanding any law to the contrary, and in accordance with
    29  section 4 of the state finance law, the comptroller is hereby authorized
    30  and directed to transfer, on or before March 31, 2017:
    31    1. Upon request of the commissioner of environmental conservation,  up
    32  to  $11,410,000 from revenues credited to any of the department of envi-
    33  ronmental conservation special revenue funds, including $3,293,400  from
    34  the  environmental  protection  and oil spill compensation fund (21200),
    35  and $1,783,600 from the conservation fund (21150), to the  environmental
    36  conservation special revenue fund, indirect charges account (21060).
    37    2.  Upon request of the commissioner of agriculture and markets, up to
    38  $3,000,000 from any special revenue fund or enterprise fund  within  the
    39  department of agriculture and markets to the general fund, to pay appro-
    40  priate administrative expenses.
    41    3.  Upon request of the commissioner of agriculture and markets, up to
    42  $2,000,000 from the state exposition special fund, state  fair  receipts
    43  account  (50051)  to the miscellaneous capital projects fund, state fair
    44  capital improvement account (32208).
    45    4. Upon request of the commissioner of the  division  of  housing  and
    46  community  renewal, up to $6,221,000 from revenues credited to any divi-
    47  sion of housing and community renewal federal or  miscellaneous  special
    48  revenue fund to the miscellaneous special revenue fund, housing indirect
    49  cost recovery account (22090).
    50    5.  Upon  request  of  the commissioner of the division of housing and
    51  community renewal, up to $5,500,000 may be transferred from any  miscel-
    52  laneous  special  revenue  fund  account,  to  any miscellaneous special
    53  revenue fund.
    54    6. Upon request of the commissioner of health up  to  $5,000,000  from
    55  revenues  credited  to any of the department of health's special revenue

        S. 6406--C                         140                        A. 9006--C
 
     1  funds, to the miscellaneous special revenue fund, administration account
     2  (21982).
     3    § 4. On or before March 31, 2017, the comptroller is hereby authorized
     4  and  directed  to  deposit  earnings  that would otherwise accrue to the
     5  general fund that are attributable to the operation of section  98-a  of
     6  the  state  finance  law, to the agencies internal service fund, banking
     7  services account (55057), for the purpose  of  meeting  direct  payments
     8  from such account.
     9    §  5.  Notwithstanding  any law to the contrary, upon the direction of
    10  the director of the budget and upon requisition by the state  university
    11  of  New  York,  the  dormitory  authority  of  the  state of New York is
    12  directed to transfer, up to $22,000,000 in revenues generated  from  the
    13  sale  of  notes  or  bonds,  to  the  state  university  of New York for
    14  reimbursement of bondable equipment for further transfer to the  state's
    15  general fund.
    16    §  6.  Notwithstanding any law to the contrary, and in accordance with
    17  section 4 of the state finance law, the comptroller is hereby authorized
    18  and directed to transfer, upon request of the director of the budget and
    19  upon consultation with the state university chancellor  or  his  or  her
    20  designee,  on or before March 31, 2017, up to $16,000,000 from the state
    21  university income fund general revenue  account  (22653)  to  the  state
    22  general  fund for debt service costs related to campus supported capital
    23  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    24  University at Buffalo.
    25    §  7.  Notwithstanding any law to the contrary, and in accordance with
    26  section 4 of the state finance law, the comptroller is hereby authorized
    27  and directed to transfer, upon request of the director of the budget and
    28  upon consultation with the state university chancellor  or  his  or  her
    29  designee,  on  or before March 31, 2017, up to $6,500,000 from the state
    30  university income fund general revenue  account  (22653)  to  the  state
    31  general  fund for debt service costs related to campus supported capital
    32  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    33  University at Albany.
    34    §  8.  Notwithstanding  any  law to the contrary, the state university
    35  chancellor or his or her designee is authorized and directed to transfer
    36  estimated tuition revenue balances from the state university  collection
    37  fund  (61000)  to  the  state  university  income fund, state university
    38  general revenue offset account (22655) on or before March 31, 2017.
    39    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    40  section 4 of the state finance law, the comptroller is hereby authorized
    41  and directed to transfer, upon request of the director of the budget, up
    42  to  $87,864,000  from  the  general  fund to the state university income
    43  fund, state university hospitals  income  reimbursable  account  (22656)
    44  during  the period July 1, 2016 through June 30, 2017 to reflect ongoing
    45  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
    46  SUNY hospitals' state agency status.
    47    §  10. Notwithstanding any law to the contrary, and in accordance with
    48  section 4 of the state finance law, the comptroller is hereby authorized
    49  and directed to transfer, upon request of the director of the budget, up
    50  to $1,011,590,300 from the general fund to the state  university  income
    51  fund, state university general revenue offset account (22655) during the
    52  period  of  July  1, 2016 through June 30, 2017 to support operations at
    53  the state university.
    54    § 11. Notwithstanding any law to the contrary, and in accordance  with
    55  section 4 of the state finance law, the comptroller is hereby authorized
    56  and  directed to transfer, upon request of the state university chancel-

        S. 6406--C                         141                        A. 9006--C
 
     1  lor or his or her designee, up to $55,000,000 from the state  university
     2  income  fund,  state  university  hospitals  income reimbursable account
     3  (22656), for services and expenses of hospital  operations  and  capital
     4  expenditures at the state university hospitals; and the state university
     5  income  fund,  Long  Island  veterans' home account (22652) to the state
     6  university capital projects fund (32400) on or before June 30, 2017.
     7    § 12. Notwithstanding any law to the contrary, and in accordance  with
     8  section  4 of the state finance law, the comptroller, after consultation
     9  with the state university chancellor or his or her designee,  is  hereby
    10  authorized  and directed to transfer moneys, in the first instance, from
    11  the state university collection fund, Stony  Brook  hospital  collection
    12  account (61006), Brooklyn hospital collection account (61007), and Syra-
    13  cuse  hospital collection account (61008) to the state university income
    14  fund, state university hospitals income reimbursable account (22656)  in
    15  the  event  insufficient  funds  are  available  in the state university
    16  income fund, state  university  hospitals  income  reimbursable  account
    17  (22656)  to  permit the full transfer of moneys authorized for transfer,
    18  to the general fund for payment of debt  service  related  to  the  SUNY
    19  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
    20  also hereby authorized and directed, after consultation with  the  state
    21  university  chancellor  or  his or her designee, to transfer moneys from
    22  the state university income fund to the state  university  income  fund,
    23  state  university  hospitals  income reimbursable account (22656) in the
    24  event insufficient funds are available in the  state  university  income
    25  fund,  state university hospitals income reimbursable account (22656) to
    26  pay hospital operating costs or to permit the full  transfer  of  moneys
    27  authorized for transfer, to the general fund for payment of debt service
    28  related to the SUNY hospitals on or before March 31, 2017.
    29    §  13.  Notwithstanding any law to the contrary, upon the direction of
    30  the director of the budget and the chancellor of the state university of
    31  New York or his or her designee, and in accordance with section 4 of the
    32  state finance law, the comptroller is hereby authorized and directed  to
    33  transfer  monies from the state university dormitory income fund (40350)
    34  to the state university residence hall rehabilitation fund (30100),  and
    35  from  the state university residence hall rehabilitation fund (30100) to
    36  the state university dormitory income fund (40350), in a net amount  not
    37  to exceed $80 million.
    38    §  14. Notwithstanding any law to the contrary, and in accordance with
    39  section 4 of the state finance law, the comptroller is hereby authorized
    40  and directed to transfer monies, upon request of  the  director  of  the
    41  budget,  on  or  before March 31, 2017, from and to any of the following
    42  accounts: the miscellaneous special revenue fund, patient income account
    43  (21909), the miscellaneous special revenue fund, mental hygiene  program
    44  fund  account  (21907),  the miscellaneous special revenue fund, federal
    45  salary sharing account (22056), or the general fund in any  combination,
    46  the aggregate of which shall not exceed $350 million.
    47    §  15. Notwithstanding any law to the contrary, and in accordance with
    48  section 4 of the state finance law, the comptroller is hereby authorized
    49  and directed to transfer, at the request of the director of the  budget,
    50  up  to $500 million from the unencumbered balance of any special revenue
    51  fund or account, agency  fund  or  account,  internal  service  fund  or
    52  account,  enterprise  fund  or account, or any combination of such funds
    53  and accounts, to the general fund. The amounts transferred  pursuant  to
    54  this authorization shall be in addition to any other transfers expressly
    55  authorized  in  the  2016-17  budget. Transfers from federal funds, debt
    56  service funds, capital projects funds, the community projects  fund,  or

