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A03006 Summary:

BILL NOA03006
 
SAME ASSAME AS UNI. S03006
 
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 2025-2026 state fiscal year; relates to contracts for excellence; calculation of state aid to school districts; relates to a statewide dual enrollment policy; extends workforce education; relates to maximum class sizes for special education; extends chapter 82 of the laws of 1995; relates to foundation aid; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; relates to universal pre-kindergarten and the Statewide universal full-day pre-kindergarten (Part A); establishes a universal free school meals program; repeals provisions relating to the community eligibility provision state subsidy (Part B); relates to school policies regarding the use of internet-enabled devices during the school day (Part C); relates to scholarships awarded to part-time students by the New York state higher education services corporation; makes conforming changes; repeals provisions relating to tuition awards for part-time undergraduate students; relates to the New York state part-time scholarship award program (Part D); relates to authorizing the excelsior scholarship cover the cost of tuition in the state university of New York system (Part E); creates a New York opportunity promise scholarship for certain students who matriculated at a SUNY or CUNY community college, are over 25 years of age, have applied for certain tuition assistance programs, are eligible for resident tuition rates, and have not already obtained a postsecondary degree (Part F); defines "real estate appraisal"; makes it an unlawful discriminatory practice for any person to discriminate against any individual in making real estate appraisal services available or to base a real estate appraisal, estimate, or opinion of value on the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income, or familial status of either the prospective owners or occupants of the real property, the present owners or occupants of the real property, or the present owners or occupants of the real properties in the vicinity of the property; makes related provisions (Part G); prohibits collusion through the use of algorithmic devices that enable landlords to unfairly artificially inflate rents or hold units vacant (Part H); relates to security deposit protections for rent regulated tenants (Part I); relates to determining when a dwelling is abandoned (Part J); provides a tax exemption for residential real property transferred to a low-income household or community land trust (Part K); provides for a reduction of taxes pursuant to shelter rent (Part L); expands the applicability of the residential redevelopment inhibited property exemption to all cities, towns and villages in the state (Part M); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part N); extends certain provisions relating to restructuring financing for residential school placements (Part O); authorizes child care support centers which are certified by the office of children and family services to place individuals as substitute caregivers at licensed and registered child care programs (Part P); relates to the provision of public assistance allowances to pregnant people and to public assistance recipients upon the birth of a new child in order to improve maternal and infancy health (Part Q); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part R); relates to the effectiveness of provisions of law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator (Part S); relates to the healthy terminals act; amends certain definitions relating to covered airport location and covered airport workers; provides for the applicable standard rate as meaning the wage and benefit rates designated by the commissioner of labor; makes related provisions (Part T); limits the amount of liquidated damages for certain frequency of pay violations (Part U); relates to civil penalties for violations of certain wage payment provisions (Part V); increases the civil and criminal penalties for violations of child labor laws (Part W); establishes a database for the employment of minors; allows for registration of minors and employers in such database; digitizes the process for minors to apply for employment (Part X); expands certain payments previously made to parents of deceased service members to spouses and minor children of such service members (Part Y); relates to filing complaints with the division of human rights and establishes a discrimination complaints escrow fund (Part Z).
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A03006 Actions:

BILL NOA03006
 
01/22/2025referred to ways and means
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3006                                                  A. 3006
 
                SENATE - ASSEMBLY
 
                                    January 22, 2025
                                       ___________
 
        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
 
        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

        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence; to amend the education law, in relation to foundation  aid;  to
          amend  the education law, in relation to the establishment of a state-
          wide dual enrollment policy; to amend the education law,  in  relation
          to  allowable  transportation expenses; to amend the education law, in
          relation to universal pre-kindergarten  and  the  Statewide  universal
          full-day  pre-kindergarten  program;  to  amend  the education law, in
          relation to state aid adjustments; to  amend  the  education  law,  in
          relation to the apportionment of moneys for school aid; to amend chap-
          ter  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 reimbursement for the 2025-2026 school
          year withholding a portion of employment preparation education aid and
          in relation to the effectiveness thereof; to amend the education  law,
          in  relation  to  maximum  class sizes for special classes for certain
          students with disabilities; to amend chapter 82 of the  laws  of  1995
          amending  the  education  law  and other laws relating to state aid to
          school districts and the appropriation of funds  for  the  support  of
          government,  in  relation  to the effectiveness thereof; providing for
          special apportionment  for  salary  expenses;  providing  for  special
          apportionment  for  public  pension accruals; providing for set-asides
          from the state funds which certain districts are  receiving  from  the
          total  foundation  aid; providing for support of public libraries; and
          to repeal certain provisions of the education law relating  to  calcu-
          lation of school aid (Part A); to amend the education law, in relation
          to  establishing  a universal free school meals program; and to repeal
          section 925 of the education law relating to the community eligibility
          provision state subsidy (Part B);  to  amend  the  education  law,  in
          relation  to student use of internet-enabled devices during the school
          day (Part C); to amend the education law in relation  to  scholarships
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-01-5

        S. 3006                             2                            A. 3006
 
          awarded  to  part-time students by the New York state higher education
          services corporation; to amend  the  education  law,  in  relation  to
          making conforming changes; to repeal section 666 of the education law,
          relating  to  tuition awards for part-time undergraduate students; and
          to repeal section 667-c-1 of the education law  relating  to  the  New
          York  state part-time scholarship award program (Part D); to amend the
          education  law,  in  relation  to  excelsior  scholarship  awarded  to
          students  by  the New York state higher education services corporation
          (Part E); to amend the education law, in relation to  creating  a  New
          York  opportunity promise scholarship (Part F); to amend the executive
          law and the state finance law, in relation to discriminatory practices
          by real estate appraisers and further fair  housing  compliance  (Part
          G);  to  amend  the  general  business law, in relation to prohibiting
          collusion through the use of algorithmic devices that enable landlords
          to unfairly artificially inflate rents or hold units vacant (Part  H);
          to  amend the general obligations law, in relation to extending exist-
          ing security deposit protections to rent regulated tenants  (Part  I);
          to amend the real property actions and proceedings law, in relation to
          determining  when  a dwelling is abandoned (Part J); to amend the real
          property tax law, in relation to a tax exemption for residential  real
          property transferred to a low-income household or community land trust
          (Part  K);  to  amend  the private housing finance law, in relation to
          reduction of taxes pursuant to shelter rent (Part  L);  to  amend  the
          real  property  tax law, in relation to the applicability of the resi-
          dential redevelopment inhibited property exemption to  all  localities
          in  the  state (Part M); to utilize reserves in the mortgage insurance
          fund for various housing purposes (Part N); to amend part N of chapter
          56 of the laws of 2020, amending the social services law  relating  to
          restructuring financing for residential school placements, in relation
          to  the  effectiveness  thereof (Part O); to amend the social services
          law, in relation to certification of child  care  support  centers  to
          place  substitute  caregivers  in  licensed  and registered child care
          programs (Part P); to amend the social services law,  in  relation  to
          improving  maternal and infancy health by increasing public assistance
          allowances to certain persons (Part Q); 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 R); to amend
          part W of chapter 54 of the laws of 2016 amending the social  services
          law relating to the powers and duties  of the  commissioner  of social
          services  relating  to  the  appointment  of  a temporary operator, in
          relation to the effectiveness thereof (Part S);  to  amend  the  labor
          law,  in  relation  to revising the healthy terminals act (Part T); to
          amend the labor law, in relation to  limiting  liquidated  damages  in
          certain  frequency of pay violations (Part U); to amend the labor law,
          in relation to civil penalties for violations  of  certain  provisions
          for  the  payment  of  wages  (Part V); to amend the labor law and the
          penal law, in  relation  to  the  civil  and  criminal  penalties  for
          violations  of  child  labor laws (Part W); to amend the labor law and
          the education law, in relation to  digitizing  the  process  by  which
          minors  apply  for  employment  certificates or working papers; and to
          repeal certain provisions of the labor law relating thereto (Part  X);
          to amend the veterans' services law, in relation to annuity to be paid
          to  parents,  spouses,  and minor children of service members who died
          while on active duty (Part Y); to amend the executive law, in relation
          to the requirements for filing a complaint with the division of  human
          rights;  and to amend the state finance law, in relation to establish-

        S. 3006                             3                            A. 3006
 
          ing a discrimination complaints escrow fund (Part Z); and  to  require
          the  submission of an annual report on the New York state museum (Part
          AA)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement  the state education, labor, housing and family
     3  assistance budget for the 2025-2026 state fiscal year. Each component is
     4  wholly contained within a Part identified as Parts  A  through  AA.  The
     5  effective  date for each particular provision contained within such Part
     6  is set forth in the last section of such  Part.  Any  provision  in  any
     7  section  contained  within  a  Part, including the effective date of the
     8  Part, which makes a reference to a section "of this act", when  used  in
     9  connection  with  that particular component, shall be deemed to mean and
    10  refer to the corresponding section of the Part in  which  it  is  found.
    11  Section  three of this act sets forth the general effective date of this
    12  act.

    13                                   PART A
 
    14    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    15  tion law, as amended by section 1 of part A of chapter 56 of the laws of
    16  2024, is amended to read as follows:
    17    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
    18  district  that  submitted a contract for excellence for the two thousand
    19  eight--two thousand nine school year shall submit a contract for  excel-
    20  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
    21  conformity with the requirements of subparagraph (vi) of paragraph a  of
    22  subdivision  two  of this section unless all schools in the district are
    23  identified as in good standing  and  provided  further  that,  a  school
    24  district  that  submitted a contract for excellence for the two thousand
    25  nine--two thousand ten school year, unless all schools in  the  district
    26  are  identified  as in good standing, shall submit a contract for excel-
    27  lence for the two thousand eleven--two thousand twelve school year which
    28  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    29  graph  a of subdivision two of this section, provide for the expenditure
    30  of an amount which shall be not less than  the  product  of  the  amount
    31  approved  by the commissioner in the contract for excellence for the two
    32  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
    33  district's  gap  elimination  adjustment percentage and provided further
    34  that, a school district that submitted a contract for excellence for the
    35  two thousand eleven--two thousand twelve school year, unless all schools
    36  in the district are identified as  in  good  standing,  shall  submit  a
    37  contract  for excellence for the two thousand twelve--two thousand thir-
    38  teen school  year  which  shall,  notwithstanding  the  requirements  of
    39  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    40  provide for the expenditure of an amount which shall be  not  less  than
    41  the  amount  approved by the commissioner in the contract for excellence
    42  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
    43  provided  further  that, a school district that submitted a contract for
    44  excellence for the two thousand  twelve--two  thousand  thirteen  school
    45  year,  unless  all  schools  in  the  district are identified as in good
    46  standing, shall submit a contract for excellence for  the  two  thousand

        S. 3006                             4                            A. 3006
 
     1  thirteen--two thousand fourteen school year which shall, notwithstanding
     2  the  requirements of subparagraph (vi) of paragraph a of subdivision two
     3  of this section, provide for the expenditure of an amount which shall be
     4  not  less  than  the amount approved by the commissioner in the contract
     5  for excellence for the two thousand twelve--two thousand thirteen school
     6  year and provided further that,  a  school  district  that  submitted  a
     7  contract  for  excellence  for  the  two thousand thirteen--two thousand
     8  fourteen school year, unless all schools in the district are  identified
     9  as  in good standing, shall submit a contract for excellence for the two
    10  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    11  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    12  subdivision two of this section,  provide  for  the  expenditure  of  an
    13  amount  which  shall be not less than the amount approved by the commis-
    14  sioner in the contract for excellence for the two thousand thirteen--two
    15  thousand fourteen school year;  and  provided  further  that,  a  school
    16  district  that  submitted a contract for excellence for the two thousand
    17  fourteen--two thousand fifteen school year, unless all  schools  in  the
    18  district are identified as in good standing, shall submit a contract for
    19  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    20  year which shall, notwithstanding the requirements of subparagraph  (vi)
    21  of  paragraph  a  of  subdivision  two  of this section, provide for the
    22  expenditure of an amount  which  shall  be  not  less  than  the  amount
    23  approved  by the commissioner in the contract for excellence for the two
    24  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    25  further  that a school district that submitted a contract for excellence
    26  for the two thousand fifteen--two thousand sixteen school  year,  unless
    27  all  schools  in  the district are identified as in good standing, shall
    28  submit a contract for excellence for the two thousand sixteen--two thou-
    29  sand seventeen school year which shall, notwithstanding the requirements
    30  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    31  provide  for  the  expenditure of an amount which shall be not less than
    32  the amount approved by the commissioner in the contract  for  excellence
    33  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    34  provided further that, a school district that submitted a  contract  for
    35  excellence  for  the two thousand sixteen--two thousand seventeen school
    36  year, unless all schools in the  district  are  identified  as  in  good
    37  standing,  shall  submit  a contract for excellence for the two thousand
    38  seventeen--two thousand eighteen school year which shall,  notwithstand-
    39  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    40  two of this section, provide for the  expenditure  of  an  amount  which
    41  shall  be  not  less than the amount approved by the commissioner in the
    42  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    43  seventeen  school year; and provided further that a school district that
    44  submitted a contract for excellence for the two thousand  seventeen--two
    45  thousand  eighteen  school  year, unless all schools in the district are
    46  identified as in good standing, shall submit a contract  for  excellence
    47  for  the  two thousand eighteen--two thousand nineteen school year which
    48  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    49  graph  a of subdivision two of this section, provide for the expenditure
    50  of an amount which shall be not less than the  amount  approved  by  the
    51  commissioner  in the contract for excellence for the two thousand seven-
    52  teen--two thousand eighteen school year; and provided  further  that,  a
    53  school  district  that  submitted  a contract for excellence for the two
    54  thousand eighteen--two thousand nineteen school year, unless all schools
    55  in the district are identified as  in  good  standing,  shall  submit  a
    56  contract  for  excellence  for  the  two thousand nineteen--two thousand

        S. 3006                             5                            A. 3006
 
     1  twenty school year which  shall,  notwithstanding  the  requirements  of
     2  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
     3  provide for the expenditure of an amount which shall be  not  less  than
     4  the  amount  approved by the commissioner in the contract for excellence
     5  for the two thousand eighteen--two thousand nineteen  school  year;  and
     6  provided  further  that, a school district that submitted a contract for
     7  excellence for the two thousand  nineteen--two  thousand  twenty  school
     8  year,  unless  all  schools  in  the  district are identified as in good
     9  standing, shall submit a contract for excellence for  the  two  thousand
    10  twenty--two thousand twenty-one school year which shall, notwithstanding
    11  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    12  of this section, provide for the expenditure of an amount which shall be
    13  not less than the amount approved by the commissioner  in  the  contract
    14  for excellence for the two thousand nineteen--two thousand twenty school
    15  year;  and  provided  further  that,  a school district that submitted a
    16  contract for excellence for the two thousand twenty--two thousand  twen-
    17  ty-one school year, unless all schools in the district are identified as
    18  in  good  standing,  shall  submit a contract for excellence for the two
    19  thousand twenty-one--two thousand twenty-two school  year  which  shall,
    20  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    21  subdivision two of this section,  provide  for  the  expenditure  of  an
    22  amount  which  shall be not less than the amount approved by the commis-
    23  sioner in the contract for excellence for the two  thousand  twenty--two
    24  thousand  twenty-one  school  year;  and provided further that, a school
    25  district that submitted a contract for excellence for the  two  thousand
    26  twenty-one--two  thousand  twenty-two school year, unless all schools in
    27  the district are identified as in good standing, shall submit a contract
    28  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    29  three  school  year  which  shall,  notwithstanding  the requirements of
    30  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    31  provide  for  the  expenditure of an amount which shall be not less than
    32  the amount approved by the commissioner in the contract  for  excellence
    33  for  the  two  thousand twenty-one--two thousand twenty-two school year;
    34  and provided further that, a school district that submitted  a  contract
    35  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
    36  three school year, unless all schools in the district are identified  as
    37  in  good  standing,  shall  submit a contract for excellence for the two
    38  thousand twenty-three--two thousand twenty-four school year which shall,
    39  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    40  subdivision  two  of  this  section,  provide  for the expenditure of an
    41  amount which shall be not less than the amount approved by  the  commis-
    42  sioner  in the contract for excellence for the two thousand twenty-two--
    43  two thousand twenty-three school year;  and  provided  further  that,  a
    44  school  district  that  submitted  a contract for excellence for the two
    45  thousand twenty-three--two thousand twenty-four school year, unless  all
    46  schools in the district are identified as in good standing, shall submit
    47  a contract for excellence for the two thousand twenty-four--two thousand
    48  twenty-five school year which shall, notwithstanding the requirements of
    49  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    50  provide for the expenditure of an amount which shall be  not  less  than
    51  the  amount  approved by the commissioner in the contract for excellence
    52  for the two thousand twenty-three--two thousand twenty-four school year;
    53  and provided further that a school district that  submitted  a  contract
    54  for  excellence  for  the two thousand twenty-four--two thousand twenty-
    55  five school year, unless all schools in the district are  identified  as
    56  in  good  standing,  shall  submit a contract for excellence for the two

        S. 3006                             6                            A. 3006
 
     1  thousand twenty-five--two thousand twenty-six school year  which  shall,
     2  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
     3  subdivision two of this section,  provide  for  the  expenditure  of  an
     4  amount  which  shall be not less than the amount approved by the commis-
     5  sioner in the contract for excellence for the two thousand  twenty-four-
     6  -two  thousand  twenty-five  school  year; provided, however, that, in a
     7  city school district in a city having a population  of  one  million  or
     8  more, notwithstanding the requirements of subparagraph (vi) of paragraph
     9  a  of subdivision two of this section, the contract for excellence shall
    10  provide for the expenditure as set forth in subparagraph  (v)  of  para-
    11  graph  a of subdivision two of this section.  For purposes of this para-
    12  graph, the "gap elimination adjustment percentage" shall  be  calculated
    13  as the sum of one minus the quotient of the sum of the school district's
    14  net gap elimination adjustment for two thousand ten--two thousand eleven
    15  computed  pursuant  to  chapter  fifty-three of the laws of two thousand
    16  ten, making appropriations for  the  support  of  government,  plus  the
    17  school  district's  gap elimination adjustment for two thousand eleven--
    18  two thousand twelve as computed pursuant to chapter fifty-three  of  the
    19  laws  of  two  thousand eleven, making appropriations for the support of
    20  the local assistance budget, including support for general  support  for
    21  public  schools, divided by the total aid for adjustment computed pursu-
    22  ant to chapter fifty-three of the laws of two  thousand  eleven,  making
    23  appropriations  for  the  local assistance budget, including support for
    24  general support for public schools. Provided, further, that such  amount
    25  shall  be expended to support and maintain allowable programs and activ-
    26  ities approved in the two thousand nine--two thousand ten school year or
    27  to support new or expanded allowable  programs  and  activities  in  the
    28  current year.
    29    § 2. Paragraph p of subdivision 1 of section 3602 of the education law
    30  is REPEALED.
    31    § 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
    32  q  of  subdivision 1 of section 3602 of the education law, as amended by
    33  section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
    34  read as follows:
    35    "Poverty count" shall mean the sum  of  the  product  of  the  [lunch]
    36  economically   disadvantaged  student  count  multiplied  by  sixty-five
    37  percent, plus the product of the  [census]  SAIPE  count  multiplied  by
    38  sixty-five percent, where:
    39    (i) ["Lunch] "Economically disadvantaged student count" shall mean the
    40  product  of  the  public school enrollment of the school district on the
    41  date enrollment was counted in accordance with this subdivision for  the
    42  base  year  multiplied by the three-year average [free and reduced price
    43  lunch percent] economically disadvantaged rate; and
    44    (ii) ["Census] "SAIPE count" shall mean  the  product  of  the  public
    45  school  enrollment  of  the  school  district on the date enrollment was
    46  counted in accordance with this subdivision for the base year multiplied
    47  by the [census 2000 poverty] three-year average small  area  income  and
    48  poverty estimate rate.
    49    § 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
    50  of section 3602 of the education law are REPEALED.
    51    §  5.  Paragraph  kk of subdivision 1 of section 3602 of the education
    52  law is REPEALED.
    53    § 6. Paragraph ll of subdivision 1 of section 3602  of  the  education
    54  law,  as  added  by  section 11-a of part A of chapter 56 of the laws of
    55  2021, is renumbered subparagraph (iv) of paragraph q of such subdivision
    56  1 and is amended to read as follows:

        S. 3006                             7                            A. 3006
 
     1    (iv) (1) "Economically disadvantaged count"  shall  be  equal  to  the
     2  unduplicated  count  of  all  children registered to receive educational
     3  services in grades kindergarten through twelve,  including  children  in
     4  ungraded  programs  who participate in, or whose family participates in,
     5  economic  assistance  programs,  such as the free or reduced-price lunch
     6  programs, Social Security Insurance, Supplemental  Nutrition  Assistance
     7  Program,  Foster  Care, Refugee Assistance (cash or medical assistance),
     8  Earned Income Tax Credit (EITC), Home Energy Assistance Program  (HEAP),
     9  Safety  Net  Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
    10  rary Assistance for Needy Families (TANF).
    11    (2) "Economically disadvantaged rate" shall mean the quotient  arrived
    12  at  when dividing the economically disadvantaged count by public enroll-
    13  ment as computed pursuant to subparagraph one of  paragraph  n  of  this
    14  subdivision.
    15    (3)  "Three-year  average economically disadvantaged rate" shall equal
    16  the quotient of: (i) the sum of the economically disadvantaged count for
    17  the school year prior to the base year, plus such number for the  school
    18  year  two  years prior to the base year, plus such number for the school
    19  year three years prior to the base year; divided  by  (ii)  the  sum  of
    20  enrollment  as  computed  pursuant to subparagraph one of paragraph n of
    21  this subdivision [one of this section] for the school year prior to  the
    22  base  year,  plus such number for the school year two years prior to the
    23  base year, plus such number for the school year three years prior to the
    24  base year, [computed] rounded to four decimals [without rounding].
    25    § 7. Paragraph mm of subdivision 1 of section 3602  of  the  education
    26  law  is renumbered subparagraph (iii) of paragraph q of such subdivision
    27  1 and is amended to read as follows:
    28    (iii) "Three-year average small area income and poverty estimate rate"
    29  shall equal the quotient of: (i) the sum of the number of  persons  aged
    30  five  to  seventeen  within the school district, based on the small area
    31  income and poverty  estimates  produced  by  the  United  States  census
    32  bureau,  whose  families  had  incomes  below  the poverty level for the
    33  calendar year prior to the year in which the base year began, plus  such
    34  number  for  the  calendar year two years prior to the year in which the
    35  base year began, plus such number for  the  calendar  year  three  years
    36  prior  to the year in which the base year began; divided by (ii) the sum
    37  of the total number of persons aged five to seventeen within the  school
    38  district,  based  on such census bureau estimates, for the year prior to
    39  the year in which the base year began, plus such total  number  for  the
    40  year two years prior to the year in which the base year began, plus such
    41  total  number  for  the  year three years prior to the year in which the
    42  base year began, [computed] rounded to four decimals [without rounding].
    43    § 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
    44  the education law, as amended by section 13 of part B of chapter  57  of
    45  the laws of 2008, is amended to read as follows:
    46    (2)  a  value computed by subtracting from one the product obtained by
    47  multiplying the combined wealth ratio by sixty-four hundredths, provided
    48  however, that for the purpose of computing the state sharing  ratio  for
    49  total  foundation aid, the tier two value shall be computed by subtract-
    50  ing from one the product obtained when multiplying the  combined  wealth
    51  ratio  by  six  hundred twenty-eight thousandths (0.628) and such values
    52  shall be computed using the combined wealth ratio for  total  foundation
    53  aid in place of the combined wealth ratio; or
    54    §  9. The closing paragraph of paragraph g of subdivision 3 of section
    55  3602 of the education law, as amended by section 8 of part A of  chapter
    56  56 of the laws of 2024, is amended to read as follows:

