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S08306 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8306--C                                            A. 8806--C
 
                SENATE - ASSEMBLY
 
                                    January 17, 2024
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence; to amend the education law, in relation to foundation  aid;  to
          amend  the  education  law,  in  relation  to allowable transportation
          expenses; to direct a foundation aid formula study by  the  Nelson  A.
          Rockefeller  institute;  to  amend  the  education law, in relation to
          transportation aid and the Clean Water,  Clean  Air,  and  Green  Jobs
          Environmental  Bond  Act  of  2022;  to  amend  the  education law, in
          relation to transportation aid  for  zero-emission  school  buses  and
          establishing  the New York state zero-emission bus resource center; to
          amend the education law, in relation to academic enhancement  aid;  to
          amend  the  education  law,  in relation to high tax aid; to amend the
          education law, in  relation  to  universal  pre-kindergarten  and  the
          Statewide  universal  full-day  pre-kindergarten  program; directing a
          study on consolidation  of  pre-kindergarten  funding;  to  amend  the
          education law, in relation to implementation of the smart schools bond
          act of 2014; to amend the education law, in relation to special appor-
          tionments  and  grants-in-aid to school districts; to amend the educa-
          tion law, in relation to extending certain provisions of the  teachers
          of  tomorrow  teacher  recruitment and retention program; to amend the
          education law, in relation to maximum class sizes for special  classes
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-05-4

        S. 8306--C                          2                         A. 8806--C
 
          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; to
          amend chapter 756 of the laws of 1992 relating to  funding  a  program
          for work force education conducted by the consortium for worker educa-
          tion  in New York city, in relation to reimbursement for the 2023-2024
          school year withholding a portion of employment preparation  education
          aid  and in relation to the effectiveness thereof; to amend the educa-
          tion law, in relation to funding for employment preparation  education
          programs;  to amend the education law, in relation to the financing of
          charter schools; to amend part A of chapter 56 of  the  laws  of  2023
          directing the education department to conduct a comprehensive study of
          alternative  tuition rate-setting methodologies for approved providers
          operating school-age and preschool programs receiving  state  funding,
          in relation to extending the date for the submission of such recommen-
          dations;  to  amend  chapter 537 of the laws of 1976 relating to paid,
          free and reduced price breakfast for eligible pupils in certain school
          districts, in relation to a state subsidy; to amend chapter 169 of the
          laws of 1994, relating to certain provisions related  to  the  1994-95
          state operations, aid to localities, capital projects and debt service
          budgets,  in relation to the effectiveness thereof; to amend subpart F
          of part C of chapter 97 of the laws of 2011,  amending  the  education
          law  relating  to  census  reporting, in relation to the effectiveness
          thereof; providing for  special  apportionment  for  salary  expenses;
          providing  for  special  apportionment for public pension accruals; to
          amend chapter 121 of the laws of 1996 authorizing the Roosevelt  union
          free  school  district  to  finance deficits by the issuance of serial
          bonds, in relation to an apportionment for salary expenses;  providing
          for  set-asides  from  the  state  funds  which  certain districts are
          receiving from the total foundation  aid;  providing  for  support  of
          public  libraries;  to  repeal certain provisions of the education law
          relating to phase-in foundation increase; to repeal certain provisions
          of the education law relating to foundation aid; and providing for the
          repeal of certain provisions upon the expiration thereof (Part A);  to
          amend  the  education  law, in relation to establishing evidence-based
          reading instructional best practices for students attending prekinder-
          garten through grade three (Part B); to amend the  education  law,  in
          relation  to  directing  the  commissioner of education to require the
          completion of a free application for federal student aid or  a  waiver
          of  such  requirement  and  requires  school districts to issue annual
          reports on  students  completing  the  free  application  for  federal
          student  aid  and  the waiver (Part C); to amend the education law, in
          relation to eligibility for unrestricted aid to  independent  colleges
          and  universities  (Part  D); intentionally omitted (Part E); to amend
          chapter 260 of the laws of 2011 amending the education law and the New
          York state urban development corporation act relating to  establishing
          components of the NY-SUNY 2020 challenge grant program, in relation to
          the  effectiveness  thereof (Part F); 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 G); 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  H);  inten-
          tionally  omitted  (Part  I);  to  amend the labor law, in relation to
          nursing employees' right to  express  breast  milk  (Part  J);  inten-

        S. 8306--C                          3                         A. 8806--C
 
          tionally  omitted  (Part  K); intentionally omitted (Part L); to amend
          chapter 25 of the laws of 2020, relating to providing requirements for
          sick leave and the provision of certain employee  benefits  when  such
          employee  is  subject to a mandatory or precautionary order of quaran-
          tine or isolation due to COVID-19, in relation to  providing  for  the
          expiration and repeal of such provisions (Part M); to utilize reserves
          in  the mortgage insurance fund for various housing purposes (Part N);
          to amend the criminal procedure law and the penal law, in relation  to
          the  crime  of  deed theft; to amend the executive law, in relation to
          authorizing the attorney general to prosecute  crimes  involving  deed
          theft;  to  amend  the  real  property actions and proceedings law, in
          relation to the partition of heirs property; and  to  amend  the  real
          property  law,  in  relation to allowing transfer on death deeds (Part
          O); intentionally omitted (Part P); to  amend  the  multiple  dwelling
          law,  in  relation  to  authorizing  a  city of one million or more to
          remove the cap on the floor area ratio of certain dwellings (Part  Q);
          to  amend  the labor law and the real property tax law, in relation to
          the exemption from real property taxation of certain  multiple  dwell-
          ings in a city having a population of one million or more (Part R); to
          amend the multiple dwelling law, in relation to establishing a program
          to address  the legalization of specified basement and cellar dwelling
          units and the conversion of other specified basement and cellar dwell-
          ing units in a city with a population of one million or more (Part S);
          to  amend  the real property tax law, in relation to eligible multiple
          dwellings under the affordable New York housing program (Part  T);  to
          amend  the  real  property  tax  law and the labor law, in relation to
          enacting the affordable neighborhoods for New  Yorkers  tax  incentive
          (Part  U);  to  amend  the executive law, in relation to requiring the
          state fire prevention and building code council  to  study  and  adopt
          uniform  fire  prevention  and building code standards to promote fire
          safety and  accessibility  in  certain  single-exit,  single  stairway
          multi-unit residential buildings; and providing for the repeal of such
          provisions  upon  the expiration thereof (Part V); to amend the educa-
          tion law, in relation to permitting tuition assistance program  awards
          to  be  made to part-time students enrolled in certain degree granting
          institutions chartered or authorized by the New York  state  board  of
          regents  (Part W); to amend the education law, in relation to increas-
          ing the  income  eligibility  threshold  for  the  tuition  assistance
          program  (Part  X);  to  amend the social services law, in relation to
          establishing  differential  payment  rates  for  child  care  services
          provided  by  licensed,  registered  or  enrolled child care providers
          (Part Y); to amend chapter 277 of the laws of 2021  amending the labor
          law relating to the calculation of   weekly    employment    insurance
          benefits  for workers who are partially unemployed, in relation to the
          effectiveness thereof (Part Z); to amend the vehicle and traffic  law,
          in  relation to owner liability for failure of an operator to stop for
          a school bus displaying a red visual signal and stop-arm; and to amend
          chapter 145 of the laws of 2019, amending the vehicle and traffic  law
          relating  to  school  bus photo violation monitoring systems and owner
          liability for failure of operator to stop for a school bus  displaying
          a  red  visual  signal, in relation to the effectiveness thereof (Part
          AA); to amend the insurance law, in relation to prohibiting  discrimi-
          nation  because  of  the  affordability of residential buildings (Part
          BB); to amend the education law, in relation to requiring the  use  of
          project  labor  agreements for large scale construction projects under
          the state university construction fund (Part CC); relating to the city

        S. 8306--C                          4                         A. 8806--C
 
          of Dunkirk fiscal recovery act; and providing for the repeal  of  such
          provisions  upon expiration thereof (Part DD); to amend the real prop-
          erty tax law, in  relation  to  establishing  an  optional  local  tax
          exemption  for  affordable  multi-family housing and an optional local
          tax  exemption  for  newly  converted  or  constructed  fully   income
          restricted rental multiple dwellings (Part EE); to amend the emergency
          tenant  protection  act  of  nineteen seventy-four, the administrative
          code of the city of New York, and the emergency housing  rent  control
          law,  in relation to increasing the amount recoverable by an owner for
          individual apartment improvements (Part FF); to  amend  the  executive
          law,  in  relation to including an accessory dwelling unit in the term
          housing accommodations in the human rights law; and to amend the  real
          property  tax  law,  in  relation  to providing a tax exemption on the
          increase in value of property resulting from the addition of an acces-
          sory dwelling unit (Part GG); to amend the real property law  and  the
          real property actions and proceedings law, in relation to enacting the
          "good  cause  eviction  law";  and  providing  for  the repeal of such
          provisions upon the expiration thereof (Part HH); to  amend  the  real
          property  actions  and  proceedings law, in relation to further estab-
          lishing when a landlord-tenant relationship exists (Part II); to amend
          the real property tax law, in relation to directing the department  of
          housing  preservation  and development to develop a program to conduct
          annual audits of compliance  with  the  affordable  New  York  housing
          program  (Part  JJ);  to  amend  the  private  housing finance law, in
          relation to establishing the New York housing for the future  homeown-
          ership  program and the New York housing for the future rental housing
          program (Part KK); to amend the election law, the civil  practice  law
          and rules and the education law, in relation to regulating public data
          maintained  by county and city boards of elections (Part LL); to amend
          the alcoholic beverage control law, in relation to permitting the  use
          of  contiguous  and  non-contiguous  municipal public space by certain
          licensees; and to repeal chapter 238 of the laws of 2021, relating  to
          permitting the use of municipal space for outdoor dining (Part MM); to
          amend  the  transportation  law,  in  relation  to  clarifying certain
          provisions of the stretch limousine passenger safety act (Part NN); to
          amend the vehicle and traffic law, in relation to  establishing  speed
          limits  in  cities  with  populations  in excess of one million people
          (Part OO); to amend the public health law, in relation to enacting the
          reproductive freedom and equity grant program (Part PP); to amend  the
          retirement  and social security law and the administrative code of the
          city of New York, in relation to the calculation of the final  average
          salary for purposes of the calculation of a pension benefit (Part QQ);
          to amend the tax law, in relation to reducing the rate of tax applica-
          ble  to  certain  authorized combative sports under article 19 thereof
          (Part RR); authorizing the lease of certain lands located at the State
          University of New York at Stony Brook (Part SS); to amend  the  public
          authorities  law,  in  relation  to  bonds issued by the New York city
          transitional finance authority (Part TT); to amend the public authori-
          ties law, in relation to fare enforcement by the  metropolitan  trans-
          portation  authority (Part UU); in relation to directing the office of
          children and family services to conduct a study to evaluate the feasi-
          bility of providing after  school  programming  to  every  school-aged
          child  in New York (Part VV); to amend the vehicle and traffic law, in
          relation to obstructed or obscured  license  plates  and  the  penalty
          imposed  upon  the operator of a vehicle with an intentionally altered
          or obscured license plate while on a toll highway, bridge or tunnel or

        S. 8306--C                          5                         A. 8806--C
 
          in a tolled central business district; to amend the vehicle and  traf-
          fic  law,  in  relation  to  authorizing law enforcement to confiscate
          license plate coverings; to amend the  vehicle  and  traffic  law,  in
          relation to authorizing vehicle registration suspension for failure to
          comply with the removal of materials or substances altering or obscur-
          ing  a  license  plate;  and  to  amend the public authorities law, in
          relation to authorizing public authorities with  bridges,  tunnels  or
          highways  under  their  jurisdiction  to  enter  judgments  for unpaid
          liabilities for a violation of toll collection regulations and enforce
          such judgments without court proceedings (Subpart A); and to amend the
          public authorities law, in relation to the payment of tolls under  the
          tolls by mail program (Subpart B) (Part WW); to provide for the admin-
          istration of certain funds and accounts related to the 2023-2024 budg-
          et,  authorizing  certain  payments  and transfers; to amend the state
          finance law, in relation to the administration of  certain  funds  and
          accounts, in relation to the effectiveness thereof, and in relation to
          interest  owed  on  outstanding  balances  of debt; to amend part D of
          chapter 389 of the laws of 1997  relating  to  the  financing  of  the
          correctional  facilities  improvement  fund  and  the  youth  facility
          improvement fund, in relation to the  issuance  of  certain  bonds  or
          notes;  to amend the private housing finance law, in relation to hous-
          ing program bonds and notes; to amend the public authorities  law,  in
          relation  to  the issuance of bonds and notes by the dedicated highway
          and bridge trust  fund;  to  amend  the  public  authorities  law,  in
          relation to the issuance of bonds and notes for city university facil-
          ities;  to  amend the public authorities law, in relation to the issu-
          ance of bonds for library construction projects; to amend  the  public
          authorities  law,  in  relation  to  the  issuance  of bonds for state
          university educational facilities; to  amend  the  public  authorities
          law,  in relation to the issuance of bonds and notes for locally spon-
          sored community colleges; to amend chapter 392 of the  laws  of  1973,
          constituting the New York state medical care facilities finance agency
          act,  in relation to the issuance of mental health services facilities
          improvement bonds and notes; to amend part K of chapter 81 of the laws
          of 2002, relating to providing for the administration of certain funds
          and accounts related to the 2002-2003 budget, in relation to the issu-
          ance of bonds and notes to finance capital costs related  to  homeland
          security;  to  amend  chapter 174 of the laws of 1968 constituting the
          urban development corporation act, in  relation  to  the  issuance  of
          bonds and notes for purposes of funding office of information technol-
          ogy  services project costs; to amend chapter 329 of the laws of 1991,
          amending the state finance law and other laws relating to  the  estab-
          lishment  of  the dedicated highway and bridge trust fund, in relation
          to the issuance of funds to the thruway authority;  to  amend  chapter
          174 of the laws of 1968 constituting the urban development corporation
          act,  in relation to the issuance of bonds and notes to fund costs for
          statewide equipment; to amend the public authorities law, in  relation
          to  the  issuance  of  bonds  for  purposes of financing environmental
          infrastructure projects; to amend part D of chapter 389 of the laws of
          1997,  relating  to  the  financing  of  the  correctional  facilities
          improvement  fund and the youth facility improvement fund, in relation
          to the issuance of bonds and notes for the youth  facilities  improve-
          ment  fund;  to  amend  the public authorities law, in relation to the
          issuance of bonds and notes for the purpose of financing peace  bridge
          projects and capital costs of state and local highways; to amend chap-
          ter  174 of the laws of 1968 constituting the urban development corpo-