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     1  funds  that would result in the loss of eligibility for federal benefits
     2  or federal funds pursuant to federal law, rule, or regulation as assent-
     3  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
     4  1951 are not permitted pursuant to this authorization.
     5    §  15-a.  Notwithstanding  any  other  law to the contrary, up to $245
     6  million of the assessment reserves remitted to the chair of the workers'
     7  compensation board pursuant to subdivision 6 of section 151 of the work-
     8  ers' compensation law shall, at the request of the director of the budg-
     9  et, be transferred to the state insurance fund, for partial payment  and
    10  partial  satisfaction  of the state's obligations to the state insurance
    11  fund under section 88-c of the workers' compensation law.
    12    § 16. Notwithstanding any law to the contrary, and in accordance  with
    13  section 4 of the state finance law, the comptroller is hereby authorized
    14  and  directed to transfer, at the request of the director of the budget,
    15  up to $100 million from any non-general fund or account, or  combination
    16  of  funds and accounts, to the miscellaneous special revenue fund, tech-
    17  nology financing account (22207) or the miscellaneous  capital  projects
    18  fund,  information technology capital financing account (32215), for the
    19  purpose  of  consolidating  technology  procurement  and  services.  The
    20  amounts transferred to the miscellaneous special revenue fund, technolo-
    21  gy  financing  account  (22207)  pursuant to this authorization shall be
    22  equal to or less than the amount of  such  monies  intended  to  support
    23  information  technology  costs  which  are  attributable, according to a
    24  plan, to such account made in pursuance  to  an  appropriation  by  law.
    25  Transfers  to  the  technology financing account shall be completed from
    26  amounts collected by non-general funds or accounts pursuant  to  a  fund
    27  deposit  schedule  or permanent statute, and shall be transferred to the
    28  technology financing account pursuant to a schedule agreed upon  by  the
    29  affected  agency commissioner. Transfers from funds that would result in
    30  the loss of eligibility for federal benefits or federal  funds  pursuant
    31  to federal law, rule, or regulation as assented to in chapter 683 of the
    32  laws  of  1938  and  chapter  700  of the laws of 1951 are not permitted
    33  pursuant to this authorization.
    34    § 16-a. Notwithstanding any law to the  contrary,  and  in  accordance
    35  with  section  4  of  the  state  finance law, the comptroller is hereby
    36  authorized and directed to transfer, at the request of the  director  of
    37  the  budget,  up  to  twenty-one  million dollars ($21,000,000) from the
    38  unencumbered balance of any special revenue fund or account, or combina-
    39  tion of funds and accounts, to the community projects fund. The  amounts
    40  transferred  pursuant  to this authorization shall be in addition to any
    41  other transfers expressly authorized in the  2016-17  budget.  Transfers
    42  from  federal  funds,  debt  services  funds, capital projects funds, or
    43  funds that would result in the loss of eligibility for federal  benefits
    44  or federal funds pursuant to federal law, rule, or regulation as assent-
    45  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    46  1951 are not permitted pursuant to this authorization. The  director  of
    47  the budget shall (a) have received a request in writing from one or both
    48  houses of the legislature, and (b) notify both houses of the legislature
    49  in writing prior to initiating transfers pursuant to this authorization.
    50  The  comptroller  shall provide the director of the budget, the chair of
    51  the senate finance committee, and the chair of  the  assembly  ways  and
    52  means  committee with an accurate accounting and report of any transfers
    53  that occur pursuant to this section on or before the  fifteenth  day  of
    54  the following month in which such transfers occur.
    55    §  17. Notwithstanding any law to the contrary, and in accordance with
    56  section 4 of the state finance law, the comptroller is hereby authorized

        S. 6406--C                         143                        A. 9006--C
 
     1  and directed to transfer, at the request of the director of the  budget,
     2  up  to $350 million from any non-general fund or account, or combination
     3  of funds and accounts, to the general fund for the  purpose  of  consol-
     4  idating  technology  procurement  and  services. The amounts transferred
     5  pursuant to this authorization shall be equal to or less than the amount
     6  of such monies intended to support information  technology  costs  which
     7  are attributable, according to a plan, to such account made in pursuance
     8  to  an  appropriation  by  law.  Transfers  to the general fund shall be
     9  completed from amounts collected by non-general funds or accounts pursu-
    10  ant to a fund deposit schedule.  Transfers from funds that would  result
    11  in  the loss of eligibility for federal benefits or federal funds pursu-
    12  ant to federal law, rule, or regulation as assented to in chapter 683 of
    13  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    14  pursuant to this authorization.
    15    §  18. Notwithstanding any provision of law to the contrary, as deemed
    16  feasible and advisable by its trustees, the power authority of the state
    17  of New York is authorized and directed to transfer to the state treasury
    18  to the credit of the general fund $20,000,000 for the state fiscal  year
    19  commencing  April  1,  2016,  the  proceeds of which will be utilized to
    20  support energy-related state activities.
    21    § 19. Notwithstanding any provision of law, rule or regulation to  the
    22  contrary,  the  New York State energy research and development authority
    23  is authorized and directed to make a contribution to the state  treasury
    24  to  the  credit  of  the  general fund in the amount of $23,000,000 from
    25  proceeds collected by the authority from the auction or sale  of  carbon
    26  dioxide emission allowances allocated by the department of environmental
    27  conservation on or before March 31, 2017.
    28    §  20. Notwithstanding any provision of law, rule or regulation to the
    29  contrary, the New York state energy research and  development  authority
    30  is  authorized  and  directed to transfer to the state university income
    31  fund general revenue  account  (22653),  in  an  amount  not  to  exceed
    32  $15,000,000  for the state fiscal year commencing April 1, 2016 from the
    33  proceeds collected by the authority from the auction or sale  of  carbon
    34  dioxide emission allowances allocated by the department of environmental
    35  conservation, which amount shall be utilized to support the Clean Energy
    36  Workforce Opportunity Program, to expand and develop clean energy educa-
    37  tion  and  workforce  training programs, to offer additional courses, to
    38  hire faculty, purchase or upgrade necessary machinery and lab equipment,
    39  provide or coordinate associated experiential learning, and to integrate
    40  workforce training; provided further, that  up  to  $5,000,000  of  such
    41  amount  shall be available to support Clean Energy Workforce Opportunity
    42  Program initiatives at state university of New York community colleges.
    43    § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
    44  amended  by  section  21 of part I of chapter 60 of the laws of 2015, is
    45  amended to read as follows:
    46    5. Notwithstanding the provisions of section one hundred seventy-one-a
    47  of the tax law, as separately amended by chapters four  hundred  eighty-
    48  one  and four hundred eighty-four of the laws of nineteen hundred eight-
    49  y-one, and notwithstanding the provisions of chapter ninety-four of  the
    50  laws  of  two  thousand  eleven,  or  any other provisions of law to the
    51  contrary, during the fiscal year beginning  April  first,  two  thousand
    52  [fifteen]  sixteen,  the  state  comptroller  is  hereby  authorized and
    53  directed to deposit to the fund created pursuant to  this  section  from
    54  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    55  pursuant to a schedule submitted by the director of the  budget,  up  to
    56  [$3,382,279,000] $3,283,844,000, as may be certified in such schedule as

        S. 6406--C                         144                        A. 9006--C

     1  necessary  to  meet the purposes of such fund for the fiscal year begin-
     2  ning April first, two thousand [fifteen] sixteen.
     3    § 22. Intentionally omitted.
     4    § 23. Intentionally omitted.
     5    §  24. Subdivision 6 of section 4 of the state finance law, as amended
     6  by section 22 of part I of chapter 55 of the laws of 2014, is amended to
     7  read as follows:
     8    6. Notwithstanding any law to the contrary, at the  beginning  of  the
     9  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
    10  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
    11  account  such  monies as are identified by the director of the budget as
    12  having been intended for such deposit to support disbursements from such
    13  fund and/or account made in pursuance of an  appropriation  by  law.  As
    14  soon  as  practicable  upon enactment of the budget, the director of the
    15  budget shall,  but  not  less  than  three  days  following  preliminary
    16  submission  to the chairs of the senate finance committee and the assem-
    17  bly ways and means committee, file with the state comptroller  an  iden-
    18  tification  of specific monies to be so deposited. Any subsequent change
    19  regarding the monies to be so deposited shall be filed by  the  director
    20  of  the  budget,  as  soon  as practicable, but not less than three days
    21  following preliminary submission to the chairs  of  the  senate  finance
    22  committee and the assembly ways and means committee.
    23    All monies identified by the director of the budget to be deposited to
    24  the  credit of a fund and/or account shall be consistent with the intent
    25  of the budget for the then current state fiscal year as enacted  by  the
    26  legislature.
    27    The provisions of this subdivision shall expire on March thirty-first,
    28  two thousand [sixteen] eighteen.
    29    § 25. Subdivision 4 of section 40 of the state finance law, as amended
    30  by section 23 of part I of chapter 55 of the laws of 2014, is amended to
    31  read as follows:
    32    4.  Every appropriation made from a fund or account to a department or
    33  agency shall be available for the payment of prior years' liabilities in
    34  such fund or account for fringe benefits, indirect costs, and telecommu-
    35  nications expenses and expenses  for  other  centralized  services  fund
    36  programs  without limit. Every appropriation shall also be available for
    37  the payment of prior  years'  liabilities  other  than  those  indicated
    38  above,  but  only  to the extent of one-half of one percent of the total
    39  amount appropriated to a department or agency in such fund or account.
    40    The provisions of this subdivision shall  expire  March  thirty-first,
    41  two thousand [sixteen] eighteen.
    42    §  26.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
    43  92-cc of the state finance law, as added by chapter 1  of  the  laws  of
    44  2007, is amended to read as follows:
    45    (i)  Economic  downturn. The commissioner of labor shall calculate and
    46  publish, on or before the fifteenth day of each month, a composite index
    47  of business cycle indicators.  Such  index  shall  be  calculated  using
    48  monthly  data on New York state private sector employment, [total] aver-
    49  age weekly hours of manufacturing [hours worked] workers, and the  unem-
    50  ployment rate prepared by the department of labor or its successor agen-
    51  cy,  and  total  sales  tax  [collected  net of law changes] collections
    52  adjusted for inflation, prepared  by  the  department  of  taxation  and
    53  finance  or  its  successor  agency. Such index shall be [constructed in
    54  accordance with the procedures for calculating composite indexes  issued
    55  by the conference board or its successor organization, and] adjusted for
    56  seasonal  variations  in  accordance  with  the procedures issued by the