        S. 3006                             8                            A. 3006

     1    Such  result  shall  be expressed as a decimal carried to three places
     2  without rounding, but shall not be greater than  ninety  hundredths  nor
     3  less than zero, provided, however, that for the purpose of computing the
     4  state  sharing  ratio for total foundation aid in the two thousand twen-
     5  ty-four--two  thousand  twenty-five  school  year[ and thereafter], such
     6  result shall not be greater than ninety-one hundredths (0.91), and  that
     7  for  the  purpose of computing the state sharing ratio for total founda-
     8  tion aid in the two thousand twenty-five--two thousand twenty-six school
     9  year and thereafter, such result shall not be greater than  ninety-three
    10  hundredths (0.93).
    11    § 10. Subdivision 4 of section 3602 of the education law is amended by
    12  adding a new paragraph f to read as follows:
    13    f.  Foundation  aid payable in the two thousand twenty-five--two thou-
    14  sand twenty-six school year. Notwithstanding any provision of law to the
    15  contrary, foundation aid payable in the  two  thousand  twenty-five--two
    16  thousand twenty-six school year shall equal the greater of total founda-
    17  tion  aid  or the product of one and two hundredths (1.02) multiplied by
    18  the foundation aid base.
    19    § 11.  The education law is amended by adding a  new  section  319  to
    20  read as follows:
    21    §  319.  Establishment  of  dual enrollment policy. 1. For purposes of
    22  this section:
    23    (a) "Dual enrollment" means any program that is a partnership  between
    24  at  least  one  school  and at least one institution of higher education
    25  that provides high school students with the  opportunity  to  enroll  in
    26  college  courses  and  earn transcripted and transferable college credit
    27  from the institution(s) while  completing  high  school  graduation  and
    28  diploma requirements. Dual enrollment is the umbrella under which exist-
    29  ing  programs  like  pathways  in  technology early college high schools
    30  (P-Tech), smart scholars, and smart transfer fall.
    31    (b) "School" means a charter school, a school district, or a board  of
    32  cooperative educational services.
    33    2. The commissioner shall adopt a statewide policy outlining the defi-
    34  nition  of dual enrollment programs and guidelines for participation and
    35  data reporting in New York state.
    36    3. The policy established pursuant to subdivision two of this  section
    37  shall  require  that  schools and higher education institutions annually
    38  submit to the department data demonstrating participation and success in
    39  dual enrollment programs in a form and manner determined by the  commis-
    40  sioner  pursuant  to  subdivision  five  of this section. The department
    41  shall annually publish such data on its public  website  no  later  than
    42  January first in the school year following the school year for which the
    43  data is applicable.
    44    4.  The policy established pursuant to subdivision two of this section
    45  shall require that, by September first,  two  thousand  twenty-six,  all
    46  schools participating in a dual enrollment program have on file with the
    47  department  a  partnership  agreement  with the institution(s) of higher
    48  education with which they are  partnered.  Such  partnership  agreements
    49  shall  establish  the scope and terms of the dual enrollment program, as
    50  well as a protocol for  collecting,  sharing,  and  reporting  any  data
    51  required  by  the  commissioner  pursuant  to  this section. Partnership
    52  agreements shall be consistent with the policy adopted  by  the  commis-
    53  sioner  pursuant  to  subdivision two of this section, and shall contain
    54  such other provisions as may be required by the commissioner.  The part-
    55  nership agreements shall be updated and resubmitted no  less  than  once
    56  every  five  years.  The  commissioner  shall  develop and make publicly

        S. 3006                             9                            A. 3006
 
     1  available the required partnership agreement form for schools and higher
     2  education institutions no later than January first, two  thousand  twen-
     3  ty-six.
     4    5.  On  or  before January first, two thousand twenty-six, the commis-
     5  sioner, the chancellor of the state university of New York, the chancel-
     6  lor of the city university of New York, and the governor  shall  jointly
     7  establish data points to be submitted pursuant to this section.
     8    §  12.  Subdivision 4 of section 3627 of the education law, as amended
     9  by section 13-a of part A of chapter 56 of the laws of 2024, is  amended
    10  to read as follows:
    11    4.  Notwithstanding  any  other  provision of law to the contrary, any
    12  expenditures for transportation provided pursuant to this section in the
    13  two thousand thirteen--two thousand fourteen school year and  thereafter
    14  and  otherwise  eligible  for transportation aid pursuant to subdivision
    15  seven of section thirty-six hundred two of this article shall be consid-
    16  ered approved transportation expenses eligible for  transportation  aid,
    17  provided  further that for the two thousand thirteen--two thousand four-
    18  teen school year such aid shall be limited to eight million one  hundred
    19  thousand dollars and for the two thousand fourteen--two thousand fifteen
    20  school  year  such aid shall be limited to the sum of twelve million six
    21  hundred thousand dollars plus the base amount and for the  two  thousand
    22  fifteen--two  thousand  sixteen  school  year through two thousand eigh-
    23  teen--two thousand nineteen school year such aid shall be limited to the
    24  sum of eighteen million eight hundred fifty thousand  dollars  plus  the
    25  base  amount  and  for  the  two  thousand nineteen--two thousand twenty
    26  school year such aid shall be limited to the  sum  of  nineteen  million
    27  three  hundred  fifty  thousand dollars plus the base amount and for the
    28  two thousand twenty--two thousand twenty-one school year such aid  shall
    29  be  limited  to the sum of nineteen million eight hundred fifty thousand
    30  dollars plus the base amount and for the  two  thousand  twenty-two--two
    31  thousand  twenty-three  school year such aid shall be limited to the sum
    32  of twenty-two million three hundred fifty thousand dollars plus the base
    33  amount and for the two thousand twenty-three--two  thousand  twenty-four
    34  school  year such aid shall be limited to the sum of twenty-four million
    35  eight hundred fifty thousand dollars plus the base amount  and  for  the
    36  two  thousand  twenty-four--two  thousand  twenty-five  school year [and
    37  thereafter] such aid shall be limited to the sum of twenty-nine  million
    38  eight  hundred  fifty  thousand dollars plus the base amount and for the
    39  two thousand twenty-five--two thousand twenty-six school year and there-
    40  after such aid shall be limited to the product of (i) the maximum amount
    41  of aid authorized by this subdivision for the base year,  and  (ii)  the
    42  sum  of  one and the percentage increase in  the consumer price index as
    43  defined in paragraph hh of subdivision one of section thirty-six hundred
    44  two of this article.  For purposes of this  subdivision,  "base  amount"
    45  means  the  amount of transportation aid paid to the school district for
    46  expenditures incurred in the two thousand twelve--two thousand  thirteen
    47  school  year  for  transportation  that would have been eligible for aid
    48  pursuant to this section had this section been in effect in such  school
    49  year, except that subdivision six of this section shall be deemed not to
    50  have been in effect. And provided further that the school district shall
    51  continue to annually expend for the transportation described in subdivi-
    52  sion  one  of  this  section at least the expenditures used for the base
    53  amount.
    54    § 13. Paragraph i of subdivision 12 of section 3602 of  the  education
    55  law,  as  amended  by  section 14 of part A of chapter 56 of the laws of
    56  2024, is amended to read as follows:

        S. 3006                            10                            A. 3006
 
     1    i. For the two thousand  twenty-one--two  thousand  twenty-two  school
     2  year  through  the  two thousand [twenty-four] twenty-five--two thousand
     3  [twenty-five] twenty-six school year,  each  school  district  shall  be
     4  entitled  to  an  apportionment  equal  to the amount set forth for such
     5  school  district  as  "ACADEMIC  ENHANCEMENT" under the heading "2020-21
     6  ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
     7  commissioner  in  support of the budget for the two thousand twenty--two
     8  thousand twenty-one school year and entitled "SA202-1", and such  appor-
     9  tionment  shall  be deemed to satisfy the state obligation to provide an
    10  apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
    11  hundred forty-one of this article.
    12    §  14.  The opening paragraph of subdivision 16 of section 3602 of the
    13  education law, as amended by section 15 of part A of chapter 56  of  the
    14  laws of 2024, is amended to read as follows:
    15    Each  school  district  shall  be  eligible  to receive a high tax aid
    16  apportionment in the two thousand eight--two thousand nine school  year,
    17  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
    18  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    19  tax aid apportionment or (ii) the product of the apportionment  received
    20  by  the school district pursuant to this subdivision in the two thousand
    21  seven--two thousand eight school year,  multiplied  by  the  due-minimum
    22  factor,  which shall equal, for districts with an alternate pupil wealth
    23  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
    24  section that is less than two, seventy percent (0.70), and for all other
    25  districts,  fifty percent (0.50). Each school district shall be eligible
    26  to receive a high tax aid apportionment in the  two  thousand  nine--two
    27  thousand  ten  through two thousand twelve--two thousand thirteen school
    28  years in the amount set forth for such school district as "HIGH TAX AID"
    29  under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
    30  listing  produced  by  the commissioner in support of the budget for the
    31  two thousand nine--two thousand ten school year and  entitled  "SA0910".
    32  Each  school district shall be eligible to receive a high tax aid appor-
    33  tionment in the two thousand thirteen--two thousand fourteen through two
    34  thousand [twenty-four] twenty-five--two thousand  [twenty-five]  twenty-
    35  six  school  year  equal  to the greater of (1) the amount set forth for
    36  such school district as "HIGH TAX AID" under the heading  "2008-09  BASE
    37  YEAR  AIDS"  in  the school aid computer listing produced by the commis-
    38  sioner in support of the budget for the two thousand nine--two  thousand
    39  ten  school  year  and entitled "SA0910" or (2) the amount set forth for
    40  such school district as "HIGH TAX AID" under the heading "2013-14  ESTI-
    41  MATED  AIDS"  in the school aid computer listing produced by the commis-
    42  sioner in support of the executive budget for the  2013-14  fiscal  year
    43  and entitled "BT131-4".
    44    §  15.  Subdivision  16  of  section  3602-ee of the education law, as
    45  amended by section 18 of part A of chapter 56 of the laws  of  2024,  is
    46  amended to read as follows:
    47    16.  The authority of the department to administer the universal full-
    48  day pre-kindergarten program shall expire June thirtieth,  two  thousand
    49  [twenty-five]  twenty-six;  provided that the program shall continue and
    50  remain in full effect.
    51    § 16. Paragraph a of subdivision 5 of section 3604  of  the  education
    52  law,  as  amended by chapter 161 of the laws of 2005, is amended to read
    53  as follows:
    54    a. State aid adjustments. All errors or omissions in the apportionment
    55  shall be corrected by the commissioner. Whenever a school  district  has
    56  been  apportioned  less  money  than  that  to which it is entitled, the

        S. 3006                            11                            A. 3006
 
     1  commissioner may allot to such district the balance to which it is enti-
     2  tled. Whenever a school district has been apportioned  more  money  than
     3  that  to which it is entitled, the commissioner may, by an order, direct
     4  such  moneys  to be paid back to the state to be credited to the general
     5  fund local assistance account for state  aid  to  the  schools,  or  may
     6  deduct  such  amount  from  the  next  apportionment  to be made to said
     7  district, provided, however, that, upon notification of excess  payments
     8  of  aid for which a recovery must be made by the state through deduction
     9  of future aid payments, a school district may request that  such  excess
    10  payments  be  recovered  by  deducting  such  excess  payments  from the
    11  payments due to such school district and payable in the month of June in
    12  (i) the school year in which such notification was received and (ii) the
    13  two succeeding school years, provided further that  there  shall  be  no
    14  interest  penalty  assessed  against  such  district or collected by the
    15  state. Such request shall be made to the commissioner in  such  form  as
    16  the  commissioner  shall  prescribe, and shall be based on documentation
    17  that the total amount to be recovered is in excess of one percent of the
    18  district's total general fund  expenditures  for  the  preceding  school
    19  year.  The  amount to be deducted in the first year shall be the greater
    20  of (i) the sum of the amount of such excess payments that is  recognized
    21  as  a liability due to other governments by the district for the preced-
    22  ing school year and the positive remainder of the district's  unreserved
    23  fund  balance at the close of the preceding school year less the product
    24  of the district's total general  fund  expenditures  for  the  preceding
    25  school year multiplied by five percent, or (ii) one-third of such excess
    26  payments.  The amount to be recovered in the second year shall equal the
    27  lesser of the remaining amount of such excess payments to  be  recovered
    28  or  one-third  of such excess payments, and the remaining amount of such
    29  excess payments shall be recovered in the third year.  Provided  further
    30  that,  notwithstanding  any  other  provisions  of this subdivision, any
    31  pending payment of moneys due to such district as a prior  year  adjust-
    32  ment  payable pursuant to paragraph c of this subdivision for aid claims
    33  that had been previously paid as current year aid payments in excess  of
    34  the  amount  to which the district is entitled and for which recovery of
    35  excess payments is to be made  pursuant  to  this  paragraph,  shall  be
    36  reduced  at  the  time  of  actual  payment by any remaining unrecovered
    37  balance of such excess payments, and the remaining scheduled  deductions
    38  of  such  excess payments pursuant to this paragraph shall be reduced by
    39  the commissioner to reflect the amount so recovered.  [The  commissioner
    40  shall certify no payment to a school district based on a claim submitted
    41  later  than three years after the close of the school year in which such
    42  payment was first to be made.  For claims for which payment is first  to
    43  be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
    44  the commissioner shall certify no payment to a school district based  on
    45  a  claim  submitted  later than two years after the close of such school
    46  year.] For claims for which payment is first to be made [in the nineteen
    47  hundred ninety-seven--ninety-eight school year and thereafter] prior  to
    48  the  two thousand twenty-four--two thousand twenty-five school year, the
    49  commissioner shall certify no payment to a school district  based  on  a
    50  claim submitted later than one year after the close of such school year.
    51  For  claims  for  which  payment is first to be made in the two thousand
    52  twenty-four--two thousand twenty-five school year  and  thereafter,  the
    53  commissioner  shall  certify  no payment to a school district based on a
    54  claim submitted later than the first of November of  such  school  year.
    55  Provided,  however,  no  payments  shall be barred or reduced where such
    56  payment is required as a result of a final audit of  the  state.  It  is

        S. 3006                            12                            A. 3006
 
     1  further  provided  that[, until June thirtieth, nineteen hundred ninety-
     2  six, the commissioner may grant a waiver from  the  provisions  of  this
     3  section  for any school district if it is in the best educational inter-
     4  ests of the district pursuant to guidelines developed by the commission-
     5  er  and  approved  by the director of the budget] for any apportionments
     6  provided pursuant to sections seven hundred one, seven  hundred  eleven,
     7  seven  hundred  fifty-one,  seven  hundred fifty-three, nineteen hundred
     8  fifty, thirty-six hundred  two,  thirty-six  hundred  two-b,  thirty-six
     9  hundred  two-c,  thirty-six hundred two-e and forty-four hundred five of
    10  this chapter for the two thousand twenty-four--two thousand  twenty-five
    11  and  two thousand twenty-five--two thousand twenty-six school years, the
    12  commissioner shall certify no payment to a school district,  other  than
    13  payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of
    14  section  thirty-six  hundred  two of this part, in excess of the payment
    15  computed based on an electronic data file used to produce the school aid
    16  computer listing produced by the commissioner in support of  the  execu-
    17  tive  budget  request  submitted  for  the two thousand twenty-five--two
    18  thousand twenty-six  state  fiscal  year  and  entitled  "BT252-6",  and
    19  further  provided  that  for  any  apportionments  provided  pursuant to
    20  sections seven hundred one, seven hundred eleven, seven  hundred  fifty-
    21  one,  seven  hundred  fifty-three,  nineteen  hundred  fifty, thirty-six
    22  hundred two, thirty-six hundred two-b, thirty-six hundred  two-c,  thir-
    23  ty-six hundred two-e and forty-four hundred five of this chapter for the
    24  two thousand twenty-six--two thousand twenty-seven school year and ther-
    25  eafter,  the commissioner shall certify no payment to a school district,
    26  other than payments pursuant to subdivisions six-a, eleven, thirteen and
    27  fifteen of section thirty-six hundred two of this part, in excess of the
    28  payment computed based on an electronic data file used  to  produce  the
    29  school  aid  computer listing produced by the commissioner in support of
    30  the executive budget request submitted for  the  state  fiscal  year  in
    31  which the school year commences.
    32    § 17. The opening paragraph of section 3609-a of the education law, as
    33  amended  by  section  23 of part A of chapter 56 of the laws of 2024, is
    34  amended to read as follows:
    35    For aid payable in the two thousand seven--two thousand  eight  school
    36  year  through  the  two  thousand  twenty-four--two thousand twenty-five
    37  school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
    38  of  one  hundred  percent  of  the  respective amount set forth for each
    39  school district as payable pursuant to this section in  the  school  aid
    40  computer  listing  for  the current year produced by the commissioner in
    41  support of the budget which includes the appropriation for  the  general
    42  support  for  public schools for the prescribed payments and individual-
    43  ized payments due prior to April first for the  current  year  plus  the
    44  apportionment  payable during the current school year pursuant to subdi-
    45  vision six-a and subdivision fifteen of section thirty-six  hundred  two
    46  of  this  part  minus  any  reductions  to current year aids pursuant to
    47  subdivision seven of section thirty-six hundred four of this part or any
    48  deduction from  apportionment  payable  pursuant  to  this  chapter  for
    49  collection  of a school district basic contribution as defined in subdi-
    50  vision eight of section forty-four hundred one of this chapter, less any
    51  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
    52  vision  four  of section ninety-two-c of the state finance law, less any
    53  grants provided pursuant to subdivision five  of  section  ninety-seven-
    54  nnnn  of  the  state  finance  law, less any grants provided pursuant to
    55  subdivision twelve of section thirty-six hundred forty-one of this arti-
    56  cle, or (ii) the apportionment calculated by the commissioner  based  on

        S. 3006                            13                            A. 3006

     1  data  on  file  at  the time the payment is processed; provided however,
     2  that for the purposes of any payments  made  pursuant  to  this  section
     3  prior  to  the  first  business  day of June of the current year, moneys
     4  apportioned  shall not include any aids payable pursuant to subdivisions
     5  six and fourteen, if applicable, of section thirty-six  hundred  two  of
     6  this  part  as  current  year  aid for debt service on bond anticipation
     7  notes and/or bonds first issued in the current year or any aids  payable
     8  for  full-day  kindergarten for the current year pursuant to subdivision
     9  nine of section thirty-six hundred two of this part. The definitions  of
    10  "base  year"  and  "current  year"  as  set  forth in subdivision one of
    11  section thirty-six hundred two of this part shall apply to this section.
    12  [For aid payable in the two thousand twenty-four--two  thousand  twenty-
    13  five school year, reference to such "school aid computer listing for the
    14  current  year"  shall  mean  the  printouts entitled "SA242-5".] For aid
    15  payable in the two thousand twenty-five--two thousand twenty-six  school
    16  year  and thereafter, "moneys apportioned" shall mean the lesser of: (i)
    17  the sum of one hundred percent of the respective amount  set  forth  for
    18  each  school  district as payable pursuant to this section in the school
    19  aid computer listing for the current year produced by  the  commissioner
    20  in  support of the executive budget request which includes the appropri-
    21  ation for the general support for  public  schools  for  the  prescribed
    22  payments  and  individualized  payments due prior to April first for the
    23  current year plus the apportionment payable during  the  current  school
    24  year  pursuant  to  subdivisions six-a and fifteen of section thirty-six
    25  hundred two of this part minus  any  reductions  to  current  year  aids
    26  pursuant to subdivision seven of section thirty-six hundred four of this
    27  part  or any deduction from apportionment payable pursuant to this chap-
    28  ter for collection of a school district basic contribution as defined in
    29  subdivision eight of section forty-four hundred  one  of  this  chapter,
    30  less  any  grants provided pursuant to subparagraph two-a of paragraph b
    31  of subdivision four of section ninety-two-c of the  state  finance  law,
    32  less  any  grants provided pursuant to subdivision five of section nine-
    33  ty-seven-nnnn of the state finance law, less any grants provided  pursu-
    34  ant  to  subdivision  twelve  of section thirty-six hundred forty-one of
    35  this article, or (ii) the apportionment calculated by  the  commissioner
    36  based  on  data  on  file at the time the payment is processed; provided
    37  however, that for the purposes of any payments  made  pursuant  to  this
    38  section  prior  to  the  first business day of June of the current year,
    39  moneys apportioned shall not include any aids payable pursuant to subdi-
    40  visions six and fourteen, if applicable, of section  thirty-six  hundred
    41  two  of  this  part  as current year aid for debt service on bond antic-
    42  ipation notes and/or bonds first issued in the current year or any  aids
    43  payable  for  full-day  kindergarten  for  the  current year pursuant to
    44  subdivision nine of section thirty-six hundred two of this part. For aid
    45  payable in the two thousand twenty-five--two thousand twenty-six  school
    46  year,  reference  to  such  "school aid computer listing for the current
    47  year" shall mean the printouts entitled "BT252-6".
    48    § 18. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
    49  relating  to funding a program for work force education conducted by the
    50  consortium for worker education in New York city, as amended by  section
    51  27  of  part  A of chapter 56 of the laws of 2024, is amended to read as
    52  follows:
    53    b. Reimbursement for programs approved in accordance with  subdivision
    54  a  of  this section for the reimbursement for the 2018--2019 school year
    55  shall not exceed 59.4 percent of the lesser of such approvable costs per
    56  contact hour or fourteen dollars and ninety-five cents per contact hour,

        S. 3006                            14                            A. 3006
 
     1  reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7
     2  percent  of  the  lesser  of  such  approvable costs per contact hour or
     3  fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
     4  2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
     5  such approvable costs per contact hour or sixteen  dollars  and  twenty-
     6  five  cents  per  contact  hour, reimbursement for the 2021--2022 school
     7  year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
     8  costs  per  contact  hour or sixteen dollars and forty cents per contact
     9  hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
    10  percent of the lesser of such  approvable  costs  per  contact  hour  or
    11  sixteen  dollars and sixty cents per contact hour, reimbursement for the
    12  2023--2024 school year shall not exceed 54.7 percent of  the  lesser  of
    13  such  approvable costs per contact hour or seventeen dollars and seventy
    14  cents per contact hour, [and] reimbursement for  the  2024--2025  school
    15  year  shall  not  exceed  56.6  percent of the lesser of such approvable
    16  costs per contact hour or eighteen dollars and seventy cents per contact
    17  hour, and reimbursement for the 2025--2026 school year shall not  exceed
    18  58.2  percent of the lesser of such approvable costs per contact hour or
    19  nineteen dollars and fifty cents per contact hour, and where  a  contact
    20  hour  represents  sixty  minutes  of instruction services provided to an
    21  eligible adult.   Notwithstanding any other  provision  of  law  to  the
    22  contrary,  for  the  2018--2019 school year such contact hours shall not
    23  exceed one  million  four  hundred  sixty-three  thousand  nine  hundred
    24  sixty-three  (1,463,963);  for  the  2019--2020 school year such contact
    25  hours shall not exceed one million four hundred forty-four thousand four
    26  hundred forty-four (1,444,444); for  the  2020--2021  school  year  such
    27  contact  hours  shall  not  exceed one million four hundred six thousand
    28  nine hundred twenty-six (1,406,926); for the 2021--2022 school year such
    29  contact hours shall not exceed one million four hundred sixteen thousand
    30  one hundred twenty-two (1,416,122); for the 2022--2023 school year  such
    31  contact  hours  shall  not  exceed one million four hundred six thousand
    32  nine hundred twenty-six (1,406,926); for the 2023--2024 school year such
    33  contact hours shall not exceed one million three hundred forty-two thou-
    34  sand nine hundred seventy-five (1,342,975);  [and]  for  the  2024--2025
    35  school  year such contact hours shall not exceed one million two hundred
    36  twenty-eight thousand seven hundred thirty-three  (1,228,733);  and  for
    37  the  2025--2026  school  year  such  contact  hours shall not exceed one
    38  million fourteen thousand one hundred nine (1,014,109).  Notwithstanding
    39  any other provision of law to the contrary, the apportionment calculated
    40  for  the city school district of the city of New York pursuant to subdi-
    41  vision 11 of section 3602 of the education law shall be computed  as  if
    42  such  contact hours provided by the consortium for worker education, not
    43  to exceed the contact hours set forth herein, were eligible for  aid  in
    44  accordance with the provisions of such subdivision 11 of section 3602 of
    45  the education law.
    46    §  19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    47  ing a program for work force education conducted by the  consortium  for
    48  worker  education  in New York city, is amended by adding a new subdivi-
    49  sion dd to read as follows:
    50    dd. The provisions of this  subdivision  shall  not  apply  after  the
    51  completion  of  payments for the 2025--2026 school year. Notwithstanding
    52  any inconsistent provisions of law, the commissioner of education  shall
    53  withhold  a  portion  of employment preparation education aid due to the
    54  city school district of the city of New York to support a portion of the
    55  costs of the work force education program. Such moneys shall be credited
    56  to the elementary and secondary education fund-local assistance  account

        S. 3006                            15                            A. 3006
 
     1  and  shall  not  exceed  eleven  million  five  hundred thousand dollars
     2  ($11,500,000).
     3    §  20. Section 6 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, as amended by section 29 of part A of
     6  chapter 56 of the laws of 2024, is amended to read as follows:
     7    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
     8  repealed June 30, [2025] 2026.
     9    § 21. Subdivision 6 of section 4402 of the education law,  as  amended
    10  by section 25 of part A of chapter 56 of the laws of 2024, is amended to
    11  read as follows:
    12    6.  Notwithstanding any other law, rule or regulation to the contrary,
    13  the board of education of a city school district with  a  population  of
    14  one  hundred twenty-five thousand or more inhabitants shall be permitted
    15  to establish  maximum  class  sizes  for  special  classes  for  certain
    16  students  with  disabilities  in  accordance with the provisions of this
    17  subdivision. For the purpose of obtaining relief from any adverse fiscal
    18  impact from under-utilization of special education resources due to  low
    19  student  attendance  in  special  education  classes  at  the middle and
    20  secondary level as determined by the commissioner, such boards of educa-
    21  tion shall, during the school years nineteen hundred  ninety-five--nine-
    22  ty-six through June thirtieth, two thousand [twenty-five] twenty-six, be
    23  authorized  to  increase  class  sizes  in  special  classes  containing
    24  students with disabilities whose age ranges are equivalent to  those  of
    25  students  in middle and secondary schools as defined by the commissioner
    26  for purposes of this section by up to but not  to  exceed  one  and  two
    27  tenths  times the applicable maximum class size specified in regulations
    28  of the commissioner rounded up to the  nearest  whole  number,  provided
    29  that  in  a  city  school district having a population of one million or
    30  more, classes that have a maximum class size of fifteen may be increased
    31  by no more than one student and  provided  that  the  projected  average
    32  class  size  shall  not  exceed  the maximum specified in the applicable
    33  regulation, provided that such authorization  shall  terminate  on  June
    34  thirtieth, two thousand. Such authorization shall be granted upon filing
    35  of  a  notice by such a board of education with the commissioner stating
    36  the board's intention to increase such class sizes and  a  certification
    37  that  the  board  will  conduct  a  study  of attendance problems at the
    38  secondary level and will implement a corrective action plan to  increase
    39  the  rate of attendance of students in such classes to at least the rate
    40  for students attending regular education classes in secondary schools of
    41  the district.  Such  corrective  action  plan  shall  be  submitted  for
    42  approval  by  the commissioner by a date during the school year in which
    43  such board increases class sizes as provided pursuant to  this  subdivi-
    44  sion  to  be  prescribed  by the commissioner. Upon at least thirty days
    45  notice to the board of education, after conclusion of the school year in
    46  which such board increases class sizes  as  provided  pursuant  to  this
    47  subdivision,  the  commissioner  shall  be  authorized to terminate such
    48  authorization upon a finding that the board has  failed  to  develop  or
    49  implement an approved corrective action plan.
    50    §  22. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
    51  of 1995, amending the education law and other laws relating to state aid
    52  to school districts and the appropriation of funds for  the  support  of
    53  government, as amended by section 26 of part A of chapter 56 of the laws
    54  of 2024, are amended to read as follows:
    55    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
    56  fourteen, one hundred fifteen and one hundred sixteen of this act  shall