        S. 8306--C                          6                         A. 8806--C
 
          ration act, in relation to the issuance of bonds for economic develop-
          ment initiatives; to amend part Y of chapter 61 of the laws  of  2005,
          relating  to  providing  for  the  administration of certain funds and
          accounts  related to the 2005-2006 budget, in relation to the issuance
          of bonds and notes for the purpose of financing capital  projects  for
          the  division  of  military and naval affairs; to amend chapter 174 of
          the laws of 1968 constituting the urban development  corporation  act,
          in  relation  to the issuance of bonds for special education and other
          educational facilities;  to  amend  the  public  authorities  law,  in
          relation to the issuance of bonds and notes for the purpose of financ-
          ing  the  construction  of  the New York state agriculture and markets
          food laboratory; to amend section 1 of part D of  chapter  63  of  the
          laws  of 2005, relating to the composition and responsibilities of the
          New York state higher  education  capital  matching  grant  board,  in
          relation to higher education capital matching grants; to amend chapter
          392  of the laws of 1973, constituting the New York state medical care
          facilities finance agency act, in relation to including  comprehensive
          psychiatric emergency programs and housing for mentally ill persons in
          the  definition of mental health services facility; to amend the state
          finance law, in relation to the private sale of certain revenue bonds,
          and in relation to including assets that provide a long-term  interest
          in land in the definition of fixed assets; to amend the public author-
          ities  law,  in  relation to bond issuance charges; to amend the state
          finance law, in relation to the redemption price  of  certain  revenue
          bonds; to amend chapter 174 of the laws of 1968 constituting the urban
          development  corporation  act, in relation to the issuance of personal
          income tax revenue anticipation notes; to amend the public authorities
          law, in relation to the issuance of bonds or notes for the purpose  of
          assisting  the  metropolitan transportation authority in the financing
          of transportation facilities; and providing for the repeal of  certain
          provisions  upon expiration thereof (Part XX); to amend chapter 141 of
          the laws of 1994, amending the legislative law and the  state  finance
          law  relating  to the operation and administration of the legislature,
          in relation to extending such  provisions  (Part  YY);  to  amend  the
          education  law,  in  relation  to school governance in the city of New
          York; and to amend chapter 91 of the laws of 2002 amending the  educa-
          tion  law  and  other  laws relating to reorganization of the New York
          city school construction authority, board of education  and  community
          boards, and chapter 345 of the laws of 2009 amending the education law
          and other laws relating to the New York city board of education, chan-
          cellor,  community councils and community superintendents, in relation
          to the effectiveness thereof (Part ZZ); to amend the economic develop-
          ment law, in relation to  establishing  the  newspaper  and  broadcast
          media  jobs  program;  and to amend the tax law, in relation to estab-
          lishing the newspaper and broadcast media jobs tax credit (Part  AAA);
          and  to  amend the tax law, in relation to a payment of a supplemental
          empire state child credit (Part BBB)
 
          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 2024-2025 state fiscal year. Each component is
     4  wholly  contained  within  a Part identified as Parts A through BBB. The

        S. 8306--C                          7                         A. 8806--C
 
     1  effective date for each particular provision contained within such  Part
     2  is  set  forth  in  the  last section of such Part. Any provision in any
     3  section contained within a Part, including the  effective  date  of  the
     4  Part,  which  makes a reference to a section "of this act", when used in
     5  connection with that particular component, shall be deemed to  mean  and
     6  refer  to  the  corresponding  section of the Part in which it is found.
     7  Section three of this act sets forth the general effective date of  this
     8  act.
 
     9                                   PART A
 
    10    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    11  tion law, as amended by section 1 of part A of chapter 56 of the laws of
    12  2023, is amended to read as follows:
    13    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    14  district that submitted a contract for excellence for the  two  thousand
    15  eight--two  thousand nine school year shall submit a contract for excel-
    16  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    17  conformity  with the requirements of subparagraph (vi) of paragraph a of
    18  subdivision two of this section unless all schools in the  district  are
    19  identified  as  in  good  standing  and  provided further that, a school
    20  district that submitted a contract for excellence for the  two  thousand
    21  nine--two  thousand  ten school year, unless all schools in the district
    22  are identified as in good standing, shall submit a contract  for  excel-
    23  lence for the two thousand eleven--two thousand twelve school year which
    24  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    25  graph a of subdivision two of this section, provide for the  expenditure
    26  of  an  amount  which  shall  be not less than the product of the amount
    27  approved by the commissioner in the contract for excellence for the  two
    28  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    29  district's gap elimination adjustment percentage  and  provided  further
    30  that, a school district that submitted a contract for excellence for the
    31  two thousand eleven--two thousand twelve school year, unless all schools
    32  in  the  district  are  identified  as  in good standing, shall submit a
    33  contract for excellence for the two thousand twelve--two thousand  thir-
    34  teen  school  year  which  shall,  notwithstanding  the  requirements of
    35  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    36  provide  for  the  expenditure of an amount which shall be not less than
    37  the amount approved by the commissioner in the contract  for  excellence
    38  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
    39  provided further that, a school district that submitted a  contract  for
    40  excellence  for  the  two  thousand twelve--two thousand thirteen school
    41  year, unless all schools in the  district  are  identified  as  in  good
    42  standing,  shall  submit  a contract for excellence for the two thousand
    43  thirteen--two thousand fourteen school year which shall, notwithstanding
    44  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    45  of this section, provide for the expenditure of an amount which shall be
    46  not  less  than  the amount approved by the commissioner in the contract
    47  for excellence for the two thousand twelve--two thousand thirteen school
    48  year and provided further that,  a  school  district  that  submitted  a
    49  contract  for  excellence  for  the  two thousand thirteen--two thousand
    50  fourteen school year, unless all schools in the district are  identified
    51  as  in good standing, shall submit a contract for excellence for the two
    52  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    53  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    54  subdivision two of this section,  provide  for  the  expenditure  of  an

        S. 8306--C                          8                         A. 8806--C
 
     1  amount  which  shall be not less than the amount approved by the commis-
     2  sioner in the contract for excellence for the two thousand thirteen--two
     3  thousand fourteen school year;  and  provided  further  that,  a  school
     4  district  that  submitted a contract for excellence for the two thousand
     5  fourteen--two thousand fifteen school year, unless all  schools  in  the
     6  district are identified as in good standing, shall submit a contract for
     7  excellence  for  the  two  thousand fifteen--two thousand sixteen school
     8  year which shall, notwithstanding the requirements of subparagraph  (vi)
     9  of  paragraph  a  of  subdivision  two  of this section, provide for the
    10  expenditure of an amount  which  shall  be  not  less  than  the  amount
    11  approved  by the commissioner in the contract for excellence for the two
    12  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    13  further  that a school district that submitted a contract for excellence
    14  for the two thousand fifteen--two thousand sixteen school  year,  unless
    15  all  schools  in  the district are identified as in good standing, shall
    16  submit a contract for excellence for the two thousand sixteen--two thou-
    17  sand seventeen school year which shall, notwithstanding the requirements
    18  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    19  provide  for  the  expenditure of an amount which shall be not less than
    20  the amount approved by the commissioner in the contract  for  excellence
    21  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    22  provided further that, a school district that submitted a  contract  for
    23  excellence  for  the two thousand sixteen--two thousand seventeen school
    24  year, unless all schools in the  district  are  identified  as  in  good
    25  standing,  shall  submit  a contract for excellence for the two thousand
    26  seventeen--two thousand eighteen school year which shall,  notwithstand-
    27  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    28  two of this section, provide for the  expenditure  of  an  amount  which
    29  shall  be  not  less than the amount approved by the commissioner in the
    30  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    31  seventeen  school year; and provided further that a school district that
    32  submitted a contract for excellence for the two thousand  seventeen--two
    33  thousand  eighteen  school  year, unless all schools in the district are
    34  identified as in good standing, shall submit a contract  for  excellence
    35  for  the  two thousand eighteen--two thousand nineteen school year which
    36  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    37  graph  a of subdivision two of this section, provide for the expenditure
    38  of an amount which shall be not less than the  amount  approved  by  the
    39  commissioner  in the contract for excellence for the two thousand seven-
    40  teen--two thousand eighteen school year; and provided  further  that,  a
    41  school  district  that  submitted  a contract for excellence for the two
    42  thousand eighteen--two thousand nineteen school year, unless all schools
    43  in the district are identified as  in  good  standing,  shall  submit  a
    44  contract  for  excellence  for  the  two thousand nineteen--two thousand
    45  twenty school year which  shall,  notwithstanding  the  requirements  of
    46  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    47  provide for the expenditure of an amount which shall be  not  less  than
    48  the  amount  approved by the commissioner in the contract for excellence
    49  for the two thousand eighteen--two thousand nineteen  school  year;  and
    50  provided  further  that, a school district that submitted a contract for
    51  excellence for the two thousand  nineteen--two  thousand  twenty  school
    52  year,  unless  all  schools  in  the  district are identified as in good
    53  standing, shall submit a contract for excellence for  the  two  thousand
    54  twenty--two thousand twenty-one school year which shall, notwithstanding
    55  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    56  of this section, provide for the expenditure of an amount which shall be

        S. 8306--C                          9                         A. 8806--C
 
     1  not less than the amount approved by the commissioner  in  the  contract
     2  for excellence for the two thousand nineteen--two thousand twenty school
     3  year;  and  provided  further  that,  a school district that submitted a
     4  contract  for excellence for the two thousand twenty--two thousand twen-
     5  ty-one school year, unless all schools in the district are identified as
     6  in good standing, shall submit a contract for  excellence  for  the  two
     7  thousand  twenty-one--two  thousand  twenty-two school year which shall,
     8  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
     9  subdivision  two  of  this  section,  provide  for the expenditure of an
    10  amount which shall be not less than the amount approved by  the  commis-
    11  sioner  in  the contract for excellence for the two thousand twenty--two
    12  thousand twenty-one school year; and provided  further  that,  a  school
    13  district  that  submitted a contract for excellence for the two thousand
    14  twenty-one--two thousand twenty-two school year, unless all  schools  in
    15  the district are identified as in good standing, shall submit a contract
    16  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
    17  three school year  which  shall,  notwithstanding  the  requirements  of
    18  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    19  provide for the expenditure of an amount which shall be  not  less  than
    20  the  amount  approved by the commissioner in the contract for excellence
    21  for the two thousand twenty-one--two thousand  twenty-two  school  year;
    22  and  provided  further that, a school district that submitted a contract
    23  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    24  three  school year, unless all schools in the district are identified as
    25  in good standing, shall submit a contract for  excellence  for  the  two
    26  thousand twenty-three--two thousand twenty-four school year which shall,
    27  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    28  subdivision two of this section,  provide  for  the  expenditure  of  an
    29  amount  which  shall be not less than the amount approved by the commis-
    30  sioner in the contract for excellence for the two thousand  twenty-two--
    31  two  thousand  twenty-three  school  year;  and provided further that, a
    32  school district that submitted a contract for  excellence  for  the  two
    33  thousand  twenty-three--two thousand twenty-four school year, unless all
    34  schools in the district are identified as in good standing, shall submit
    35  a contract for excellence for the two thousand twenty-four--two thousand
    36  twenty-five school year which shall, notwithstanding the requirements of
    37  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    38  provide  for  the  expenditure of an amount which shall be not less than
    39  the amount approved by the commissioner in the contract  for  excellence
    40  for the two thousand twenty-three--two thousand twenty-four school year;
    41  provided,  however,  that,  in a city school district in a city having a
    42  population of one million or more, notwithstanding the  requirements  of
    43  subparagraph (vi) of paragraph a of subdivision two of this section, the
    44  contract  for  excellence shall provide for the expenditure as set forth
    45  in subparagraph (v) of paragraph a of subdivision two of  this  section.
    46  For purposes of this paragraph, the "gap elimination adjustment percent-
    47  age" shall be calculated as the sum of one minus the quotient of the sum
    48  of the school district's net gap elimination adjustment for two thousand
    49  ten--two thousand eleven computed pursuant to chapter fifty-three of the
    50  laws  of  two  thousand  ten,  making  appropriations for the support of
    51  government, plus the school district's gap  elimination  adjustment  for
    52  two thousand eleven--two thousand twelve as computed pursuant to chapter
    53  fifty-three  of  the  laws of two thousand eleven, making appropriations
    54  for the support of the local assistance budget,  including  support  for
    55  general support for public schools, divided by the total aid for adjust-
    56  ment  computed  pursuant to chapter fifty-three of the laws of two thou-