        S. 6406--C                         145                        A. 9006--C
 
     1  [census bureau of the] United States  [department  of  commerce]  Census
     2  Bureau or its successor agency. If the composite index declines for five
     3  consecutive months, the commissioner of labor shall notify the governor,
     4  the  speaker of the assembly, the temporary president of the senate, and
     5  the minority leaders of the assembly and the senate. Upon such notifica-
     6  tion, the director of the budget may  authorize  and  direct  the  comp-
     7  troller  to transfer from the rainy day reserve fund to the general fund
     8  such amounts as the director of the budget deems necessary to  meet  the
     9  requirements  of  the  state  financial  plan. The authority to transfer
    10  funds under the provisions of this  subdivision  shall  lapse  when  the
    11  composite  index  shall  have  increased  for five consecutive months or
    12  twelve months from the original  notification  of  the  commissioner  of
    13  labor, whichever occurs earlier. Provided, however, that for every addi-
    14  tional and consecutive monthly decline succeeding the five month decline
    15  so noted by the commissioner of labor, the twelve month lapse date shall
    16  be extended by one additional month; or
    17    §  27.  Paragraph  (a)  of  subdivision 3 of section 93-b of the state
    18  finance law, as added by section 1 of part H of chapter 60 of  the  laws
    19  of 2015, is amended to read as follows:
    20    (a)  Economic  downturn.  Notwithstanding any law to the contrary, for
    21  the purpose of this section, the commissioner of labor  shall  calculate
    22  and  publish,  on or before the fifteenth day of each month, a composite
    23  index of business cycle indicators. Such index shall be calculated using
    24  monthly data on New York state private sector employment, [total]  aver-
    25  age  weekly hours of manufacturing [hours worked] workers, and the unem-
    26  ployment rate prepared by the department of labor or its successor agen-
    27  cy, and total sales tax  [collected  net  of  law  changes]  collections
    28  adjusted  for  inflation,  prepared  by  the  department of taxation and
    29  finance or its successor agency. Such index  shall  be  [constructed  in
    30  accordance  with the procedures for calculating composite indexes issued
    31  by the conference board or its successor organization, and] adjusted for
    32  seasonal variations in accordance with  the  procedures  issued  by  the
    33  [census  bureau  of  the]  United States [department of commerce] Census
    34  Bureau or its successor agency. If the composite index declines for five
    35  consecutive months, the commissioner of labor shall notify the governor,
    36  the speaker of the assembly, the temporary president of the senate,  and
    37  the minority leaders of the assembly and the senate. Upon such notifica-
    38  tion,  the  director  of  the  budget may authorize and direct the comp-
    39  troller to transfer from the dedicated infrastructure investment fund to
    40  the general fund such amounts as the director of the budget deems neces-
    41  sary to meet the requirements of the state financial plan. The authority
    42  to transfer funds under the provisions of  this  paragraph  shall  lapse
    43  when  the  composite  index  shall  have  increased for five consecutive
    44  months or twelve months from the original notification  of  the  commis-
    45  sioner  of  labor, whichever occurs earlier. Provided, however, that for
    46  every additional and consecutive monthly  decline  succeeding  the  five
    47  month  decline  so  noted by the commissioner of labor, the twelve month
    48  lapse date shall be extended by one additional month.
    49    § 27-a. The opening paragraph of paragraph 1-a of subdivision  (a)  of
    50  section 83 of the state finance law, as added by chapter 453 of the laws
    51  of 2015, is amended to read as follows:
    52    On  or before the first day of February each year, the commissioner of
    53  the department of environmental conservation  shall  provide  a  written
    54  report  to  the temporary president of the senate, speaker of the assem-
    55  bly, chair of the senate finance committee, chair of the  assembly  ways
    56  and  means committee, chair of the senate committee on [health] environ-

        S. 6406--C                         146                        A. 9006--C
 
     1  mental  conservation,  chair  of  the  assembly  [health]  environmental
     2  conservation  committee,  the  state  comptroller and the public.   Such
     3  report shall include how the monies of the  fund  received  pursuant  to
     4  section  six hundred twenty-five of the tax law were utilized during the
     5  preceding calendar year, and shall include:
     6    § 27-b. The opening paragraph of subdivision 2-a of section 84 of  the
     7  state  finance  law,  as  added  by  chapter 453 of the laws of 2015, is
     8  amended to read as follows:
     9    On or before the first day of February each year, the  chairperson  of
    10  the  New York state Olympic regional development authority shall provide
    11  a written report to the temporary president of the  senate,  speaker  of
    12  the assembly, chair of the senate finance committee, chair of the assem-
    13  bly  ways and means committee, chair of the senate committee on [health]
    14  cultural affairs, tourism, parks and recreation, chair of  the  assembly
    15  [health]  tourism,  parks,  arts  and  sports development committee, the
    16  state comptroller and the public. Such  report  shall  include  how  the
    17  monies of the fund were utilized during the preceding calendar year, and
    18  shall include:
    19    § 27-c. The opening paragraph of subdivision 2-a of section 97-mmmm of
    20  the  state  finance law, as added by chapter 453 of the laws of 2015, is
    21  amended to read as follows:
    22    On or before the first day of February each year, the director of  the
    23  New  York  state  division  of veterans' affairs shall provide a written
    24  report to the temporary president of the senate, speaker of  the  assem-
    25  bly,  chair  of the senate finance committee, chair of the assembly ways
    26  and means committee, chair of the senate committee on [health] veterans,
    27  homeland security and military affairs, chair of the  assembly  [health]
    28  veterans' affairs committee, the state comptroller and the public.  Such
    29  report shall include how the monies of the fund were utilized during the
    30  preceding calendar year, and shall include:
    31    §  27-d.  The  opening paragraph of subdivision 2-a of section 99-v of
    32  the state finance law, as added by chapter 453 of the laws of  2015,  is
    33  amended to read as follows:
    34    On  or before the first day of February each year, the director of the
    35  New York state division of veterans' affairs  shall  provide  a  written
    36  report  to  the temporary president of the senate, speaker of the assem-
    37  bly, chair of the senate finance committee, chair of the  assembly  ways
    38  and means committee, chair of the senate committee on [health] veterans,
    39  homeland  security  and military affairs, chair of the assembly [health]
    40  veterans' affairs committee, the state comptroller and the public.  Such
    41  report shall include how the monies of the fund were utilized during the
    42  preceding calendar year, and shall include:
    43    § 27-e. The opening paragraph of subdivision 2-a of  section  92-w  of
    44  the  state  finance law, as added by chapter 453 of the laws of 2015, is
    45  amended to read as follows:
    46    On or before the first day of February each year, the director of  the
    47  division  of criminal justice services shall provide a written report to
    48  the temporary president of the senate, speaker of the assembly, chair of
    49  the senate finance committee, chair  of  the  assembly  ways  and  means
    50  committee, chair of the senate committee on [health] codes, chair of the
    51  assembly [health] codes committee, the state comptroller and the public.
    52  Such  report  shall  include  how  the  monies of the fund were utilized
    53  during the preceding calendar year, and shall include:
    54    § 27-f. The opening paragraph of subdivision 2-a of section 79 of  the
    55  state  finance  law,  as  added  by  chapter 453 of the laws of 2015, is
    56  amended to read as follows:

        S. 6406--C                         147                        A. 9006--C
 
     1    On or before the first day of February each year, the chairman of  the
     2  board  of  directors of the World Trade Center memorial foundation shall
     3  provide a written report to  the  temporary  president  of  the  senate,
     4  speaker of the assembly, chair of the senate finance committee, chair of
     5  the assembly ways and means committee, [chair of the senate committee on
     6  health,  chair  of the assembly health committee,] the state comptroller
     7  and the public. Such report shall include how the  monies  of  the  fund
     8  were utilized during the preceding calendar year, and shall include:
     9    §  27-g.  The  opening paragraph of subdivision 2-a of section 99-q of
    10  the state finance law, as added by chapter 453 of the laws of  2015,  is
    11  amended to read as follows:
    12    On  or  before  the  first  day  of February each year, the state fire
    13  administrator shall provide a written report to the temporary  president
    14  of  the  senate,  speaker  of  the assembly, chair of the senate finance
    15  committee, chair of the assembly ways and means committee, chair of  the
    16  senate  committee  on  [health]  local government, chair of the assembly
    17  [health] local government  committee,  the  state  comptroller  and  the
    18  public.  Such  report  shall  include  how  the  monies of the fund were
    19  utilized during the preceding calendar year, and shall include:
    20    § 27-h. Subdivision 2 of section 71-b of the  state  finance  law,  as
    21  added by chapter 453 of the laws of 2015, is amended to read as follows:
    22    2.  The  head of the agency or entity administering the expenditure of
    23  tax check-off monies shall report annually on the use of such monies  to
    24  the temporary president of the senate, speaker of the assembly, chair of
    25  the  senate  finance  committee,  chair  of  the assembly ways and means
    26  committee, chair of the [senate committee on health, chair of the assem-
    27  bly health committee,] appropriate committee in the senate or  assembly,
    28  the  state  comptroller  and  the  public. Such report shall include the
    29  amount of money dispersed from the fund and the award process  used  for
    30  such  disbursements,  recipients  of  awards  from  the fund, the amount
    31  awarded to each, the purposes for which such awards were granted, and  a
    32  summary  financial plan for such monies which shall include estimates of
    33  all receipts and all disbursements for the current and succeeding fiscal
    34  years, along with the actual results from the prior fiscal year.
    35    § 27-i. Section 95-e of the state finance law, as added by chapter 301
    36  of the laws of 2004, is amended by adding a new subdivision 2-a to  read
    37  as follows:
    38    2-a. On or before the first day of February each year, the commission-
    39  er  of  health shall provide a written report to the temporary president
    40  of the senate, speaker of the assembly,  chair  of  the  senate  finance
    41  committee,  chair of the assembly ways and means committee, chair of the
    42  senate committee on health, chair of the assembly health committee,  the
    43  state  comptroller  and  the  public.  Such report shall include how the
    44  monies of the fund were utilized during the preceding calendar year, and
    45  shall include:
    46    (i) the amount of money disbursed from the fund and the award  process
    47  used for such disbursements;
    48    (ii) recipients of awards from the fund;
    49    (iii) the amount awarded to each;
    50    (iv) the purposes for which such awards were granted; and
    51    (v) a summary financial plan for such monies which shall include esti-
    52  mates of all receipts and all disbursements for the current and succeed-
    53  ing  fiscal  years,  along with the actual results from the prior fiscal
    54  year.