        S. 3006                            16                            A. 3006
 
     1  take effect on July 1, 1995; provided, however, that section one hundred
     2  thirteen of this act shall remain in full force and effect until July 1,
     3  [2025] 2026 at which time it shall be deemed repealed;
     4    (24)  sections one hundred eighteen through one hundred thirty of this
     5  act shall be deemed to have been in full force and effect on  and  after
     6  July 1, 1995; provided further, however, that the amendments made pursu-
     7  ant to section one hundred twenty-four of this act shall be deemed to be
     8  repealed on and after July 1, [2025] 2026;
     9    §  23.  Special  apportionment for salary expenses. 1. Notwithstanding
    10  any other provision of law, upon  application  to  the  commissioner  of
    11  education,  not  sooner  than  the first day of the second full business
    12  week of June 2026 and not later than the last  day  of  the  third  full
    13  business week of June 2026, a school district eligible for an apportion-
    14  ment  pursuant to section 3602 of the education law shall be eligible to
    15  receive an apportionment pursuant to this section, for the  school  year
    16  ending  June  30, 2026, for salary expenses incurred between April 1 and
    17  June 30, 2025 and such apportionment shall not exceed the sum of (a) the
    18  deficit reduction assessment of 1990--1991 as determined by the  commis-
    19  sioner of education, pursuant to paragraph f of subdivision 1 of section
    20  3602  of the education law, as in effect through June 30, 1993, plus (b)
    21  186 percent of such amount for a city school district in a city  with  a
    22  population  in  excess of 1,000,000 inhabitants, plus (c) 209 percent of
    23  such amount for a city school district in a city with  a  population  of
    24  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    25  ing to the latest federal census,  plus  (d)  the  net  gap  elimination
    26  adjustment  for  2010--2011, as determined by the commissioner of educa-
    27  tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
    28  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    29  education  pursuant  to  subdivision 17 of section 3602 of the education
    30  law, and provided further that such apportionment shall not exceed  such
    31  salary  expenses.  Such  application shall be made by a school district,
    32  after the board of education or trustees have adopted a resolution to do
    33  so and in the case of a city school district in a city with a population
    34  in excess of 125,000 inhabitants, with the approval of the mayor of such
    35  city.
    36    2. The claim for an apportionment to be  paid  to  a  school  district
    37  pursuant  to  subdivision  1  of  this section shall be submitted to the
    38  commissioner of education on a form prescribed  for  such  purpose,  and
    39  shall  be  payable upon determination by such commissioner that the form
    40  has been submitted as prescribed. Such approved amounts shall be payable
    41  on the same day in September of the school year following  the  year  in
    42  which  application was made as funds provided pursuant to subparagraph 4
    43  of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
    44  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    45  certified or approved by the commissioner of  education  in  the  manner
    46  prescribed  by  law  from  moneys in the state lottery fund and from the
    47  general fund to the extent that the amount paid  to  a  school  district
    48  pursuant  to  this  section  exceeds the amount, if any, due such school
    49  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
    50  section  3609-a  of  the  education law in the school year following the
    51  year in which application was made.
    52    3. Notwithstanding the provisions of section 3609-a of  the  education
    53  law, an amount equal to the amount paid to a school district pursuant to
    54  subdivisions  1  and  2 of this section shall first be deducted from the
    55  following payments due  the  school  district  during  the  school  year
    56  following  the  year  in which application was made pursuant to subpara-

        S. 3006                            17                            A. 3006
 
     1  graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
     2  3609-a  of  the education law in the following order: the lottery appor-
     3  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
     4  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
     5  paragraph and then followed by the district's payments to the  teachers'
     6  retirement  system pursuant to subparagraph 1 of such paragraph, and any
     7  remainder to be  deducted  from  the  individualized  payments  due  the
     8  district  pursuant  to paragraph b of such subdivision shall be deducted
     9  on a chronological basis starting with  the  earliest  payment  due  the
    10  district.
    11    §  24. Special apportionment for public pension accruals. 1.  Notwith-
    12  standing any other provision of law, upon application to the commission-
    13  er of education, not later than June 30, 2026, a school district  eligi-
    14  ble  for  an apportionment pursuant to section 3602 of the education law
    15  shall be eligible to receive an apportionment pursuant to this  section,
    16  for  the  school  year ending June 30, 2026 and such apportionment shall
    17  not exceed the  additional  accruals  required  to  be  made  by  school
    18  districts  in the 2004--2005 and 2005--2006 school years associated with
    19  changes for such public pension liabilities. The amount  of  such  addi-
    20  tional  accrual  shall  be certified to the commissioner of education by
    21  the president of the board of education or the trustees or, in the  case
    22  of  a  city  school  district  in  a city with a population in excess of
    23  125,000 inhabitants, the mayor of such city. Such application  shall  be
    24  made by a school district, after the board of education or trustees have
    25  adopted  a resolution to do so and in the case of a city school district
    26  in a city with a population in excess of 125,000 inhabitants,  with  the
    27  approval of the mayor of such city.
    28    2.  The  claim  for  an  apportionment to be paid to a school district
    29  pursuant to subdivision one of this section shall be  submitted  to  the
    30  commissioner  of  education  on  a form prescribed for such purpose, and
    31  shall be payable upon determination by such commissioner that  the  form
    32  has been submitted as prescribed. Such approved amounts shall be payable
    33  on  the  same  day in September of the school year following the year in
    34  which application was made as funds provided pursuant to subparagraph  4
    35  of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
    36  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    37  certified  or  approved  by  the commissioner of education in the manner
    38  prescribed by law from moneys in the state lottery  fund  and  from  the
    39  general  fund  to  the  extent that the amount paid to a school district
    40  pursuant to this section exceeds the amount, if  any,  due  such  school
    41  district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
    42  section 3609-a of the education law in the  school  year  following  the
    43  year in which application was made.
    44    3.  Notwithstanding  the provisions of section 3609-a of the education
    45  law, an amount equal to the amount paid to a school district pursuant to
    46  subdivisions 1 and 2 of this section shall first be  deducted  from  the
    47  following  payments  due  the  school  district  during  the school year
    48  following the year in which application was made  pursuant  to  subpara-
    49  graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
    50  3609-a of the education law in the following order: the  lottery  appor-
    51  tionment  payable  pursuant to subparagraph 2 of such paragraph followed
    52  by the fixed fall payments payable pursuant to subparagraph  4  of  such
    53  paragraph  and then followed by the district's payments to the teachers'
    54  retirement system pursuant to subparagraph 1 of such paragraph, and  any
    55  remainder  to  be  deducted  from  the  individualized  payments due the
    56  district pursuant to paragraph b of such subdivision shall  be  deducted

        S. 3006                            18                            A. 3006
 
     1  on  a  chronological  basis  starting  with the earliest payment due the
     2  district.
     3    §  25. The amounts specified in this section shall be a set-aside from
     4  the state funds which each such district is  receiving  from  the  total
     5  foundation aid:
     6    1.  for the development, maintenance or expansion of magnet schools or
     7  magnet school programs for the 2025--2026  school  year.  For  the  city
     8  school  district  of  the city of New York there shall be a set-aside of
     9  foundation aid equal to forty-eight  million  one  hundred  seventy-five
    10  thousand  dollars  ($48,175,000) including five hundred thousand dollars
    11  ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
    12  school   district,   twenty-one  million  twenty-five  thousand  dollars
    13  ($21,025,000); for the Rochester city school district,  fifteen  million
    14  dollars  ($15,000,000);  for the Syracuse city school district, thirteen
    15  million dollars ($13,000,000); for the  Yonkers  city  school  district,
    16  forty-nine  million five hundred thousand dollars ($49,500,000); for the
    17  Newburgh city school district, four million six hundred forty-five thou-
    18  sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
    19  two million four hundred seventy-five thousand dollars ($2,475,000); for
    20  the Mount Vernon city school district, two million dollars ($2,000,000);
    21  for  the New Rochelle city school district, one million four hundred ten
    22  thousand dollars ($1,410,000); for the Schenectady city school district,
    23  one million eight hundred thousand dollars ($1,800,000);  for  the  Port
    24  Chester  city  school  district,  one million one hundred fifty thousand
    25  dollars ($1,150,000); for the White Plains city  school  district,  nine
    26  hundred  thousand  dollars ($900,000); for the Niagara Falls city school
    27  district, six hundred thousand dollars ($600,000); for the  Albany  city
    28  school  district,  three  million  five  hundred  fifty thousand dollars
    29  ($3,550,000); for the Utica city school district,  two  million  dollars
    30  ($2,000,000);  for  the Beacon city school district, five hundred sixty-
    31  six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
    32  district,  four  hundred  thousand  dollars ($400,000); for the Freeport
    33  union free school district, four hundred  thousand  dollars  ($400,000);
    34  for  the  Greenburgh  central  school  district,  three hundred thousand
    35  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
    36  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
    37  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
    38  city school district, four hundred thousand dollars ($400,000).
    39    2.  Notwithstanding any inconsistent provision of law to the contrary,
    40  a school district setting aside such foundation  aid  pursuant  to  this
    41  section  may  use  such  set-aside  funds  for: (a) any instructional or
    42  instructional support costs associated with the operation  of  a  magnet
    43  school;  or (b) any instructional or instructional support costs associ-
    44  ated with implementation of an alternative approach to promote diversity
    45  and/or enhancement of the instructional program and raising of standards
    46  in elementary and secondary schools of school districts having  substan-
    47  tial concentrations of minority students.
    48    3.  The  commissioner of education shall not be authorized to withhold
    49  foundation aid from a school district that used such funds in accordance
    50  with this paragraph, notwithstanding any inconsistency  with  a  request
    51  for  proposals issued by such commissioner for the purpose of attendance
    52  improvement and dropout prevention for the 2025--2026 school  year,  and
    53  for  any city school district in a city having a population of more than
    54  one million,  the  set-aside  for  attendance  improvement  and  dropout
    55  prevention  shall  equal  the amount set aside in the base year. For the
    56  2025--2026 school year, it is further  provided  that  any  city  school

        S. 3006                            19                            A. 3006
 
     1  district  in  a  city having a population of more than one million shall
     2  allocate at least one-third of any increase from  base  year  levels  in
     3  funds set aside pursuant to the requirements of this section to communi-
     4  ty-based  organizations.  Any increase required pursuant to this section
     5  to community-based organizations must  be  in  addition  to  allocations
     6  provided to community-based organizations in the base year.
     7    4.  For the purpose of teacher support for the 2025--2026 school year:
     8  for the city school district of the city of New York, sixty-two  million
     9  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    10  school  district,  one  million seven hundred forty-one thousand dollars
    11  ($1,741,000); for the Rochester city school district, one million seven-
    12  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    13  district,   one   million   one  hundred  forty-seven  thousand  dollars
    14  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    15  nine  thousand  dollars ($809,000). All funds made available to a school
    16  district pursuant to this section shall be  distributed  among  teachers
    17  including  prekindergarten teachers and teachers of adult vocational and
    18  academic subjects in accordance with this section and shall be in  addi-
    19  tion  to  salaries heretofore or hereafter negotiated or made available;
    20  provided, however, that all funds distributed pursuant to  this  section
    21  for  the  current year shall be deemed to incorporate all funds distrib-
    22  uted pursuant to former subdivision 27 of section 3602 of the  education
    23  law  for prior years. In school districts where the teachers are repres-
    24  ented by certified or  recognized  employee  organizations,  all  salary
    25  increases  funded  pursuant to this section shall be determined by sepa-
    26  rate collective negotiations conducted pursuant to  the  provisions  and
    27  procedures  of  article 14 of the civil service law, notwithstanding the
    28  existence of a negotiated agreement between  a  school  district  and  a
    29  certified or recognized employee organization.
    30    §  26.  Support  of  public libraries. The moneys appropriated for the
    31  support of public libraries by a chapter of the laws  of  2025  enacting
    32  the  aid  to  localities  budget shall be apportioned for the 2025--2026
    33  state fiscal year in accordance with the  provisions  of  sections  271,
    34  272,  273,  282,  284,  and  285  of the education law as amended by the
    35  provisions of such chapter and the provisions of this section,  provided
    36  that library construction aid pursuant to section 273-a of the education
    37  law  shall  not  be  payable  from the appropriations for the support of
    38  public libraries and provided further that no library, library system or
    39  program, as defined by the commissioner of education, shall receive less
    40  total system or program aid than it received  for  the  year  2001--2002
    41  except as a result of a reduction adjustment necessary to conform to the
    42  appropriations for support of public libraries.
    43    Notwithstanding  any other provision of law to the contrary the moneys
    44  appropriated for the support of public libraries for the year 2025--2026
    45  by a chapter of the laws of 2025 enacting the aid to  localities  budget
    46  shall  fulfill  the state's obligation to provide such aid and, pursuant
    47  to a plan developed by the commissioner of education and approved by the
    48  director of the budget, the aid payable to libraries and library systems
    49  pursuant to such appropriations  shall  be  reduced  proportionately  to
    50  assure  that  the  total amount of aid payable does not exceed the total
    51  appropriations for such purpose.
    52    § 27. Severability. The provisions of this act shall be severable, and
    53  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    54  section  or  part  of  this  act  to any person or circumstance shall be
    55  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    56  judgment shall not necessarily affect, impair or invalidate the applica-

        S. 3006                            20                            A. 3006
 
     1  tion  of  any such clause, sentence, paragraph, subdivision, section, or
     2  part of this act or remainder thereof, as the case may be, to any  other
     3  person  or  circumstance,  but shall be confined in its operation to the
     4  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
     5  directly involved in the controversy in which such judgment  shall  have
     6  been rendered.
     7    §  28.  This act shall take effect immediately, and shall be deemed to
     8  have been in full force and effect on and after April 1, 2025, provided,
     9  however, that:
    10    1. Sections one, two, three, four, five, six, seven, eight, nine, ten,
    11  twelve, thirteen, fourteen, fifteen, seventeen, twenty-one  and  twenty-
    12  five of this act shall take effect July 1, 2025; and
    13    2.  The amendments to chapter 756 of the laws of 1992 made by sections
    14  eighteen and nineteen of this act shall not affect the  repeal  of  such
    15  chapter and shall be deemed repealed therewith.
 
    16                                   PART B

    17    Section  1. The education law is amended by adding a new section 915-a
    18  to read as follows:
    19    § 915-a. Universal free school meals. 1. The department shall  require
    20  all  school  districts,  charter  schools  and non-public schools in the
    21  state that participate in the national school lunch  program  or  school
    22  breakfast  program as provided in the Richard B. Russell National School
    23  Lunch Act and the Child Nutrition Act, as amended,  to  serve  breakfast
    24  and  lunch  at no cost to the student. School districts, charter schools
    25  and non-public schools shall maximize federal reimbursement  for  school
    26  breakfast and lunch programs by adopting Provision 2, the federal Commu-
    27  nity  Eligibility  Provision, or any other provision under such Act, the
    28  National School Lunch Act or the National Child Nutrition Act  that,  in
    29  the  opinion  of  the  department,  maximizes  federal funding for meals
    30  served in such programs.  Provided that school food authorities that  do
    31  not qualify as a single entity to participate in the community eligibil-
    32  ity  provision shall be required to group schools within the school food
    33  authority, to the extent possible, for purposes  of  maximizing  partic-
    34  ipation  in  the  community  eligibility provision, and provided further
    35  that school food authorities shall reapply annually  for  the  community
    36  eligibility provision program in the event that doing so would result in
    37  a  higher percentage of meals being reimbursed at the federal reimburse-
    38  ment rate for a free meal.
    39    2. Notwithstanding any provision of law, rule  or  regulation  to  the
    40  contrary,  for  the  two  thousand  twenty-five--two thousand twenty-six
    41  school year and each school year  thereafter,  for  each  breakfast  and
    42  lunch  meal  served,  the  department  shall  reimburse  the school food
    43  authority the difference between (a)  the  combined  state  and  federal
    44  reimbursement  rate  for a reduced-price or paid meal, respectively, for
    45  the  current  school  year  and  (b)  the  combined  state  and  federal
    46  reimbursement rate for a free meal for the current school year, provided
    47  that  the  total reimbursement rate for each meal served shall equal the
    48  combined state and federal reimbursement rate for a free  meal  for  the
    49  current school year.
    50    3.  The  department,  in consultation with the office of temporary and
    51  disability assistance, shall promulgate any rule  or  regulation  needed
    52  for  school districts, charter schools and non-public schools to promote
    53  the supplemental nutrition assistance program to a student or person  in
    54  parental  relation  to a student by providing either application assist-

        S. 3006                            21                            A. 3006
 
     1  ance or a direct referral to  an  outreach  partner  identified  to  the
     2  department by the office of temporary and disability assistance to maxi-
     3  mize the number of students directly certified for free school meals.
     4    4.  In  addition  to fulfilling any other applicable state and federal
     5  requirements, the  department  shall  provide  technical  assistance  to
     6  assist  school districts, charter schools, and non-public schools in the
     7  transition to universal school meals to ensure successful program  oper-
     8  ations and to maximize federal funding, including but not limited to the
     9  following:
    10    (a)  Assisting school food authorities with one or more schools quali-
    11  fying for the community eligibility provision in meeting any  state  and
    12  federal  requirements  necessary  in  order  to  maximize  reimbursement
    13  through the community eligibility provision,  including  assisting  such
    14  school  food  authorities  in  maximizing participation in the community
    15  eligibility provision.
    16    (b) If a school food authority is ineligible  to  participate  in  and
    17  receive  reimbursement  through  the  community  eligibility  provision,
    18  assisting the school food authority in achieving and  maximizing  eligi-
    19  bility and, if that is not feasible, assisting the school food authority
    20  in  determining  the  viability  of  using  Provision 2 or other special
    21  federal provisions available to schools to maximize  federal  reimburse-
    22  ment.
    23    5.  School  districts,  charter  schools, and non-public schools shall
    24  maximize the number of students eligible for free  meals  by  conducting
    25  the  Direct  Certification  Matching Process at a minimum of three times
    26  per year, designating children as "Other Source Categorically Eligible",
    27  as defined by federal regulations, or, for schools not participating  in
    28  the Community Eligibility Provision or Provision 2, by annually collect-
    29  ing the free and reduced-price meal application.
    30    § 2. Section 925 of the education law is REPEALED.
    31    § 3. This act shall take effect July 1, 2025.
 
    32                                   PART C
 
    33    Section  1.  The education law is amended by adding a new section 2803
    34  to read as follows:
    35    § 2803. Use of internet-enabled devices during the school day. 1.  For
    36  purposes of this section:
    37    (a)  "Internet-enabled devices" shall mean and include any smartphone,
    38  tablet, smartwatch, or other device capable of connecting to the  inter-
    39  net  and  enabling the user to access content on the internet, including
    40  social media applications;  provided,  however,  that  "internet-enabled
    41  devices" shall not include:
    42    (i)  non-internet-enabled  devices  such  as  cellular phones or other
    43  communication devices not capable  of  connecting  to  the  internet  or
    44  enabling the user to access content on the internet; or
    45    (ii) internet-enabled devices supplied by the school district or board
    46  of  cooperative  educational  services  that are used for an educational
    47  purpose.
    48    (b) "School day" shall mean the entirety of every instructional day as
    49  required by subdivision seven of section thirty-six hundred four of this
    50  chapter  during  all  instructional  time  and  non-instructional  time,
    51  including  but  not  limited  to  homeroom periods, lunch, recess, study
    52  halls, and passing time.
    53    (c) "School grounds" shall mean in  or  on  or  within  any  building,
    54  structure,  athletic playing field, playground, or land contained within

        S. 3006                            22                            A. 3006
 
     1  the real property boundary line of an elementary,  intermediate,  junior
     2  high,  vocational,  or high school or a board of cooperative educational
     3  services facility.
     4    2.  Each school district and board of cooperative educational services
     5  shall adopt a written policy prohibiting  the  use  of  internet-enabled
     6  devices by students during the school day anywhere on school grounds.
     7    3.  The  policy adopted and implemented pursuant to subdivision two of
     8  this section shall include one or more methods for parents and guardians
     9  of students to contact students during the school day  and  provide  for
    10  written  notification  of  parents and guardians of these methods at the
    11  beginning of each school year.
    12    4. The policy adopted and implemented pursuant to subdivision  two  of
    13  this section shall include one or more methods for on-site storage where
    14  students may store their internet-enabled devices during the school day,
    15  which may include student lockers.
    16    5.  (a) The policy adopted and implemented pursuant to subdivision two
    17  of this section may authorize student use of an internet-enabled  device
    18  during the school day on school grounds:
    19    (i)  if  authorized  by  a  teacher or the school district or board of
    20  cooperative educational services for a specific educational purpose;
    21    (ii) where necessary for the management of a student's healthcare;
    22    (iii) in the event of an emergency;
    23    (iv) for translation services; or
    24    (v) where required by law.
    25    (b) The policy may not prohibit a student's use of an internet-enabled
    26  device where such use is included in the student's:
    27    (i) individualized education program; or
    28    (ii) plan developed pursuant to  section  five  hundred  four  of  the
    29  federal rehabilitation act of 1973, 29 U.S.C. 794.
    30    6.  No  later than August first, two thousand twenty-five, each school
    31  district and board of cooperative educational services shall  adopt  and
    32  publish  in a clearly visible and accessible location on its website the
    33  internet-enabled device policy established pursuant to  subdivision  two
    34  of  this section. Translation of such policy into any of the twelve most
    35  common non-English languages spoken by limited-English proficient  indi-
    36  viduals  in  the  state,  based  on the data in the most recent American
    37  community survey published by the United States census bureau, shall  be
    38  provided upon request.
    39    7.  No  later  than September first, two thousand twenty-six, and each
    40  September first thereafter, each school district and  board  of  cooper-
    41  ative educational services shall publish an annual report on its website
    42  detailing  enforcement  of  the  policy  within the district or board of
    43  cooperative educational services in the  prior  school  year,  including
    44  non-identifiable  demographic  data of students who have faced discipli-
    45  nary action for non-compliance and analysis of any demographic  dispari-
    46  ties in enforcement of the policy. If a statistically significant dispa-
    47  rate  enforcement  impact  is  identified,  such  report shall include a
    48  mitigation action plan.
    49    § 2. Subdivision 1 of section 2854 of the education law is amended  by
    50  adding a new paragraph (g) to read as follows:
    51    (g)  A  charter  school  shall be subject to the provisions of section
    52  twenty-eight hundred three of this title.
    53    § 3. This act shall take effect immediately.
 