        S. 8306--C                         10                         A. 8806--C
 
     1  sand eleven, making appropriations  for  the  local  assistance  budget,
     2  including  support  for  general  support  for public schools. Provided,
     3  further, that such amount shall be  expended  to  support  and  maintain
     4  allowable programs and activities approved in the two thousand nine--two
     5  thousand  ten  school  year  or  to  support  new  or expanded allowable
     6  programs and activities in the current year.
     7    § 2. The opening paragraph of subdivision 4 of  section  3602  of  the
     8  education  law,  as  amended by section 9-b of part CCC of chapter 59 of
     9  the laws of 2018, is amended to read as follows:
    10    In addition to any other apportionment pursuant  to  this  chapter,  a
    11  school  district, other than a special act school district as defined in
    12  subdivision eight of section four thousand one of this chapter, shall be
    13  eligible for total foundation aid equal to the product of total  aidable
    14  foundation  pupil units multiplied by the district's selected foundation
    15  aid, which shall be the greater of five hundred dollars ($500) or  foun-
    16  dation  formula aid[, provided, however that for the two thousand seven-
    17  -two thousand eight through two thousand eight--two thousand nine school
    18  years, no school district shall receive total foundation aid  in  excess
    19  of  the  sum of the total foundation aid base for aid payable in the two
    20  thousand seven--two thousand eight  school  year  computed  pursuant  to
    21  subparagraph (i) of paragraph j of subdivision one of this section, plus
    22  the  phase-in  foundation  increase  computed pursuant to paragraph b of
    23  this subdivision, and provided further that for the two thousand twelve-
    24  -two thousand thirteen school year, no  school  district  shall  receive
    25  total  foundation  aid  in excess of the sum of the total foundation aid
    26  base for aid payable in the two  thousand  eleven--two  thousand  twelve
    27  school  year  computed  pursuant  to subparagraph (ii) of paragraph j of
    28  subdivision one of this section, plus the phase-in  foundation  increase
    29  computed  pursuant  to  paragraph  b  of  this subdivision, and provided
    30  further that for the two thousand thirteen--two thousand fourteen school
    31  year and thereafter, no school district shall receive  total  foundation
    32  aid  in  excess  of  the  sum  of the total foundation aid base computed
    33  pursuant to subparagraph (ii) of paragraph j of subdivision one of  this
    34  section,  plus  the  phase-in  foundation  increase computed pursuant to
    35  paragraph b of this subdivision, and provided further that for  the  two
    36  thousand sixteen--two thousand seventeen school year, no eligible school
    37  districts shall receive total foundation aid in excess of the sum of the
    38  total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
    39  paragraph j of subdivision one of this section plus the sum of  (A)  the
    40  phase-in foundation increase, (B) the executive foundation increase with
    41  a  minimum  increase  pursuant to paragraph b-2 of this subdivision, and
    42  (C) an amount equal to "COMMUNITY SCHOOLS AID" in the  computer  listing
    43  produced  by the commissioner in support of the executive budget request
    44  for the two thousand sixteen--two thousand  seventeen  school  year  and
    45  entitled  "BT161-7",  where  (1)  "eligible  school  district"  shall be
    46  defined as a district with (a) an unrestricted aid increase of less than
    47  seven percent (0.07) and (b) a three year average free and reduced price
    48  lunch percent greater than fifteen percent (0.15), and (2) "unrestricted
    49  aid increase" shall mean the quotient arrived at when dividing  (a)  the
    50  sum  of  the  executive foundation aid increase plus the gap elimination
    51  adjustment for the base year, by (b) the difference  of  foundation  aid
    52  for the base year less the gap elimination adjustment for the base year,
    53  and (3) "executive foundation increase" shall mean the difference of (a)
    54  the amounts set forth for each school district as "FOUNDATION AID" under
    55  the  heading "2016-17 ESTIMATED AIDS" in the school aid computer listing
    56  produced by the commissioner in support of the executive budget  request

        S. 8306--C                         11                         A. 8806--C

     1  for  the  two  thousand  sixteen--two thousand seventeen school year and
     2  entitled "BT161-7" less (b)  the  amounts  set  forth  for  each  school
     3  district  as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"
     4  in  such computer listing and provided further that total foundation aid
     5  shall not be less than the product of  the  total  foundation  aid  base
     6  computed  pursuant to paragraph j of subdivision one of this section and
     7  the due-minimum percent which shall be, for the two thousand twelve--two
     8  thousand thirteen  school  year,  one  hundred  and  six-tenths  percent
     9  (1.006)  and for the two thousand thirteen--two thousand fourteen school
    10  year for city school districts of those  cities  having  populations  in
    11  excess  of  one  hundred  twenty-five thousand and less than one million
    12  inhabitants one hundred and one and one hundred  and  seventy-six  thou-
    13  sandths  percent  (1.01176), and for all other districts one hundred and
    14  three-tenths percent (1.003), and for  the  two  thousand  fourteen--two
    15  thousand  fifteen  school  year  one  hundred and eighty-five hundredths
    16  percent (1.0085), and for the two thousand fifteen--two thousand sixteen
    17  school year,  one  hundred  thirty-seven  hundredths  percent  (1.0037),
    18  subject to allocation pursuant to the provisions of subdivision eighteen
    19  of  this section and any provisions of a chapter of the laws of New York
    20  as described therein, nor more than the product of such total foundation
    21  aid base and one hundred fifteen percent for any school year other  than
    22  the two thousand seventeen--two thousand eighteen school year, provided,
    23  however,  that  for  the  two  thousand  sixteen--two thousand seventeen
    24  school year such maximum shall be no more than the sum of (i) the  prod-
    25  uct  of  such  total foundation aid base and one hundred fifteen percent
    26  plus (ii) the executive foundation increase and  plus  (iii)  "COMMUNITY
    27  SCHOOLS  AID"  in  the  computer listing produced by the commissioner in
    28  support of the executive budget request for the two  thousand  sixteen--
    29  two  thousand  seventeen school year and entitled "BT161-7" and provided
    30  further that for the two thousand nine--two  thousand  ten  through  two
    31  thousand  eleven--two thousand twelve school years, each school district
    32  shall receive total foundation aid in an  amount  equal  to  the  amount
    33  apportioned  to  such  school  district  for the two thousand eight--two
    34  thousand nine school year pursuant to this subdivision].  Total  aidable
    35  foundation  pupil  units  shall be calculated pursuant to paragraph g of
    36  subdivision two of this section. For the  purposes  of  calculating  aid
    37  pursuant  to  this  subdivision, aid for the city school district of the
    38  city of New York shall be calculated on a citywide basis.
    39    § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of  section
    40  3602  of  the  education law,   as amended by section 9-b of part CCC of
    41  chapter 59 of the laws of 2018,  are amended to read as follows:
    42    (1) The foundation amount shall reflect the average per pupil cost  of
    43  general  education instruction in successful school districts, as deter-
    44  mined by a statistical analysis of the costs of  special  education  and
    45  general  education  in  successful  school  districts, provided that the
    46  foundation amount shall be adjusted annually to reflect  the  percentage
    47  increase  in  the  consumer  price  index  as defined by paragraph hh of
    48  subdivision one of this section[, provided that  for  the  two  thousand
    49  eight--two  thousand  nine  school year, for the purpose of such adjust-
    50  ment, the percentage increase in  the  consumer  price  index  shall  be
    51  deemed  to  be two and nine-tenths percent (0.029), and provided further
    52  that the foundation amount for  the  two  thousand  seven--two  thousand
    53  eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
    54  dollars, and provided further that for the two thousand seven--two thou-
    55  sand eight through two thousand seventeen--two thousand eighteen  school
    56  years,  the  foundation amount shall be further adjusted by the phase-in

        S. 8306--C                         12                         A. 8806--C

     1  foundation percent established pursuant to paragraph b of this  subdivi-
     2  sion],  provided  that  for  the  two thousand twenty-four--two thousand
     3  twenty-five school year, the percentage increase in the  consumer  price
     4  index shall be deemed to be two and eight-tenths percent (0.028).
     5    (4)  The expected minimum local contribution shall equal the lesser of
     6  (i) the product of (A) the quotient arrived at when the selected  actual
     7  valuation  is divided by total wealth foundation pupil units, multiplied
     8  by (B) the product of the local tax factor,  multiplied  by  the  income
     9  wealth  index,  or (ii) the product of (A) the product of the foundation
    10  amount, the regional cost index, and the pupil need index, multiplied by
    11  (B) the positive difference, if any, of  one  minus  the  state  sharing
    12  ratio  for  total  foundation  aid. The local tax factor shall be estab-
    13  lished by May first of each year by determining the product, computed to
    14  four decimal places without rounding, of ninety  percent  multiplied  by
    15  the quotient of the sum of the statewide average tax rate as computed by
    16  the  commissioner for the current year in accordance with the provisions
    17  of paragraph e of subdivision one of section thirty-six  hundred  nine-e
    18  of this part plus the statewide average tax rate computed by the commis-
    19  sioner  for  the  base  year in accordance with such provisions plus the
    20  statewide average tax rate computed by the  commissioner  for  the  year
    21  prior  to  the  base year in accordance with such provisions, divided by
    22  three[, provided however that for the two thousand  seven--two  thousand
    23  eight  school  year,  such local tax factor shall be sixteen thousandths
    24  (0.016), and provided further that for the two thousand eight--two thou-
    25  sand nine school year, such  local  tax  factor  shall  be  one  hundred
    26  fifty-four  ten  thousandths (0.0154)]. The income wealth index shall be
    27  calculated pursuant to paragraph d of subdivision three of this section,
    28  provided, however, that for the purposes of computing the expected mini-
    29  mum local contribution the income wealth index shall not  be  less  than
    30  sixty-five percent (0.65) and shall not be more than two hundred percent
    31  (2.0)  [and  provided however that such income wealth index shall not be
    32  more than ninety-five percent (0.95) for  the  two  thousand  eight--two
    33  thousand  nine school year, and provided further that such income wealth
    34  index shall not be less than zero for  the  two  thousand  thirteen--two
    35  thousand  fourteen  school year]. The selected actual valuation shall be
    36  calculated pursuant to paragraph c of subdivision one of  this  section.
    37  Total  wealth  foundation  pupil  units  shall be calculated pursuant to
    38  paragraph h of subdivision two of this section.
    39    § 4. Paragraph c of subdivision 4 of section  3602  of  the  education
    40  law,  as amended by section 9-b of part CCC of chapter 59 of the laws of
    41  2018, is amended to read as follows:
    42    c. Public excess cost aid setaside. Each  school  district  shall  set
    43  aside from its total foundation aid computed for the current year pursu-
    44  ant  to  this  subdivision  an  amount  equal to the product of: (i) the
    45  difference between the  amount  the  school  district  was  eligible  to
    46  receive in the two thousand six--two thousand seven school year pursuant
    47  to  or  in lieu of paragraph six of subdivision nineteen of this section
    48  as such paragraph existed on June thirtieth, two thousand  seven,  minus
    49  the  amount such district was eligible to receive pursuant to or in lieu
    50  of paragraph five of subdivision nineteen of this section as such  para-
    51  graph  existed  on  June  thirtieth,  two thousand seven, in such school
    52  year, and (ii) the sum of one and the percentage increase in the consum-
    53  er price index for the current year over such consumer price  index  for
    54  the  two  thousand  six--two  thousand  seven school year, as defined by
    55  paragraph hh of subdivision one  of  this  section,  provided  that  the
    56  percentage  increase  in  the  consumer price index for the two thousand

        S. 8306--C                         13                         A. 8806--C

     1  twenty-four--two thousand twenty-five school  year  over  such  consumer
     2  price  index  for  the  two thousand six--two thousand seven school year
     3  shall be deemed to be fifty-four and one-tenth percent (0.541). Notwith-
     4  standing  any  other provision of law to the contrary, the public excess
     5  cost aid setaside shall be paid pursuant to section  thirty-six  hundred
     6  nine-b of this part.
     7    §  5.  Paragraph  d  of subdivision 4 of section 3602 of the education
     8  law, as amended by section 6 of part YYY of chapter 59 of  the  laws  of
     9  2019, is amended to read as follows:
    10    d.  For  the  two  thousand fourteen--two thousand fifteen through two
    11  thousand [twenty-three] twenty-eight--two thousand  [twenty-four]  twen-
    12  ty-nine  school  years  a  city school district of a city having a popu-
    13  lation of one million or more may use amounts  apportioned  pursuant  to
    14  this subdivision for afterschool programs.
    15    § 6. Paragraphs b, b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of
    16  section  3602  of  the  education  law are REPEALED and paragraph b-1 is
    17  relettered paragraph b.
    18    § 7. Paragraph k of subdivision 4 of section 3602 of the education law
    19  is REPEALED.
    20    § 8. The closing paragraph of subdivision 3 of  section  3602  of  the
    21  education  law,  as  added  by section 13 of part B of chapter 57 of the
    22  laws of 2007, is amended to read as follows:
    23    Such result shall be expressed as a decimal carried  to  three  places
    24  without  rounding,  but  shall not be greater than ninety hundredths nor
    25  less than zero, provided, however, that for the purpose of computing the
    26  state sharing ratio for total foundation aid in the two  thousand  twen-
    27  ty-four--two  thousand  twenty-five  school  year  and  thereafter, such
    28  result shall not be greater than ninety-one hundredths.
    29    § 9.  Foundation aid study. 1. The Nelson A.  Rockefeller institute of
    30  government of the state university of New York ("the  institute")  shall
    31  conduct  a  comprehensive  study  of  the  foundation  aid formula ("the
    32  study"). The institute, in consultation with the state education depart-
    33  ment, the division of the budget,  and  any  other  state  agencies  the
    34  institute deems necessary, shall examine, evaluate, and recommend poten-
    35  tial  modifications  to  the  calculation  of foundation aid pursuant to
    36  subdivision 4 of section 3602 of the education law. The institute  shall
    37  contract  with  third  parties  as  necessary to complete the study. The
    38  institute shall gather and consider feedback provided  by  a  broad  and
    39  diverse  range  of  stakeholders, including but not limited to education
    40  organizations, teachers,  parents,  school  administrators,  and  school
    41  boards.  The  institute shall hold at least three public hearings across
    42  the state to gather input from such stakeholders.
    43    2. The results, findings, and recommendations of the  study  shall  be
    44  for study purposes only, shall not be considered binding upon the execu-
    45  tive  or  the  legislature  in  any  manner, and shall not establish the
    46  constitutional minimum cost to provide an opportunity for a sound  basic
    47  education.
    48    3.  The  foundation aid formula, as modified by the recommendations of
    49  the study, shall achieve the following:
    50    (a) be fiscally sustainable for the state, local taxpayers, and school
    51  districts; and
    52    (b) calculate foundation aid payable for all school districts consist-
    53  ently using only the most recent year or  years  of  available  data  on
    54  pupil  counts,  student  needs, district income and property wealth, and
    55  other formula components.