        S. 6406--C                         148                        A. 9006--C
 
     1    § 27-j. Section 14 of chapter 453 of the laws  of  2015  amending  the
     2  state finance law relating to tax check-off funds, is amended to read as
     3  follows:
     4    §  14. This act shall take effect immediately; provided, however, that
     5  the provisions of section thirteen of this  act  shall  apply  to  funds
     6  established  on  and after such date and funds for which a tax check-off
     7  is a source of monies in such funds.
     8    § 28. Notwithstanding any  other  law,  rule,  or  regulation  to  the
     9  contrary, the state comptroller is hereby authorized and directed to use
    10  any  balance  remaining  in the mental health services fund debt service
    11  appropriation, after payment by the state comptroller of all obligations
    12  required pursuant to any lease, sublease, or other financing arrangement
    13  between the dormitory authority of the state of New York as successor to
    14  the New York state medical  care  facilities  finance  agency,  and  the
    15  facilities development corporation pursuant to chapter 83 of the laws of
    16  1995  and  the  department  of  mental hygiene for the purpose of making
    17  payments to the dormitory authority of the state of  New  York  for  the
    18  amount  of  the  earnings  for the investment of monies deposited in the
    19  mental health services fund that such agency determines will or may have
    20  to be rebated to the federal government pursuant to  the  provisions  of
    21  the  internal  revenue code of 1986, as amended, in order to enable such
    22  agency to maintain the exemption from federal  income  taxation  on  the
    23  interest paid to the holders of such agency's mental services facilities
    24  improvement  revenue  bonds.  Annually on or before each June 30th, such
    25  agency shall certify to the state comptroller its determination  of  the
    26  amounts  received  in the mental health services fund as a result of the
    27  investment of monies deposited therein that  will  or  may  have  to  be
    28  rebated  to  the  federal  government  pursuant to the provisions of the
    29  internal revenue code of 1986, as amended.
    30    § 29. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
    31  laws  of  1968, constituting the New York state urban development corpo-
    32  ration act, as amended by section 25 of part I of chapter 60 of the laws
    33  of 2015, is amended to read as follows:
    34    1. Notwithstanding the provisions of any other law  to  the  contrary,
    35  the  dormitory  authority  and  the corporation are hereby authorized to
    36  issue bonds or notes in one or more series for the  purpose  of  funding
    37  project costs for the office of information technology services, depart-
    38  ment  of  law,  and  other  state  costs  associated  with  such capital
    39  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    40  issued  pursuant  to  this  section shall not exceed [two] three hundred
    41  [sixty-nine] sixty-four  million  [one]  eight  hundred  forty  thousand
    42  dollars, excluding bonds issued to fund one or more debt service reserve
    43  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    44  to refund or otherwise repay such bonds or notes previously issued. Such
    45  bonds and notes of the dormitory authority and the corporation shall not
    46  be  a  debt of the state, and the state shall not be liable thereon, nor
    47  shall they be payable out of any funds other than those appropriated  by
    48  the  state to the dormitory authority and the corporation for principal,
    49  interest, and related expenses pursuant to a service contract  and  such
    50  bonds  and  notes  shall contain on the face thereof a statement to such
    51  effect. Except for purposes of complying with the internal revenue code,
    52  any interest income earned on bond proceeds shall only be  used  to  pay
    53  debt service on such bonds.
    54    § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    55  of  1997,  relating  to  the  financing  of  the correctional facilities
    56  improvement fund and the youth facility improvement fund, as amended  by

        S. 6406--C                         149                        A. 9006--C
 
     1  section  27  of  part I of chapter 60 of the laws of 2015, is amended to
     2  read as follows:
     3    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
     4  notwithstanding the provisions of section 18 of section 1 of chapter 174
     5  of the laws of 1968, the New York state urban development corporation is
     6  hereby authorized to issue bonds, notes  and  other  obligations  in  an
     7  aggregate  principal  amount  not  to  exceed  seven  billion [one] four
     8  hundred [sixty-three] twenty-four million [three] nine  hundred  [sixty-
     9  nine]  ninety-nine thousand dollars [$7,163,369,000] $7,424,999,000, and
    10  shall include all bonds, notes and other obligations issued pursuant  to
    11  chapter 56 of the laws of 1983, as amended or supplemented. The proceeds
    12  of  such  bonds,  notes or other obligations shall be paid to the state,
    13  for deposit in the correctional facilities capital improvement  fund  to
    14  pay  for  all  or any portion of the amount or amounts paid by the state
    15  from appropriations  or  reappropriations  made  to  the  department  of
    16  corrections  and  community supervision from the correctional facilities
    17  capital improvement fund for capital projects. The aggregate  amount  of
    18  bonds,  notes  or  other obligations authorized to be issued pursuant to
    19  this section shall exclude bonds, notes or other obligations  issued  to
    20  refund  or otherwise repay bonds, notes or other obligations theretofore
    21  issued, the proceeds of which were paid  to  the  state  for  all  or  a
    22  portion  of  the  amounts  expended  by the state from appropriations or
    23  reappropriations made to the department  of  corrections  and  community
    24  supervision;  provided,  however, that upon any such refunding or repay-
    25  ment the total aggregate principal amount of outstanding bonds, notes or
    26  other obligations may be greater than seven billion [one]  four  hundred
    27  [sixty-three]  twenty-four  million  [three]  nine  hundred [sixty-nine]
    28  ninety-nine thousand dollars [$7,163,369,000]  $7,424,999,000,  only  if
    29  the  present  value  of  the  aggregate debt service of the refunding or
    30  repayment bonds, notes or other  obligations  to  be  issued  shall  not
    31  exceed  the  present  value  of the aggregate debt service of the bonds,
    32  notes or other obligations so to be refunded or repaid. For the purposes
    33  hereof, the present value of the aggregate debt service of the refunding
    34  or repayment bonds, notes or other obligations and of the aggregate debt
    35  service of the bonds, notes or other obligations so refunded or  repaid,
    36  shall  be  calculated  by  utilizing  the effective interest rate of the
    37  refunding or repayment bonds, notes or other obligations, which shall be
    38  that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
    39  (compounded  semi-annually)  necessary  to  discount  the  debt  service
    40  payments on the refunding or repayment bonds, notes or other obligations
    41  from the payment dates thereof to the date of issue of the refunding  or
    42  repayment bonds, notes or other obligations and to the price bid includ-
    43  ing  estimated  accrued interest or proceeds received by the corporation
    44  including estimated accrued interest from the sale thereof.
    45    § 31. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    46  housing finance law, as amended by section 28 of part I of chapter 60 of
    47  the laws of 2015, is amended to read as follows:
    48    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    49  thousand,  in  order  to  enhance and encourage the promotion of housing
    50  programs and thereby achieve the stated purposes and objectives of  such
    51  housing  programs, the agency shall have the power and is hereby author-
    52  ized from time to time to issue negotiable  housing  program  bonds  and
    53  notes  in  such principal amount as shall be necessary to provide suffi-
    54  cient funds for the repayment of amounts disbursed (and  not  previously
    55  reimbursed)  pursuant  to law or any prior year making capital appropri-
    56  ations or reappropriations for the  purposes  of  the  housing  program;

        S. 6406--C                         150                        A. 9006--C
 
     1  provided,  however, that the agency may issue such bonds and notes in an
     2  aggregate principal amount not exceeding [three] four billion [one]  six
     3  hundred  [fifty-three]  ninety-seven million [seven] four hundred [nine-
     4  ty-nine] seventy-four thousand dollars, plus a principal amount of bonds
     5  issued to fund the debt service reserve fund in accordance with the debt
     6  service  reserve  fund requirement established by the agency and to fund
     7  any other reserves that the agency reasonably deems  necessary  for  the
     8  security  or  marketability of such bonds and to provide for the payment
     9  of  fees  and  other  charges  and  expenses,  including   underwriters'
    10  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
    11  enhancement and liquidity enhancement related to the  issuance  of  such
    12  bonds  and  notes.  No  reserve  fund securing the housing program bonds
    13  shall be entitled or eligible to  receive  state  funds  apportioned  or
    14  appropriated to maintain or restore such reserve fund at or to a partic-
    15  ular level, except to the extent of any deficiency resulting directly or
    16  indirectly  from a failure of the state to appropriate or pay the agreed
    17  amount under any of the contracts provided for in  subdivision  four  of
    18  this section.
    19    §  32.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
    20  1991, amending the state finance law and  other  laws  relating  to  the
    21  establishment of the dedicated highway and bridge trust fund, as amended
    22  by section 29 of part I of chapter 60 of the laws of 2015, is amended to
    23  read as follows:
    24    (b) Any service contract or contracts for projects authorized pursuant
    25  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    26  14-k of the transportation law, and entered into pursuant to subdivision
    27  (a) of this section, shall provide  for  state  commitments  to  provide
    28  annually  to  the  thruway  authority a sum or sums, upon such terms and
    29  conditions as shall be deemed appropriate by the director of the budget,
    30  to fund, or fund the debt service requirements of any bonds or any obli-
    31  gations of the thruway authority issued to  fund  or  to  reimburse  the
    32  state  for  funding  such  projects  having  a  cost  not  in  excess of
    33  [$8,658,881,000] $9,147,234,000 cumulatively by the end of  fiscal  year
    34  [2015-16] 2016-17.
    35    §  33.  Subdivision 1 of section 1689-i of the public authorities law,
    36  as amended by section 30 of part I of chapter 60 of the laws of 2015, is
    37  amended to read as follows:
    38    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    39  request  of  the  commissioner of education, to finance eligible library
    40  construction projects pursuant to section two hundred seventy-three-a of
    41  the education law, in amounts certified  by  such  commissioner  not  to
    42  exceed  a  total  principal  amount  of  one  hundred [forty] fifty-nine
    43  million dollars.
    44    § 34. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
    45  laws  of  2005,  providing  for  the administration of certain funds and
    46  accounts related to the 2005-2006 budget, as amended by  section  31  of
    47  part I of chapter 60 of the laws of 2015, is amended to read as follows:
    48    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    49  notwithstanding any provisions of law to the contrary, the urban  devel-
    50  opment  corporation  is hereby authorized to issue bonds or notes in one
    51  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
    52  [$155,600,000]  $167,600,000,  excluding  bonds issued to finance one or
    53  more debt service reserve funds, to pay costs of issuance of such bonds,
    54  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
    55  notes  previously  issued, for the purpose of financing capital projects
    56  including IT initiatives for the division of state police, debt  service