    54                                   PART D

        S. 3006                            23                            A. 3006
 
     1    Section 1. Section 666 of the education law is REPEALED.
     2    §  2.   Paragraph a of subdivision 2 of section 667-c of the education
     3  law, as amended by section 1 of part E of chapter  56  of  the  laws  of
     4  2022, is amended to read as follows:
     5    a.  for  students  defined  in  paragraph a of subdivision one of this
     6  section, a part-time student is one who: (i) is enrolled  [as  a  first-
     7  time  freshman  during the two thousand six--two thousand seven academic
     8  year or thereafter] at a college or university within the state  univer-
     9  sity,  including  a  statutory  or contract college, a community college
    10  established pursuant to article one hundred twenty-six of this  chapter,
    11  the  city  university of New York, or a non-profit college or university
    12  incorporated by the regents or by the legislature;
    13    (ii) is enrolled for at least [six] three but less than twelve  semes-
    14  ter  hours, or the equivalent, per semester in an approved undergraduate
    15  degree program; and
    16    (iii) has a cumulative grade-point average of at least 2.00.
    17    § 3. Section 667-c-1 of the education law is REPEALED.
    18    § 4. Paragraph c of subdivision 5 of section 610 of the education law,
    19  as added by chapter 425 of the laws of  1988,  is  amended  to  read  as
    20  follows:
    21    c.  Any semester, quarter or term of attendance during which a student
    22  receives an award for part-time study pursuant to this section shall  be
    23  counted  as one-half of a semester, quarter or term, as the case may be,
    24  toward the maximum term of eligibility  for  tuition  assistance  awards
    25  pursuant  to  [sections  six  hundred sixty-six and] section six hundred
    26  sixty-seven of this chapter.
    27    § 5. Subdivision 2 of section 667 of the education law, as amended  by
    28  chapter 376 of the laws of 2019, is amended to read as follows:
    29    2.  Duration.  No  undergraduate  shall be eligible for more than four
    30  academic years of study, or five academic years if the program of  study
    31  normally requires five years. Students enrolled in a program of remedial
    32  study,  approved  by the commissioner in an institution of higher educa-
    33  tion and intended to culminate in a degree in undergraduate study shall,
    34  for purposes of this section, be considered as enrolled in a program  of
    35  study  normally  requiring five years. An undergraduate student enrolled
    36  in an eligible two year program of study approved  by  the  commissioner
    37  shall  be  eligible  for  no more than three academic years of study. An
    38  undergraduate student enrolled in an approved two or  four-year  program
    39  of  study  approved  by  the  commissioner  who must transfer to another
    40  institution as a result of permanent college closure shall  be  eligible
    41  for  up  to two additional semesters, or their equivalent, to the extent
    42  credits necessary to complete [his or  her]  the  student's  program  of
    43  study  were  deemed non-transferable from the closed institution or were
    44  deemed not applicable to such student's program  of  study  by  the  new
    45  institution.   Any semester, quarter, or term of attendance during which
    46  a student receives any award under this  article,  after  the  effective
    47  date  of the former scholar incentive program and prior to academic year
    48  nineteen hundred eighty-nine--nineteen hundred ninety, shall be  counted
    49  toward the maximum term of eligibility for tuition assistance under this
    50  section[, except that any semester, quarter or term of attendance during
    51  which  a  student  received  an  award  pursuant  to section six hundred
    52  sixty-six of this subpart shall be counted as one-half  of  a  semester,
    53  quarter  or  term, as the case may be, toward the maximum term of eligi-
    54  bility under this section]. Any semester, quarter or term of  attendance
    55  during which a student received an award pursuant to section six hundred

        S. 3006                            24                            A. 3006
 
     1  sixty-seven-a  of  this  subpart shall not be counted toward the maximum
     2  term of eligibility under this section.
     3    § 6. This act shall take effect immediately and shall apply to academ-
     4  ic years 2025-2026 and thereafter.
 
     5                                   PART E
 
     6    Section  1.  Subdivision  2  of section 669-h of the education law, as
     7  amended by section 1 of part G of chapter 56 of the  laws  of  2022,  is
     8  amended to read as follows:
     9    2.  Amount.  Within  amounts appropriated therefor and based on avail-
    10  ability of funds, awards shall be granted [beginning with the two  thou-
    11  sand  seventeen--two  thousand eighteen academic year and thereafter] to
    12  applicants that the corporation has determined are eligible  to  receive
    13  such  awards. The corporation shall grant such awards in an amount up to
    14  [five thousand five hundred dollars or] actual  tuition[,  whichever  is
    15  less];  provided, however, (a) a student who receives educational grants
    16  and/or scholarships that cover the student's  full  cost  of  attendance
    17  shall  not be eligible for an award under this program; and (b) an award
    18  under this program shall be applied to tuition after the application  of
    19  payments  received  under  the  tuition  assistance  program pursuant to
    20  section six hundred sixty-seven of this subpart, tuition credits  pursu-
    21  ant  to  section six hundred eighty-nine-a of this article, federal Pell
    22  grant pursuant to section one thousand seventy of title  twenty  of  the
    23  United  States code, et seq., and any other program that covers the cost
    24  of attendance unless exclusively for non-tuition expenses, and the award
    25  under this program  shall  be  reduced  in  the  amount  equal  to  such
    26  payments,  provided that the combined benefits do not exceed [five thou-
    27  sand five hundred dollars. Upon notification  of  an  award  under  this
    28  program,  the  institution  shall  defer the amount of tuition. Notwith-
    29  standing paragraph h of subdivision two of section three hundred  fifty-
    30  five  and paragraph (a) of subdivision seven of section six thousand two
    31  hundred six of this chapter, and any other law, rule  or  regulation  to
    32  the contrary,] the resident undergraduate tuition charged by [the insti-
    33  tution  to  recipients  of  an  award  shall not exceed the tuition rate
    34  established by the institution for the two thousand  sixteen--two  thou-
    35  sand seventeen academic year provided, however, that in the two thousand
    36  twenty-two--two thousand twenty-three academic year and every year ther-
    37  eafter,  the undergraduate tuition charged by the institution to recipi-
    38  ents of an award shall be reset to equal the tuition rate established by
    39  the institution for the forthcoming academic year, provided further that
    40  the tuition credit calculated pursuant to section  six  hundred  eighty-
    41  nine-a  of this article shall be applied toward the tuition rate charged
    42  for recipients of an award under this program.   Provided further  that]
    43  the  state  university  of New York [and the city university of New York
    44  shall provide an additional tuition  credit  to  students  receiving  an
    45  award to cover the remaining cost of tuition].
    46    § 2. This act shall take effect immediately and shall be applicable to
    47  academic years 2025-2026 and thereafter.
 
    48                                   PART F
 
    49    Section  1.  The education law is amended by adding a new section 6311
    50  to read as follows:

        S. 3006                            25                            A. 3006
 
     1    § 6311. New York opportunity promise scholarship.  1.  Eligibility.  A
     2  New  York  opportunity promise scholarship shall be awarded to an appli-
     3  cant who meets all of the following conditions:
     4    (a) is at least twenty-five years of age or older, but in no case more
     5  than  fifty-five  years of age, as of January first of the calendar year
     6  for the semester for which the applicant makes initial application;
     7    (b) has applied for a New York state tuition assistance program  award
     8  pursuant  to  section six hundred sixty-seven of this chapter, a federal
     9  Pell grant pursuant to section 1070 of title 20  of  the  United  States
    10  code, et. seq., and any other applicable financial aid;
    11    (c)  is matriculated at a community college of the state university of
    12  New York or the city university of New York, as defined  in  subdivision
    13  two  of  section  sixty-three hundred one of this article or subdivision
    14  four of section sixty-two hundred two of this title, respectively, in an
    15  approved program directly leading to an associate's degree in a high-de-
    16  mand field; provided that for the two thousand twenty-five -- two  thou-
    17  sand  twenty-six  academic  year,  such  fields shall include but not be
    18  limited to advanced manufacturing, technology, cybersecurity,  engineer-
    19  ing,  artificial  intelligence,  nursing  and allied health professions,
    20  green and renewable energy, and pathways to teaching in shortage  areas,
    21  provided  further that such fields may be updated annually thereafter by
    22  the department of labor no later than one hundred eighty days  prior  to
    23  the  first  start  date of the fall term of such community colleges, and
    24  provided further that the eligibility of such  approved  program  estab-
    25  lished in the semester for which the applicant makes initial application
    26  shall continue;
    27    (d)  is  eligible  for  the  payment  of tuition and fees at a rate no
    28  greater than that imposed for resident students in  community  colleges;
    29  and
    30    (e)  has  not already obtained any postsecondary degree, provided that
    31  nothing in this paragraph shall be construed to prohibit the eligibility
    32  of a student who is already enrolled in  an  eligible  associate  degree
    33  program  on  the  effective  date  of this section and who meets all the
    34  other eligibility requirements of this subdivision.
    35    2. Amount. Within amounts appropriated therefor, and subject to avail-
    36  ability of funds, awards shall be granted for the two  thousand  twenty-
    37  five  --  two thousand twenty-six academic year and thereafter to appli-
    38  cants who are determined to be eligible to receive such  awards.    Such
    39  awards  shall  be  calculated  on a per term basis prior to the start of
    40  each term the applicant is successfully enrolled and  shall  not  exceed
    41  the positive difference, if any, of (a) the sum of actual tuition, fees,
    42  books,  and applicable supplies charged to the applicant and approved by
    43  the applicable community college, less  (b)  the  sum  of  all  payments
    44  received  by the applicant from all sources of financial aid received by
    45  the applicant with the exception of aid  received  pursuant  to  federal
    46  work-study programs authorized under sections 1087-51 through 1087-58 of
    47  title  20  of  the United States code and educational loans taken by the
    48  applicant or guardian.
    49    3. Additional provisions. An  eligible  recipient  shall  complete  at
    50  least  six  credits per semester, for a total of at least twelve credits
    51  per academic year, in an approved program of study. An eligible  recipi-
    52  ent  shall  be  continuously  enrolled  without  a  gap of more than one
    53  academic year, provided that such duration may be extended for an allow-
    54  able interruption of study including, but not limited  to,  death  of  a
    55  family  member,  medical  leave,  military  service, and parental leave.
    56  Notwithstanding any inconsistent provision of this section, if an appli-

        S. 3006                            26                            A. 3006
 
     1  cant fails to meet the eligibility  criteria  of  this  section  at  any
     2  point, no further awards shall be made to the applicant.
     3    4. Conditions. (a) An eligible recipient shall continue to make satis-
     4  factory academic progress in order to maintain continued eligibility for
     5  an award pursuant to this section.
     6    (b)  Each  campus that enrolls students pursuant to this section shall
     7  take steps consistent with established policy to maximize the  award  of
     8  credit for prior learning for participating students.
     9    (c)  No  student  shall  receive an award pursuant to this section for
    10  greater than ten semesters.
    11    (d) A student who earns college credit pursuant to this section  shall
    12  be  entitled  to transfer such credit to another state university of New
    13  York or city university of New  York  campus  consistent  with  transfer
    14  policies established by the state university of New York or city univer-
    15  sity of New York.
    16    5.  Reporting.  By  September  first,  two thousand twenty-six, and by
    17  September first of each year thereafter, the  chancellor  of  the  state
    18  university  of New York and the chancellor of the city university of New
    19  York shall each submit a report to the  governor,  the  speaker  of  the
    20  assembly,  and  the temporary president of the senate, including but not
    21  limited to the following information:
    22    (a) enrollment data by full and part-time status;
    23    (b) retention and completion rates by full and part-time status;
    24    (c) barriers to student participation;
    25    (d) demographic data related to the program;
    26    (e) average prior learning and transfer credit awarded;
    27    (f) the total amount of  funds  awarded  and  the  average  award  per
    28  student; and
    29    (g)  post-completion  outcomes  including  transfer,  employment,  and
    30  wages, as applicable.
    31    § 2. This act shall take effect immediately.
 
    32                                   PART G
 
    33    Section 1. Section 292 of the executive law is amended by adding a new
    34  subdivision 42 to read as follows:
    35    42. The term "real estate appraisal" shall have the same meaning as in
    36  subdivision  two  of  section  one  hundred  sixty-a  of  this  chapter.
    37  Provided, however, that (a) real estate appraisals subject to this arti-
    38  cle include those performed by any person or entity whose business holds
    39  itself out as engaging in residential real estate appraisals, regardless
    40  of  whether  or  not  such  person or entity is certified or licensed to
    41  provide real estate appraisals pursuant to  the  provisions  of  article
    42  six-E  of  this  chapter,  and (b) for the purposes of this article, the
    43  real estate appraisal includes all oral communications and  all  written
    44  comments  and  other  documents  submitted  as support for the estimate,
    45  opinion of value, or analysis.
    46    § 2. Subdivision 5 of section 296 of the executive law is  amended  by
    47  adding a new paragraph (h) to read as follows:
    48    (h) It shall be an unlawful discriminatory practice for any person  to
    49  discriminate  against  any  individual  in  making real estate appraisal
    50  services available or to base a  real  estate  appraisal,  estimate,  or
    51  opinion  of  value on  the race, creed, color, national origin, citizen-
    52  ship or immigration  status,  sexual  orientation,  gender  identity  or
    53  expression,  military  status,  sex,  age,  disability,  marital status,
    54  status as a victim of domestic violence, lawful  source  of  income,  or

        S. 3006                            27                            A. 3006
 
     1  familial  status  of  either  the prospective owners or occupants of the
     2  real property, the present owners or occupants of the real property,  or
     3  the  present  owners or occupants of the real properties in the vicinity
     4  of  the  property.  Nothing in this section shall prohibit a real estate
     5  appraiser from taking into consideration factors other than race, creed,
     6  color, national origin, citizenship or immigration status, sexual orien-
     7  tation, gender identity or expression, military status, sex, age,  disa-
     8  bility,  marital status, status as a victim of domestic violence, lawful
     9  source of income, or familial status.
    10    § 3. Subdivision 9 of section 160-e of the executive law,  as  amended
    11  by chapter 397 of the laws of 1991, is amended to read as follows:
    12    9.  To  suspend  and  revoke  certificates or licenses or impose fines
    13  pursuant to the disciplinary proceedings provided for in this article.
    14    § 4. The opening paragraph of subdivision 1 of section  160-u  of  the
    15  executive law, as amended by chapter 397 of the laws of 1991, is amended
    16  to read as follows:
    17    The  rights  of any holder under a state certificate as a state certi-
    18  fied real estate appraiser, or a license as a state licensed real estate
    19  appraiser, may be revoked or suspended, or the  holder  of  the  certif-
    20  ication  or  license may be otherwise disciplined in accordance with the
    21  provisions of this article, upon any of the grounds set  forth  in  this
    22  section.  As an alternative or in addition to such suspension or revoca-
    23  tion,  a  fine  not exceeding two thousand dollars may be imposed on any
    24  holder of the certification or license, provided that fifty  percent  of
    25  all  moneys  received by the department of state for such fines shall be
    26  payable to the anti-discrimination in housing fund established  pursuant
    27  to  section eighty-a of the state finance law. The department may inves-
    28  tigate the  actions  of  a  state  certified  or  licensed  real  estate
    29  appraiser,  and may [revoke or suspend the rights of] sanction or other-
    30  wise discipline a certificate or license holder [or otherwise discipline
    31  a state certified or licensed real estate  appraiser]  for  any  of  the
    32  following acts or omissions:
    33    §  5.  Subdivision 1 of section 160-v of the executive law, as amended
    34  by chapter 241 of the laws of 1999, is amended to read as follows:
    35    1. Before suspending or  revoking  any  certification  or  license  or
    36  imposing  any  fines  on  a  holder  of  a certification or license, the
    37  department shall notify the state  certified  or  licensed  real  estate
    38  appraiser  or licensed real estate appraiser assistant in writing of any
    39  charges made at least twenty days prior to the date set for the  hearing
    40  and  shall  afford  [him or her] such real estate appraiser or such real
    41  estate appraiser assistant an opportunity to be heard in  person  or  by
    42  counsel.
    43    §  6.  Subdivision 2 of section 160-w of the executive law, as amended
    44  by chapter 241 of the laws of 1999, is amended to read as follows:
    45    2. If the department determined that a  state  certified  or  licensed
    46  real  estate  appraiser  or  licensed real estate appraiser assistant is
    47  guilty of a violation of any of the provisions of this article, it shall
    48  prepare a finding of fact and recommend that such  appraiser  be  repri-
    49  manded  [or],  that  [his  or  her]  their  certification  or license be
    50  suspended or revoked, and/or indicate whether a fine shall  be  imposed.
    51  The decision and order of the department shall be final.
    52    §  7.  Subdivisions  2 and 3 of section 80-a of the state finance law,
    53  subdivision 2 as added by chapter 687 of the laws of 2021  and  subdivi-
    54  sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
    55  as follows:

        S. 3006                            28                            A. 3006
 
     1    2.  The  anti-discrimination  in  housing fund shall consist of moneys
     2  appropriated thereto, moneys transferred from any other fund or sources,
     3  fifty percent of all fines and forfeitures collected pursuant to  subdi-
     4  vision  one  of  section  one  hundred sixty-u of the executive law, and
     5  fifty  percent  of all fines and forfeitures collected pursuant to para-
     6  graph (a) of subdivision one of section four hundred forty-one-c of  the
     7  real  property  law. Nothing contained in this section shall prevent the
     8  state from receiving grants, gifts or bequests for the purposes  of  the
     9  fund  as  defined  in  this  section  and  depositing them into the fund
    10  according to law.
    11    3. The moneys in the anti-discrimination in housing fund shall be kept
    12  separate from and shall not be commingled with any other moneys  in  the
    13  custody of the state comptroller. Such moneys shall be made available to
    14  the  office of the attorney general, for [fair housing testing] programs
    15  assisting with fair housing  compliance,  which  includes,  but  is  not
    16  limited to, fair housing testing, outreach and education on fair housing
    17  protections,  addressing  and investigating fair housing allegations and
    18  complaints, and addressing discrimination in appraisals,  including  new
    19  appraisals  and  appraisal  review, through allocation of grants to duly
    20  applying county, city, town or  village  human  rights  commissions,  or
    21  other  duly applying county, city, town, village or not-for-profit enti-
    22  ties specializing in the prevention of unlawful discrimination in  hous-
    23  ing, to detect unlawful discrimination in housing.
    24    § 8. Severability. If any provision of this act, or any application of
    25  any  provision of this act, is held to be invalid, that shall not affect
    26  the validity or effectiveness of any other provision of this act,  or of
    27  any other application of any provision of this act, which can  be  given
    28  effect  without  that  provision  or  application;  and to that end, the
    29  provisions and applications of this act are severable.
    30    § 9. This act shall take effect immediately.
 
    31                                   PART H
 
    32    Section 1. Section 340 of the  general  business  law  is  amended  by
    33  adding a new subdivision 2-a to read as follows:
    34    2-a. (a) Subject to the exceptions hereinafter provided in this subdi-
    35  vision,  the  provisions  of  this  article  shall apply to coordinators
    36  pursuant to paragraph (c) of this subdivision and to residential  rental
    37  property  owners  or managers pursuant to paragraph (d) of this subdivi-
    38  sion.
    39    (b) As used in this subdivision, the following terms  shall  have  the
    40  following meanings:
    41    (i) "Algorithm" means a computational process that uses a set of rules
    42  to define a sequence of operations.
    43    (ii)  "Algorithmic device" means any machine, device, computer program
    44  or computer software that, on its own or with human assistance  performs
    45  a coordinating function.
    46    (iii)  "Coordinating  function"  means performing all of the following
    47  subfunctions, provided, however, that a product used for the purpose  of
    48  establishing  rent or income limits in accordance with the rent stabili-
    49  zation code or emergency tenant protection  act  or  affordable  housing
    50  program guidelines of a local government, the state, the federal govern-
    51  ment,  or  other  political  subdivision  shall  not be considered to be
    52  performing a coordinating function:
    53    (1) collecting historical or contemporaneous prices, supply levels, or
    54  lease or rental contract termination and renewal  dates  of  residential

        S. 3006                            29                            A. 3006
 
     1  dwelling  units  from  two or more residential rental property owners or
     2  managers, provided that at least two such  residential  rental  property
     3  owners  or managers are not wholly-owned subsidiaries of the same parent
     4  entity  or  otherwise  owned  or  managed by the same residential rental
     5  property owner or manager;
     6    (2) analyzing or processing the information described in clause one of
     7  this subparagraph using a system, software, or process that uses  compu-
     8  tation, including by using that information to train an algorithm; and
     9    (3)  recommending  rental prices, lease renewal terms, ideal occupancy
    10  levels, or other lease terms and  conditions  to  a  residential  rental
    11  property owner or manager.
    12    (iv)  "Coordinator"  means  any  person  or  entity  that  operates or
    13  licenses a software or data analytics service that performs a coordinat-
    14  ing function for two or  more  residential  rental  property  owners  or
    15  managers.
    16    (v)  "Residential rental property owner or manager" means any individ-
    17  ual or entity that owns or is a beneficial owner of, directly  or  indi-
    18  rectly,  in  whole or in part, or manages one or more residential rental
    19  dwelling units in New York state.
    20    (c) It shall be considered an unlawful violation of this article for a
    21  coordinator to facilitate an agreement between  or  among  two  or  more
    22  residential  rental  property  owners  or  managers  to not compete with
    23  respect to residential rental dwelling units, including by performing  a
    24  coordinating function on behalf of or between and among such residential
    25  rental property owners or managers.
    26    (d) It shall be considered an unlawful violation of this article for a
    27  residential  rental  property  owner  or  manager  to enter into such an
    28  agreement as is described in paragraph (c) of  this  subdivision  either
    29  expressly  or by adjusting rental prices, lease renewal terms, occupancy
    30  levels, or other lease terms and conditions in  one  or  more  of  their
    31  residential rental properties based on recommendations from an algorith-
    32  mic device performing a coordinating function.
    33    §  2.  This  act  shall take effect on the sixtieth day after it shall
    34  have become law.
 
    35                                   PART I
 
    36    Section 1. Section 7-107 of the general obligations law, as  added  by
    37  chapter 917 of the laws of 1984, is amended to read as follows:
    38    § 7-107. Liability  of  a  grantee  or  assignee  for deposits made by
    39  tenants upon conveyance of  rent  stabilized  dwelling  units.  1.  This
    40  section  shall apply only to dwelling units subject to the New York city
    41  rent stabilization law of nineteen hundred sixty-nine or  the  emergency
    42  tenant protection act of nineteen seventy-four.
    43    2.  [(a)  Any  grantee or assignee of any dwelling unit referred to in
    44  subdivision one of this section shall be liable to a tenant for any  sum
    45  of  money or any other thing of value deposited as security for the full
    46  performance by such tenant of the terms of his lease, plus  any  accrued
    47  interest,  if  his  or  its  predecessor in interest was liable for such
    48  funds. Such liability shall attach  whether  or  not  the  successor  in
    49  interest  has,  upon  the conveyance of such dwelling unit, received the
    50  sum as deposited.
    51    (b) The liability of a receiver for payment of  any  security  deposit
    52  plus  accrued  interest pursuant to this subdivision shall be limited to
    53  the amount of such deposit actually turned over to him or it pursuant to
    54  subdivision one of section 7-105 of this chapter and  to  the  operating

        S. 3006                            30                            A. 3006

     1  income  in  excess  of  expenses  generated  during his or its period of
     2  receivership] No deposit or advance  shall  exceed  the  amount  of  one
     3  month's  rent  under any contract for the lease or tenancy of a dwelling
     4  unit subject to this section.
     5    3.  [Any agreement by a lessee or tenant of a dwelling unit waiving or
     6  modifying his rights as set forth in this section  shall  be  void]  The
     7  entire  amount  of  the  deposit  or  advance shall be refundable to the
     8  tenant upon the tenant's vacating of the premises except for  an  amount
     9  lawfully  retained for the reasonable and itemized costs due to non-pay-
    10  ment of rent, damage caused by the tenant beyond normal wear  and  tear,
    11  non-payment  of  utility  charges payable directly to the landlord under
    12  the terms of the lease  or  tenancy,  and  moving  and  storage  of  the
    13  tenant's  belongings.  The  landlord  may  not  retain any amount of the
    14  deposit for costs relating to ordinary wear and  tear  of  occupancy  or
    15  damage caused by a prior tenant.
    16    4. After initial lease signing but before the tenant begins occupancy,
    17  the landlord shall offer the tenant the opportunity to inspect the prem-
    18  ises  with  the landlord or the landlord's agent to determine the condi-
    19  tion of the property.  If  the  tenant  requests  such  inspection,  the
    20  parties shall execute a written agreement before the tenant begins occu-
    21  pancy of the unit attesting to the condition of the property and specif-
    22  ically  noting any existing defects or damages. Upon the tenant's vacat-
    23  ing of the premises, the landlord may  not  retain  any  amount  of  the
    24  deposit or advance due to any condition, defect, or damage noted in such
    25  agreement.  The  agreement shall be admissible as evidence of the condi-
    26  tion of the premises at the beginning of occupancy only  in  proceedings
    27  related to the return or amount of the security deposit.
    28    5.  Within  a  reasonable  time  after  notification of either party's
    29  intention to terminate the tenancy, unless  the  tenant  terminates  the
    30  tenancy  with less than two weeks' notice, the landlord shall notify the
    31  tenant in writing of the tenant's right to request an inspection  before
    32  vacating  the  premises  and  of the tenant's right to be present at the
    33  inspection. If the tenant requests such an  inspection,  the  inspection
    34  shall  be  made  no  earlier  than  two weeks and no later than one week
    35  before the end of the tenancy.  The  landlord  shall  provide  at  least
    36  forty-eight hours written notice of the date and time of the inspection.
    37  After  the  inspection,  the  landlord  shall provide the tenant with an
    38  itemized statement specifying repairs or cleaning that are  proposed  to
    39  be  the  basis  of  any deductions from the tenant's deposit. The tenant
    40  shall have the opportunity to cure any such condition before the end  of
    41  the  tenancy.  Any statement produced pursuant to this subdivision shall
    42  only be admissible in proceedings related to the return or amount of the
    43  security deposit.
    44    6. Within fourteen days after the tenant has vacated the premises, the
    45  landlord shall provide the tenant with an itemized statement  indicating
    46  the  basis  for  the  amount  of the deposit retained, if any, and shall
    47  return any remaining portion of the deposit to the tenant. If a landlord
    48  fails to provide the tenant with the statement and deposit within  four-
    49  teen days, the landlord shall forfeit any right to retain any portion of
    50  the deposit.
    51    7.  In  any action or proceeding disputing the amount of any amount of
    52  the deposit retained, the landlord shall bear the burden of proof as  to
    53  the reasonableness of the amount retained.
    54    8.  Any  person  who  violates the provisions of this section shall be
    55  liable for actual damages, provided a person  found  to  have  willfully