        S. 8306--C                         14                         A. 8806--C
 
     1    4. The study shall evaluate each current component of  the  foundation
     2  aid  formula  and  recommend whether to retain, modify, or eliminate the
     3  component, and may evaluate and recommend new components to add  to  the
     4  formula.  Such evaluation shall consider relevant data and research. The
     5  components  to  be  so evaluated shall include but not be limited to the
     6  following:
     7    (a) the foundation amount of instructional spending per pupil;
     8    (b) the additional weightings for pupil needs, such as  for  free  and
     9  reduced-price  lunch, census poverty, English language learners, sparsi-
    10  ty, and pupils with disabilities;
    11    (c) the adjustment for regional cost differences;
    12    (d) the calculation of school districts' relative wealth;
    13    (e) the expected minimum local contribution toward the adjusted  foun-
    14  dation amount; and
    15    (f)  the  pupil  counts,  such  as public enrollment and average daily
    16  membership.
    17    5. In support of its recommendations, the study  shall  at  a  minimum
    18  examine the following:
    19    (a) New York's overall state and local system of funding public educa-
    20  tion compared to those of other states, including but not limited to the
    21  methodologies and levels of funding;
    22    (b)  the  extent  to  which  the current calculation of the foundation
    23  amount is inconsistent with current  adjustments  for  pupil  needs  and
    24  regional  cost differences and includes costs supported by other non-lo-
    25  cal revenues;
    26    (c) the additional instructional costs associated with addressing  the
    27  needs  of certain groups of students, including whether and how to prop-
    28  erly weight students belonging to multiple such groups;
    29    (d) the extent to which teacher salaries, other professional salaries,
    30  the cost of living, and school  district  spending  per  pupil  vary  by
    31  region;
    32    (e)  the  formula's  adjusted  foundation  amount  compared  to school
    33  districts' actual spending on the costs intended to be supported by such
    34  amount;
    35    (f) the formula's expected  minimum  local  contribution  compared  to
    36  school districts' actual local contribution and fiscal capacity, includ-
    37  ing  but  not limited to property tax levy, unexpended surplus in excess
    38  of the limit established by section 1318 of the real property  tax  law,
    39  and other potential offsets;
    40    (g)  the  extent to which school districts' property tax rates vary by
    41  districts' relative income; and
    42    (h) school districts' overall financial  condition,  including  annual
    43  operating  deficits  or  surpluses  and  accumulated  fund  balances and
    44  reserves.
    45    6. The institute shall submit a report of its findings and recommenda-
    46  tions to the governor, the temporary president of the  senate,  and  the
    47  speaker of the assembly on or before December 1, 2024.
    48    § 10. Intentionally omitted.
    49    §  10-a. Paragraph d-1 of subdivision 14 of section 3602 of the educa-
    50  tion law, as added by section 17-a of part B of chapter 57 of  the  laws
    51  of 2007, is amended to read as follows:
    52    d-1.  For purposes of paragraph d of this subdivision, "selected oper-
    53  ating aid per pupil" shall  mean  the  apportionment  computed  for  the
    54  2006-07  school  year, based on data on file with the commissioner as of
    55  the date upon which an electronic data file was created for the purposes
    56  of compliance with paragraph b  of  subdivision  twenty-one  of  section

        S. 8306--C                         15                         A. 8806--C
 
     1  three hundred five of this chapter on February fifteenth[, as: the prod-
     2  uct of (i) the state sharing ratio calculated pursuant to paragraph g of
     3  subdivision  three  of  this  section and (ii) the sum of $3,900 and the
     4  product  of (a) the lesser of $8,000 or the expense per pupil as defined
     5  in subdivision one of this section minus $3,900 and (b) the  greater  of
     6  the  quotient,  computed  to  four  decimals  without  rounding, of .075
     7  divided by the school district combined wealth ratio calculated pursuant
     8  to paragraph c of subdivision three of this section or 7.5 percent,  but
     9  not  less than $400, and the selected apportionment shall mean the prod-
    10  uct of the district's total aidable pupil units calculated  pursuant  to
    11  subdivision two of this section and the selected operating aid per pupil
    12  as  calculated  pursuant  to  the provisions contained herein], provided
    13  further that for school districts which  reorganize  on  or  after  July
    14  first,  two  thousand  twenty-four,  for purposes of paragraph d of this
    15  subdivision, "selected operating aid per pupil"  shall  mean  the  total
    16  foundation  aid  base, as defined pursuant to paragraph j of subdivision
    17  one of this section, calculated as of the effective date of the reorgan-
    18  ization.
    19    § 11. Subparagraphs 2 and 3 of  paragraph  b  of  subdivision  6-f  of
    20  section  3602  of the education law, as added by section 19 of part H of
    21  chapter 83 of the laws of 2002,  are amended to read as follows:
    22    (2) is a construction emergency project to remediate  emergency  situ-
    23  ations  which  arise  in public school buildings and threaten the health
    24  and/or safety of building occupants, as a result  of  the  unanticipated
    25  discovery  of asbestos or other hazardous substances during construction
    26  work on a school or significant damage caused by a fire, snow storm, ice
    27  storm, excessive rain, high winds, flood or a similar catastrophic event
    28  which results in the necessity for immediate repair[; and/or
    29    (3) if bonded pursuant to paragraph  j  of  subdivision  six  of  this
    30  section,  would  cause  a  city school district in a city having a popu-
    31  lation of less than one  hundred  twenty-five  thousand  inhabitants  to
    32  exceed  ninety-five  percent  of its constitutional debt limit provided,
    33  however, that any debt issued pursuant to paragraph c of section  104.00
    34  of the local finance law shall not be included in such calculation].
    35    § 11-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602
    36  of  the  education  law, as added by chapter 617 of the laws of 2021, is
    37  renumbered subparagraph 11 and a new subparagraph 12 is added to read as
    38  follows:
    39    (12) Notwithstanding any other provision of law to the  contrary,  for
    40  the  purpose  of  computation  of  building aid for construction, recon-
    41  struction or modernizing of no more than one project by  the  Binghamton
    42  city  school  district, multi-year cost allowances for the project shall
    43  be established and utilized two times in  the  first  five-year  period.
    44  Subsequent  multi-year  cost  allowances  shall be established no sooner
    45  than ten years after establishment of the first maximum  cost  allowance
    46  authorized pursuant to this subparagraph.
    47    §  12. The opening paragraph of subdivision 2 of section 3623-a of the
    48  education law, as added by chapter 474 of the laws of 1996,  is  amended
    49  to read as follows:
    50    Allowable transportation capital, debt service and lease expense shall
    51  include  base year expenditures [for:] as described in this subdivision,
    52  net of revenue received with the express purpose of funding such expend-
    53  itures as prescribed by the commissioner, except as  provided  in  para-
    54  graph d of subdivision three of this section.
    55    §  13. Subdivision 3 of section 3623-a of the education law is amended
    56  by adding added a new paragraph d to read as follows:

        S. 8306--C                         16                         A. 8806--C
 
     1    d. (1) For aid payable in the two thousand  twenty-four--two  thousand
     2  twenty-five school year and thereafter, notwithstanding any provision of
     3  law  to the contrary, approved transportation capital, debt service, and
     4  lease expenses for apportionments to school districts under  subdivision
     5  seven  of  section  thirty-six hundred two of this article shall include
     6  the final value of any vouchers paid on behalf  of  a  school  district,
     7  payments, and grants authorized pursuant to section 58-0701 of the envi-
     8  ronmental  conservation law for costs associated with the purchase of or
     9  conversion to zero-emission school buses and supporting infrastructure.
    10    (2) In the case of allowable expenses for transportation capital, debt
    11  service, or leases which  are  related  to  costs  associated  with  the
    12  purchase  of  or conversion to zero-emission school buses and supporting
    13  infrastructure and which are supported in whole or in part by  vouchers,
    14  payments,  or  grants  authorized  under section 58-0701 of the environ-
    15  mental conservation law, such allowable expenses at the  time  in  which
    16  the expense is claimed for aid shall not exceed the sum of (i) the prod-
    17  uct  of  the transportation aid ratio calculated pursuant to subdivision
    18  seven of section thirty-six hundred two of this  article  multiplied  by
    19  allowable  expenses, plus (ii) the final value of any such vouchers paid
    20  on behalf of a school district, payments, and  grants  authorized  under
    21  section 58-0701 of the environmental conservation law.
    22    (3)  The  entity  authorized  to  provide state assistance payments or
    23  grants pursuant to subdivision two of section 58-0703  of  the  environ-
    24  mental  conservation  law  shall  provide  to the commissioner a list of
    25  grants awarded and payments to each school district or vouchers paid  on
    26  behalf  of  a school district for the purchase of or conversion to zero-
    27  emission school buses and supporting infrastructure no  later  than  one
    28  month prior to the end of each calendar year and each school year.  This
    29  list  shall include the type and number of zero-emission school buses to
    30  be funded by these payments or grants, the supporting infrastructure  to
    31  be funded by these payments or grants, the award amounts of each payment
    32  or  grant,  the  direct recipient of each payment or grant, the district
    33  receiving such payment or grant or that benefitted from   such  voucher,
    34  the  date  on  which  the  payment  or grant was received, and any other
    35  information necessary for the calculation of aid pursuant to subdivision
    36  seven of section thirty-six hundred two of this article.
    37    § 13-a. Subdivision 4 of section 3627 of the education law, as amended
    38  by section 18-a of part A of chapter 56 of the laws of 2023, is  amended
    39  to read as follows:
    40    4.  Notwithstanding  any  other  provision of law to the contrary, any
    41  expenditures for transportation provided pursuant to this section in the
    42  two thousand thirteen--two thousand fourteen school year and  thereafter
    43  and  otherwise  eligible  for transportation aid pursuant to subdivision
    44  seven of section thirty-six hundred two of this article shall be consid-
    45  ered approved transportation expenses eligible for  transportation  aid,
    46  provided  further that for the two thousand thirteen--two thousand four-
    47  teen school year such aid shall be limited to eight million one  hundred
    48  thousand dollars and for the two thousand fourteen--two thousand fifteen
    49  school  year  such aid shall be limited to the sum of twelve million six
    50  hundred thousand dollars plus the base amount and for the  two  thousand
    51  fifteen--two  thousand  sixteen  school  year through two thousand eigh-
    52  teen--two thousand nineteen school year such aid shall be limited to the
    53  sum of eighteen million eight hundred fifty thousand  dollars  plus  the
    54  base  amount  and  for  the  two  thousand nineteen--two thousand twenty
    55  school year such aid shall be limited to the  sum  of  nineteen  million
    56  three  hundred  fifty  thousand dollars plus the base amount and for the

        S. 8306--C                         17                         A. 8806--C
 
     1  two thousand twenty--two thousand twenty-one school year such aid  shall
     2  be  limited  to the sum of nineteen million eight hundred fifty thousand
     3  dollars plus the base amount and for the  two  thousand  twenty-two--two
     4  thousand  twenty-three  school year such aid shall be limited to the sum
     5  of twenty-two million three hundred fifty thousand dollars plus the base
     6  amount and for the two thousand twenty-three--two  thousand  twenty-four
     7  school  year  [and  thereafter]  such aid shall be limited to the sum of
     8  twenty-four million eight hundred fifty thousand dollars plus  the  base
     9  amount  and  for  the two thousand twenty-four--two thousand twenty-five
    10  school year and thereafter such aid shall be limited to the sum of twen-
    11  ty-nine million eight hundred  fifty  thousand  dollars  plus  the  base
    12  amount.    For  purposes  of  this  subdivision, "base amount" means the
    13  amount of transportation aid paid to the school  district  for  expendi-
    14  tures  incurred in the two thousand twelve--two thousand thirteen school
    15  year for transportation that would have been eligible for  aid  pursuant
    16  to  this  section  had  this section been in effect in such school year,
    17  except that subdivision six of this section shall be deemed not to  have
    18  been  in  effect.  And  provided  further that the school district shall
    19  continue to annually expend for the transportation described in subdivi-
    20  sion one of this section at least the expenditures  used  for  the  base
    21  amount.
    22    § 13-b. New York state zero-emission school bus resource center. There
    23  shall  be  established  within  the  New  York state energy research and
    24  development authority a center to be known as the "New York state  zero-
    25  emission school bus resource center". Such center shall provide informa-
    26  tion  for  school  districts  regarding  the transition to zero-emission
    27  school buses pursuant to section 3638 of the  education  law  and  shall
    28  serve  as  a  point  of  contact  for questions and concerns from school
    29  districts, including those that may  require  referral  or  consultation
    30  with  other agencies. The New York state energy research and development
    31  authority may partner with other departments  and  agencies  to  produce
    32  guidance  and  instructional  materials, regularly updated as needed, in
    33  response to frequently asked inquiries and issues from school districts.
    34  The New York state energy research and development authority shall main-
    35  tain a dedicated webpage  containing  information  for  the  public  and
    36  school districts regarding the transition to zero-emission school buses,
    37  including  guidance, instructional materials, funding opportunities, and
    38  any other relevant documents or forms, and such  webpage  shall  include
    39  electronic and telephone contact information of the New York state zero-
    40  emission school bus resource center.
    41    §  14.  Paragraph i of subdivision 12 of section 3602 of the education
    42  law, as amended by section 10 of part A of chapter 56  of  the  laws  of
    43  2023, is amended to read as follows:
    44    i.  For  the  two  thousand twenty-one--two thousand twenty-two school
    45  year through the two thousand [twenty-three]  twenty-four--two  thousand
    46  [twenty-four]  twenty-five  school  year,  each school district shall be
    47  entitled to an apportionment equal to the  amount  set  forth  for  such
    48  school  district  as  "ACADEMIC  ENHANCEMENT" under the heading "2020-21
    49  ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
    50  commissioner  in  support of the budget for the two thousand twenty--two
    51  thousand twenty-one school year and entitled "SA202-1", and such  appor-
    52  tionment  shall  be deemed to satisfy the state obligation to provide an
    53  apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
    54  hundred forty-one of this article.