        S. 6406--C                         151                        A. 9006--C
 
     1  and  leases;  and  to reimburse the state general fund for disbursements
     2  made therefor. Such bonds and notes of such authorized issuer shall  not
     3  be  a  debt of the state, and the state shall not be liable thereon, nor
     4  shall  they be payable out of any funds other than those appropriated by
     5  the state to  such  authorized  issuer  for  debt  service  and  related
     6  expenses  pursuant to any service contract executed pursuant to subdivi-
     7  sion (b) of this section and such bonds and notes shall contain  on  the
     8  face  thereof a statement to such effect. Except for purposes of comply-
     9  ing with the internal revenue code, any interest income earned  on  bond
    10  proceeds shall only be used to pay debt service on such bonds.
    11    §  35.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    12  constituting the New York state urban development  corporation  act,  as
    13  amended  by  section  32 of part I of chapter 60 of the laws of 2015, is
    14  amended to read as follows:
    15    § 44. Issuance of certain  bonds  or  notes.  1.  Notwithstanding  the
    16  provisions of any other law to the contrary, the dormitory authority and
    17  the  corporation are hereby authorized to issue bonds or notes in one or
    18  more series for the purpose of funding project costs  for  the  regional
    19  economic  development  council  initiative,  the economic transformation
    20  program, state university of New York college for nanoscale and  science
    21  engineering,  projects  within  the city of Buffalo or surrounding envi-
    22  rons, the New York works economic development  fund,  projects  for  the
    23  retention of professional football in western New York, the empire state
    24  economic  development  fund,  the  clarkson-trudeau partnership, the New
    25  York genome center, the cornell university college of  veterinary  medi-
    26  cine,  the  olympic regional development authority, [a project] projects
    27  at nano  Utica,  onondaga  county  revitalization  projects,  Binghamton
    28  university  school of pharmacy, New York power electronics manufacturing
    29  consortium, regional infrastructure projects, high  technology  manufac-
    30  turing  projects  in  Chautauqua  and  Erie  county, an industrial scale
    31  research and development facility in Clinton county, upstate revitaliza-
    32  tion initiative projects, market New York projects, fairground buildings
    33  or facilities used to house and promote  agriculture,  and  other  state
    34  costs  associated  with such projects. The aggregate principal amount of
    35  bonds authorized to be issued pursuant to this section shall not  exceed
    36  [two]  four  billion  [eight]  six  hundred  [eighty-eight]  seventy-one
    37  million [two] seven  hundred  fifty-seven  thousand  dollars,  excluding
    38  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
    39  costs of issuance of such bonds, and bonds or notes issued to refund  or
    40  otherwise  repay  such  bonds or notes previously issued. Such bonds and
    41  notes of the dormitory authority and the corporation shall not be a debt
    42  of the state, and the state shall not be liable thereon, nor shall  they
    43  be  payable  out of any funds other than those appropriated by the state
    44  to the dormitory authority and the corporation for principal,  interest,
    45  and  related  expenses pursuant to a service contract and such bonds and
    46  notes shall contain on the face thereof  a  statement  to  such  effect.
    47  Except  for  purposes  of  complying with the internal revenue code, any
    48  interest income earned on bond proceeds shall only be used to  pay  debt
    49  service on such bonds.
    50    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    51  order to assist the dormitory authority and the corporation in undertak-
    52  ing the financing for project costs for the regional  economic  develop-
    53  ment  council  initiative,  the  economic  transformation program, state
    54  university of New York college for nanoscale  and  science  engineering,
    55  projects  within  the  city  of Buffalo or surrounding environs, the New
    56  York works economic development fund,  projects  for  the  retention  of

        S. 6406--C                         152                        A. 9006--C
 
     1  professional  football  in  western  New York, the empire state economic
     2  development fund, the clarkson-trudeau partnership, the New York  genome
     3  center, the cornell university college of veterinary medicine, the olym-
     4  pic  regional development authority, [a project] projects at nano Utica,
     5  onondaga county revitalization projects, Binghamton university school of
     6  pharmacy, New York power electronics manufacturing consortium,  regional
     7  infrastructure projects, high technology manufacturing projects in Chau-
     8  tauqua  and  Erie  county,  an industrial scale research and development
     9  facility in Clinton county, upstate revitalization initiative  projects,
    10  market  New  York  projects,  fairground buildings or facilities used to
    11  house and promote agriculture, and other  state  costs  associated  with
    12  such  projects, the director of the budget is hereby authorized to enter
    13  into one or more service contracts with the dormitory authority and  the
    14  corporation,  none  of which shall exceed thirty years in duration, upon
    15  such terms and conditions as the director of the budget and the dormito-
    16  ry authority and the corporation agree, so as to annually provide to the
    17  dormitory authority and the corporation, in the aggregate, a sum not  to
    18  exceed  the  principal, interest, and related expenses required for such
    19  bonds and notes. Any service contract  entered  into  pursuant  to  this
    20  section shall provide that the obligation of the state to pay the amount
    21  therein  provided  shall  not  constitute a debt of the state within the
    22  meaning of any constitutional or statutory provision and shall be deemed
    23  executory only to the extent of monies available and that  no  liability
    24  shall  be  incurred  by  the  state beyond the monies available for such
    25  purpose, subject to annual appropriation by the  legislature.  Any  such
    26  contract  or  any payments made or to be made thereunder may be assigned
    27  and pledged by the dormitory authority and the corporation  as  security
    28  for its bonds and notes, as authorized by this section.
    29    §  36.  Subdivision 3 of section 1285-p of the public authorities law,
    30  as amended by section 33 of part I of chapter 60 of the laws of 2015, is
    31  amended to read as follows:
    32    3. The maximum amount of bonds that may be issued for the  purpose  of
    33  financing  environmental  infrastructure  projects  authorized  by  this
    34  section shall be [one] two  billion  [seven  hundred  seventy-five]  one
    35  hundred eight million [seven] two hundred sixty thousand dollars, exclu-
    36  sive  of  bonds issued to fund any debt service reserve funds, pay costs
    37  of issuance of such bonds, and bonds or notes issued to refund or other-
    38  wise repay bonds or notes previously issued. Such bonds and notes of the
    39  corporation shall not be a debt of the state, and the state shall not be
    40  liable thereon, nor shall they be payable out of any  funds  other  than
    41  those  appropriated by the state to the corporation for debt service and
    42  related expenses pursuant to any service contracts executed pursuant  to
    43  subdivision  one of this section, and such bonds and notes shall contain
    44  on the face thereof a statement to such effect.
    45    § 37. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
    46  laws  of  1968, constituting the New York state urban development corpo-
    47  ration act, as amended by section 34 of part I of chapter 60 of the laws
    48  of 2015, is amended to read as follows:
    49    1. Notwithstanding the provisions of any other law  to  the  contrary,
    50  the  urban  development  corporation  of the state of New York is hereby
    51  authorized to issue bonds or notes in one or more series for the purpose
    52  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
    53  2020 challenge grant program subject to the approval of  a  NY-SUNY  and
    54  NY-CUNY  2020 plan or plans by the governor and either the chancellor of
    55  the state university of New York or the chancellor of the city universi-
    56  ty of New York, as applicable. The aggregate principal amount  of  bonds

        S. 6406--C                         153                        A. 9006--C
 
     1  authorized  to  be  issued  pursuant  to  this  section shall not exceed
     2  [$440,000,000] $550,000,000, excluding bonds issued to fund one or  more
     3  debt  service reserve funds, to pay costs of issuance of such bonds, and
     4  bonds  or  notes issued to refund or otherwise repay such bonds or notes
     5  previously issued. Such bonds and notes of the corporation shall not  be
     6  a  debt  of  the  state,  and the state shall not be liable thereon, nor
     7  shall they be payable out of any funds other than those appropriated  by
     8  the  state  to  the  corporation  for  principal,  interest, and related
     9  expenses pursuant to a service contract and such bonds and  notes  shall
    10  contain  on  the  face  thereof  a  statement to such effect. Except for
    11  purposes of complying with  the  internal  revenue  code,  any  interest
    12  income earned on bond proceeds shall only be used to pay debt service on
    13  such bonds.
    14    §  38.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    15  laws of 2002, providing for the  administration  of  certain  funds  and
    16  accounts  related  to  the 2002-2003 budget, as amended by section 35 of
    17  part I of chapter 60 of the laws of 2015, is amended to read as follows:
    18    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
    19  notwithstanding  the  provisions  of section 18 of the urban development
    20  corporation act, the corporation is hereby authorized to issue bonds  or
    21  notes  in  one  or  more  series in an aggregate principal amount not to
    22  exceed $197,000,000 excluding bonds issued to  fund  one  or  more  debt
    23  service reserve funds, to pay costs of issuance of such bonds, and bonds
    24  or  notes issued to refund or otherwise repay such bonds or notes previ-
    25  ously issued, for the purpose of  financing  capital  costs  related  to
    26  homeland  security  and  training  facilities  for the division of state
    27  police, the division of military and naval affairs, and any other  state
    28  agency,  including  the reimbursement of any disbursements made from the
    29  state capital projects fund, and is hereby authorized to issue bonds  or
    30  notes  in  one  or  more  series in an aggregate principal amount not to
    31  exceed [$469,800,000] $509,600,000, excluding bonds issued to  fund  one
    32  or  more  debt  service  reserve funds, to pay costs of issuance of such
    33  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    34  or notes previously issued, for the purpose of financing improvements to
    35  State office buildings and other facilities located statewide, including
    36  the reimbursement of any  disbursements  made  from  the  state  capital
    37  projects  fund.  Such  bonds and notes of the corporation shall not be a
    38  debt of the state, and the state shall not be liable thereon, nor  shall
    39  they  be  payable  out of any funds other than those appropriated by the
    40  state to the corporation for debt service and related expenses  pursuant
    41  to  any  service  contracts executed pursuant to subdivision (b) of this
    42  section, and such bonds and notes shall contain on the  face  thereof  a
    43  statement to such effect.
    44    § 39. Subdivision 1 of section 386-b of the public authorities law, as
    45  amended  by  section  36 of part I of chapter 60 of the laws of 2015, is
    46  amended to read as follows:
    47    1. Notwithstanding any other provision of law  to  the  contrary,  the
    48  authority, the dormitory authority and the urban development corporation
    49  are  hereby authorized to issue bonds or notes in one or more series for
    50  the purpose of financing peace bridge  projects  and  capital  costs  of
    51  state and local highways, parkways, bridges, the New York state thruway,
    52  Indian reservation roads, and facilities, and transportation infrastruc-
    53  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    54  projects, and rail service preservation projects, including work  appur-
    55  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    56  authorized to be issued pursuant to this section shall not exceed  [one]