        S. 3006                            31                            A. 3006
 
     1  violated  this  section  shall  be  liable for punitive damages of up to
     2  twice the amount of the deposit or advance.
     3    9.  (a)  In circumstances where any sum of money or any other thing of
     4  value deposited as security for the full performance by a tenant of  the
     5  terms  of  their  lease  is  not  turned over to a successor in interest
     6  pursuant to section 7-105 of this title, the grantee or assignee of  the
     7  leased  premises shall also be liable to such tenant, upon conveyance of
     8  such leased premises, for the repayment of any  such  security  deposit,
     9  plus  accrued  interest, as to which such grantee or assignee has actual
    10  knowledge.
    11    (b) For purposes of this section, a grantee or assignee of the  leased
    12  premises shall be deemed to have actual knowledge of any security depos-
    13  it  which is (i) deposited at any time during the six months immediately
    14  prior to closing or other transfer of title in any banking  organization
    15  pursuant  to  subdivision  two-a of section 7-103 of this title, or (ii)
    16  acknowledged in any lease in effect at the  time  of  closing  or  other
    17  transfer  of  title, or (iii) supported by documentary evidence provided
    18  by the tenant or lessee as set forth in paragraph (c) of  this  subdivi-
    19  sion.
    20    (c)  With  respect to any leased premises for which there is no record
    21  of security deposit pursuant to subparagraph (i) or  (ii)  of  paragraph
    22  (b)  of this subdivision, the grantee or assignee of the leased premises
    23  shall be obligated to notify the tenant thereof in writing no later than
    24  thirty days following the closing or other transfer of title to the fact
    25  that there is no record of a security deposit for said  leased  premises
    26  and  that  unless  the  tenant within thirty days after receiving notice
    27  provides them or it with documentary evidence  of  deposit,  the  tenant
    28  shall  have  no  further  recourse  against them or it for said security
    29  deposit. For purposes of this subdivision, "documentary evidence"  shall
    30  be limited to any cancelled check drawn to the order of, a receipt from,
    31  or  a lease signed by any predecessor in interest, if such predecessor's
    32  interest in the leased premises existed on or after the  effective  date
    33  of this paragraph. Except as otherwise provided by subparagraphs (i) and
    34  (ii)  of  paragraph  (b) of this subdivision, the grantee or assignee of
    35  the leased premises shall not be charged with actual  knowledge  of  the
    36  security  deposit where the tenant fails within the thirty-day period to
    37  provide such documentary evidence. Where the grantee or assignee of  the
    38  leased  premises  fails  to notify the tenant as specified in this para-
    39  graph within thirty days following the  closing  or  other  transfer  of
    40  title,  the  tenant shall be entitled to produce documentary evidence at
    41  any time.
    42    (d) The grantee or assignee of the  leased  premises  shall  have  the
    43  right to demand that the grantor or assignor thereof establish an escrow
    44  account  equal  to  one  month's  rent for any leased premises for which
    45  there is no record of a security deposit pursuant to  paragraph  (b)  of
    46  this  subdivision  to  be  used  for the purpose of holding harmless the
    47  grantee or assignee in any case where, at a date subsequent to the clos-
    48  ing or other transfer of title, the  tenant  gives  notice  pursuant  to
    49  paragraph (c) of this subdivision.
    50    (e)  The  liability  of a receiver for payment of any security deposit
    51  plus accrued interest pursuant to this subdivision shall be  limited  to
    52  the  amount  of such deposit actually turned over to them or it pursuant
    53  to subdivision one of section 7-105 of this title and to  the  operating
    54  income  in  excess  of  expenses generated during their or its period of
    55  receivership.

        S. 3006                            32                            A. 3006
 
     1    10. Any agreement by a lessee or tenant of a dwelling waiving or modi-
     2  fying their rights as set forth in  this  section  shall  be  absolutely
     3  void.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law and shall apply to any lease or  rental  agreement  or
     6  renewal  of  a  lease  or rental agreement entered into on or after such
     7  date.
 
     8                                   PART J
 
     9    Section 1. Paragraph (b) of subdivision 1 of section 1971 of the  real
    10  property  actions  and proceedings law, as amended by chapter 529 of the
    11  laws of 2008, is amended to read as follows:
    12    (b) In the case of a vacant dwelling, it is not sealed or continuously
    13  guarded, in that admittance to the property may be gained without damag-
    14  ing any portion of the property, as required by law or it was sealed  or
    15  is  continuously  guarded by a person other than the owner, a mortgagee,
    16  lienor or agent thereof, and [either] any of the following facts exists:
    17    (i) A vacate order of the  department  or  other  governmental  agency
    18  currently prohibits occupancy of the dwelling; or
    19    (ii)  The tax on such premises has been due and unpaid for a period of
    20  at least one year; or
    21    (iii) The property has had a zoning, building or property  maintenance
    22  code  violation which has the potential to injure, endanger or unreason-
    23  ably annoy the health and safety of others that  has  been  continuously
    24  outstanding  and not remedied for a period of at least one year from the
    25  date that the original notice of violation was served upon the  property
    26  owner pursuant to subdivision four of section three hundred eight of the
    27  civil  practice  law and rules if the owner is a natural person, section
    28  three hundred ten of the civil practice law and rules if the owner is  a
    29  partnership,  section  three hundred ten-a of the civil practice law and
    30  rules if the owner is a limited partnership, section three hundred elev-
    31  en of the civil practice law and rules if the owner is a corporation, or
    32  section three hundred eleven-a of the civil practice law  and  rules  if
    33  the owner is a limited liability company; or
    34    § 2. This act shall take effect immediately.
 
    35                                   PART K
 
    36    Section  1.  The  real  property  tax  law  is amended by adding a new
    37  section 457-a to read as follows:
    38    § 457-a. Exemption for eligible residential property transferred to  a
    39  low-income household. 1. As used in this section:
    40    (a)  "Nonprofit  housing  organization" means a nonprofit organization
    41  exempt from certain taxes  pursuant  to  section  501(c)(3)  or  section
    42  501(c)(4)  of  the  United  States  internal revenue code and/or that is
    43  incorporated under the  not-for-profit  corporation  law  whose  primary
    44  purpose  is  the  construction  or  renovation of residential affordable
    45  housing for conveyance to households that meet certain  income  require-
    46  ments.
    47    (b)  "Community land trust" means a nonprofit organization exempt from
    48  certain taxes pursuant to section 501(c)(3) or section 501(c)(4) of  the
    49  United State internal revenue code and/or that is incorporated under the
    50  not-for-profit  corporation  law  whose  primary  purpose  is to provide
    51  affordable housing by owning land and  leasing  or  selling  residential

        S. 3006                            33                            A. 3006
 
     1  housing  situated  on  that  land to households that meet certain income
     2  requirements.
     3    (c)  "Land  bank"  means  an entity created in accordance with article
     4  sixteen of the not-for-profit corporation law.
     5    (d) "Qualified low-income household" means a household with an  income
     6  upon  initial  occupancy  of  the  residential property of not more than
     7  eighty percent of the area median income, as  annually  defined  by  the
     8  United States department of housing and urban development, and which has
     9  agreed  to  occupy such residential property as a primary residence. The
    10  nonprofit housing organization, community  land  trust,  land  bank,  or
    11  appropriate governmental entity shall certify that a household meets the
    12  income  and  residency  criteria to be considered a qualified low-income
    13  household and shall determine the income and assets that shall  be  used
    14  to determine a household's income for eligibility purposes.
    15    2.  (a) Residential real property subject to a restrictive covenant or
    16  declaration, legal requirement, regulatory agreement or other contractu-
    17  al obligation with a governmental entity,  nonprofit  housing  organiza-
    18  tion, or land bank, and transferred to a qualified low-income household,
    19  or where the land is transferred to a community land trust and the resi-
    20  dential  building situated on the land is or will be leased or sold to a
    21  qualified low-income household, shall be exempt as provided in paragraph
    22  (b) of this subdivision from taxation levied by  or  on  behalf  of  any
    23  county, city, town, village or school district in which such residential
    24  property is located, provided the legislative body or governing board of
    25  such county, city, town or village, after public hearing, adopts a local
    26  law, or a school district, other than a school district to which article
    27  fifty-two  of  the  education law applies, adopts a resolution providing
    28  therefor.
    29    (b) The real property tax exemption shall be an  amount  that  is  not
    30  less  than  twenty-five  percent  nor  more  than  fifty  percent of the
    31  assessed value of the property as provided in legislation or  resolution
    32  pursuant to paragraph (a) of this subdivision.
    33    (c) A copy of any such local law or resolution shall be filed with the
    34  assessor of such county, city, town, or village who prepares the assess-
    35  ment  roll  on  which  the taxes of such county, city, town, village, or
    36  school district are levied.
    37    3. (a) The exemption granted pursuant to this section shall be discon-
    38  tinued in any of the following circumstances:
    39    (i) in the event that a property granted an exemption pursuant to this
    40  section ceases to be used primarily for residential purposes;
    41    (ii) in the event that a property granted  an  exemption  pursuant  to
    42  this section ceases to be used as a primary residence; or
    43    (iii)  in  the  event that a property granted an exemption pursuant to
    44  this section is transferred to another person or entity, other  than  to
    45  any  heirs  or  distributees  of the owner that meet the requirements of
    46  being a qualified low-income household at the time of such transfer.
    47    (b) Upon determining  that  an  exemption  granted  pursuant  to  this
    48  section  should  be  discontinued,  the  assessor shall mail a notice so
    49  stating to the owner or owners thereof at the time  and  in  the  manner
    50  provided  by  section  five  hundred  ten of this chapter. Such owner or
    51  owners shall be entitled to seek administrative and judicial  review  of
    52  such  action  in  the  manner  provided by law, provided that the burden
    53  shall be on such owner  or  owners  to  establish  eligibility  for  the
    54  exemption.
    55    4.  Such exemption shall be granted only upon application by the owner
    56  or owners of such real property on a form prescribed by the  commission-

        S. 3006                            34                            A. 3006
 
     1  er.  The  application  shall  be  filed with the assessor of the county,
     2  city, town, or village having the power to assess property for  taxation
     3  on  or  before the appropriate taxable status date of such county, city,
     4  town, or village.
     5    5.  If satisfied that the applicant is entitled to an exemption pursu-
     6  ant to this section, the assessor shall  approve  the  application,  and
     7  such  residential  property shall thereafter be exempt from taxation and
     8  special ad valorem levies as provided in this  section  commencing  with
     9  the  assessment  roll  prepared  on the basis of the taxable status date
    10  referred to in subdivision four of this section. The assessed  value  of
    11  any  exemption  granted pursuant to this section shall be entered by the
    12  assessor on the assessment roll with  the  taxable  property,  with  the
    13  amount of the exemption shown in a separate column.
    14    §  2.  This  act  shall take effect on the sixtieth day after it shall
    15  have become a law.
 
    16                                   PART L
 
    17    Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
    18  housing finance law, as amended by chapter 229 of the laws of  1989,  is
    19  amended to read as follows:
    20    (a) Upon the consent of the local legislative body of any municipality
    21  in  which  a  project  is  or  is  to be located, the real property in a
    22  project shall be exempt from  local  and  municipal  taxes,  other  than
    23  assessments  for local improvements, to the extent of all or part of the
    24  value of the property included  in  such  project  which  represents  an
    25  increase over the assessed valuation of the real property, both land and
    26  improvements, acquired for the project at the time of its acquisition by
    27  the  limited-profit  housing  company,  provided, however, that the real
    28  property in a project acquired for purposes of rehabilitation  shall  be
    29  exempt  to  the  extent  of  all  or  part  of the value of the property
    30  included in such project, and further provided that the amount  of  such
    31  taxes  to  be  paid  shall not be less than ten per centum of the annual
    32  shelter rent or  carrying  charges  of  such  project  except  that  for
    33  projects  located  or  to  be  located  in a city of a population of one
    34  million or more, [upon the consent of the local legislative body of  the
    35  municipality, the amount of such taxes to be paid may be set at not less
    36  than  (i)  the  taxes  payable with respect to the real property in such
    37  project with respect to the year  nineteen  hundred  seventy-three,  or,
    38  (ii)  if  such  project was not occupied in such year, not less than ten
    39  per centum of the annual shelter rent or carrying charges  first  estab-
    40  lished  pursuant  to subdivision one of section thirty-one of this arti-
    41  cle] the amount of such taxes shall be no more than five per  centum  of
    42  the  annual  shelter  rent  or carrying charges of the project. Upon the
    43  consent of the local legislative body of a municipality,  other  than  a
    44  city  with  a population of one million or more, in which the project is
    45  located, the amount of such taxes may be further  reduced  to  five  per
    46  centum  or  less  of  the annual shelter rent or carrying charges of the
    47  project. Any such granted consent to reduce the  amount  of  such  taxes
    48  shall  expire every ten years. If such authorization is not renewed, the
    49  rate of taxation shall  revert  to  the  level  established  before  the
    50  consent  was  granted.  Shelter rent shall mean the total rents received
    51  from the occupants of a project less the cost of providing to the  occu-
    52  pants  electricity,  gas,  heat  and  other utilities. Total rents shall
    53  include rent supplements and subsidies received from the federal govern-
    54  ment, the state or a municipality on behalf  of  such  occupants[,]  but

        S. 3006                            35                            A. 3006
 
     1  shall  not  include  interest reduction payments pursuant to subdivision
     2  (a) of section two hundred one of the Federal Housing and Urban Develop-
     3  ment Act of nineteen hundred sixty-eight. The tax exemption shall  oper-
     4  ate and continue so long as the mortgage loans of the company, including
     5  any  additional  mortgage  loan the proceeds of which are used primarily
     6  for the residential portion of the project,  which  additional  loan  is
     7  approved by the commissioner or the supervising agency, are outstanding.
     8    § 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
     9  ing  finance  law,  as  amended  by  chapter 229 of the laws of 1989, is
    10  amended to read as follows:
    11    (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
    12  subdivision,  the real property of a state urban development corporation
    13  project acquired, owned, constructed, managed or operated by  a  company
    14  incorporated  pursuant  to  the  not-for-profit corporation law and this
    15  article shall be entitled to all the benefits provided by  section  four
    16  hundred  twenty-two of the real property tax law. The real property of a
    17  state urban development corporation project, other than  a  state  urban
    18  development corporation project acquired, owned, constructed, managed or
    19  operated by a company incorporated pursuant to the not-for-profit corpo-
    20  ration  law and this article, shall be exempt from all local and munici-
    21  pal taxes, other than assessments for local improvements, to the  extent
    22  of  the  value of the property included in such project as represents an
    23  increase over the assessed valuation of the real property, both land and
    24  improvements, acquired for the project on the date of its acquisition by
    25  the limited-profit housing company, provided that  the  amount  of  such
    26  taxes  to  be  paid  shall not be less than ten per centum of the annual
    27  shelter rent or carrying charges of such project, as  defined  in  para-
    28  graph (a) hereof, except that in a city with a population of one million
    29  or  more, the amount of such taxes shall be no more than five per centum
    30  of the annual shelter rent or carrying charges of the project. Upon  the
    31  consent  of the local legislative body of the municipality, other than a
    32  city with a population of one million or more, in which the  project  is
    33  located,  the  amount  of  such taxes may be further reduced to five per
    34  centum or less of the annual shelter rent or  carrying  charges  of  the
    35  project.  Any  such  granted  consent to reduce the amount of such taxes
    36  shall expire every ten years. If such authorization is not renewed,  the
    37  rate  of  taxation  shall  revert  to  the  level established before the
    38  consent was granted. The tax exemption shall  operate  and  continue  so
    39  long  as  the  mortgage  loans  of  such limited profit housing company,
    40  including any additional mortgage loan the proceeds of  which  are  used
    41  primarily  for  the residential portion of the project, which additional
    42  loan is approved by the commissioner  or  the  supervising  agency,  are
    43  outstanding  and  the  project is continued to be operated as a limited-
    44  profit housing project. If a state urban development corporation project
    45  qualifying for tax exemption pursuant to this paragraph  is  sold,  with
    46  the  approval  of  the  commissioner,  to another limited-profit housing
    47  company, such successor company shall be entitled to all the benefits of
    48  this paragraph. In the event that such sale is to a company incorporated
    49  pursuant to the not-for-profit corporation law and  this  article,  such
    50  successor  company  shall  be  entitled  to all the benefits provided by
    51  section four hundred twenty-two of the real property tax law.
    52    § 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
    53  ing finance law, as amended by chapter 744  of  the  laws  of  1977,  is
    54  amended to read as follows:
    55    (d)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
    56  subdivision, when a project is financed with a mortgage loan pursuant to

        S. 3006                            36                            A. 3006
 
     1  this article or article three of this chapter and (i) there is a partic-
     2  ipation, new loan or investment pursuant to  section  twenty-three-b  of
     3  this  article or (ii) such mortgage loan is assigned, modified or satis-
     4  fied  pursuant  to section twenty-three-a or forty-four-b or subdivision
     5  twenty-two-a of section six hundred fifty-four of this chapter, the real
     6  property of the project shall be exempt from  all  local  and  municipal
     7  taxes,  other  than assessments for local improvements, to the extent of
     8  the value of the real property included in such project which represents
     9  an increase over the assessed valuation of the real property, both  land
    10  and  improvements,  acquired for the project on the date of its original
    11  acquisition for the project by the original mortgagor under  a  mortgage
    12  loan pursuant to this article or article three of this chapter, provided
    13  that  the  amount  of  taxes to be paid on the project shall not be less
    14  than ten per centum of the annual shelter rent or  carrying  charges  of
    15  such  project,  as  defined in paragraph (a) of this subdivision, except
    16  that in a city with a population of one million or more, the  amount  of
    17  such  taxes  shall be no more than five per centum of the annual shelter
    18  rent or carrying charges of the project. Upon the consent of  the  local
    19  legislative  body  of  the  municipality, other than a city with a popu-
    20  lation of one million or more, in which  the  project  is  located,  the
    21  amount  of  such taxes may be further reduced to five per centum or less
    22  of the annual shelter rent or carrying charges of the project. Any  such
    23  granted  consent  to  reduce the amount of such taxes shall expire every
    24  ten years. If such authorization is not renewed, the  rate  of  taxation
    25  shall  revert  to  the level established before the consent was granted.
    26  Such tax exemption shall commence in each instance from  the  date  when
    27  the project becomes subject to a mortgage insured by the federal govern-
    28  ment  and  shall  operate  and  continue  so  long as a mortgage on such
    29  project is insured or held by the federal government or so long  as  the
    30  project  is thereafter owned by the federal government or so long as any
    31  residual indebtedness is outstanding, whichever is longer. When there is
    32  a participation, new loan or  investment  pursuant  to  section  twenty-
    33  three-b  of  this  article,  such  participation, new loan or investment
    34  shall be deemed to be the equivalent of a federally insured mortgage for
    35  purposes of this paragraph. Nothing contained in this paragraph shall be
    36  construed to limit or otherwise impair the  benefits  available  to  any
    37  company  eligible  for exemption from taxation pursuant to section thir-
    38  ty-one or section thirty-six-a of this  article,  section  four  hundred
    39  twenty-two  or  section  four hundred sixty-seven-c of the real property
    40  tax law, or section fifty-eight of the public housing law. The foregoing
    41  shall not be deemed to authorize any company to receive the benefits  of
    42  any  exemption  from  taxation  in  contravention  of  the provisions of
    43  section two of article eighteen of the constitution.
    44    § 4. Subdivision 4 of section 33 of the private housing  finance  law,
    45  as  amended  by  chapter  229 of the laws of 1989, is amended to read as
    46  follows:
    47    4. Notwithstanding the provisions of subdivision one  hereof,  when  a
    48  mutual  company is organized under this article to facilitate the acqui-
    49  sition of a building by residents  thereof,  the  amount  of  local  and
    50  municipal  taxes,  other  than assessments for local improvements, to be
    51  paid on the real property  included  in  such  project,  both  land  and
    52  improvements,  shall  not exceed twenty per centum of the annual shelter
    53  rent or carrying charges of such project, as defined in paragraph (a) of
    54  subdivision one hereof; provided, however, that where  such  acquisition
    55  of  a  building by residents thereof involves the financing of rehabili-
    56  tation or other improvement as well as acquisition, upon the consent  of

        S. 3006                            37                            A. 3006
 
     1  the  local  legislative body of the municipality in which the project is
     2  located the amount of such taxes may be further  reduced  provided  that
     3  such  amount shall not be less than ten per centum of the annual shelter
     4  rent  or carrying charges of the project, as defined in paragraph (a) of
     5  subdivision one hereof; or the company may in lieu  of  requesting  such
     6  consent  apply for the benefits of the local law, if any, enacted pursu-
     7  ant to section four hundred eighty-nine of the real  property  tax  law.
     8  Notwithstanding  any other provision of this subdivision, in a city with
     9  a population of one million or more, the amount of such taxes  shall  be
    10  no  more  than  five  per  centum of the annual shelter rent or carrying
    11  charges of the project. Upon the consent of the local  legislative  body
    12  of  the municipality, other than a city with a population of one million
    13  or more, in which the project is located, the amount of such  taxes  may
    14  be further reduced to five per centum or less of the annual shelter rent
    15  or  carrying  charges of the project. Any such granted consent to reduce
    16  the amount of such taxes shall expire every ten years. If such  authori-
    17  zation  is  not  renewed, the rate of taxation shall revert to the level
    18  established before the consent was granted. Such tax exemption, if  any,
    19  granted pursuant to this article shall operate and continue so long as a
    20  loan  made  under  this  article  or any subsequent loan approved by the
    21  commissioner or  the  supervising  agency  to  enhance  the  residential
    22  portion  of  the project and the project is continued to be operated for
    23  the purposes set forth in this article is outstanding.
    24    § 5. This act shall take effect immediately.
 
    25                                   PART M
 
    26    Section 1. The section heading of section 485-r of the  real  property
    27  tax law, as added by chapter 406 of the laws of 2015, is amended to read
    28  as follows:
    29    Residential   redevelopment  inhibited  property  exemption[;  certain
    30  cities].
    31    § 2. Subdivision 1 of section 485-r of the real property tax  law,  as
    32  added by chapter 406 of the laws of 2015 and paragraph (f) as amended by
    33  chapter 28 of the laws of 2016, is amended to read as follows:
    34    1. As used in this section, the following terms shall have the follow-
    35  ing meanings:
    36    (a)  "Redevelopment inhibited property" shall mean a residential prop-
    37  erty that has been neglected or abandoned because of the local  economic
    38  conditions  and/or conditions on the property that inhibit such property
    39  from being redeveloped by the private sector as described in subdivision
    40  three of  this  section.  Redevelopment  inhibited  property  shall  not
    41  include land that is undeveloped.
    42    (b)  "Gap financing costs" shall mean the total cost of the property's
    43  redevelopment as approved by  the  city,  town,  or  village  minus  the
    44  increase  in  the  full valuation of the property upon completion of the
    45  redevelopment.
    46    (c) "Base assessment" shall mean the assessed value of the property on
    47  the day the city, town, or village designates the property as redevelop-
    48  ment inhibited.
    49    (d) "Increased assessment" shall mean the assessed value of the  prop-
    50  erty as determined by the assessor upon completion of the redevelopment.
    51    (e)  "Incremental  increase  in  annual property taxes" shall mean the
    52  taxes based on the increased assessment minus the  taxes  based  on  the
    53  base assessment.