        S. 8306--C                         18                         A. 8806--C
 
     1    §  15.  The opening paragraph of subdivision 16 of section 3602 of the
     2  education law, as amended by section 11 of part A of chapter 56  of  the
     3  laws of 2023, is amended to read as follows:
     4    Each  school  district  shall  be  eligible  to receive a high tax aid
     5  apportionment in the two thousand eight--two thousand nine school  year,
     6  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
     7  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
     8  tax aid apportionment or (ii) the product of the apportionment  received
     9  by  the school district pursuant to this subdivision in the two thousand
    10  seven--two thousand eight school year,  multiplied  by  the  due-minimum
    11  factor,  which shall equal, for districts with an alternate pupil wealth
    12  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
    13  section that is less than two, seventy percent (0.70), and for all other
    14  districts,  fifty percent (0.50). Each school district shall be eligible
    15  to receive a high tax aid apportionment in the  two  thousand  nine--two
    16  thousand  ten  through two thousand twelve--two thousand thirteen school
    17  years in the amount set forth for such school district as "HIGH TAX AID"
    18  under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
    19  listing  produced  by  the commissioner in support of the budget for the
    20  two thousand nine--two thousand ten school year and  entitled  "SA0910".
    21  Each  school district shall be eligible to receive a high tax aid appor-
    22  tionment in the two thousand thirteen--two thousand fourteen through two
    23  thousand [twenty-three] twenty-four--two thousand [twenty-four]  twenty-
    24  five  school  year  equal to the greater of (1) the amount set forth for
    25  such school district as "HIGH TAX AID" under the heading  "2008-09  BASE
    26  YEAR  AIDS"  in  the school aid computer listing produced by the commis-
    27  sioner in support of the budget for the two thousand nine--two  thousand
    28  ten  school  year  and entitled "SA0910" or (2) the amount set forth for
    29  such school district as "HIGH TAX AID" under the heading "2013-14  ESTI-
    30  MATED  AIDS"  in the school aid computer listing produced by the commis-
    31  sioner in support of the executive budget for the  2013-14  fiscal  year
    32  and entitled "BT131-4".
    33    § 16. Paragraph d of subdivision 10 of section 3602-e of the education
    34  law,  as  amended by section 23-c of part A of chapter 56 of the laws of
    35  2021, is amended to read as follows:
    36    d. Notwithstanding any other provision of this section, apportionments
    37  under this section greater than the amounts provided in the two thousand
    38  sixteen--two thousand seventeen  school  year  shall  only  be  used  to
    39  supplement  and  not  supplant  current local expenditures of [state or]
    40  local funds on prekindergarten programs and the number of eligible full-
    41  day four-year-old prekindergarten pupils and  eligible  full-day  three-
    42  year-old  prekindergarten  pupils  in  such  programs from such sources.
    43  Current local expenditures  shall  include  any  local  expenditures  of
    44  [state  or]  local  funds used to supplement or extend services provided
    45  directly or via contract to eligible children enrolled  in  a  universal
    46  prekindergarten program pursuant to this section.
    47    § 17. Subdivision 13 of section 3602-ee of the education law, as added
    48  by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
    49  read as follows:
    50    13. Apportionments under this section shall only be used to supplement
    51  and not supplant current local expenditures of federal[, state] or local
    52  funds  on  pre-kindergarten  programs  and  the  number of slots in such
    53  programs from such sources. Current local expenditures shall include any
    54  local expenditures of federal[, state] or local funds used to supplement
    55  or extend services provided directly or via contract to  eligible  chil-

        S. 8306--C                         19                         A. 8806--C
 
     1  dren  enrolled  in  a  universal  pre-kindergarten  program  pursuant to
     2  section thirty-six hundred two-e of this part.
     3    §  17-a.  1.  The  commissioner  of education is hereby authorized and
     4  directed to conduct a study on the consolidation of all of the  pre-kin-
     5  dergarten  funding  streams  and  to  make  recommendations on potential
     6  modifications to streamline the universal pre-kindergarten funding proc-
     7  ess and programmatic implementation.  The  scope  of  such  study  shall
     8  include, but shall not be limited to:
     9    (a)  barriers  to  consolidation,  including  discrepancies in funding
    10  streams, oversight, and administration;
    11    (b) programmatic differences and methods of alignment; and
    12    (c) differences in payment schedules.
    13    2. The education department shall report its findings,  including  any
    14  recommendations  for  legislative  action  as  it may deem necessary and
    15  appropriate, to the governor, the temporary president of the senate, and
    16  the speaker of the assembly no later than December 1, 2024.
    17    § 18. Subdivision 16 of section  3602-ee  of  the  education  law,  as
    18  amended  by  section  16 of part A of chapter 56 of the laws of 2023, is
    19  amended to read as follows:
    20    16. The authority of the department to administer the universal  full-
    21  day  pre-kindergarten  program shall expire June thirtieth, two thousand
    22  [twenty-four] twenty-five; provided that the program shall continue  and
    23  remain in full effect.
    24    §  19.  Paragraphs  a  and  b of subdivision 16 of section 3641 of the
    25  education law, as added by section 2 of part C of chapter 56 of the laws
    26  of 2014, subparagraph 3 of paragraph b as amended by section 3  of  part
    27  YYY of chapter 59 of the laws of 2017, are amended to read as follows:
    28    a.  Definitions.  The following terms, whenever used or referred to in
    29  this subdivision, unless the context indicates otherwise, shall have the
    30  following meanings:
    31    (1) "Bonds" shall mean general obligation bonds issued pursuant to the
    32  "smart schools bond act of 2014" in accordance with article VII  of  the
    33  New York state constitution and article five of the state finance law.
    34    [(2)  "Smart  schools review board" shall mean a body comprised of the
    35  chancellor of the state university of New  York,  the  director  of  the
    36  budget, and the commissioner, or their respective designees.
    37    (3)]  (2)  "Smart  schools  investment  plan"  shall  mean  a document
    38  prepared by a school district setting forth the smart schools project or
    39  projects to be undertaken with such district's smart schools allocation.
    40    [(4)] (3) "Smart schools project" shall mean a capital project as  set
    41  forth  and  defined  in  subparagraphs  four,  five, six[,] or seven [or
    42  eight] of this paragraph.
    43    [(5)] (4) "Pre-kindergarten  or  transportable  classroom  unit  (TCU)
    44  replacement  project"  shall  mean a capital project which, as a primary
    45  purpose, expands the availability of adequate and  appropriate  instruc-
    46  tional  space  for  pre-kindergarten  or  provides  for the expansion or
    47  construction of adequate and appropriate instructional space to  replace
    48  TCUs.
    49    [(6)]  (5)  "Community  connectivity  project"  shall  mean  a capital
    50  project which, as a primary purpose,  expands  high-speed  broadband  or
    51  wireless  internet connectivity in the local community, including school
    52  buildings and campuses, for  enhanced  educational  opportunity  in  the
    53  state.
    54    [(7)]  (6) "Classroom technology project" shall mean a capital project
    55  to expand high-speed broadband or wireless internet connectivity  solely
    56  for  school  buildings  and  campuses, or to acquire learning technology

        S. 8306--C                         20                         A. 8806--C
 
     1  hardware for schools, classrooms, and student  use,  including  but  not
     2  limited  to  whiteboards,  computer  servers,  desktop computers, laptop
     3  computers, and tablet computers.
     4    [(8)] (7) "School safety and security technology project" shall mean a
     5  capital  project to install high-tech security features in school build-
     6  ings and on school campuses, including but not limited to video surveil-
     7  lance, emergency notification systems and physical access controls,  for
     8  enhanced educational opportunity in the state.
     9    [(9)]  (8) "Selected school aid" shall mean the sum of the amounts set
    10  forth as "FOUNDATION AID", "FULL DAY K  CONVERSION",  "BOCES",  "SPECIAL
    11  SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
    12  TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
    13  SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
    14  "ACADEMIC ENHANCEMENT", "HIGH TAX AID",  and  "SUPPLEMENTAL  PUB  EXCESS
    15  COST"  under  the  heading  "2013-14  BASE  YEAR AIDS" in the school aid
    16  computer listing produced by the commissioner in support of  the  execu-
    17  tive budget proposal for the two thousand fourteen-fifteen school year.
    18    [(10)]  (9)  "Smart  schools  allocation"  shall mean, for each school
    19  district, the product of (i) two billion dollars ($2,000,000,000) multi-
    20  plied by (ii) the quotient of such school district's selected school aid
    21  divided by the total selected school aid to all school districts.
    22    b. Smart schools investment  plans.  (1)  [The  smart  schools  review
    23  board]  Subject  to  the  approval  of  the  director of the budget, the
    24  commissioner shall issue guidelines setting  forth  required  components
    25  and  eligibility  criteria  for  smart  schools  investment  plans to be
    26  submitted by school districts. Such guidelines shall include but not  be
    27  limited  to:  (i)  a  timeline  for  school district submission of smart
    28  schools investment plans; (ii) any requirements for the use of available
    29  state procurement options where applicable; (iii) any limitations on the
    30  amount of a district's smart schools allocation that  may  be  used  for
    31  assets  with  a  short probable life; and (iv) the loan of smart schools
    32  classroom technology pursuant to section  seven  hundred  fifty-five  of
    33  this chapter.
    34    (2)  No  school  district  shall  be entitled to a smart schools grant
    35  until such district shall have submitted a smart schools investment plan
    36  to the [smart  schools  review  board]  department  and  received  [such
    37  board's]  the commissioner's approval of such investment plan. In devel-
    38  oping such investment plan, school districts shall consult with parents,
    39  teachers, students, community members and other stakeholders.
    40    (3) The [smart schools review board]  commissioner  shall  review  all
    41  smart  schools  investment  plans  for  compliance  with all eligibility
    42  criteria and other requirements set forth in the guidelines. The  [smart
    43  schools  review board] commissioner may approve or reject such plans, or
    44  may return such plans to the school district for modifications; provided
    45  that notwithstanding any  inconsistent  provision  of  law,  the  [smart
    46  schools  review  board]  commissioner  shall  approve no such plan first
    47  submitted to the department on or after April  fifteenth,  two  thousand
    48  seventeen, unless such plan calculates the amount of classroom technolo-
    49  gy  to  be  loaned  to  students attending nonpublic schools pursuant to
    50  section seven hundred fifty-five  of  this  chapter  in  a  manner  that
    51  includes  the  amount budgeted by the school district for servers, wire-
    52  less access  points  and  other  portable  connectivity  devices  to  be
    53  acquired  as  part  of a school connectivity project. Upon approval, the
    54  smart schools project or projects described in the investment plan shall
    55  be eligible for smart schools grants. A smart schools  project  included
    56  in  a  school district's smart schools investment plan shall not require

        S. 8306--C                         21                         A. 8806--C
 
     1  separate approval of the commissioner unless it  is  part  of  a  school
     2  construction  project  required  to  be  submitted  for  approval of the
     3  commissioner pursuant to section four  hundred  eight  of  this  chapter
     4  and/or  subdivision  six of section thirty-six hundred two of this arti-
     5  cle. Any department, agency or public authority shall provide the [smart
     6  schools review board] department with any  information  it  requires  to
     7  fulfill its duties pursuant to this subdivision.
     8    (4)  Any  amendments or supplements to a smart schools investment plan
     9  shall be submitted to the [smart schools review  board]  department  for
    10  approval, and shall not take effect until such approval is granted.
    11    § 20. Intentionally omitted.
    12    § 21. Intentionally omitted.
    13    § 22. Intentionally omitted.
    14    § 23. The opening paragraph of section 3609-a of the education law, as
    15  amended  by  section  18 of part A of chapter 56 of the laws of 2023, is
    16  amended to read as follows:
    17    For aid payable in the two thousand seven--two thousand  eight  school
    18  year  through  the two thousand [twenty-three] twenty-four--two thousand
    19  [twenty-four] twenty-five school year, "moneys apportioned"  shall  mean
    20  the  lesser  of  (i)  the  sum  of one hundred percent of the respective
    21  amount set forth for each school district as payable  pursuant  to  this
    22  section in the school aid computer listing for the current year produced
    23  by  the  commissioner in support of the budget which includes the appro-
    24  priation for the general support for public schools for  the  prescribed
    25  payments  and  individualized  payments due prior to April first for the
    26  current year plus the apportionment payable during  the  current  school
    27  year  pursuant  to  subdivision six-a and subdivision fifteen of section
    28  thirty-six hundred two of this part minus any reductions to current year
    29  aids pursuant to subdivision seven of section thirty-six hundred four of
    30  this part or any deduction from apportionment payable pursuant  to  this
    31  chapter  for  collection  of  a  school  district  basic contribution as
    32  defined in subdivision eight of section forty-four hundred one  of  this
    33  chapter,  less  any  grants  provided  pursuant to subparagraph two-a of
    34  paragraph b of subdivision four of section  ninety-two-c  of  the  state
    35  finance  law,  less  any grants provided pursuant to subdivision five of
    36  section ninety-seven-nnnn of the state  finance  law,  less  any  grants
    37  provided  pursuant  to  subdivision twelve of section thirty-six hundred
    38  forty-one of this article, or (ii) the apportionment calculated  by  the
    39  commissioner based on data on file at the time the payment is processed;
    40  provided however, that for the purposes of any payments made pursuant to
    41  this  section  prior  to  the  first business day of June of the current
    42  year, moneys apportioned shall not include any aids payable pursuant  to
    43  subdivisions  six  and  fourteen,  if  applicable, of section thirty-six
    44  hundred two of this part as current year aid for debt  service  on  bond
    45  anticipation  notes and/or bonds first issued in the current year or any
    46  aids payable for full-day kindergarten for the current year pursuant  to
    47  subdivision  nine  of  section  thirty-six hundred two of this part. The
    48  definitions of "base year" and "current year" as set forth  in  subdivi-
    49  sion  one  of section thirty-six hundred two of this part shall apply to
    50  this section. For aid payable in the two thousand  [twenty-three]  twen-
    51  ty-four--two  thousand  [twenty-four] twenty-five school year, reference
    52  to such "school aid computer listing for the current  year"  shall  mean
    53  the printouts entitled ["SA232-4"] "SA242-5".
    54    §  24.  Paragraph  b of subdivision 2 of section 3612 of the education
    55  law, as amended by section 22 of part YYY of chapter 59 of the  laws  of
    56  2019, is amended to read as follows:

        S. 8306--C                         22                         A. 8806--C
 
     1    b. Such grants shall be awarded to school districts, within the limits
     2  of funds appropriated therefor, through a competitive process that takes
     3  into  consideration  the  magnitude  of  any shortage of teachers in the
     4  school district, the number of teachers employed in the school  district
     5  who hold temporary licenses to teach in the public schools of the state,
     6  the  number of provisionally certified teachers, the fiscal capacity and
     7  geographic sparsity of the district, the  number  of  new  teachers  the
     8  school district intends to hire in the coming school year and the number
     9  of summer in the city student internships proposed by an eligible school
    10  district,  if applicable. Grants provided pursuant to this section shall
    11  be used only for the purposes enumerated in this section.  Notwithstand-
    12  ing any other provision of law to the contrary, a city  school  district
    13  in a city having a population of one million or more inhabitants receiv-
    14  ing a grant pursuant to this section may use no more than eighty percent
    15  of  such  grant  funds  for any recruitment, retention and certification
    16  costs associated with transitional certification of  teacher  candidates
    17  for  the  school  years  two  thousand one--two thousand two through two
    18  thousand [twenty-three] twenty-eight--two thousand  [twenty-four]  twen-
    19  ty-nine.
    20    §  25.  Subdivision 6 of section 4402 of the education law, as amended
    21  by section 23 of part YYY of chapter 59 of the laws of 2019, is  amended
    22  to read as follows:
    23    6.  Notwithstanding any other law, rule or regulation to the contrary,
    24  the board of education of a city school district with  a  population  of
    25  one  hundred twenty-five thousand or more inhabitants shall be permitted
    26  to establish  maximum  class  sizes  for  special  classes  for  certain
    27  students  with  disabilities  in  accordance with the provisions of this
    28  subdivision. For the purpose of obtaining relief from any adverse fiscal
    29  impact from under-utilization of special education resources due to  low
    30  student  attendance  in  special  education  classes  at  the middle and
    31  secondary level as determined by the commissioner, such boards of educa-
    32  tion shall, during the school years nineteen hundred  ninety-five--nine-
    33  ty-six  through  June thirtieth, two thousand [twenty-four] twenty-five,
    34  be authorized to increase class  sizes  in  special  classes  containing
    35  students  with  disabilities whose age ranges are equivalent to those of
    36  students in middle and secondary schools as defined by the  commissioner
    37  for  purposes  of  this  section  by up to but not to exceed one and two
    38  tenths times the applicable maximum class size specified in  regulations
    39  of  the  commissioner  rounded  up to the nearest whole number, provided
    40  that in a city school district having a population  of  one  million  or
    41  more, classes that have a maximum class size of fifteen may be increased
    42  by  no  more  than  one  student and provided that the projected average
    43  class size shall not exceed the  maximum  specified  in  the  applicable
    44  regulation,  provided  that  such  authorization shall terminate on June
    45  thirtieth, two thousand. Such authorization shall be granted upon filing
    46  of a notice by such a board of education with the  commissioner  stating
    47  the  board's  intention to increase such class sizes and a certification
    48  that the board will conduct  a  study  of  attendance  problems  at  the
    49  secondary  level and will implement a corrective action plan to increase
    50  the rate of attendance of students in such classes to at least the  rate
    51  for students attending regular education classes in secondary schools of
    52  the  district.  Such  corrective  action  plan  shall  be  submitted for
    53  approval by the commissioner by a date during the school year  in  which
    54  such  board  increases class sizes as provided pursuant to this subdivi-
    55  sion to be prescribed by the commissioner. Upon  at  least  thirty  days
    56  notice to the board of education, after conclusion of the school year in

        S. 8306--C                         23                         A. 8806--C
 
     1  which  such  board  increases  class  sizes as provided pursuant to this
     2  subdivision, the commissioner shall  be  authorized  to  terminate  such
     3  authorization  upon  a  finding  that the board has failed to develop or
     4  implement an approved corrective action plan.
     5    §  26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
     6  of 1995, amending the education law and other laws relating to state aid
     7  to school districts and the appropriation of funds for  the  support  of
     8  government,  as  amended  by section 38 of part YYY of chapter 59 of the
     9  laws of 2019, are amended to read as follows:
    10    (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
    11  fourteen,  one hundred fifteen and one hundred sixteen of this act shall
    12  take effect on July 1, 1995; provided, however, that section one hundred
    13  thirteen of this act shall remain in full force and effect until July 1,
    14  [2024] 2025 at which time it shall be deemed repealed;
    15    (24) sections one hundred eighteen through one hundred thirty of  this
    16  act  shall  be deemed to have been in full force and effect on and after
    17  July 1, 1995; provided further, however, that the amendments made pursu-
    18  ant to section one hundred twenty-four of this act shall be deemed to be
    19  repealed on and after July 1, [2024] 2025;
    20    § 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
    21  relating  to funding a program for work force education conducted by the
    22  consortium for worker education in New York city, as amended by  section
    23  20  of  part  A of chapter 56 of the laws of 2023, is amended to read as
    24  follows:
    25    b. Reimbursement for programs approved in accordance with  subdivision
    26  a  of  this section for the reimbursement for the 2018--2019 school year
    27  shall not exceed 59.4 percent of the lesser of such approvable costs per
    28  contact hour or fourteen dollars and ninety-five cents per contact hour,
    29  reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7
    30  percent  of  the  lesser  of  such  approvable costs per contact hour or
    31  fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
    32  2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
    33  such approvable costs per contact hour or sixteen  dollars  and  twenty-
    34  five  cents  per  contact  hour, reimbursement for the 2021--2022 school
    35  year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
    36  costs  per  contact  hour or sixteen dollars and forty cents per contact
    37  hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
    38  percent of the lesser of such  approvable  costs  per  contact  hour  or
    39  sixteen  dollars  and  sixty cents per contact hour, [and] reimbursement
    40  for the 2023--2024 school year shall not  exceed  54.7  percent  of  the
    41  lesser  of  such  approvable costs per contact hour or seventeen dollars
    42  and seventy cents per contact hour, and reimbursement for the 2024--2025
    43  school year shall not exceed 56.6 percent of the lesser of such approva-
    44  ble costs per contact hour or eighteen dollars  and  seventy  cents  per
    45  contact  hour,  and  where  a  contact  hour represents sixty minutes of
    46  instruction services provided to an eligible adult.  Notwithstanding any
    47  other provision of law to the contrary, for the 2018--2019  school  year
    48  such contact hours shall not exceed one million four hundred sixty-three
    49  thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
    50  year  such  contact  hours  shall  not  exceed  one million four hundred
    51  forty-four  thousand  four  hundred  forty-four  (1,444,444);  for   the
    52  2020--2021  school  year such contact hours shall not exceed one million
    53  four hundred six thousand nine hundred twenty-six (1,406,926);  for  the
    54  2021--2022  school  year such contact hours shall not exceed one million
    55  four hundred sixteen thousand one hundred  twenty-two  (1,416,122);  for
    56  the  2022--2023  school  year  such  contact  hours shall not exceed one

        S. 8306--C                         24                         A. 8806--C
 
     1  million four hundred six thousand nine hundred  twenty-six  (1,406,926);
     2  [and] for the 2023--2024 school year such contact hours shall not exceed
     3  one  million  three hundred forty-two thousand nine hundred seventy-five
     4  (1,342,975); and for the 2024--2025 school year such contact hours shall
     5  not  exceed  one million two hundred twenty-eight thousand seven hundred
     6  thirty-three (1,228,733). Notwithstanding any other provision of law  to
     7  the  contrary, the apportionment calculated for the city school district
     8  of the city of New York pursuant to subdivision 11 of  section  3602  of
     9  the education law shall be computed as if such contact hours provided by
    10  the consortium for worker education, not to exceed the contact hours set
    11  forth herein, were eligible for aid in accordance with the provisions of
    12  such subdivision 11 of section 3602 of the education law.
    13    §  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    14  ing a program for work force education conducted by the  consortium  for
    15  worker  education  in New York city, is amended by adding a new subdivi-
    16  sion cc to read as follows:
    17    cc. The provisions of this  subdivision  shall  not  apply  after  the
    18  completion  of payments for the 2024--2025 school year.  Notwithstanding
    19  any inconsistent provisions of law, the commissioner of education  shall
    20  withhold  a  portion  of employment preparation education aid due to the
    21  city school district of the city of New York to support a portion of the
    22  costs of the work force education program. Such moneys shall be credited
    23  to the elementary and secondary education fund-local assistance  account
    24  and shall not exceed thirteen million dollars ($13,000,000).
    25    §  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
    26  ing a program for work force education conducted by the  consortium  for
    27  worker education in New York city, as amended by section 22 of part A of
    28  chapter 56 of the laws of 2023, is amended to read as follows:
    29    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
    30  repealed June 30, [2024] 2025.
    31    § 29-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
    32  tion law, as amended by section 22-a of part A of chapter 56 of the laws
    33  of 2023, is amended to read as follows:
    34    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
    35  sion, for aid payable in the school years two thousand--two thousand one
    36  through two thousand nine--two thousand ten, and two  thousand  eleven--
    37  two thousand twelve through two thousand [twenty-three] twenty-four--two
    38  thousand  [twenty-four]  twenty-five,  the commissioner may set aside an
    39  amount not to exceed two million five hundred thousand dollars from  the
    40  funds  appropriated  for purposes of this subdivision for the purpose of
    41  serving persons twenty-one years of age  or  older  who  have  not  been
    42  enrolled  in any school for the preceding school year, including persons
    43  who have received a high  school  diploma  or  high  school  equivalency
    44  diploma  but  fail  to  demonstrate  basic  educational  competencies as
    45  defined in regulation by the commissioner,  when  measured  by  accepted
    46  standardized tests, and who shall be eligible to attend employment prep-
    47  aration education programs operated pursuant to this subdivision.
    48    §  30. Paragraph (d) of subdivision 1 of section 2856 of the education
    49  law, as amended by section 36-c of part A of chapter 56 of the  laws  of
    50  2021, is amended to read as follows:
    51    (d)  School  districts  shall  be eligible for an annual apportionment
    52  equal to the amount of the supplemental basic tuition  for  the  charter
    53  school  in  the  base year for the expenses incurred in the two thousand
    54  fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
    55  sixteen,  two  thousand sixteen--two thousand seventeen school years and
    56  thereafter. Provided that for expenses  incurred  in  the  two  thousand