        S. 6406--C                         154                        A. 9006--C
 
     1  three   billion   [six   hundred   ninety]  sixty-five  million  dollars
     2  [$1,690,000,000] $3,065,000,000, excluding bonds issued to fund  one  or
     3  more debt service reserve funds, to pay costs of issuance of such bonds,
     4  and  to refund or otherwise repay such bonds or notes previously issued.
     5  Such bonds and notes of the authority, the dormitory authority  and  the
     6  urban  development corporation shall not be a debt of the state, and the
     7  state shall not be liable thereon, nor shall they be payable out of  any
     8  funds  other  than those appropriated by the state to the authority, the
     9  dormitory authority and the urban development corporation for principal,
    10  interest, and related expenses pursuant to a service contract  and  such
    11  bonds  and  notes  shall contain on the face thereof a statement to such
    12  effect. Except for purposes of complying with the internal revenue code,
    13  any interest income earned on bond proceeds shall only be  used  to  pay
    14  debt service on such bonds.
    15    §  40.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    16  authorities law, as amended by section 37 of part I of chapter 60 of the
    17  laws of 2015, is amended to read as follows:
    18    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    19  thousand, the dormitory authority shall not issue any  bonds  for  state
    20  university  educational  facilities  purposes if the principal amount of
    21  bonds to be issued when added to the aggregate principal amount of bonds
    22  issued by the dormitory authority on  and  after  July  first,  nineteen
    23  hundred  eighty-eight  for  state university educational facilities will
    24  exceed eleven  billion  [two]  six  hundred  [twenty-eight]  sixty-three
    25  million  dollars;  provided,  however, that bonds issued or to be issued
    26  shall be excluded from such limitation if: (1) such bonds are issued  to
    27  refund   state   university  construction  bonds  and  state  university
    28  construction notes previously issued by the housing finance  agency;  or
    29  (2)  such  bonds  are  issued  to refund bonds of the authority or other
    30  obligations issued for state university educational facilities  purposes
    31  and  the  present  value  of the aggregate debt service on the refunding
    32  bonds does not exceed the present value of the aggregate debt service on
    33  the bonds refunded thereby; provided, further that upon certification by
    34  the director of the budget that the issuance of refunding bonds or other
    35  obligations issued between April first, nineteen hundred ninety-two  and
    36  March  thirty-first,  nineteen  hundred  ninety-three will generate long
    37  term economic benefits to the state, as  assessed  on  a  present  value
    38  basis,  such  issuance will be deemed to have met the present value test
    39  noted above. For purposes of this subdivision, the present value of  the
    40  aggregate  debt  service  of  the refunding bonds and the aggregate debt
    41  service of the bonds refunded, shall be calculated by utilizing the true
    42  interest cost of the refunding bonds, which shall be that  rate  arrived
    43  at  by doubling the semi-annual interest rate (compounded semi-annually)
    44  necessary to discount the debt service payments on the  refunding  bonds
    45  from  the  payment  dates  thereof to the date of issue of the refunding
    46  bonds to the purchase price of the refunding bonds,  including  interest
    47  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
    48  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
    49  exceed  the  weighted  average  economic life, as certified by the state
    50  university construction fund, of the facilities in connection with which
    51  the bonds are issued, and in any case not  later  than  the  earlier  of
    52  thirty  years  or  the  expiration of the term of any lease, sublease or
    53  other agreement relating  thereto;  provided  that  no  note,  including
    54  renewals  thereof,  shall mature later than five years after the date of
    55  issuance of such note. The legislature reserves the right  to  amend  or
    56  repeal  such  limit, and the state of New York, the dormitory authority,

        S. 6406--C                         155                        A. 9006--C
 
     1  the state university of New York, and the state university  construction
     2  fund are prohibited from covenanting or making any other agreements with
     3  or  for  the  benefit  of bondholders which might in any way affect such
     4  right.
     5    §  41.  Paragraph  (c) of subdivision 14 of section 1680 of the public
     6  authorities law, as amended by section 38 of part I of chapter 60 of the
     7  laws of 2015, is amended to read as follows:
     8    (c) Subject to the provisions of chapter fifty-nine of the laws of two
     9  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
    10  bonds for city university community college facilities, except to refund
    11  or  to  be substituted for or in lieu of other bonds in relation to city
    12  university community college facilities pursuant to a resolution of  the
    13  dormitory  authority adopted before July first, nineteen hundred eighty-
    14  five or any resolution supplemental thereto, if the principal amount  of
    15  bonds  so  to  be  issued  when  added to all principal amounts of bonds
    16  previously issued by the dormitory authority for city university  commu-
    17  nity  college  facilities, except to refund or to be substituted in lieu
    18  of other bonds in relation to city university community college  facili-
    19  ties will exceed the sum of four hundred twenty-five million dollars and
    20  (ii)  the dormitory authority shall not deliver a series of bonds issued
    21  for city university facilities, including community college  facilities,
    22  pursuant  to a resolution of the dormitory authority adopted on or after
    23  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
    24  substituted for or in lieu of other bonds in relation to city university
    25  facilities  and except for bonds issued pursuant to a resolution supple-
    26  mental to a resolution of the dormitory authority adopted prior to  July
    27  first, nineteen hundred eighty-five, if the principal amount of bonds so
    28  to  be  issued  when  added  to the principal amount of bonds previously
    29  issued pursuant to any such resolution, except bonds issued to refund or
    30  to be substituted for or in lieu of other  bonds  in  relation  to  city
    31  university  facilities,  will  exceed seven billion [three] five hundred
    32  [ninety-two] eighty-eight million  [seven]  four  hundred  [fifty-three]
    33  eleven  thousand dollars. The legislature reserves the right to amend or
    34  repeal such limit, and the state of New York, the  dormitory  authority,
    35  the  city  university,  and  the fund are prohibited from covenanting or
    36  making any other agreements with or for the benefit of bondholders which
    37  might in any way affect such right.
    38    § 42. Subdivision 10-a of section 1680 of the public authorities  law,
    39  as amended by section 39 of part I of chapter 60 of the laws of 2015, is
    40  amended to read as follows:
    41    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    42  two thousand, but notwithstanding any other provision of the law to  the
    43  contrary, the maximum amount of bonds and notes to be issued after March
    44  thirty-first,  two  thousand two, on behalf of the state, in relation to
    45  any locally sponsored community college, shall be eight  hundred  [thir-
    46  ty-eight]  sixty-one million four hundred [fifty-eight] fifty-four thou-
    47  sand dollars. Such amount shall be exclusive of bonds and  notes  issued
    48  to  fund  any reserve fund or funds, costs of issuance and to refund any
    49  outstanding bonds and notes, issued on behalf of the state, relating  to
    50  a locally sponsored community college.
    51    § 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    52  of  1997,  relating  to  the  financing  of  the correctional facilities
    53  improvement fund and the youth facility improvement fund, as amended  by
    54  section  41  of  part I of chapter 60 of the laws of 2015, is amended to
    55  read as follows:

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     1    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
     2  notwithstanding the provisions of section 18 of section 1 of chapter 174
     3  of the laws of 1968, the New York state urban development corporation is
     4  hereby  authorized  to  issue  bonds,  notes and other obligations in an
     5  aggregate principal amount not to exceed six hundred [eleven] forty-sev-
     6  en   million   [two   hundred   fifteen]   sixty-five  thousand  dollars
     7  [($611,215,000)]  ($647,065,000),  which  authorization  increases   the
     8  aggregate principal amount of bonds, notes and other obligations author-
     9  ized by section 40 of chapter 309 of the laws of 1996, and shall include
    10  all bonds, notes and other obligations issued pursuant to chapter 211 of
    11  the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
    12  bonds, notes or other obligations shall be paid to the state, for depos-
    13  it in the youth facilities improvement fund,  to  pay  for  all  or  any
    14  portion  of  the amount or amounts paid by the state from appropriations
    15  or reappropriations made to the office of children and  family  services
    16  from  the  youth  facilities  improvement fund for capital projects. The
    17  aggregate amount of bonds, notes and other obligations authorized to  be
    18  issued  pursuant  to  this  section  shall exclude bonds, notes or other
    19  obligations issued to refund or otherwise repay bonds,  notes  or  other
    20  obligations  theretofore  issued, the proceeds of which were paid to the
    21  state for all or a portion of the amounts expended  by  the  state  from
    22  appropriations  or  reappropriations  made to the office of children and
    23  family services; provided, however, that  upon  any  such  refunding  or
    24  repayment  the  total  aggregate  principal amount of outstanding bonds,
    25  notes or other obligations may be  greater  than  six  hundred  [eleven]
    26  forty-seven  million  [two  hundred fifteen] sixty-five thousand dollars
    27  [($611,215,000)] ($647,065,000), only if the present value of the aggre-
    28  gate debt service of the refunding or repayment bonds,  notes  or  other
    29  obligations  to  be  issued  shall  not  exceed the present value of the
    30  aggregate debt service of the bonds, notes or other obligations so to be
    31  refunded or repaid. For the purposes hereof, the present  value  of  the
    32  aggregate  debt  service  of  the refunding or repayment bonds, notes or
    33  other obligations and of the aggregate debt service of the bonds,  notes
    34  or  other  obligations  so  refunded  or  repaid, shall be calculated by
    35  utilizing the effective interest rate  of  the  refunding  or  repayment
    36  bonds,  notes  or other obligations, which shall be that rate arrived at
    37  by doubling the semi-annual  interest  rate  (compounded  semi-annually)
    38  necessary  to  discount  the  debt  service payments on the refunding or
    39  repayment bonds, notes or other obligations from the payment dates ther-
    40  eof to the date of issue of the refunding or repayment bonds,  notes  or
    41  other  obligations  and  to  the  price  bid including estimated accrued
    42  interest or proceeds received by  the  corporation  including  estimated
    43  accrued interest from the sale thereof.
    44    §  44.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
    45  chapter 392 of the laws of 1973, constituting the New York state medical
    46  care facilities finance agency act, as amended by section 42 of  part  I
    47  of chapter 60 of the laws of 2015, is amended to read as follows:
    48    b.  The  agency shall have power and is hereby authorized from time to
    49  time to issue negotiable bonds and notes in conformity  with  applicable
    50  provisions  of  the uniform commercial code in such principal amount as,
    51  in the opinion of the agency, shall  be  necessary,  after  taking  into
    52  account  other moneys which may be available for the purpose, to provide
    53  sufficient funds to  the  facilities  development  corporation,  or  any
    54  successor agency, for the financing or refinancing of or for the design,
    55  construction, acquisition, reconstruction, rehabilitation or improvement
    56  of  mental  health  services  facilities pursuant to paragraph a of this