        S. 3006                            38                            A. 3006

     1    [(f)  "City"  shall  mean  a  city  with a population of not less than
     2  fifteen thousand two hundred fifty and not more  than  fifteen  thousand
     3  five hundred as determined by the latest federal decennial census.]
     4    §  3.  Subdivision 2 of section 485-r of the real property tax law, as
     5  added by chapter 406 of the laws of 2015, is amended to read as follows:
     6    2. A city, town, or  village  may,  by  local  law,  provide  for  the
     7  exemption  of  real  property from taxation as provided in this section.
     8  Subsequent to the adoption of such local law, the county in  which  such
     9  city,  town,  or  village  is  located may after a public hearing and by
    10  local law, and any school district, all or part of which is  located  in
    11  such  city,  town,  or village, may, by resolution, exempt such property
    12  from its taxation in the same manner and to the same extent as the city,
    13  town, or village has done.
    14    § 4. Subdivision 3 of section 485-r of the real property tax  law,  as
    15  added by chapter 406 of the laws of 2015, is amended to read as follows:
    16    3.  A local law adopted by a city, town, or village pursuant to subdi-
    17  vision two of this section shall designate  any  property  within  [the]
    18  such  city,  town,  or village's boundaries as a redevelopment inhibited
    19  property if one or more of the following are met:
    20    (a) the city, town, or village has  acquired  title  to  the  property
    21  pursuant  to  article  nineteen-A  of  the  real  property  actions  and
    22  proceedings law; or
    23    (b) the property has been continuously vacant for a period of at least
    24  three years; or
    25    (c) the county, city, town or village in which the property is located
    26  has acquired title to the property  via  foreclosure  for  unpaid  taxes
    27  pursuant to article eleven of this chapter; or
    28    (d)  the  property  has  outstanding  zoning, housing, or uniform code
    29  violations and the cost of remedying the violations exceeds the  proper-
    30  ty's value.
    31    §  5.  Subdivision 4 of section 485-r of the real property tax law, as
    32  added by chapter 406 of the laws of 2015, is amended to read as follows:
    33    4. (a) Upon the adoption of such local  law,  redevelopment  inhibited
    34  property  shall be exempt from taxation and special ad valorem levies to
    35  the extent of any increase in value attributable to  demolition,  alter-
    36  ation, rehabilitation, or remediation pursuant to the following require-
    37  ments:
    38    (i)  the  demolition,  alterations, rehabilitation, and/or remediation
    39  shall be permitted by the [city's] applicable bureau of inspection  such
    40  that  building  or  plumbing  permits issued and said demolition, alter-
    41  ations, rehabilitation, and/or remediation shall have met all  necessary
    42  approvals  per the applicable New York state uniform fire prevention and
    43  building code, the [city's] applicable municipal code and  the  [city's]
    44  applicable bureau of inspection upon completion; and
    45    (ii)  the  property  for  which  the  exemption is sought shall be [an
    46  owner-occupied one-family residence] a one to  four-unit  residence  and
    47  occupied as the primary residence of the owner or a tenant; and
    48    (iii)  the  owner of such property shall file annually an affidavit of
    49  residency with the assessor of the city, town, or village on  or  before
    50  the appropriate taxable status date [of such city], confirming continued
    51  [owner-occupancy]  occupancy of the property by the owner or a tenant as
    52  their primary residence; and
    53    (iv) the redevelopment inhibited property is exempt from taxation  and
    54  special ad valorem levies attributable to the increased assessment minus
    55  the  taxes and special ad valorem levies imposed on the base assessment.
    56  Such exemption shall not apply to special assessments.

        S. 3006                            39                            A. 3006
 
     1    (b) In the event the property granted an exemption  pursuant  to  this
     2  section  ceases  to  be [owner-]occupied as the primary residence of the
     3  owner or tenant and/or the affidavit of residency is not filed  annually
     4  for  the  approved  exemption  period, the exemption granted pursuant to
     5  this section shall cease.
     6    (c)  In  the  event the property granted an exemption pursuant to this
     7  section ceases to be a  [one-family]  one  to  four-unit  dwelling,  the
     8  exemption granted pursuant to this section shall cease.
     9    (d) In the event the owner of the property is convicted of a violation
    10  or  misdemeanor  pursuant  to New York state uniform fire prevention and
    11  building code or the [city's] applicable municipal code,  the  exemption
    12  granted pursuant to this section shall cease.
    13    §  6.  Subdivision 6 of section 485-r of the real property tax law, as
    14  added by chapter 406 of the laws of 2015, is amended to read as follows:
    15    6. (a) Such exemption shall be granted only upon  application  by  the
    16  owner of such building for the residential redevelopment inhibited prop-
    17  erty exemption, on a form prescribed by the city, town, or village. Such
    18  application  must  be  filed  with  the  assessor  of the city, town, or
    19  village on or before the appropriate taxable status date [of such city].
    20  The application must be filed with the assessor of the  city,  town,  or
    21  village  within  three years from the date of completing the demolition,
    22  alterations, rehabilitation, and/or remediation.
    23    (b) The owner filing for such exemption shall not be  required  to  be
    24  the  owner responsible for completing the demolition, alterations, reha-
    25  bilitation, and/or remediation.
    26    (c) If the assessor is satisfied that the applicant is entitled to  an
    27  exemption  pursuant  to  this  section,  [he or she] such assessor shall
    28  approve the application and  such  real  property  shall  thereafter  be
    29  exempt from taxation and special ad valorem levies by the city, town, or
    30  village  commencing  with the assessment roll prepared after the taxable
    31  status date referred to in this subdivision. The assessed value  of  any
    32  exemption  granted  pursuant  to  this  section  shall be entered by the
    33  assessor of the city, town, or village on the assessment roll  with  the
    34  taxable  property,  with the amount of the exemption shown in a separate
    35  column.
    36    (d) Once granted, the  residential  redevelopment  inhibited  property
    37  exemption  runs  with the land for the exemption period pursuant to this
    38  section.
    39    § 7. This act shall take effect on the thirtieth day  after  it  shall
    40  have become a law.
 
    41                                   PART N
 
    42    Section  1.  Notwithstanding  any  other provision of law, the housing
    43  trust fund corporation may provide, for  purposes  of  the  neighborhood
    44  preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
    45  year ending March 31, 2026. Notwithstanding any other provision of  law,
    46  and  subject to the approval of the New York state director of the budg-
    47  et, the board of directors of the state  of  New  York  mortgage  agency
    48  shall  authorize the transfer to the housing trust fund corporation, for
    49  the purposes of reimbursing any costs associated with neighborhood pres-
    50  ervation program contracts authorized by this section, a total  sum  not
    51  to  exceed  $12,830,000,  such  transfer to be made from (i) the special
    52  account of the mortgage  insurance  fund  created  pursuant  to  section
    53  2429-b  of  the  public  authorities law, in an amount not to exceed the
    54  actual excess balance in the special account of the  mortgage  insurance

        S. 3006                            40                            A. 3006
 
     1  fund,  as  determined  and  certified  by the state of New York mortgage
     2  agency for the fiscal year 2024-2025 in accordance with  section  2429-b
     3  of  the  public  authorities  law, if any, and/or (ii) provided that the
     4  reserves in the project pool insurance account of the mortgage insurance
     5  fund  created  pursuant  to section 2429-b of the public authorities law
     6  are sufficient to attain and maintain the credit rating  (as  determined
     7  by  the  state  of  New York mortgage agency) required to accomplish the
     8  purposes of such account, the project  pool  insurance  account  of  the
     9  mortgage insurance fund, such transfer to be made as soon as practicable
    10  but no later than June 30, 2025.
    11    §  2.  Notwithstanding  any  other provision of law, the housing trust
    12  fund corporation may provide, for purposes  of  the  rural  preservation
    13  program, a sum not to exceed $5,360,000 for the fiscal year ending March
    14  31, 2026. Notwithstanding any other provision of law, and subject to the
    15  approval  of  the  New  York  state director of the budget, the board of
    16  directors of the state of New York mortgage agency shall  authorize  the
    17  transfer  to  the  housing  trust  fund corporation, for the purposes of
    18  reimbursing  any  costs  associated  with  rural  preservation   program
    19  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    20  $5,360,000, such transfer to be made from (i) the special account of the
    21  mortgage insurance fund created pursuant to section 2429-b of the public
    22  authorities law, in an amount not to exceed the actual excess balance in
    23  the special account of the mortgage insurance fund,  as  determined  and
    24  certified  by  the state of New York mortgage agency for the fiscal year
    25  2024-2025 in accordance with section 2429-b of  the  public  authorities
    26  law,  if any, and/or (ii) provided that the reserves in the project pool
    27  insurance account of the mortgage insurance  fund  created  pursuant  to
    28  section  2429-b  of  the public authorities law are sufficient to attain
    29  and maintain the credit rating (as determined by the state of  New  York
    30  mortgage  agency)  required  to accomplish the purposes of such account,
    31  the project pool insurance account of the mortgage insurance fund,  such
    32  transfer  to  be  made as soon as practicable but no later than June 30,
    33  2025.
    34    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    35  fund  corporation  may provide, for purposes of the rural rental assist-
    36  ance program pursuant to article 17-A of  the  private  housing  finance
    37  law,  a  sum  not to exceed $23,455,000 for the fiscal year ending March
    38  31, 2026.  Notwithstanding any other provision of law,  and  subject  to
    39  the  approval of the New York state director of the budget, the board of
    40  directors of the state of New York mortgage agency shall  authorize  the
    41  transfer  to  the  housing  trust  fund corporation, for the purposes of
    42  reimbursing any costs associated with rural  rental  assistance  program
    43  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    44  $23,455,000, such transfer to be made from (i) the  special  account  of
    45  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    46  public authorities law, in an amount not to  exceed  the  actual  excess
    47  balance in the special account of the mortgage insurance fund, as deter-
    48  mined  and  certified  by  the state of New York mortgage agency for the
    49  fiscal year 2024-2025 in accordance with section 2429-b  of  the  public
    50  authorities  law,  if any, and/or (ii) provided that the reserves in the
    51  project pool insurance account of the mortgage  insurance  fund  created
    52  pursuant  to section 2429-b of the public authorities law are sufficient
    53  to attain and maintain the credit rating, as determined by the state  of
    54  New  York  mortgage  agency, required to accomplish the purposes of such
    55  account, the project pool insurance account of  the  mortgage  insurance

        S. 3006                            41                            A. 3006
 
     1  fund,  such  transfer  shall be made as soon as practicable but no later
     2  than June 30, 2025.
     3    §  4. Notwithstanding any other provision of law, the homeless housing
     4  and assistance corporation may provide, for purposes  of  the  New  York
     5  state  supportive  housing  program,  the  solutions to end homelessness
     6  program or the operational support for AIDS housing program, or to qual-
     7  ified grantees under such programs, in accordance with the  requirements
     8  of  such  programs,  a sum not to exceed $56,381,000 for the fiscal year
     9  ending March 31, 2026. The homeless housing and  assistance  corporation
    10  may  enter into an agreement with the office of temporary and disability
    11  assistance to administer such sum in accordance with the requirements of
    12  such programs. Notwithstanding any other provision of law,  and  subject
    13  to  the approval of the New York state director of the budget, the board
    14  of directors of the state of New York mortgage  agency  shall  authorize
    15  the transfer to the homeless housing and assistance corporation, a total
    16  sum  not  to  exceed  $56,381,000, such transfer to be made from (i) the
    17  special account of the  mortgage  insurance  fund  created  pursuant  to
    18  section 2429-b of the public authorities law, in an amount not to exceed
    19  the  actual excess balance in the special account of the mortgage insur-
    20  ance fund, as determined and certified by the state of New York mortgage
    21  agency for the fiscal year 2024-2025 in accordance with  section  2429-b
    22  of  the  public  authorities  law, if any, and/or (ii) provided that the
    23  reserves in the project pool insurance account of the mortgage insurance
    24  fund created pursuant to section 2429-b of the  public  authorities  law
    25  are sufficient to attain and maintain the credit rating as determined by
    26  the  state  of  New  York  mortgage  agency,  required to accomplish the
    27  purposes of such account, the project  pool  insurance  account  of  the
    28  mortgage  insurance fund, such transfer shall be made as soon as practi-
    29  cable but no later than March 31, 2026.
    30    § 5. This act shall take effect immediately.
 
    31                                   PART O
 
    32    Section 1. Section 3 of part N of chapter 56  of  the  laws  of  2020,
    33  amending the social services law relating to restructuring financing for
    34  residential  school  placements,  as  amended  by section 1 of part G of
    35  chapter 56 of the laws of 2024, is amended to read as follows:
    36    § 3. This act shall take effect immediately [and shall expire  and  be
    37  deemed  repealed April 1, 2025]; provided however that the amendments to
    38  subdivision 10 of section 153 of the social services law made by section
    39  one of this act, shall not affect the expiration of such subdivision and
    40  shall be deemed to expire therewith.
    41    § 2. This act shall take effect immediately and  shall  be  deemed  to
    42  have been in full force and effect on and after April 1, 2025.
 
    43                                   PART P
 
    44    Section  1. The social services law is amended by adding a new section
    45  390-n to read as follows:
    46    § 390-n. Child care support center; operating certificate required. 1.
    47  For purposes of this section, "child care support center" shall  mean  a
    48  business  entity  that is certified by the office of children and family
    49  services to place individuals as substitute caregivers at child day care
    50  centers, group family day care homes, family day care homes,  or  school
    51  age  child  care  programs as defined in section three hundred ninety of
    52  this title for the purpose of providing child day care.

        S. 3006                            42                            A. 3006
 
     1    2. The office of children and family services shall be  authorized  to
     2  certify, regulate, and inspect child care support centers. The office of
     3  children and family services may, at its discretion, limit the number of
     4  operating certificates issued.
     5    3.  No  entity  may  place  substitute  caregivers  at  child day care
     6  centers, group family day care homes, family day care homes,  or  school
     7  age  child  care  programs unless it possesses a valid operating certif-
     8  icate issued by the office of children and family services.
     9    4. Prior to placing an individual as a substitute caregiver at a child
    10  day care center, group family day care home, family day  care  home,  or
    11  school age child care program as defined in section three hundred ninety
    12  of  this title for the purpose of providing child day care, a child care
    13  support center shall verify that the substitute caregiver has met the:
    14    (a) standards and training requirements set  forth  in  section  three
    15  hundred ninety-a of this title for child day care program employees;
    16    (b)  criminal  history review and background clearance requirements of
    17  section three hundred ninety-b of this title for  prospective  employees
    18  of a child day care program; and
    19    (c)  any  other  requirements  established  by  the regulations of the
    20  office of children and family services.
    21    5. Operating certificates issued under this section shall remain valid
    22  unless surrendered by the child care support center or  revoked  by  the
    23  office of children and family services. The office of children and fami-
    24  ly  services  may  revoke  an  operating  certificate at any time upon a
    25  determination that the child care support center  has  not  operated  in
    26  accordance with applicable state or federal law.
    27    6.  The  office of children and family services shall deny an applica-
    28  tion for certification of a child care support center if  the  applicant
    29  had  an  operating certificate revoked within the two years prior to the
    30  date of application.
    31    § 2. Section 390-b of the social services law is amended by  adding  a
    32  new subdivision 12 to read as follows:
    33    12.  A  child  care support center certified pursuant to section three
    34  hundred ninety-n of this title shall be authorized to request clearances
    35  for substitute caregivers in accordance with  this  section.  Substitute
    36  caregivers  shall  be  considered "prospective employees" of a child day
    37  care program under subparagraph (iii) of paragraph  (a)  of  subdivision
    38  two of this section.
    39    §  3. This act shall take effect one year after it shall have become a
    40  law. Effective immediately, the addition, amendment,  and/or  repeal  of
    41  any  rule  or regulation necessary for the implementation of this act on
    42  its effective date are authorized to be made and completed on or  before
    43  such effective date.
 
    44                                   PART Q
 
    45    Section  1.  Paragraph  (e)  of  subdivision 5 of section 131-a of the
    46  social services law, as added by chapter 1053 of the laws  of  1981,  is
    47  amended and a new paragraph (f-1) is added to read as follows:
    48    (e)  [Provision]  provision of allowances as prescribed by regulations
    49  of the department to meet the needs of a pregnant [woman, beginning with
    50  the fourth month  of  pregnancy  which  has  been  medically  verified.]
    51  person;
    52    (f-1)  a  one-time  benefit  to  public assistance recipients upon the
    53  birth of a new child, as prescribed by regulations of the department.

        S. 3006                            43                            A. 3006
 
     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law.
 
     3                                   PART R
 
     4    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
     5  section 131-o of the social services law, as amended  by  section  1  of
     6  part  H  of  chapter  56  of  the  laws  of 2024, are amended to read as
     7  follows:
     8    (a) in the case of each individual receiving family  care,  an  amount
     9  equal to at least [$181.00] $186.00 for each month beginning on or after
    10  January first, two thousand [twenty-four] twenty-five.
    11    (b)  in  the  case  of  each individual receiving residential care, an
    12  amount equal to at least [$208.00] $213.00 for each month  beginning  on
    13  or after January first, two thousand [twenty-four] twenty-five.
    14    (c)  in  the  case  of  each individual receiving enhanced residential
    15  care, an amount equal to at  least  [$249.00]  $255.00  for  each  month
    16  beginning  on or after January first, two thousand [twenty-four] twenty-
    17  five.
    18    (d) for the period commencing January  first,  two  thousand  [twenty-
    19  five]  twenty-six,  the  monthly  personal  needs  allowance shall be an
    20  amount equal to the sum of the amounts set forth  in  subparagraphs  one
    21  and two of this paragraph:
    22    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
    23  subdivision; and
    24    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
    25  the  percentage  of  any  federal  supplemental  security income cost of
    26  living adjustment which becomes effective on or after January first, two
    27  thousand [twenty-five] twenty-six, but  prior  to  June  thirtieth,  two
    28  thousand [twenty-five] twenty-six, rounded to the nearest whole dollar.
    29    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
    30  section 209 of the social services law, as amended by section 2 of  part
    31  H of chapter 56 of the laws of 2024, are amended to read as follows:
    32    (a)   On   and   after   January  first,  two  thousand  [twenty-four]
    33  twenty-five,  for  an  eligible  individual  living  alone,  [$1,030.00]
    34  $1,054.00;   and  for  an  eligible  couple  living  alone,  [$1,519.00]
    35  $1,554.00.
    36    (b)  On  and  after  January   first,   two   thousand   [twenty-four]
    37  twenty-five, for an eligible individual living with others with or with-
    38  out in-kind income, [$966.00] $990.00; and for an eligible couple living
    39  with others with or without in-kind income, [$1,461.00] $1,496.00.
    40    (c)   On   and   after   January  first,  two  thousand  [twenty-four]
    41  twenty-five, (i) for  an  eligible  individual  receiving  family  care,
    42  [$1,209.48]  $1,233.48  if [he or she] such individual is receiving such
    43  care in the city of New York or the county of Nassau, Suffolk, Westches-
    44  ter or Rockland; and (ii) for an eligible couple receiving  family  care
    45  in the city of New York or the county of Nassau, Suffolk, Westchester or
    46  Rockland,  two  times  the  amount set forth in subparagraph (i) of this
    47  paragraph; or (iii) for an eligible individual receiving  such  care  in
    48  any  other  county  in the state, [$1,171.48] $1,195.48; and (iv) for an
    49  eligible couple receiving such care in any other county  in  the  state,
    50  two times the amount set forth in subparagraph (iii) of this paragraph.
    51    (d)   On   and   after   January  first,  two  thousand  [twenty-four]
    52  twenty-five, (i) for an eligible individual receiving residential  care,
    53  [$1,378.00]  $1,402.00  if [he or she] such individual is receiving such
    54  care in the city of New York or the county of Nassau, Suffolk, Westches-

        S. 3006                            44                            A. 3006
 
     1  ter or Rockland; and (ii) for an eligible couple  receiving  residential
     2  care in the city of New York or the county of Nassau, Suffolk, Westches-
     3  ter  or  Rockland, two times the amount set forth in subparagraph (i) of
     4  this  paragraph; or (iii) for an eligible individual receiving such care
     5  in any other county in the state, [$1,348.00] $1,372.00; and (iv) for an
     6  eligible couple receiving such care in any other county  in  the  state,
     7  two times the amount set forth in subparagraph (iii) of this paragraph.
     8    (e)   On   and   after   January  first,  two  thousand  [twenty-four]
     9  twenty-five, (i) for an eligible individual receiving enhanced  residen-
    10  tial  care,  [$1,637.00]  $1,661.00;  and  (ii)  for  an eligible couple
    11  receiving enhanced residential care, two times the amount set  forth  in
    12  subparagraph (i) of this paragraph.
    13    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    14  vision  shall  be  increased to reflect any increases in federal supple-
    15  mental security income benefits for individuals or couples which  become
    16  effective  on or after January first, two thousand [twenty-five] twenty-
    17  six but prior to June thirtieth, two thousand [twenty-five] twenty-six.
    18    § 3. This act shall take effect December 31, 2025.

    19                                   PART S
 
    20    Section 1. Section 4 of part W of chapter  54  of  the  laws  of  2016
    21  amending  the  social services law relating to the powers and duties  of
    22  the commissioner of social services relating to  the  appointment  of  a
    23  temporary  operator,  as amended by section 1 of part T of chapter 56 of
    24  the laws of 2022, is amended to read as follows:
    25    § 4. This act shall take effect immediately and  shall  be  deemed  to
    26  have  been in full force and effect on and after April 1, 2016, provided
    27  further that this act shall expire and  be  deemed  repealed  March  31,
    28  [2025] 2028.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART T
 
    31    Section  1.  Article  19-D of the labor law, as added by chapter 88 of
    32  the laws of 2021, is amended to read as follows:

    33                                 ARTICLE 19-D
    34               MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
 
    35    Section 696-a. Definitions.
    36          [696-b. Certification to the commissioner.
    37          696-c.] 696-b. Minimum wage rate for covered airport workers.
    38          [696-d.] 696-c. Commissioner's powers of investigation.
    39          [696-e.] 696-d. Records of employers.
    40          [696-f.] 696-e. Penalties.
    41          [696-g.] 696-f. Civil action.
    42          [696-h.] 696-g. Regulations.
    43          [696-i.] 696-h. Savings clause.
    44    § 696-a. Definitions. As used in this  article:  1.  "Covered  airport
    45  location"  means  John  F.  Kennedy  International Airport and LaGuardia
    46  Airport or any location used to perform [airline catering] work [as such
    47  work is described in subparagraph (iv) of paragraph (a)  of  subdivision
    48  two  of this section] related to the preparation or delivery of food for

        S. 3006                            45                            A. 3006
 
     1  consumption on airplanes departing from John  F.  Kennedy  International
     2  Airport or LaGuardia Airport.
     3    2.  (a)  "Covered airport worker" means any person employed to perform
     4  work at a covered airport location [provided at least  one-half  of  the
     5  employee's  time  during  any workweek is performed at a covered airport
     6  location and who works in one of the following covered categories:
     7    (i) Cleaning and related services, which shall mean:
     8    (1) building cleaning,  including  warehouse,  kitchen,  and  terminal
     9  cleaning,  including  common  areas,  gateways,  gates,  lounges, clubs,
    10  concession areas, terminal entryways from ramp and where planes park  at
    11  the  gate, and other nearby facilities used for the preparation, packag-
    12  ing, and storage of inflight meals and supplies; and
    13    (2) aircraft and cabin cleaning, including lavatory and water disposal
    14  and replenishment, lift truck driving and helping, dispatching, cleaning
    15  crew driving, and sorting and packing of  inflight  materials,  such  as
    16  blankets, pillows, and magazines;
    17    (ii)  Security  related services, including catering security, escort-
    18  ing, escort security, passenger aircraft security, fire guarding, termi-
    19  nal security,  baggage  security,  traffic  security,  cargo  screening,
    20  including  guarding,  warehouse security, concessions and airport lounge
    21  security, security dispatch, and security at nearby facilities used  for
    22  the preparation, packaging, and storage of inflight meals; or
    23    (iii)  In  terminal and passenger handling services, including baggage
    24  handling, sky cap services, wheelchair attending,  wheelchair  dispatch-
    25  ing,  customer and passenger services, line queue, identification check-
    26  ing, porter services for baggage, and  passenger  and  employee  shuttle
    27  driving.
    28    (iv)  Airline  catering,  including work related to the preparation or
    29  delivery of food or beverage for consumption on airplanes departing from
    30  a covered airport location or related location; or
    31    (v) Airport lounge services, including food and retail services].
    32    (b) "Covered airport worker" shall not include [anyone  who  works  in
    33  one of the following non-covered categories:
    34    (i) Non-cleaning and security related cargo and ramp services, includ-
    35  ing  ramp  baggage  and  cargo  handling, load control and ramp communi-
    36  cation, aircraft mechanics and fueling of aircraft, provision  of  cool-
    37  ing,  heating,  and power, passenger aircraft servicing, cabin equipment
    38  maintenance, guiding aircraft  in  and  out  of  gates,  and  gate  side
    39  aircraft maintenance;
    40    (ii) Ramp and tarmac maintenance services, including operation of snow
    41  plows, ramp cleaning vehicles, and tarmac sweepers;
    42    (iii) Concession services, including food service, which includes food
    43  and  beverage  service,  wait service, and cashiers, and retail service,
    44  which includes news, and gifts, and duty-free;
    45    (c) "Covered airport worker" shall not include direct employees of the
    46  Port Authority of New York and New  Jersey,  or  any  workers  hired  by
    47  companies  contracted  by the Port Authority of New York and New Jersey,
    48  that are performing work under such contract]  persons  employed  in  an
    49  executive,  administrative,  or  professional  capacity  as  defined  in
    50  subparagraph one of paragraph (a) of section thirteen of the Fair  Labor
    51  Standards  Act of 1938 (29 U.S.C. s.213 et seq.), or persons employed by
    52  the Port Authority of New York and New Jersey or any other  governmental
    53  agency.
    54    [(d)] (c) "Covered airport worker" shall [include only:

        S. 3006                            46                            A. 3006

     1    (i) Employees employed at a covered airport location on December thir-
     2  tieth,  two  thousand  twenty and who are working an average of at least
     3  thirty hours per week; and
     4    (ii)  Employees  employed  at  a  covered airport location on or after
     5  January first, two thousand twenty-three and  who  are  working  for  an
     6  average of thirty hours per week.
     7    (e)  "Covered  airport worker" shall also not include persons employed
     8  in an executive, administrative, or professional capacity as defined  in
     9  subparagraph  one of paragraph (a) of section thirteen of the Fair Labor
    10  Standards Act of 1938] for any week, not include an employee working  at
    11  a covered airport location during that week, for less than thirty hours.
    12    3. "Successor airport employer" means any [person who furnishes clean-
    13  ing  and  related  services,  security related services, in terminal and
    14  passenger  handling  services,  airline  catering,  or  airport   lounge
    15  services]  employer  that  employs  covered  airport workers who provide
    16  services at a covered airport location that are substantially similar to
    17  those that were provided by covered airport workers previously  employed
    18  by another employer at such covered airport location.
    19    4.  "Employer" means any person, corporation, limited liability compa-
    20  ny, or association employing any individual in an occupation,  industry,
    21  trade,  business  or  service.  The  term "employer" shall not include a
    22  governmental agency.
    23    5. [The "standard wage rate" means the greater of:
    24    (a) any minimum wage  rate  that  would  be  otherwise  applicable  to
    25  covered airport workers established by article nineteen of this chapter;
    26  or
    27    (b)  any  otherwise applicable minimum wage rate established through a
    28  policy of the Port Authority of New York and New Jersey] The "applicable
    29  standard rate" means the  wage  and  benefit  rates  designated  by  the
    30  commissioner  based  on  the determinations made by the General Services
    31  Administration pursuant to the federal McNamara-O'Hara Service  Contract
    32  Act of 1965 (41 U.S.C. 6701 et seq.), for the appropriate localities and
    33  classifications  of  building service employees; provided, however, that
    34  in no event shall the prevailing  wage  rate  applicable  to  a  covered
    35  airport  worker on and after January first, two thousand twenty-five and
    36  every year thereafter be less than the following:
    37    (a) any otherwise applicable minimum wage rate established  through  a
    38  regulation of the Port Authority of New York and New Jersey; and
    39    (b)  an  amount  of  supplemental  wages  or a supplemental healthcare
    40  contribution equal to the rate for health and welfare  for  all  occupa-
    41  tions,  designated  by the commissioner based on the determinations made
    42  by the federal department  of  labor  pursuant  to  the  McNamara-O'Hara
    43  Service Contract Act of 1965 (41 U.S.C. 6701 et seq.) for the geographic
    44  region  in  which the covered airport location is situated and in effect
    45  on the date of the designation by the commissioner; and
    46    (c) paid leave equal to the paid leave requirements designated by  the
    47  commissioner  the  immediately  preceding  January  first,  based on the
    48  determinations made by the General Services Administration  pursuant  to
    49  the  McNamara-O'Hara  Service  Contract  Act  of 1965 (41 U.S.C. 6701 et
    50  seq.).
    51    6. [The "standard benefits supplement rate" means an hourly supplement
    52  of four dollars and fifty-four cents furnished to an employee by provid-
    53  ing at least four dollars and fifty-four cents per hour toward the  cost
    54  of  minimum essential coverage under an eligible employer-sponsored plan
    55  as defined in treasury regulation section 1.5000A-2(c)(1)  beginning  on
    56  July  first,  two  thousand twenty-one. The standard benefits supplement

        S. 3006                            47                            A. 3006

     1  rate shall apply only to the first forty hours worked  by  each  covered
     2  airport  worker  in  each week and shall not apply to any overtime hours
     3  worked by any covered airport worker. The standard  benefits  supplement
     4  rate  shall  apply  to  any paid leave taken by a covered airport worker
     5  that does not exceed forty hours in a  week]  "Commissioner"  means  the
     6  commissioner of labor of the state of New York.
     7    [7. The "applicable standard rate" shall mean a combination of (a) the
     8  standard wage rate; and (b) the standard benefits supplemental rate.
     9    § 696-b. Certification  to  the  commissioner.  1. No later than March
    10  thirty-first, two  thousand  twenty-one,  each  employer  of  a  covered
    11  airport worker shall submit to the commissioner a sworn statement certi-
    12  fying the total number of workers employed by such employer at a covered
    13  airport  location  to  perform  cleaning  and related services, security
    14  related services, in terminal and passenger handling  services,  airline
    15  catering,  or  airport lounge services, at a covered airport location on
    16  December thirtieth, two thousand twenty, and identifying the number that
    17  is equal to eighty percent of such  total  number  of  employees,  which
    18  shall  be  the December thirtieth, two thousand twenty benchmark for the
    19  purposes of this section. Such statement shall further include an affir-
    20  mation that such employer will ensure that the number of covered airport
    21  workers it employs at a covered airport location between July first, two
    22  thousand twenty-one and December thirty-first, two  thousand  twenty-two
    23  is  no  less than the December thirtieth, two thousand twenty benchmark.
    24  Such sworn statement shall be provided by the commissioner upon  request
    25  by any airport worker performing cleaning and related services, security
    26  related  services,  in terminal and passenger handling services, airline
    27  catering, or airport lounge services, at a covered airport  location  or
    28  any  representative  of  such  airport workers.   Prior to employing any
    29  airport workers to  perform  cleaning  and  related  services,  security
    30  related  services,  in terminal and passenger handling services, airline
    31  catering, or airport lounge services, at a covered airport location, any
    32  successor airport employer shall obtain the applicable December  thirti-
    33  eth,  two  thousand twenty benchmark from the commissioner and submit to
    34  the commissioner an affirmation that such employer will ensure that  the
    35  number  of  covered  airport  workers  it  employs  at a covered airport
    36  location between July first, two thousand twenty-one and December  thir-
    37  ty-first,  two  thousand twenty-two is no less than the December thirti-
    38  eth, two thousand twenty benchmark.
    39    2. Each employer of any covered airport worker employed at  a  covered
    40  airport  location  on  or after January first, two thousand twenty-three
    41  shall submit to the commissioner, in a form and manner proscribed by the
    42  commissioner, a  sworn  statement  affirming  that  such  employer  will
    43  ensure, where applicable, that the proportion of covered airport workers
    44  in  each classification it employs to work an average of at least thirty
    45  hours per week at a covered airport location is the same as such propor-
    46  tion was compared to all workers in the same classification  working  at
    47  such covered airport location in the calendar year two thousand nineteen
    48  workforce.  The commissioner shall publish a list of all covered classi-
    49  fications with the corresponding proportions of all workers employed  to
    50  work  an average of at least thirty hours a week compared to all workers
    51  in the same classification employed to  work  at  each  covered  airport
    52  location  in  the  calendar year two thousand nineteen. The commissioner
    53  shall be empowered to promulgate rules or regulations to  determine  the
    54  method  and  accounting for such information and to verify its accuracy,
    55  including the ability to establish a presumed proportion  where  records
    56  are  missing  or  unavailable  and  provided further that such full-time

        S. 3006                            48                            A. 3006

     1  levels shall be no less than such December thirtieth, two thousand twen-
     2  ty benchmark. If such proportion is not maintained, consistent with such
     3  rules or regulations promulgated by the  commissioner,  then  the  hours
     4  worked  by such part time workers, which are outside of such proportion,
     5  shall be subject to the provisions of this section as if they worked  an
     6  average  of at least thirty hours per week at a covered airport location
     7  and were otherwise a covered airport worker.
     8    3. Each employer of a covered airport worker  employed  at  a  covered
     9  airport  location  on December thirtieth, two thousand twenty and who is
    10  working an average of at least thirty hours per week shall provide  such
    11  covered  airport  worker the ability to begin or change enrollment in an
    12  eligible employer-sponsored  plan  as  defined  in  treasury  regulation
    13  section  1.5000A-2(c)(1) for coverage beginning on July first, two thou-
    14  sand twenty-one.
    15    4. Each employer of any other covered  airport  worker  at  a  covered
    16  airport  location  shall provide such covered airport worker the ability
    17  to begin or change enrollment in an eligible employer-sponsored plan  as
    18  defined  in  treasury  regulation  section  1.5000A-2(c)(1) for coverage
    19  beginning no later than thirty days after  becoming  a  covered  airport
    20  worker.]
    21    § [696-c.] 696-b. Minimum  wage  rate for covered airport workers. All
    22  [covered] employers at a covered  airport  location  shall  ensure  that
    23  every  covered  airport  worker is compensated at a rate that is no less
    24  than the applicable standard rate. Nothing in this article  shall  alter
    25  or  limit  any  employer's  obligation  to  pay any otherwise applicable
    26  prevailing wage under article eight or nine of this chapter.
    27    § [696-d.] 696-c. Commissioner's powers of investigation. The  commis-
    28  sioner  or  [his  or  her] such commissioner's authorized representative
    29  shall have the power to:
    30    1. investigate the compensation of  covered  airport  workers  in  the
    31  state;
    32    2.  enter  the place of business or employment of any employer for the
    33  purpose of (a) examining and inspecting any and  all  books,  registers,
    34  payrolls,  and other records that in any way relate to or have a bearing
    35  upon the compensation provided to, or the hours worked by any employees,
    36  and (b) ascertaining whether the provisions  of  this  article  and  the
    37  rules and regulations promulgated hereunder are being complied with; and
    38    3.  require  from any employer full and correct statements and reports
    39  in writing, at such times as the commissioner may deem necessary, of the
    40  compensation provided to and the hours by such employer's employees.
    41    § [696-e.] 696-d. Records of employers. For every employee covered  by
    42  this article, every employer shall establish, maintain, and preserve for
    43  not  less  than  six  years  contemporaneous, true, and accurate payroll
    44  records showing for each week worked the hours worked, the  compensation
    45  provided, plus such other information as the commissioner deems material
    46  and  necessary.  For all covered airport workers who are not exempt from
    47  overtime compensation as established in the commissioner's minimum  wage
    48  orders  or  otherwise  provided by law, rule, or regulation, the payroll
    49  records shall include the compensation provided and the  regular  hourly
    50  rate  or  rates of pay, the overtime rate or rates of pay, the number of
    51  regular hours worked, the number of overtime hours worked and  the  cost
    52  of  benefits  and/or  benefit supplements. On demand, the employer shall
    53  furnish to the commissioner or [his or  her]  such  commissioner's  duly
    54  authorized representative a sworn statement of the hours worked, rate or
    55  rates  of compensation, for each covered airport worker, plus such other
    56  information as the commissioner  deems  material  and  necessary.  Every

        S. 3006                            49                            A. 3006
 
     1  employer  shall keep such records open to inspection by the commissioner
     2  or [his or her] such commissioner's duly  authorized  representative  at
     3  any  reasonable  time.  Every employer of a covered airport worker shall
     4  keep a digest and summary of this article which shall be prepared by the
     5  commissioner, posted in a conspicuous place in [his or her] their estab-
     6  lishment  and  shall  also  keep  posted  such additional copies of said
     7  digest and summary as the commissioner prescribes. Employers  shall,  on
     8  request,  be furnished with copies of this article and of orders, and of
     9  digests and summaries thereof, without charge.  Employers  shall  permit
    10  the  commissioner  or  [his  or her] such commissioner's duly authorized
    11  representative to question without interference  any  employee  of  such
    12  employer  in  a  private  location at the place of employment and during
    13  working hours in respect to the wages paid to and the  hours  worked  by
    14  such employee or other employees.
    15    § [696-f.] 696-e. Penalties.  1.  If  the  commissioner finds that any
    16  employer has violated any provision of this article  or  of  a  rule  or
    17  regulation promulgated thereunder, the commissioner may, after an oppor-
    18  tunity  for a hearing, and by an order which shall describe particularly
    19  the nature of the violation, assess the employer a civil penalty of  not
    20  more  than  ten thousand dollars for the first such violation within six
    21  years, not more than twenty thousand  dollars  for  a  second  violation
    22  within six years and not more than fifty thousand dollars for a third or
    23  subsequent violation within six years. Such penalty shall be paid to the
    24  commissioner  for deposit in the treasury of the state. In assessing the
    25  amount of the penalty, the commissioner shall give due consideration  to
    26  the  size  of  the employer's business, the good faith [of the employer]
    27  basis of the employer to believe that its conduct was in compliance with
    28  the  law,  the  gravity  of  the  violation,  the  history  of  previous
    29  violations  and  the  failure  to  comply  with  record-keeping or other
    30  requirements.
    31    2. Any order issued under subdivision one of  this  section  shall  be
    32  deemed  a  final  order of the commissioner and not subject to review by
    33  any court or agency unless the employer files a petition with the indus-
    34  trial board of appeals for a review of the order,  pursuant  to  section
    35  one hundred one of this chapter.
    36    3. The civil penalty provided for in this section shall be in addition
    37  to  and  may  be  imposed  concurrently with any other remedy or penalty
    38  provided for in this chapter.
    39    4. Upon a showing by an employee organization,  the  commissioner  may
    40  investigate  by  examining  payroll records whether an employer withheld
    41  hours of work to employees for the purpose of  reducing  the  employer's
    42  obligations under this article. If, after the opportunity for a hearing,
    43  the  commissioner  determines that an employer withheld hours of work to
    44  employees for the purpose of reducing the employer's  obligations  under
    45  this  article,  the  commissioner  may, in addition to any other penalty
    46  available, also require that the employer  pay  the  [standard  benefits
    47  supplement] applicable standard rate to all of the employer's employees,
    48  regardless of the number of hours worked by the employees.
    49    § [696-g.] 696-f. Civil  action.  1.    On behalf of any employee paid
    50  less than the applicable standard rate to which the employee is entitled
    51  under the provisions of this article, the  commissioner  may  bring  any
    52  legal action necessary, including administrative action, to collect such
    53  claim,  and the employer shall be required to pay the full amount of the
    54  underpayment, plus costs, and unless the employer proves  a  good  faith
    55  basis  to  believe that its underpayment was in compliance with the law,
    56  an additional amount as liquidated damages. Liquidated damages shall  be

        S. 3006                            50                            A. 3006
 
     1  calculated  by  the  commissioner as no more than one hundred percent of
     2  the total amount of underpayments found to be due the employee.  In  any
     3  action brought by the commissioner in a court of competent jurisdiction,
     4  liquidated damages shall be calculated as an amount equal to one hundred
     5  percent of underpayments found to be due the employee.
     6    2.  Notwithstanding  any  other provision of law, an action to recover
     7  upon a liability imposed by this article must be  commenced  within  six
     8  years.    The  statute  of  limitations shall be tolled from the date an
     9  employee files a complaint with the  commissioner  or  the  commissioner
    10  commences  an  investigation,  whichever  is  earlier, until an order to
    11  comply issued by the commissioner becomes final, or  where  the  commis-
    12  sioner does not issue an order, until the date on which the commissioner
    13  notifies the complainant that the investigation has concluded.
    14    3.  In  any  civil  action by the commissioner, the commissioner shall
    15  have the right to collect attorneys' fees and costs incurred in  enforc-
    16  ing  any  court  judgment. Any judgment or court order awarding remedies
    17  under this section shall provide that if any amounts remain unpaid  upon
    18  the  expiration of ninety days following issuance of judgment, or ninety
    19  days after expiration of the time to appeal and no appeal  therefrom  is
    20  then  pending,  whichever  is  later, the total amount of judgment shall
    21  automatically increase by fifteen percent.
    22    § [696-h.] 696-g. Regulations. [1.] The  commissioner  may  promulgate
    23  such  regulations  as [he or she] such commissioner deems appropriate to
    24  carry out the purposes of this article and to safeguard minimum  compen-
    25  sation standards.
    26    § [696-i.] 696-h. Savings clause. 1.  If any provision of this article
    27  or  the application thereof to any person, occupation or circumstance is
    28  held invalid, the remainder of the article and the application  of  such
    29  provision  to  other  persons,  employees, occupations, or circumstances
    30  shall not be affected thereby.
    31    2. If any clause, sentence, paragraph, subdivision, section or part of
    32  this article shall be adjudged by any court of competent jurisdiction to
    33  be invalid, such judgment shall not affect, impair,  or  invalidate  the
    34  remainder thereof, but shall be confined in its operation to the clause,
    35  sentence,  paragraph,  subdivision,  section  or  part  thereof directly
    36  involved in the controversy in  which  such  judgment  shall  have  been
    37  rendered. It is hereby declared to be the intent of the legislature that
    38  this article would have been enacted even if such invalid provisions had
    39  not been included herein.
    40    [3.  If  section six hundred ninety-six-a, section six hundred ninety-
    41  six-b, or section six  hundred  ninety-six-c  of  this  article  or  any
    42  portion  thereof  shall be adjudged, whether by final judgment, a tempo-
    43  rary restraining order, or a preliminary injunction,  by  any  court  of
    44  competent  jurisdiction to be preempted by federal law, then the "stand-
    45  ard benefits supplement rate" defined in subdivision six of section  six
    46  hundred  ninety-six-a of this article shall immediately mean the follow-
    47  ing:
    48    (a)  An  hourly  supplement  of  four  dollars  and  fifty-four  cents
    49  furnished  to  an employee by providing at least four dollars and fifty-
    50  four cents per hour beginning on July first, two thousand twenty-one  in
    51  one  of the following ways: (i) in the form of health and/or other bene-
    52  fits, not including paid  leave,  that  cost  the  employer  the  entire
    53  required  hourly supplemental amount; (ii) by providing a portion of the
    54  required hourly supplement in the form of health and/or other  benefits,
    55  not including paid leave, and the balance in cash; or (iii) by providing
    56  the entire supplement in cash.

        S. 3006                            51                            A. 3006

     1    (b)  The  value  of such supplement shall be no less than four dollars
     2  and fifty-four cents per hour.
     3    (c)  The  standard  benefits  supplement  rate shall apply only to the
     4  first forty hours worked by each covered airport worker in each week and
     5  shall not apply to any overtime hours  worked  by  any  covered  airport
     6  worker.
     7    (d)  The  standard  benefits  supplement  rate shall apply to any paid
     8  leave taken by a covered airport worker that does not exceed forty hours
     9  in a week.
    10    4. If section six hundred ninety-six-a, section  six  hundred  ninety-
    11  six-b,  or  section  six  hundred  ninety-six-c  of  this article or any
    12  portion thereof shall be adjudged by any preliminary relief, including a
    13  temporary restraining order or a preliminary injunction, by any court of
    14  competent jurisdiction to be preempted  by  federal  law  but  is  later
    15  adjudged by the same court not to be preempted by federal law in a final
    16  judgment,  then  the  definition  of "standard benefits supplement rate"
    17  shall immediately revert to the definition stated in subdivision six  of
    18  section six hundred ninety-six-a of this article.]
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.
 
    21                                   PART U
 
    22    Section 1. Subdivision 1-a of section 198 of the labor law, as amended
    23  by chapter 362 of the laws of 2015, is amended to read as follows:
    24    1-a. On behalf of any employee paid less than the wage to which [he or
    25  she  is]  they  are  entitled  under the provisions of this article, the
    26  commissioner may bring any legal action necessary, including administra-
    27  tive action, to collect such claim and as part of such legal action,  in
    28  addition  to  any other remedies and penalties otherwise available under
    29  this article, the commissioner shall assess  against  the  employer  the
    30  full amount of any such underpayment, and an additional amount as liqui-
    31  dated damages, unless the employer proves a good faith basis for believ-
    32  ing  that  its  underpayment  of  wages  was in compliance with the law.
    33  Liquidated damages shall be calculated by the commissioner  as  no  more
    34  than  one  hundred percent of the total amount of wages found to be due,
    35  except such liquidated damages may be up to three hundred percent of the
    36  total amount of the wages found to be due for  a  willful  violation  of
    37  section  one  hundred  ninety-four of this article. In any action insti-
    38  tuted in the courts upon a wage claim by an employee or the commissioner
    39  in which the employee prevails, the court shall allow such  employee  to
    40  recover  the  full amount of any underpayment, all reasonable attorney's
    41  fees, prejudgment interest as required under the civil practice law  and
    42  rules,  and,  unless  the  employer proves a good faith basis to believe
    43  that its underpayment of wages was in compliance with the law, an  addi-
    44  tional  amount as liquidated damages equal to one hundred percent of the
    45  total amount of the wages  found  to  be  due,  except  such  liquidated
    46  damages  may  be  up to three hundred percent of the total amount of the
    47  wages found to be due for a willful violation  of  section  one  hundred
    48  ninety-four  of  this  article.  Notwithstanding  the provisions of this
    49  subdivision, liquidated damages shall not be applicable to violations of
    50  paragraph a of subdivision one of section one hundred ninety-one of this
    51  article where the employer paid the employee wages on a regular  payday,
    52  no  less  frequently than semi-monthly. Such violations shall be subject
    53  to damages as follows:

        S. 3006                            52                            A. 3006
 
     1    (i) no more than one hundred percent of the lost interest found to  be
     2  due  for  the delayed payment of wages calculated using a daily interest
     3  rate for each day payment is late based on the annual rate  of  interest
     4  then  in  effect,  as  prescribed  by  the  superintendent  of financial
     5  services  pursuant  to  section  fourteen-a  of  the banking law for the
     6  employer's first violation; or
     7    (ii) three hundred percent of the lost interest found to  be  due  for
     8  the  delayed payment of wages calculated using a daily interest rate for
     9  each day payment is late based on the annual rate of  interest  then  in
    10  effect, as prescribed by the superintendent of financial services pursu-
    11  ant to section fourteen-a of the banking law for any employer subject to
    12  a previous finding and order for such violation of paragraph a of subdi-
    13  vision  one  of section one hundred ninety-one of this article for which
    14  no proceeding for administrative or judicial review as provided in  this
    15  chapter  is pending and the time for initiation of such proceeding shall
    16  have expired and relating to employees performing the same work; or
    17    (iii) for conduct occurring after the effective  date  of  this  para-
    18  graph,  liquidated  damages  equal  to  one hundred percent of the total
    19  amount of wages found to be due in violation of paragraph a of  subdivi-
    20  sion  one  of  section  one  hundred  ninety-one of this article for any
    21  employer who, after the effective  date  of  this  paragraph,  has  been
    22  subject  to  two  or more previous findings and orders for violations of
    23  paragraph a of subdivision one of section one hundred ninety-one of this
    24  article for which no proceeding for administrative or judicial review as
    25  provided in this chapter is pending and the time for initiation of  such
    26  proceeding  shall  have expired and relating to employees performing the
    27  same work.
    28    For purposes of this subdivision, an order shall mean a  single  final
    29  order  or determination made by the commissioner or a court of competent
    30  jurisdiction, regardless of the number of employees or the  time  period
    31  that was subject to such order.
    32    §  2. This act shall take effect immediately and shall apply to causes
    33  of action pending or commenced on or after such date.
 