        S. 8306--C                         25                         A. 8806--C
 
     1  twenty--two  thousand twenty-one school year, for a city school district
     2  in a city having a population of one million or more, the annual  appor-
     3  tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
     4  upon  certification by the director of the budget of the availability of
     5  a grant in the same amount from  the  elementary  and  secondary  school
     6  emergency  relief funds provided through the American rescue plan act of
     7  2021 (P.L. 117-2).  Provided further that for expenses incurred  in  the
     8  two  thousand  twenty-three--two thousand twenty-four school year, for a
     9  city school district in a city having a population  of  one  million  or
    10  more,  the  annual apportionment shall be reduced by thirty-five million
    11  dollars ($35,000,000) upon certification by the director of  the  budget
    12  of  the  availability  of a grant in the same amount from the elementary
    13  and secondary school emergency relief funds provided through the  Ameri-
    14  can rescue plan act of 2021 (P.L.  117-2).
    15    §  31. Paragraph (c) of subdivision 1 of section 2856 of the education
    16  law, as amended by section 36-d of part A of chapter 56 of the  laws  of
    17  2021, is amended to read as follows:
    18    (c)  School  districts  shall  be eligible for an annual apportionment
    19  equal to the amount of the supplemental basic tuition  for  the  charter
    20  school  in  the  base year for the expenses incurred in the two thousand
    21  fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
    22  sixteen,  two  thousand sixteen--two thousand seventeen school years and
    23  thereafter. Provided that for expenses  incurred  in  the  two  thousand
    24  twenty--two  thousand twenty-one school year, for a city school district
    25  in a city having a population of one million or more, the annual  appor-
    26  tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
    27  upon certification by the director of the budget of the availability  of
    28  a  grant  in  the  same  amount from the elementary and secondary school
    29  emergency relief funds provided through the American rescue plan act  of
    30  2021  (P.L. 117-2).   Provided further that for expenses incurred in the
    31  two thousand twenty-three--two thousand twenty-four school year,  for  a
    32  city  school  district  in  a city having a population of one million or
    33  more, the annual apportionment shall be reduced by  thirty-five  million
    34  dollars  ($35,000,000)  upon certification by the director of the budget
    35  of the availability of a grant in the same amount  from  the  elementary
    36  and  secondary school emergency relief funds provided through the Ameri-
    37  can rescue plan act of 2021 (P.L. 117-2).
    38    § 32. Subdivision 3 of section 27 of part A of chapter 56 of the  laws
    39  of  2023  directing  the education department to conduct a comprehensive
    40  study of alternative tuition  rate-setting  methodologies  for  approved
    41  providers  operating  school-age  and preschool programs receiving state
    42  funding, is amended to read as follows:
    43    3. The state education department shall  present  its  recommendations
    44  and  analysis to the governor, the director of the division of the budg-
    45  et, the temporary president of the senate, the speaker of the  assembly,
    46  the  chairperson of the senate finance committee, and the chairperson of
    47  the assembly ways and means committee no later than July 1, [2025] 2027.
    48  Adoption of any alternative rate-setting methodologies shall be  subject
    49  to the approval of the director of the division of the budget.
    50    §  32-a. Subdivision b of section 5 of chapter 537 of the laws of 1976
    51  relating to paid, free and reduced price breakfast for  eligible  pupils
    52  in  certain  school  districts,  as amended by section 22-b of part A of
    53  chapter 56 of the laws of 2022, is amended to read as follows:
    54    b. Notwithstanding any monetary limitations  with  respect  to  school
    55  lunch  programs  contained  in  any  law or regulation, for school lunch
    56  meals served in the school year commencing July 1, 2022 and each July  1

        S. 8306--C                         26                         A. 8806--C
 
     1  thereafter, a school food authority shall be eligible for a [lunch meal]
     2  State  subsidy  [of  twenty-five  cents,  which shall include any annual
     3  State subsidy received by such school food  authority  under  any  other
     4  provision  of State law] equal to $0.1901 per free and paid school lunch
     5  meal, and $0.0519 per reduced-price lunch meal,  for  any  school  lunch
     6  meal served by such school food authority; provided that the school food
     7  authority certifies to the Department of Agriculture and Markets through
     8  the application submitted pursuant to subdivision c of this section that
     9  such  food  authority has purchased at least thirty percent of its total
    10  cost of food products for its school lunch service program from New York
    11  state farmers, growers, producers or processors in the preceding  school
    12  year.
    13    § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    14  relating  to certain provisions related to the 1994-95 state operations,
    15  aid to localities, capital projects and debt service budgets, as amended
    16  by section 23 of part A of chapter 56 of the laws of 2022, is amended to
    17  read as follows:
    18    1. Sections one through seventy of this act shall be  deemed  to  have
    19  been  in  full  force  and effect as of April 1, 1994 provided, however,
    20  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    21  through seventy of this act shall expire and be deemed repealed on March
    22  31, 2000; provided, however, that section twenty of this act shall apply
    23  only  to  hearings  commenced  prior  to September 1, 1994, and provided
    24  further that section twenty-six of this act shall expire and  be  deemed
    25  repealed  on  March  31,  1997;  and provided further that sections four
    26  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    27  twenty-one-a of this act shall expire and be deemed  repealed  on  March
    28  31,  1997; and provided further that sections three, fifteen, seventeen,
    29  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
    30  deemed repealed on March 31, [2024] 2029.
    31    §  34.  Section 26 of subpart F of part C of chapter 97 of the laws of
    32  2011 amending the education law relating to census reporting, as amended
    33  by section 46 of part YYY of chapter 59 of the laws of 2019, is  amended
    34  to read as follows:
    35    §  26.  This act shall take effect immediately provided, however, that
    36  the provisions of section three of this act shall expire June 30, [2024]
    37  2029 when upon such date the provisions of such section shall be  deemed
    38  repealed; provided, further that the provisions of sections eight, elev-
    39  en,  twelve,  thirteen  and twenty of this act shall expire July 1, 2014
    40  when upon such date the provisions of  such  sections  shall  be  deemed
    41  repealed.
    42    §  35.  Special  apportionment for salary expenses. 1. Notwithstanding
    43  any other provision of law, upon  application  to  the  commissioner  of
    44  education,  not  sooner  than  the first day of the second full business
    45  week of June 2025 and not later than the last  day  of  the  third  full
    46  business week of June 2025, a school district eligible for an apportion-
    47  ment  pursuant to section 3602 of the education law shall be eligible to
    48  receive an apportionment pursuant to this section, for the  school  year
    49  ending  June  30, 2025, for salary expenses incurred between April 1 and
    50  June 30, 2024 and such apportionment shall not exceed the sum of (a) the
    51  deficit reduction assessment of 1990--1991 as determined by the  commis-
    52  sioner of education, pursuant to paragraph f of subdivision 1 of section
    53  3602  of the education law, as in effect through June 30, 1993, plus (b)
    54  186 percent of such amount for a city school district in a city  with  a
    55  population  in  excess of 1,000,000 inhabitants, plus (c) 209 percent of
    56  such amount for a city school district in a city with  a  population  of

        S. 8306--C                         27                         A. 8806--C
 
     1  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
     2  ing to the latest federal census,  plus  (d)  the  net  gap  elimination
     3  adjustment  for  2010--2011, as determined by the commissioner of educa-
     4  tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
     5  nation  adjustment  for  2011--2012 as determined by the commissioner of
     6  education pursuant to subdivision 17 of section 3602  of  the  education
     7  law,  and provided further that such apportionment shall not exceed such
     8  salary expenses. Such application shall be made by  a  school  district,
     9  after the board of education or trustees have adopted a resolution to do
    10  so and in the case of a city school district in a city with a population
    11  in excess of 125,000 inhabitants, with the approval of the mayor of such
    12  city.
    13    2.  The  claim  for  an  apportionment to be paid to a school district
    14  pursuant to subdivision one of this section shall be  submitted  to  the
    15  commissioner  of  education  on  a form prescribed for such purpose, and
    16  shall be payable upon determination by such commissioner that  the  form
    17  has been submitted as prescribed. Such approved amounts shall be payable
    18  on  the  same  day in September of the school year following the year in
    19  which application was made as funds provided  pursuant  to  subparagraph
    20  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    21  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    22  certified or approved by the commissioner of  education  in  the  manner
    23  prescribed  by  law  from  moneys in the state lottery fund and from the
    24  general fund to the extent that the amount paid  to  a  school  district
    25  pursuant  to  this  section  exceeds the amount, if any, due such school
    26  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    27  section 3609-a of the education law in the  school  year  following  the
    28  year in which application was made.
    29    3.  Notwithstanding  the provisions of section 3609-a of the education
    30  law, an amount equal to the amount paid to a school district pursuant to
    31  subdivisions one and two of this section shall first  be  deducted  from
    32  the  following  payments  due the school district during the school year
    33  following the year in which application was made  pursuant  to  subpara-
    34  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
    35  section 3609-a of the education law in the following order: the  lottery
    36  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
    37  followed by the fixed fall payments payable pursuant to subparagraph (4)
    38  of such paragraph and then followed by the district's  payments  to  the
    39  teachers'  retirement  system pursuant to subparagraph (1) of such para-
    40  graph, and any remainder to be deducted from the individualized payments
    41  due the district pursuant to paragraph b of such  subdivision  shall  be
    42  deducted on a chronological basis starting with the earliest payment due
    43  the district.
    44    §  36. Special apportionment for public pension accruals. 1.  Notwith-
    45  standing any other provision of law, upon application to the commission-
    46  er of education, not later than June 30, 2025, a school district  eligi-
    47  ble  for  an apportionment pursuant to section 3602 of the education law
    48  shall be eligible to receive an apportionment pursuant to this  section,
    49  for  the  school  year ending June 30, 2025 and such apportionment shall
    50  not exceed the  additional  accruals  required  to  be  made  by  school
    51  districts  in the 2004--2005 and 2005--2006 school years associated with
    52  changes for such public pension liabilities. The amount  of  such  addi-
    53  tional  accrual  shall  be certified to the commissioner of education by
    54  the president of the board of education or the trustees or, in the  case
    55  of  a  city  school  district  in  a city with a population in excess of
    56  125,000 inhabitants, the mayor of such city. Such application  shall  be

        S. 8306--C                         28                         A. 8806--C
 
     1  made by a school district, after the board of education or trustees have
     2  adopted  a resolution to do so and in the case of a city school district
     3  in a city with a population in excess of 125,000 inhabitants,  with  the
     4  approval of the mayor of such city.
     5    2.  The  claim  for  an  apportionment to be paid to a school district
     6  pursuant to subdivision one of this section shall be  submitted  to  the
     7  commissioner  of  education  on  a form prescribed for such purpose, and
     8  shall be payable upon determination by such commissioner that  the  form
     9  has been submitted as prescribed. Such approved amounts shall be payable
    10  on  the  same  day in September of the school year following the year in
    11  which application was made as funds provided  pursuant  to  subparagraph
    12  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    13  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    14  certified or approved by the commissioner of  education  in  the  manner
    15  prescribed  by  law  from  moneys in the state lottery fund and from the
    16  general fund to the extent that the amount paid  to  a  school  district
    17  pursuant  to  this  section  exceeds the amount, if any, due such school
    18  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    19  section 3609-a of the education law in the  school  year  following  the
    20  year in which application was made.
    21    3.  Notwithstanding  the provisions of section 3609-a of the education
    22  law, an amount equal to the amount paid to a school district pursuant to
    23  subdivisions one and two of this section shall first  be  deducted  from
    24  the  following  payments  due the school district during the school year
    25  following the year in which application was made  pursuant  to  subpara-
    26  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
    27  section 3609-a of the education law in the following order: the  lottery
    28  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
    29  followed by the fixed fall payments payable pursuant to subparagraph (4)
    30  of such paragraph and then followed by the district's  payments  to  the
    31  teachers'  retirement  system pursuant to subparagraph (1) of such para-
    32  graph, and any remainder to be deducted from the individualized payments
    33  due the district pursuant to paragraph b of such  subdivision  shall  be
    34  deducted on a chronological basis starting with the earliest payment due
    35  the district.
    36    §  36-a. Subdivision a of section 5 of chapter 121 of the laws of 1996
    37  authorizing the Roosevelt union free school district to finance deficits
    38  by the issuance of serial bonds, as amended by section 30-a of part A of
    39  chapter 56 of the laws of 2023, is amended to read as follows:
    40    a. Notwithstanding any other provisions of law,  upon  application  to
    41  the  commissioner of education submitted not sooner than April first and
    42  not later than June thirtieth of the applicable school year, the  Roose-
    43  velt  union  free school district shall be eligible to receive an appor-
    44  tionment pursuant to this chapter for salary expenses, including related
    45  benefits, incurred between April first and June thirtieth of such school
    46  year.  Such apportionment shall not exceed: for the 1996-97 school  year
    47  through   the  [2023-24]  2024-25  school  year,  four  million  dollars
    48  ($4,000,000); for the  [2024-25]  2025-26  school  year,  three  million
    49  dollars ($3,000,000); for the [2025-26] 2026-27 school year, two million
    50  dollars ($2,000,000); for the [2026-27] 2027-28 school year, one million
    51  dollars  ($1,000,000);  and  for the [2027-28] 2028-29 school year, zero
    52  dollars.   Such annual application shall be  made  after  the  board  of
    53  education  has  adopted  a  resolution to do so with the approval of the
    54  commissioner of education.