        S. 6406--C                         157                        A. 9006--C

     1  subdivision, the payment of interest on mental health services  improve-
     2  ment  bonds and mental health services improvement notes issued for such
     3  purposes, the establishment of reserves to secure such bonds and  notes,
     4  the  cost  or  premium  of  bond insurance or the costs of any financial
     5  mechanisms which may be used to reduce the debt service  that  would  be
     6  payable  by the agency on its mental health services facilities improve-
     7  ment bonds and notes and all other expenditures of the  agency  incident
     8  to  and  necessary or convenient to providing the facilities development
     9  corporation, or any successor agency, with funds for  the  financing  or
    10  refinancing of or for any such design, construction, acquisition, recon-
    11  struction, rehabilitation or improvement and for the refunding of mental
    12  hygiene improvement bonds issued pursuant to section 47-b of the private
    13  housing  finance law; provided, however, that the agency shall not issue
    14  mental health services facilities improvement bonds  and  mental  health
    15  services  facilities  improvement notes in an aggregate principal amount
    16  exceeding [seven] eight billion [seven  hundred  twenty-two]  twenty-one
    17  million  eight hundred fifteen thousand dollars, excluding mental health
    18  services facilities improvement bonds and mental health services facili-
    19  ties improvement  notes  issued  to  refund  outstanding  mental  health
    20  services facilities improvement bonds and mental health services facili-
    21  ties  improvement notes; provided, however, that upon any such refunding
    22  or repayment of mental  health  services  facilities  improvement  bonds
    23  and/or  mental  health  services  facilities improvement notes the total
    24  aggregate principal amount of outstanding mental health services facili-
    25  ties improvement bonds and mental health  facilities  improvement  notes
    26  may  be  greater  than  [seven] eight billion [seven hundred twenty-two]
    27  twenty-one million eight  hundred  fifteen  thousand  dollars  only  if,
    28  except  as  hereinafter  provided with respect to mental health services
    29  facilities bonds and mental health services facilities notes  issued  to
    30  refund mental hygiene improvement bonds authorized to be issued pursuant
    31  to  the  provisions  of section 47-b of the private housing finance law,
    32  the present value of the aggregate debt  service  of  the  refunding  or
    33  repayment  bonds  to be issued shall not exceed the present value of the
    34  aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
    35  purposes hereof, the present values of the aggregate debt service of the
    36  refunding  or  repayment  bonds,  notes  or other obligations and of the
    37  aggregate debt service of the  bonds,  notes  or  other  obligations  so
    38  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
    39  interest rate of the refunding or repayment bonds, notes or other  obli-
    40  gations, which shall be that rate arrived at by doubling the semi-annual
    41  interest  rate (compounded semi-annually) necessary to discount the debt
    42  service payments on the refunding or repayment  bonds,  notes  or  other
    43  obligations  from  the payment dates thereof to the date of issue of the
    44  refunding or repayment bonds, notes or  other  obligations  and  to  the
    45  price  bid  including estimated accrued interest or proceeds received by
    46  the authority including estimated accrued interest from the sale  there-
    47  of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
    48  shall be scheduled to mature over a  term  not  to  exceed  the  average
    49  useful  life, as certified by the facilities development corporation, of
    50  the projects for which the bonds are issued, and in any case  shall  not
    51  exceed  thirty  years  and the maximum maturity of notes or any renewals
    52  thereof shall not exceed five years from the date of the original  issue
    53  of such notes. Notwithstanding the provisions of this section, the agen-
    54  cy  shall have the power and is hereby authorized to issue mental health
    55  services facilities improvement  bonds  and/or  mental  health  services
    56  facilities  improvement  notes  to  refund  outstanding  mental  hygiene

        S. 6406--C                         158                        A. 9006--C

     1  improvement bonds authorized to be issued pursuant to the provisions  of
     2  section  47-b of the private housing finance law and the amount of bonds
     3  issued or outstanding for  such  purposes  shall  not  be  included  for
     4  purposes  of  determining  the  amount  of bonds issued pursuant to this
     5  section. The director of the budget shall allocate the aggregate princi-
     6  pal authorized to be issued by the agency among  the  office  of  mental
     7  health,  office  for  people  with  developmental  disabilities, and the
     8  office of alcoholism and substance abuse services, in consultation  with
     9  their respective commissioners to finance bondable appropriations previ-
    10  ously approved by the legislature.
    11    §  45.  Paragraph  (b) of subdivision 3 of section 1 and clause (B) of
    12  subparagraph (iii) of paragraph (j) of subdivision 4  of  section  1  of
    13  part D of chapter 63 of the laws of 2005 relating to the composition and
    14  responsibilities of the New York state higher education capital matching
    15  grant  board,  as  amended  by section 43 of part I of chapter 60 of the
    16  laws of 2015, is amended to read as follows:
    17    (b) Within amounts appropriated therefor, the board is hereby  author-
    18  ized  and  directed  to award matching capital grants totaling [210] 240
    19  million dollars. Each college shall be eligible for a grant award amount
    20  as determined by the calculations pursuant to subdivision five  of  this
    21  section.  In  addition,  such  colleges shall be eligible to compete for
    22  additional funds pursuant to paragraph (h) of subdivision four  of  this
    23  section.
    24    (B)  The  dormitory authority shall not issue any bonds or notes in an
    25  amount in excess of [210] 240 million dollars for the purposes  of  this
    26  section;  excluding  bonds  or  notes  issued  to  fund one or more debt
    27  service reserve funds, to pay costs of issuance of such bonds, and bonds
    28  or notes issued to refund or otherwise repay such bonds or notes  previ-
    29  ously issued. Except for purposes of complying with the internal revenue
    30  code,  any  interest  on  bond  proceeds  shall only be used to pay debt
    31  service on such bonds.
    32    § 46. Notwithstanding any other provision of law to the contrary, from
    33  the taxes, interest and penalties collected or received by  the  commis-
    34  sioner of taxation and finance in respect of the tax imposed by the city
    35  of  New  York  pursuant  to the authority of section 1210, 1211, 1212 or
    36  1212-A of the tax law,the comptroller shall pay, as directed in  writing
    37  by  the  director of the budget, the sum of $16,666,667 on or before the
    38  twelfth day of each  month  from  such  taxes,  penalties  and  interest
    39  collected  or received by such commissioner during the previous month to
    40  (i) any issuers of state-related debt for the purposes of paying princi-
    41  pal, interest, and related expenses, or for retiring or defeasing  bonds
    42  previously  issued,  including  any  accrued  interest or other expenses
    43  related thereto, for any state-related bonding program or  programs,  or
    44  to  (ii)  a  governmental fund or funds of the state treasury. The comp-
    45  troller shall make the first payment to issuers of state-related debt or
    46  the government funds on the twelfth day of May,  2016  from  the  taxes,
    47  penalties  and  interest collected or received during April 2016 and the
    48  last payment on or before the twelfth day of April, 2019 from the taxes,
    49  penalties  and  interest  collected  or  received  during  March   2019.
    50  Provided,   however,  that  in  no  event  shall  such  payments  exceed
    51  $200,000,000 in any state fiscal year; and provided  further  that  such
    52  payments  shall  not  reduce  the  reasonable costs of such commissioner
    53  under paragraph (b) of section 1261 of the tax law.
    54    § 47. Section 1680-m of  the  public  authorities  law,  as  added  by
    55  section 39 of part T of chapter 57 of the laws of 2007, subdivision 1 as

        S. 6406--C                         159                        A. 9006--C
 
     1  amended by section 47 and subdivision 2 as amended by section 42 of part
     2  JJ of chapter 56 of the laws of 2010, is amended to read as follows:
     3    §  1680-m.  Cultural  education  facilities.  1.  Notwithstanding  the
     4  provisions of any other law to the contrary, the authority and the urban
     5  development corporation are hereby authorized to issue bonds or notes in
     6  one or more  series  for  the  purpose  of  funding  project  costs  for
     7  construction  and  rehabilitation associated with the cultural education
     8  facilities, including but not limited to  acquisition  costs  and  other
     9  state  costs  associated  with  such capital projects, and the St. Regis
    10  Mohawk elementary  school.  The  aggregate  principal  amount  of  bonds
    11  authorized to be issued pursuant to this section shall not exceed seven-
    12  ty-nine million dollars, excluding bonds issued to fund one or more debt
    13  service reserve funds, to pay costs of issuance of such bonds, and bonds
    14  or  notes issued to refund or otherwise repay such bonds or notes previ-
    15  ously issued. Such bonds and notes of the authority and the urban devel-
    16  opment corporation shall not be a debt of the state, and the state shall
    17  not be liable thereon, nor shall they be payable out of any funds  other
    18  than  those  appropriated  by  the state to the authority for principal,
    19  interest, and related expenses pursuant to a service contract  and  such
    20  bonds  and  notes  shall contain on the face thereof a statement to such
    21  effect. Except for purposes of complying with the internal revenue code,
    22  any interest income earned on bond proceeds shall only be  used  to  pay
    23  debt service on such bonds.
    24    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    25  order to assist the authority and the urban development  corporation  in
    26  undertaking the financing for construction and rehabilitation associated
    27  with  the  cultural  education  facilities, including but not limited to
    28  acquisition costs and other state costs  associated  with  such  capital
    29  projects,  and  the  St. Regis Mohawk elementary school, the director of
    30  the budget is hereby authorized  to  enter  into  one  or  more  service
    31  contracts with the authority and the urban development corporation, none
    32  of  which  shall  exceed  thirty  years in duration, upon such terms and
    33  conditions as the director of the budget and the authority and the urban
    34  development corporation agree, so as to annually provide to the authori-
    35  ty and the urban development corporation, in the aggregate, a sum not to
    36  exceed the principal, interest, and related expenses required  for  such
    37  bonds  and  notes.  Any  service  contract entered into pursuant to this
    38  section shall provide that the obligation of the state to pay the amount
    39  therein provided shall not constitute a debt of  the  state  within  the
    40  meaning of any constitutional or statutory provision and shall be deemed
    41  executory  only  to the extent of monies available and that no liability
    42  shall be incurred by the state beyond  the  monies  available  for  such
    43  purpose,  subject  to  annual appropriation by the legislature. Any such
    44  contract or any payments made or to be made thereunder may  be  assigned
    45  and  pledged  by  the authority and the urban development corporation as
    46  security for its bonds and notes, as authorized by this section.
    47    § 48. Subdivision 1 of section 1680-r of the public  authorities  law,
    48  as amended by section 40 of part I of chapter 60 of the laws of 2015, is
    49  amended to read as follows:
    50    1.  Notwithstanding  the  provisions of any other law to the contrary,
    51  the dormitory authority and the urban development corporation are hereby
    52  authorized to issue bonds or notes in one or more series for the purpose
    53  of funding project costs for the capital restructuring financing program
    54  for health care and related facilities licensed pursuant to  the  public
    55  health  law  or  the mental hygiene law and other state costs associated
    56  with such capital projects and the health care  facility  transformation