    34                                   PART V
 
    35    Section 1. Subdivision 3 of section 218 of the labor law,  as  amended
    36  by chapter 2 of the laws of 2015, is amended to read as follows:
    37    3.  (a)  Provided  that  no  proceeding for administrative or judicial
    38  review as provided in this chapter shall then be pending  and  the  time
    39  for  initiation  of such proceeding shall have expired, the commissioner
    40  may file with the county clerk of the county where the employer  resides
    41  or  has  a place of business the order of the commissioner, or the deci-
    42  sion of the industrial board of appeals containing the amount  found  to
    43  be  due  including  the civil penalty, if any, and at the commissioner's
    44  discretion, an additional fifteen percent damages upon  any  outstanding
    45  monies  owed.  [At]  Notwithstanding  any  provision to the contrary, in
    46  execution of any order or decision filed by the commissioner pursuant to
    47  this section, the commissioner shall have all the powers conferred  upon
    48  sheriffs by article twenty-five of the civil practice law and rules, but
    49  the  commissioner  shall be entitled to no fee or compensation in excess
    50  of the actual expenses paid in  the  performance  of  such  duty.  Addi-
    51  tionally,  at the request of an employee, the commissioner shall assign,
    52  without consideration or liability, that portion of the filed order that
    53  constitutes wages, wage supplements, interest on wages or  wage  supple-
    54  ments, or liquidated damages due that employee, to that employee and may

        S. 3006                            53                            A. 3006
 
     1  file  an assignment or order in that amount in the name of that employee
     2  with the county clerk of the county where the employer resides or has  a
     3  place  of  business.  The  filing  of such assignment, order or decision
     4  shall  have the full force and effect of a judgment duly docketed in the
     5  office of such  clerk.  The  assignment[,  order  or  decision]  may  be
     6  enforced [by and in the name of the commissioner, or] by the employee[,]
     7  in  the  same  manner,  and  with like effect, as that prescribed by the
     8  civil practice law and rules for the enforcement of a money judgment.
     9    (b) In addition and as an alternative to any other remedy provided  by
    10  this section and provided that no proceeding for administrative or judi-
    11  cial  review  as  provided in this chapter shall then be pending and the
    12  time for initiation of such proceeding shall have expired,  the  commis-
    13  sioner  may  issue  a  warrant  under  the commissioner's official seal,
    14  directed to the sheriff of any county, commanding the  sheriff  to  levy
    15  upon  and  sell  the real and personal property that may be found within
    16  the sheriff's county of an employer who has defaulted in the payment  of
    17  any  sum determined to be due from such employer for the payment of such
    18  sum together with interest, penalties, and the  cost  of  executing  the
    19  warrant,  and to return such warrant to the commissioner and to pay into
    20  the fund the money collected by virtue thereof within sixty  days  after
    21  the  receipt of such warrant.  The sheriff shall, within five days after
    22  the receipt of the warrant, file with the clerk of  the  county  a  copy
    23  thereof, and thereupon such clerk shall enter in the judgment docket the
    24  name  of  the  employer  mentioned  in the warrant and the amount of the
    25  contribution, interest, and penalties for which the  warrant  is  issued
    26  and  the  date  when  such  copy  is filed. Thereupon the amount of such
    27  warrant so docketed shall become a lien upon the title to  and  interest
    28  in  real  property and chattels of the employer against whom the warrant
    29  is issued in the same manner as a judgment duly docketed in  the  office
    30  of  such  clerk.  The sheriff shall then proceed upon the warrant in the
    31  same manner, and with like effect, as that provided by law in respect to
    32  executions issued against property upon judgments of a court of  record,
    33  and  the  sheriff  shall  be  entitled  to the same fees, which they may
    34  collect in the same manner, for the sheriff's services in executing  the
    35  warrant.
    36    (c)  In  the  discretion of the commissioner, a warrant of like terms,
    37  force, and effect may be issued and directed to any officer or  employee
    38  of  the department of labor who may file a copy of such warrant with the
    39  clerk of any county in the state, and thereupon each  such  clerk  shall
    40  docket  it  and  it  shall become a lien in the same manner and with the
    41  same force and effect as hereinbefore provided with respect to a warrant
    42  issued and directed to and filed by a  sheriff;  and  in  the  execution
    43  thereof  such officer or employee shall have all the powers conferred by
    44  law upon sheriffs, but they shall be entitled to no fee or  compensation
    45  in  excess  of the actual expenses paid in the performance of such duty.
    46  If a warrant is returned not satisfied in full, the  commissioner  shall
    47  have  the  same remedies to enforce the amount thereof as if the commis-
    48  sioner had recovered judgment for the same.
    49    § 2. Subdivision 3 of section 219 of the  labor  law,  as  amended  by
    50  chapter 2 of the laws of 2015, is amended to read as follows:
    51    3.  (a)  Provided  that  no  proceeding for administrative or judicial
    52  review as provided in this chapter shall then be pending  and  the  time
    53  for  initiation  of such proceeding shall have expired, the commissioner
    54  may file with the county clerk of the county where the employer  resides
    55  or has a place of business the order of the commissioner or the decision
    56  of  the  industrial  board  of appeals containing the amount found to be

        S. 3006                            54                            A. 3006
 
     1  due, including, at the commissioner's discretion, an additional  fifteen
     2  percent  damages  upon any outstanding monies owed. [At] Notwithstanding
     3  any provision to the contrary, in execution of  any  order  or  decision
     4  filed  by  the  commissioner  pursuant to this section, the commissioner
     5  shall have all the powers conferred upon sheriffs by article twenty-five
     6  of the civil practice law and rules, but the commissioner shall be enti-
     7  tled to no fee or compensation in excess of the actual expenses paid  in
     8  the performance of such duty. Additionally, at the request of an employ-
     9  ee,  the  commissioner shall assign, without consideration or liability,
    10  that portion of the filed order that  constitutes  wages,  wage  supple-
    11  ments,  interest on wages or wage supplements, or liquidated damages due
    12  the employee, to that employee and may file an assignment  or  order  in
    13  that  amount  in  the name of such employee with the county clerk of the
    14  county where the employer resides or has a place of business. The filing
    15  of such assignment, order or decision shall  have  the  full  force  and
    16  effect  of  a  judgment  duly  docketed in the office of such clerk. The
    17  assignment[, order or decision] may be enforced [by and in the  name  of
    18  the  commissioner,  or]  by the employee[,] in the same manner, and with
    19  like effect, as that prescribed by the civil practice law and rules  for
    20  the enforcement of a money judgment.
    21    (b)  In addition and as an alternative to any other remedy provided by
    22  this section and provided that no proceeding for administrative or judi-
    23  cial review as provided in this chapter shall then be  pending  and  the
    24  time  for  initiation of such proceeding shall have expired, the commis-
    25  sioner may issue a warrant under the official seal of the  commissioner,
    26  directed  to  the  sheriff of any county, commanding the sheriff to levy
    27  upon and sell the real and personal property that may  be  found  within
    28  the  sheriff's county of an employer who has defaulted in the payment of
    29  any sum determined to be due from such employer for the payment of  such
    30  sum  together  with  interest,  penalties, and the cost of executing the
    31  warrant, and to return such warrant to the commissioner and to pay  into
    32  the  fund  the money collected by virtue thereof within sixty days after
    33  the receipt of such warrant. The sheriff shall, within five  days  after
    34  the  receipt  of  the  warrant, file with the clerk of the county a copy
    35  thereof, and thereupon such clerk shall enter in the judgment docket the
    36  name of the employer mentioned in the warrant  and  the  amount  of  the
    37  contribution,  interest,  and  penalties for which the warrant is issued
    38  and the date when such copy is  filed.  Thereupon  the  amount  of  such
    39  warrant  so  docketed shall become a lien upon the title to and interest
    40  in real property and chattels of the employer against whom  the  warrant
    41  is  issued  in the same manner as a judgment duly docketed in the office
    42  of such clerk. The sheriff shall then proceed upon the  warrant  in  the
    43  same manner, and with like effect, as that provided by law in respect to
    44  executions  issued against property upon judgments of a court of record,
    45  and the sheriff shall be entitled to  the  same  fees,  which  they  may
    46  collect  in the same manner, for the sheriff's services in executing the
    47  warrant.
    48    (c) In the discretion of the commissioner, a warrant  of  like  terms,
    49  force,  and effect may be issued and directed to any officer or employee
    50  of the department of labor who may file a copy of such warrant with  the
    51  clerk  of  any  county in the state, and thereupon each such clerk shall
    52  docket it and it shall become a lien in the same  manner  and  with  the
    53  same force and effect as hereinbefore provided with respect to a warrant
    54  issued  and  directed  to  and  filed by a sheriff; and in the execution
    55  thereof such officer or employee shall have all the powers conferred  by
    56  law  upon sheriffs, but they shall be entitled to no fee or compensation

        S. 3006                            55                            A. 3006

     1  in excess of the actual expenses paid in the performance of  such  duty.
     2  If  a  warrant is returned not satisfied in full, the commissioner shall
     3  have the same remedies to enforce the amount thereof as if  the  commis-
     4  sioner had recovered judgment for the same.
     5    § 3. This act shall take effect immediately.
 
     6                                   PART W
 
     7    Section  1.  Subdivision 1 of section 141 of the labor law, as amended
     8  by chapter 642 of the laws of 1991, is amended to read as follows:
     9    1. a. If the commissioner finds that  an  employer  has  violated  any
    10  provision  of this article or of a rule or regulation promulgated there-
    11  under, the commissioner may by an order which shall describe particular-
    12  ly the nature of the violation, assess the employer a civil  penalty  of
    13  not  more  than [one] ten thousand dollars for the first such violation,
    14  at least two thousand but not more than [two]  thirty  thousand  dollars
    15  for  a  second  violation,  and  at least ten thousand but not more than
    16  [three]  seventy-five  thousand  dollars  for  a  third  or   subsequent
    17  violation. Such penalty shall be paid to the commissioner for deposit in
    18  the  treasury  of the state. In assessing the amount of the penalty, the
    19  commissioner shall give due consideration to the size of the  employer's
    20  business, the good faith of the employer to believe that its conduct was
    21  in compliance with the law, the gravity of the violation, the history of
    22  previous  violations  and  the  failure to comply with record-keeping or
    23  other  requirements,  provided,  however,  that  where  such   violation
    24  involves illegal employment during which a minor is seriously injured or
    25  dies,  such penalty shall be [treble the maximum penalty allowable under
    26  the law for such violation] at least three thousand dollars but not more
    27  than thirty thousand dollars for the first such violation, at least  six
    28  thousand  but  not  more  than  ninety  thousand  dollars for the second
    29  violation, and at least thirty thousand dollars but not  more  than  two
    30  hundred  twenty-five  thousand  dollars  for  the  third  or  subsequent
    31  violation.   For the purposes of this  subdivision,  a  minor  shall  be
    32  deemed  to  be  seriously  injured if such injury results in a permanent
    33  partial or permanent total disability  as  determined  by  the  workers'
    34  compensation board.
    35    b.  The  department may, at the discretion of the commissioner, reduce
    36  the penalty for a violation when such violation does not risk the safety
    37  or health of the employed minor. Reduction of the penalty may  apply  if
    38  an employer agrees to:
    39    (1) make immediate payment of reduced penalty;
    40    (2)  have  management  complete  a  child  labor  compliance  training
    41  prepared by the department;
    42    (3) provide its employees with child labor resources  and  information
    43  as specified and directed by the department;
    44    (4)  submit  a  certified  statement that the employer will only hire,
    45  employ or otherwise permit minors to work in positions as  permitted  by
    46  law, rule or regulation;
    47    (5)  develop  and  submit  a  plan  to  prevent future child labor law
    48  violations; and
    49    (6) submit records over a subsequent twelve month period  as  required
    50  by  the department to properly demonstrate that no additional violations
    51  of the child labor provisions have occurred.
    52    § 2. Section 145 of the labor law, as added by chapter 660 of the laws
    53  of 2005, is amended to read as follows:

        S. 3006                            56                            A. 3006
 
     1    § 145. Criminal penalties.  Any  person  who  knowingly  violates  any
     2  provision  of this article and any officer or agent of a corporation who
     3  knowingly permits the corporation to violate any such  provisions  shall
     4  be  guilty of a [misdemeanor] felony, and upon conviction therefor shall
     5  be  punished  by  a  fine  of  not more than [five hundred] one thousand
     6  dollars or imprisonment for not more than [sixty days] one  year  or  by
     7  both such fine and imprisonment for a first offense, or by a fine of not
     8  more  than [five] ten thousand dollars or imprisonment for not more than
     9  [one year] two years, or by both such fine and imprisonment for a second
    10  or subsequent offense.
    11    § 3. The penal law is amended by adding a new section 125.10-a to read
    12  as follows:
    13  § 125.10-a Criminally negligent homicide of a child worker.
    14    A person is guilty of criminally negligent homicide of a child worker,
    15  when acting as the employer of a child under the age of  eighteen  years
    16  old, with criminal negligence, such person causes the death of the child
    17  in  the course of the employment.  For the purposes of this section, the
    18  phrase "acting as the employer of a child", shall include,  but  not  be
    19  limited  to,  instances  where  the  defendant  has  employed a child in
    20  violation of section one hundred thirty,  one  hundred  thirty-one,  one
    21  hundred  thirty-two, or one hundred thirty-three of the labor law.
    22    Criminally negligent homicide of a child worker is a class D felony.
    23    §  4.  The penal law is amended by adding a new section 260.12 to read
    24  as follows:
    25  § 260.12 Endangering the welfare of a child worker.
    26    A person is guilty of criminally endangering the welfare  of  a  child
    27  worker  when  such  person  knowingly  employs  a  child in violation of
    28  section one hundred thirty, one hundred thirty-one, one hundred  thirty-
    29  two,  or one hundred thirty-three of the labor law, and in the course of
    30  that employment the child  suffers  physical  injury,  serious  physical
    31  injury, or death.
    32    Endangering the welfare of a child worker is a class E felony.
    33    § 5. This act shall take effect immediately.
 
    34                                   PART X
 
    35    Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
    36    §  2.  The labor law is amended by adding a new section 135 to read as
    37  follows:
    38    § 135. Database for employment of minors; employee registration; minor
    39  employment certificates. 1. Creation of  database.  The  department,  in
    40  consultation with the department of education, shall create and maintain
    41  a  database  for the employment of minors. All information pertaining to
    42  any employer or minor that is submitted to  the  department  under  this
    43  section shall be confidential and shall not be accessible to the public.
    44  Nothing herein shall prevent the commissioner from sharing such informa-
    45  tion for civil or criminal law enforcement purposes.
    46    2. Employer registration and renewal process. Any employer required to
    47  be  registered  under this section shall provide the department with the
    48  information set forth in this section, as well as any additional  infor-
    49  mation  that  the  department  may  require,  in  the  form  and  manner
    50  prescribed by the department. The  department  may  also  set  fees  for
    51  employer  registration  and  any  renewal  that  may  be required by the
    52  department under this section.
    53    3. Employer information. Every employer that hires, employs, or other-
    54  wise permits any minor under the age of eighteen to work for the employ-

        S. 3006                            57                            A. 3006
 
     1  er within the state shall register in the  database,  in  the  form  and
     2  manner prescribed by the department, the following information:
     3    (a) the name of the employer;
     4    (b) the email address of the employer;
     5    (c)  any  location  of  the  employer's business operations within the
     6  state, including any location where a minor will be working;
     7    (d) the number and names of minors who are hired, employed, or  other-
     8  wise permitted to work for the employer;
     9    (e)  a  certified  statement  from  the  employer that the employer is
    10  hiring, employing, or otherwise permitting minors to work only in  posi-
    11  tions for the employer as permitted by law, rule, or regulation in order
    12  to ensure their health, safety, and well-being; and
    13    (f) any other information deemed appropriate by the commissioner.
    14    4.  Employer  recordkeeping. An employer that is required to be regis-
    15  tered under this section shall, before employment begins,  file  at  the
    16  place of the minor's employment such employment certificate or permit so
    17  that  it  may  be  readily accessible to any person authorized by law to
    18  examine such document. An employer's electronic access to  such  employ-
    19  ment  certificate  or permit in the database shall meet the requirements
    20  of this subdivision.
    21    5. Minor registration. Any minor under the age of eighteen  who  plans
    22  to  work  for an employer within the state shall complete a registration
    23  in the database for any employment certificate or permit.  All  informa-
    24  tion  pertaining  to  the  minor  shall be confidential and shall not be
    25  accessible by the public. If the minor plans to  work  for  a  different
    26  employer,  or  for an employer in addition to the employer for which the
    27  minor first registered, the minor shall update the minor's registration.
    28  The minor shall be required to submit documentation for registration  in
    29  the form and manner prescribed by the department.
    30    6.  Issuance  of  employment  certificate  or  permit.  Any employment
    31  certificate or permit issued pursuant to part one of article  sixty-five
    32  of the education law shall be issued electronically within the database.
    33  Any  application  for  an  employment certificate or permit that is made
    34  pursuant to part one of article sixty-five of the education law shall be
    35  made by a minor on a form prescribed by the  commissioner  of  education
    36  and approved by the department.
    37    7.  Regulations.  The commissioner may prescribe regulations necessary
    38  to carry out the provisions of this section.
    39    § 3. Subdivision 3 of section 3215-a of the education law, as  amended
    40  by chapter 1017 of the laws of 1971, is amended to read as follows:
    41    3.  Approval of form and contents. The commissioner of education shall
    42  prescribe or approve the form and contents of all certificates, permits,
    43  physical examination records, and schooling records required by part one
    44  of this article. The form of such certificates and permits shall also be
    45  subject to the approval of the [industrial] commissioner of  labor.  Any
    46  employment  certificate  or permit issued pursuant to this part shall be
    47  issued electronically within the database created and maintained by  the
    48  department  of  labor,  in consultation with the department, pursuant to
    49  section one hundred thirty-five of the labor law.
    50    § 4. This act shall take effect two years after it shall have become a
    51  law. Effective immediately, the addition, amendment and/or repeal of any
    52  rule or regulation necessary for the implementation of this act  on  its
    53  effective date are authorized to be made and completed on or before such
    54  date.
 
    55                                   PART Y

        S. 3006                            58                            A. 3006
 
     1    Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and paragraphs
     2  (a),  (b)  and  (c)  of  subdivision  2  of  section 26 of the veterans'
     3  services law are amended to read as follows:
     4    (a)  A  parent,  [identified  in  10  USC 1126 as a gold star parent,]
     5  spouse, or minor child of a [veteran] service member who [heretofore has
     6  died or a parent of a veteran dying  hereafter]  died  while  on  active
     7  duty, shall upon application to the state commissioner, be paid an annu-
     8  al  annuity out of the treasury of the state for the sum of five hundred
     9  dollars for such term as such parent, spouse, or minor  child  shall  be
    10  entitled thereto under the provisions of this article. Commencing in the
    11  year two thousand nineteen, the amount of any annuity payable under this
    12  section shall be the same amount as the annuity payable in the preceding
    13  year  plus  a  percentage  adjustment  equal  to  the  annual percentage
    14  increase, if any, for compensation and pension benefits administered  by
    15  the  United  States Department of Veterans Affairs in the previous year.
    16  Such percentage increase shall be rounded up to the  next  highest  one-
    17  tenth  of  one  percent  and shall not be less than one percent nor more
    18  than four percent. The commissioner of  veterans'  services,  not  later
    19  than February first of each year, shall publish by any reasonable means,
    20  including  but  not  limited to posting on the department's website, the
    21  amount of the annuity as adjusted payable under this section.  The  term
    22  "parent" for the purposes of this section includes mother, father, step-
    23  mother, stepfather, mother through adoption and father through adoption.
    24  The  term  "spouse" for the purposes of this section includes non-remar-
    25  ried spouses and remarried spouses.  The  term  "minor  child"  for  the
    26  purposes  of  this  section  includes minor biological, step, or adopted
    27  children, through the day before the child's eighteenth birthday.
    28    (b) The entitlement of any parent, spouse, or minor child  to  receive
    29  the  annuity  provided by paragraph (a) of this subdivision shall termi-
    30  nate upon [his or her] such parent's, spouse's, or minor  child's  death
    31  or  upon  [his or her] such parent's, spouse's, or minor child's ceasing
    32  to continue to be a resident of and domiciled in the state of New  York,
    33  but  such  entitlement  may  be reinstated upon application to the state
    34  commissioner, if such parent, spouse, or minor  child  shall  thereafter
    35  resume  [his or her] such parent's, spouse's, or minor child's residence
    36  and domicile in the state.
    37    (c) The effective date of an award of the annuity to a parent, spouse,
    38  or minor child shall be the day after the date of death of  the  veteran
    39  if  the  application  therefor  is received within one year from date of
    40  death. If the application is received after the expiration of the  first
    41  year  following the date of the death of the veteran, the effective date
    42  of an award of the annuity to a parent, spouse, or minor child shall  be
    43  the date of receipt of the application by the state commissioner. If the
    44  application is denied but is granted at a later date upon an application
    45  for  reconsideration  based upon new evidence, the effective date of the
    46  award of the annuity to a parent, spouse, or minor child  shall  be  the
    47  date  of the receipt of the application for reconsideration by the state
    48  commissioner.
    49    (a) Any gold star parent, spouse, or minor child, who is  the  parent,
    50  spouse,  or  minor child of a deceased veteran, and who is a resident of
    51  and domiciled in the state of New York, shall make  application  to  the
    52  department.
    53    (b)  No  entitlement shall be paid under this section to or for a gold
    54  star parent, spouse, or minor child who  is  in  prison  in  a  federal,
    55  state,  or local penal institution as a result of conviction of a felony
    56  or misdemeanor for any part of the period beginning sixty-one days after

        S. 3006                            59                            A. 3006
 
     1  [his or her] such parent's,  spouse's,  or  minor  child's  imprisonment
     2  begins  and  ending  with [his or her] such parent's, spouse's, or minor
     3  child's release.
     4    (c) Where one or more gold star parents or minor children are disqual-
     5  ified  for the annuity for a period under paragraph (b) of this subdivi-
     6  sion, the state commissioner shall pay the shares of  such  disqualified
     7  parents  to the other parents or minor children, if they meet the quali-
     8  fications on their own.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART Z
 
    11    Section 1. Subdivision 1 of section  297  of  the  executive  law,  as
    12  amended  by  chapter  304  of  the  laws  of 2021, is amended to read as
    13  follows:
    14    1. Any person claiming to be aggrieved by an  unlawful  discriminatory
    15  practice  may,  by [himself or herself] such person or [his or her] such
    16  person's attorney-at-law, make,  sign  and  file  with  the  division  a
    17  complaint  in writing under oath or by declaration which shall state the
    18  name and address of the person alleged to have  committed  the  unlawful
    19  discriminatory  practice  complained  of  and  which shall set forth the
    20  particulars thereof  and  contain  such  other  information  as  may  be
    21  required  by  the division.   The division may designate a required form
    22  and procedures for making,  signing,  and  filing  such  complaint.  The
    23  commissioner of labor or the attorney general, or the executive director
    24  of  the  justice center for the protection of people with special needs,
    25  or the division on its own motion may, in like manner,  make,  sign  and
    26  file  such  complaint.  In connection with the filing of such complaint,
    27  the attorney general is authorized to take proof,  issue  subpoenas  and
    28  administer  oaths  in  the manner provided in the civil practice law and
    29  rules. Any employer whose employees, or some of them, refuse or threaten
    30  to refuse to cooperate with the provisions of  this  article,  may  file
    31  with  the division a verified complaint asking for assistance by concil-
    32  iation or other remedial action.
    33    § 2. Paragraph c of subdivision 3 of section 297 of the executive law,
    34  as amended by chapter 166 of the laws of 2000, is  amended  to  read  as
    35  follows:
    36    c. If the division finds that noticing the complaint for hearing would
    37  be undesirable, the division may, in its unreviewable discretion, at any
    38  time prior to a hearing before a hearing examiner, dismiss the complaint
    39  on  the  grounds  of  administrative  convenience. [However, in cases of
    40  housing discrimination only,  an  administrative  convenience  dismissal
    41  will  not be rendered without the consent of the complainant.] The divi-
    42  sion may, subject to judicial  review,  dismiss  the  complaint  on  the
    43  grounds  of  untimeliness if the complaint is untimely or on the grounds
    44  that the election of remedies is annulled.
    45    § 3. The state finance law is amended by adding a new section 80-b  to
    46  read as follows:
    47    §  80-b. Discrimination complaints escrow fund. 1. Notwithstanding any
    48  other provision of law, rule, regulation, or practice to  the  contrary,
    49  there is hereby established in the sole custody of the division of human
    50  rights  commissioner  a  trust  and  agency  fund,  to  be  known as the
    51  "discrimination complaints escrow fund" which shall be available without
    52  fiscal year limitation.
    53    2. The discrimination complaints escrow fund shall consist of  concil-
    54  iation  funds, settlement funds, and any other monetary awards the divi-

        S. 3006                            60                            A. 3006
 
     1  sion of human rights receives from discrimination complaint  respondents
     2  for the sole purpose of compensating the corresponding complainants.
     3    3.  The  division of human rights commissioner, or such commissioner's
     4  designee, shall only expend discrimination complaints escrow fund monies
     5  for the purposes  of  compensating  a  complainant  whose  conciliation,
     6  settlement, or award monies were deposited into the escrow fund.
     7    §  4.  Section  295  of  the  executive law is amended by adding a new
     8  subdivision 19 to read as follows:
     9    19. To manage the discrimination complaints escrow fund, including but
    10  not limited to authorizing the receipt of funds and payment of monies in
    11  accordance with section eighty-b of the state finance law.
    12    § 5. This act shall take effect immediately; provided,  however,  that
    13  sections  three  and four of this act shall take effect on the thirtieth
    14  day after it shall have become a law.
 
    15                                   PART AA
 
    16    Section 1.  On or before September 1, 2025, the commissioner of educa-
    17  tion shall submit a report to the governor, the speaker of the assembly,
    18  and the temporary president of the senate providing information  regard-
    19  ing  usage,  budgeting,  staffing, assets, and functions of the New York
    20  state museum in a form and manner as determined by the director  of  the
    21  budget.    Such report shall include but not be limited to the following
    22  information:
    23    1. Annual statistics for state fiscal years  2004-05  through  2024-25
    24  for the following categories:
    25    (a) visitorship by month;
    26    (b) philanthropic donations, either monetary or in-kind;
    27    (c) school student visitorship;
    28    (d) marketing, advertising, and promotional expenditures;
    29    (e) staffing levels and expenditures for each office of the museum;
    30    (f) capital expenditures;
    31    (g) museum revenue from sources other than state aid; and
    32    (h) balance of total revenues and operating expenses;
    33    2.  A  summary  of current agreements with other cultural institutions
    34  regarding loan or exchange of collections;
    35    3. Current collections on display and length of time on display;
    36    4. Current collections in possession of the museum but not on display;
    37    5. New collections scheduled to go on display in the next five years;
    38    6. A listing of special events, exhibitions, tours, limited or travel-
    39  ing displays, and other events not  included  in  information  regarding
    40  normal displayed collections over the prior five years;
    41    7. A listing of any ancillary services provided at the museum, includ-
    42  ing but not limited to food service, retail, or walking tours; and
    43    8.  Usage  over the prior five years of the state museum collection by
    44  federal agencies, New York state agencies, local governments, and  other
    45  governmental entities, whether for display or research purposes.
    46    §  2.  On  or  before  September  1, 2026 and annually thereafter, the
    47  commissioner shall submit a report to the governor, the speaker  of  the
    48  assembly,  and  the  temporary president of the senate including updated
    49  information from the prior state fiscal year supplementing the  informa-
    50  tion provided in the report required by section one of this act.
    51    § 3. This act shall take effect immediately.
    52    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    53  sion,  section  or  part  of  this act shall be adjudged by any court of
    54  competent jurisdiction to be invalid, such judgment  shall  not  affect,

        S. 3006                            61                            A. 3006
 
     1  impair,  or  invalidate  the remainder thereof, but shall be confined in
     2  its operation to the clause, sentence, paragraph,  subdivision,  section
     3  or part thereof directly involved in the controversy in which such judg-
     4  ment shall have been rendered. It is hereby declared to be the intent of
     5  the  legislature  that  this  act  would  have been enacted even if such
     6  invalid provisions had not been included herein.
     7    § 3. This act shall take effect immediately  provided,  however,  that
     8  the applicable effective date of Parts A through AA of this act shall be
     9  as specifically set forth in the last section of such Parts.
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