        S. 6406--C                         160                        A. 9006--C
 
     1  program. The aggregate principal amount of bonds authorized to be issued
     2  pursuant to this section shall not exceed two billion [two] four hundred
     3  million dollars, excluding bonds issued to fund one or more debt service
     4  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
     5  notes issued to refund or otherwise repay such bonds or notes previously
     6  issued. Such bonds and notes of the dormitory authority  and  the  urban
     7  development  corporation shall not be a debt of the state, and the state
     8  shall not be liable thereon, nor shall they be payable out of any  funds
     9  other  than  those  appropriated by the state to the dormitory authority
    10  and the urban  development  corporation  for  principal,  interest,  and
    11  related expenses pursuant to a service contract and such bonds and notes
    12  shall contain on the face thereof a statement to such effect. Except for
    13  purposes  of  complying  with  the  internal  revenue code, any interest
    14  income earned on bond proceeds shall only be used to pay debt service on
    15  such bonds.
    16    § 49. Subdivision 1 of section 49 of section 1 of chapter 174  of  the
    17  laws  of  1968, constituting the New York state urban development corpo-
    18  ration act, as amended by section 44 of part I of chapter 60 of the laws
    19  of 2105, is amended to read as follows:
    20    1. Notwithstanding the provisions of any other law  to  the  contrary,
    21  the  dormitory  authority  and  the corporation are hereby authorized to
    22  issue bonds or notes in one or more series for the  purpose  of  funding
    23  project  costs  for the state and municipal facilities program and other
    24  state costs associated with such capital projects. The aggregate princi-
    25  pal amount of bonds authorized to be issued  pursuant  to  this  section
    26  shall  not  exceed  one  billion  [one]  five hundred [fifty-five] forty
    27  million dollars, excluding bonds issued to fund one or more debt service
    28  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    29  notes issued to refund or otherwise repay such bonds or notes previously
    30  issued.  Such  bonds and notes of the dormitory authority and the corpo-
    31  ration shall not be a debt of the state, and  the  state  shall  not  be
    32  liable  thereon,  nor  shall they be payable out of any funds other than
    33  those appropriated by the state  to  the  dormitory  authority  and  the
    34  corporation  for principal, interest, and related expenses pursuant to a
    35  service contract and such bonds and notes  shall  contain  on  the  face
    36  thereof  a  statement  to  such effect. Except for purposes of complying
    37  with the internal revenue code,  any  interest  income  earned  on  bond
    38  proceeds shall only be used to pay debt service on such bonds.
    39    §  50.  Subdivision 1 of section 51 of section 1 of chapter 174 of the
    40  laws of 1968, constituting the New York state urban  development  corpo-
    41  ration  act,  as added by section 26 of part I of chapter 60 of the laws
    42  of 2015, is amended to read as follows:
    43    1. Notwithstanding the provisions of any other law  to  the  contrary,
    44  the dormitory authority and the urban development corporation are hereby
    45  authorized to issue bonds or notes in one or more series for the purpose
    46  of  funding  project  costs  for  the  nonprofit  infrastructure capital
    47  investment program and other state costs associated  with  such  capital
    48  projects.  The  aggregate  principal  amount  of  bonds authorized to be
    49  issued pursuant to this section shall not  exceed  [fifty]  one  hundred
    50  million dollars, excluding bonds issued to fund one or more debt service
    51  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    52  notes issued to refund or otherwise repay such bonds or notes previously
    53  issued. Such bonds and notes of the dormitory authority  and  the  urban
    54  development  corporation shall not be a debt of the state, and the state
    55  shall not be liable thereon, nor shall they be payable out of any  funds
    56  other  than  those  appropriated by the state to the dormitory authority

        S. 6406--C                         161                        A. 9006--C
 
     1  and the urban  development  corporation  for  principal,  interest,  and
     2  related expenses pursuant to a service contract and such bonds and notes
     3  shall contain on the face thereof a statement to such effect. Except for
     4  purposes  of  complying  with  the  internal  revenue code, any interest
     5  income earned on bond proceeds shall only be used to pay debt service on
     6  such bonds.
     7    § 51. Subdivision 11 of section 5-a of chapter 35 of the laws of  1979
     8  relating  to  appropriating  funds  to the New York state urban develop-
     9  mental corporation, as added by chapter  3  of  the  laws  of  2004,  is
    10  amended to read as follows:
    11    (11)  Financing agreements. The development corporation and the state,
    12  acting through the director of the  budget,  are  hereby  authorized  to
    13  enter into one or more financing agreements with respect to bonds (other
    14  than  hotel bonds) on the terms and conditions as the director of budget
    15  and the development corporation agree, so as to annually provide to  the
    16  development corporation, in the aggregate, a sum not to exceed the annu-
    17  al debt service payments and related expenses (including without limita-
    18  tion financing costs and costs and expenses under ancillary bond facili-
    19  ties and development corporation credit support agreements) required for
    20  the  bonds  secured  by a financing agreement and subject to the limita-
    21  tions of this section.   Copies of any such  agreements,  including  any
    22  amendments  thereto  shall be submitted to the state comptroller and the
    23  chairs of the assembly committee  on  ways  and  means  and  the  senate
    24  finance  committee.    The obligation of the state to fund or to pay the
    25  amounts provided for in any financing  agreement,  as  in  this  section
    26  provided  and as shall be provided in the financing agreement, shall not
    27  constitute a debt of the state within the meaning of any  constitutional
    28  or  statutory provision and shall be deemed executory only to the extent
    29  of monies available; no liability shall be incurred by the state  beyond
    30  the moneys available for such purpose; and such obligation is subject to
    31  annual  appropriation by the legislature. The amounts paid to the devel-
    32  opment corporation pursuant to any such  financing  agreement  shall  be
    33  used  by  it  solely  to  pay  or  provide for debt service payments and
    34  related expenses as  more  particularly  set  forth  in  the  applicable
    35  financing  agreement  (including  rebate  to  the  federal government of
    36  certain earnings, if so required). The bonds for  which  each  financing
    37  agreement  is applicable (a) shall be issued with a final maturity of no
    38  more than thirty years, and (b) may be issued in one or more  series  in
    39  an  aggregate  principal  amount not to exceed the sum of [$350,000,000]
    40  $1,350,000,000, excluding the amount determined  by  resolution  of  the
    41  development  corporation  to  be  required for refunding the outstanding
    42  Jacob K. Javits convention center bonds referred to in  subdivision  one
    43  of  this  section,  and, excluding bonds issued to fund one or more debt
    44  service reserve funds and to pay costs of issuance of  such  bonds,  and
    45  (c)  shall  be  subject  to  the  provisions of article 5-B of the state
    46  finance law. It is hereby determined  and  found  that  the  development
    47  corporation, as a subsidiary of the urban development corporation, is an
    48  authorized  issuer  pursuant  to  [article]  articles 5-C and 5-F of the
    49  state finance law and that the bonds secured by a  financing  agreement,
    50  upon  issuance  in accordance with and subject to the provisions of this
    51  section, may be issued pursuant to such [article] articles.
    52    § 52. This act shall take effect immediately and shall  be  deemed  to
    53  have been in full force and effect on and after April 1, 2016; provided,
    54  however:  (a) the provisions of sections one through eight, and sections
    55  twelve through twenty of this act shall expire March 31, 2017, when upon
    56  such date the provisions of such sections shall be deemed repealed;  (b)

        S. 6406--C                         162                        A. 9006--C

     1  provided, however, that the provisions of section twenty-seven-j of this
     2  act  shall  be  deemed to have been in full force and effect on the same
     3  date and in the same manner as chapter 453 of the  laws  of  2015,  took
     4  effect;  and  (c)  the provisions of section forty-six of this act shall
     5  expire upon the last payment made by the comptroller pursuant to section
     6  forty-six of this act when upon such date the provisions of such section
     7  shall be deemed repealed; provided  that  the  state  comptroller  shall
     8  notify  the  legislative bill drafting commission upon the occurrence of
     9  the last payment provided for in section forty-six of this act in  order
    10  that  the commission may maintain an accurate and timely effective data-
    11  base of the official text of the laws of the state of New York in furth-
    12  erance of effectuating the provisions of section 44 of  the  legislative
    13  law and section 70-b of the public officers law.
    14    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    15  sion,  section  or  part  of  this act shall be adjudged by any court of
    16  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    17  impair,  or  invalidate  the remainder thereof, but shall be confined in
    18  its operation to the clause, sentence, paragraph,  subdivision,  section
    19  or part thereof directly involved in the controversy in which such judg-
    20  ment shall have been rendered. It is hereby declared to be the intent of
    21  the  legislature  that  this  act  would  have been enacted even if such
    22  invalid provisions had not been included herein.
    23    § 3. This act shall take effect immediately  provided,  however,  that
    24  the applicable effective date of Parts A through UU of this act shall be
    25  as specifically set forth in the last section of such Parts.
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