        S. 8306--C                         29                         A. 8806--C
 
     1    § 37. The amounts specified in this section shall be a set-aside  from
     2  the  state  funds  which  each such district is receiving from the total
     3  foundation aid:
     4    1.  for the development, maintenance or expansion of magnet schools or
     5  magnet school programs for the 2024--2025  school  year.  For  the  city
     6  school  district  of  the city of New York there shall be a set-aside of
     7  foundation aid equal to forty-eight  million  one  hundred  seventy-five
     8  thousand  dollars  ($48,175,000) including five hundred thousand dollars
     9  ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
    10  school   district,   twenty-one  million  twenty-five  thousand  dollars
    11  ($21,025,000); for the Rochester city school district,  fifteen  million
    12  dollars  ($15,000,000);  for the Syracuse city school district, thirteen
    13  million dollars ($13,000,000); for the  Yonkers  city  school  district,
    14  forty-nine  million five hundred thousand dollars ($49,500,000); for the
    15  Newburgh city school district, four million six hundred forty-five thou-
    16  sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
    17  two million four hundred seventy-five thousand dollars ($2,475,000); for
    18  the Mount Vernon city school district, two million dollars ($2,000,000);
    19  for  the New Rochelle city school district, one million four hundred ten
    20  thousand dollars ($1,410,000); for the Schenectady city school district,
    21  one million eight hundred thousand dollars ($1,800,000);  for  the  Port
    22  Chester  city  school  district,  one million one hundred fifty thousand
    23  dollars ($1,150,000); for the White Plains city  school  district,  nine
    24  hundred  thousand  dollars ($900,000); for the Niagara Falls city school
    25  district, six hundred thousand dollars ($600,000); for the  Albany  city
    26  school  district,  three  million  five  hundred  fifty thousand dollars
    27  ($3,550,000); for the Utica city school district,  two  million  dollars
    28  ($2,000,000);  for  the Beacon city school district, five hundred sixty-
    29  six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
    30  district,  four  hundred  thousand  dollars ($400,000); for the Freeport
    31  union free school district, four hundred  thousand  dollars  ($400,000);
    32  for  the  Greenburgh  central  school  district,  three hundred thousand
    33  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
    34  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
    35  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
    36  city school district, four hundred thousand dollars ($400,000).
    37    2.  Notwithstanding any inconsistent provision of law to the contrary,
    38  a school district setting aside such foundation  aid  pursuant  to  this
    39  section  may  use  such  set-aside  funds  for: (a) any instructional or
    40  instructional support costs associated with the operation  of  a  magnet
    41  school;  or (b) any instructional or instructional support costs associ-
    42  ated with implementation of an alternative approach to promote diversity
    43  and/or enhancement of the instructional program and raising of standards
    44  in elementary and secondary schools of school districts having  substan-
    45  tial concentrations of minority students.
    46    3.  The  commissioner of education shall not be authorized to withhold
    47  foundation aid from a school district that used such funds in accordance
    48  with this paragraph, notwithstanding any inconsistency  with  a  request
    49  for  proposals issued by such commissioner for the purpose of attendance
    50  improvement and dropout prevention for the 2024--2025 school  year,  and
    51  for  any city school district in a city having a population of more than
    52  one million,  the  set-aside  for  attendance  improvement  and  dropout
    53  prevention  shall  equal  the amount set aside in the base year. For the
    54  2024--2025 school year, it is further  provided  that  any  city  school
    55  district  in  a  city having a population of more than one million shall
    56  allocate at least one-third of any increase from  base  year  levels  in

        S. 8306--C                         30                         A. 8806--C
 
     1  funds set aside pursuant to the requirements of this section to communi-
     2  ty-based  organizations.  Any increase required pursuant to this section
     3  to community-based organizations must  be  in  addition  to  allocations
     4  provided to community-based organizations in the base year.
     5    4.  For the purpose of teacher support for the 2024--2025 school year:
     6  for the city school district of the city of New York, sixty-two  million
     7  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
     8  school  district,  one  million seven hundred forty-one thousand dollars
     9  ($1,741,000); for the Rochester city school district, one million seven-
    10  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    11  district,   one   million   one  hundred  forty-seven  thousand  dollars
    12  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    13  nine  thousand  dollars ($809,000). All funds made available to a school
    14  district pursuant to this section shall be  distributed  among  teachers
    15  including  prekindergarten teachers and teachers of adult vocational and
    16  academic subjects in accordance with this section and shall be in  addi-
    17  tion  to  salaries heretofore or hereafter negotiated or made available;
    18  provided, however, that all funds distributed pursuant to  this  section
    19  for  the  current year shall be deemed to incorporate all funds distrib-
    20  uted pursuant to former subdivision 27 of section 3602 of the  education
    21  law  for prior years. In school districts where the teachers are repres-
    22  ented by certified or  recognized  employee  organizations,  all  salary
    23  increases  funded  pursuant to this section shall be determined by sepa-
    24  rate collective negotiations conducted pursuant to  the  provisions  and
    25  procedures  of  article 14 of the civil service law, notwithstanding the
    26  existence of a negotiated agreement between  a  school  district  and  a
    27  certified or recognized employee organization.
    28    §  38.  Support  of  public libraries. The moneys appropriated for the
    29  support of public libraries by a chapter of the laws  of  2024  enacting
    30  the  aid  to  localities  budget shall be apportioned for the 2024--2025
    31  state fiscal year in accordance with the  provisions  of  sections  271,
    32  272,  273,  282,  284,  and  285  of the education law as amended by the
    33  provisions of such chapter and the provisions of this section,  provided
    34  that library construction aid pursuant to section 273-a of the education
    35  law  shall  not  be  payable  from the appropriations for the support of
    36  public libraries and provided further that no library, library system or
    37  program, as defined by the commissioner of education, shall receive less
    38  total system or program aid than it received  for  the  year  2001--2002
    39  except as a result of a reduction adjustment necessary to conform to the
    40  appropriations for support of public libraries.
    41    Notwithstanding  any other provision of law to the contrary the moneys
    42  appropriated for the support of public libraries for the year 2024--2025
    43  by a chapter of the laws of 2024 enacting the aid to  localities  budget
    44  shall  fulfill  the state's obligation to provide such aid and, pursuant
    45  to a plan developed by the commissioner of education and approved by the
    46  director of the budget, the aid payable to libraries and library systems
    47  pursuant to such appropriations  shall  be  reduced  proportionately  to
    48  assure  that  the  total amount of aid payable does not exceed the total
    49  appropriations for such purpose.
    50    § 39. Severability. The provisions of this act shall be severable, and
    51  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    52  section  or  part  of  this  act  to any person or circumstance shall be
    53  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    54  judgment shall not necessarily affect, impair or invalidate the applica-
    55  tion of any such clause, sentence, paragraph, subdivision, section, part
    56  of  this  act  or  remainder  thereof,  as the case may be, to any other

        S. 8306--C                         31                         A. 8806--C
 
     1  person or circumstance, but shall be confined in its  operation  to  the
     2  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
     3  directly involved in the controversy in which such judgment  shall  have
     4  been rendered.
     5    §  40.  This act shall take effect immediately, and shall be deemed to
     6  have been in full force and effect on and after April 1, 2024, provided,
     7  however, that:
     8    1. sections one, two, three, four, five, six,  eight,  ten-a,  twelve,
     9  thirteen,  thirteen-a,  fourteen, fifteen, sixteen, seventeen, eighteen,
    10  twenty-three, twenty-four, twenty-five  and  thirty-seven  of  this  act
    11  shall take effect July 1, 2024;
    12    2. section seven of this act shall take effect July 1, 2025;
    13    3.  section  nine  of this act shall take effect immediately and shall
    14  expire and be deemed repealed December 31, 2024;
    15    4. section thirteen-b of this act shall take effect 90 days  after  it
    16  shall  have become a law and shall expire and be deemed repealed July 1,
    17  2035;
    18    5. section seventeen-a of this act shall expire and be deemed repealed
    19  April 1, 2025;
    20    6. the amendments to chapter 756 of the  laws  of  1992,  relating  to
    21  funding a program for work force education conducted by a consortium for
    22  worker  education  in  New  York  City made by sections twenty-seven and
    23  twenty-eight of this act shall not affect the repeal of such chapter and
    24  shall be deemed repealed therewith;
    25    7. the amendments to paragraph (d) of subdivision 1 of section 2856 of
    26  the education law made by section thirty of this act shall be subject to
    27  the expiration and reversion of such subdivision pursuant to subdivision
    28  d of section 27 of chapter 378 of the laws of  2007,  as  amended,  when
    29  upon  such  date  the provisions of section thirty-one of this act shall
    30  take effect; and
    31    8. section thirty-two-a of this act shall take effect immediately  and
    32  shall  be deemed to have been in full force and effect on and after July
    33  1, 2023.
 
    34                                   PART B
 
    35    Section 1. The education law is amended by adding a new section 818 to
    36  read as follows:
    37    § 818. Evidence-based and scientifically based reading instruction. 1.
    38  (a) On or before January first, two thousand  twenty-five,  the  commis-
    39  sioner  shall provide school districts with the instructional best prac-
    40  tices for the teaching of reading to students in prekindergarten through
    41  grade three.  Instructional best practices for the teaching  of  reading
    42  shall  be  evidence-based  and scientifically based, focusing on reading
    43  competency in the  areas  of  phonemic  awareness,  phonics,  vocabulary
    44  development,  reading fluency, comprehension, including background know-
    45  ledge, oral language and writing, oral skill development, and align with
    46  the  department's  culturally  responsive-sustaining  framework.    Such
    47  instructional  best  practices  shall  be  periodically  updated  by the
    48  commissioner where appropriate.
    49    (b) Every school district shall annually review their  curriculum  and
    50  instructional  practices in the subject of reading for students in prek-
    51  indergarten through grade three to ensure that they align with the read-
    52  ing instructional best practices provided by the commissioner, and  that
    53  all  early reading instructional practices and interventions are part of

        S. 8306--C                         32                         A. 8806--C
 
     1  an aligned plan designed to improve student reading outcomes in  prekin-
     2  dergarten through grade three.
     3    2. For the purpose of this section, "evidence-based and scientifically
     4  based",   "phonemic   awareness",  "comprehension",  "reading  fluency",
     5  "vocabulary development", "culturally responsive-sustaining  framework",
     6  and  such  other  terms  necessary to implement this section shall be as
     7  defined by the commissioner in regulations.
     8    3. On or before  September  first,  two  thousand  twenty-five,  every
     9  school  district  shall verify to the commissioner that their curriculum
    10  and instructional practices in the subject of reading in prekindergarten
    11  through grade three align with all of the elements of the  instructional
    12  best practices provided by the commissioner pursuant to this section.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART C
 
    15    Section 1. Section 305 of the education law is amended by adding a new
    16  subdivision 61 to read as follows:
    17    61.  a.  The commissioner shall require each school district to ensure
    18  verification of one of the following from the parent or guardian of each
    19  student or from the student if the student is eighteen years of  age  or
    20  older  or  legally  emancipated,  during  the  school  year in which the
    21  student is a senior enrolled in such school district: (1) completion  of
    22  either the free application for federal student aid for such student or,
    23  if applicable, the Jose Peralta New York State DREAM Act application; or
    24  (2) completion of a waiver form promulgated by the department indicating
    25  that  the parent or guardian or, if the student is eighteen years of age
    26  or older or legally emancipated, the student understands what  the  free
    27  application  for federal student aid or, if applicable, the Jose Peralta
    28  New York State DREAM Act application are and has chosen not to  file  an
    29  application pursuant to the provisions of subparagraph one of this para-
    30  graph.  For  purposes of this subdivision, verification of completion of
    31  either the free application for federal student aid or the Jose  Peralta
    32  New York State DREAM Act application shall not require a parent, guardi-
    33  an, or student to identify which type of application was completed.
    34    b.  On  and  after  July  first, two thousand twenty-five, each school
    35  district shall annually report to the department the following data  for
    36  all seniors enrolled in such school district, aggregated by high school:
    37  (1)  the  total  number  of students that have completed either the free
    38  application for federal student aid or, if applicable, the Jose  Peralta
    39  New  York  State  DREAM  Act application; (2) the number of students who
    40  completed a waiver pursuant to paragraph a of this subdivision; and  (3)
    41  the total number of seniors enrolled.
    42    c.  The  commissioner shall promulgate rules and regulations necessary
    43  to implement this subdivision, including requiring each school  district
    44  to  notify  each  high school senior, no less than two times during each
    45  school year, of the  state-sponsored  scholarships,  financial  aid  and
    46  assistance  available  to  students  attending college or post-secondary
    47  education, and  to  provide  referrals  for  support  or  assistance  to
    48  complete the free application for federal student aid or, if applicable,
    49  the Jose Peralta New York State DREAM Act application.
    50    d.  A  student  shall  not  be  penalized or punished if the student's
    51  parent or guardian or the student, if the student is eighteen  years  of
    52  age  or  older or legally emancipated, does not fulfill the requirements
    53  of this subdivision and this subdivision shall not  affect  a  student's
    54  ability to graduate.

        S. 8306--C                         33                         A. 8806--C
 
     1    §  2.  This  act shall take effect on August 15, 2024. Effective imme-
     2  diately, the addition,  amendment  and/or  repeal of any rule  or  regu-
     3  lation  necessary  for  the  implementation of this act on its effective
     4  date are authorized to be made, including by emergency, and completed on
     5  or before such effective date.
 
     6                                   PART D
 
     7    Section  1. The opening paragraph of paragraph (a) of subdivision 2 of
     8  section 6401 of the education law, as amended by chapter 717 of the laws
     9  of 1981, is amended to read as follows:
    10    Notwithstanding the provisions of any other law, in order  to  qualify
    11  for  state  aid apportionments pursuant to this section, any institution
    12  of higher education must meet  either  the  requirements  set  forth  in
    13  subparagraphs (i) through [(v)] (vi) of this paragraph or, in the alter-
    14  native, the requirements set forth in paragraph (b) of this subdivision:
    15    §  2.  Paragraph (a) of subdivision 2 of section 6401 of the education
    16  law is amended by adding a new subparagraph (vi) to read as follows:
    17    (vi) The institution must have total endowment  assets  of  less  than
    18  seven  hundred  fifty  million dollars ($750,000,000), based on the most
    19  recent academic year data  collected  in  the  Integrated  Postsecondary
    20  Education  Data  System, as required under Title IV of the Higher Educa-
    21  tion Act of  1965,  as  amended,  and  reported  by  the  Department  of
    22  Education's National Center for Education Statistics.
    23    §  3.  Paragraph (b) of subdivision 2 of section 6401 of the education
    24  law is amended by adding a new subparagraph (vi) to read as follows:
    25    (vi) The sponsoring college must have total endowment assets  of  less
    26  than  seven  hundred  fifty million dollars ($750,000,000), based on the
    27  most recent academic year data collected in the Integrated Postsecondary
    28  Education Data System, as required under Title IV of the  Higher  Educa-
    29  tion  Act  of  1965,  as  amended,  and  reported  by  the Department of
    30  Education's National Center for Education Statistics.
    31    § 4. Subdivision 3 of section 6401 of the education law, as amended by
    32  chapter 361 of the laws of 2014, is amended to read as follows:
    33    3. Degree awards. The amount of  such  annual  apportionment  to  each
    34  institution  meeting the requirements of subdivision two of this section
    35  shall be computed by multiplying by not to exceed  six  hundred  dollars
    36  the  number  of  earned associate degrees, by not to exceed one thousand
    37  five hundred dollars the number of earned bachelor's degrees, by not  to
    38  exceed nine hundred fifty dollars the number of earned master's degrees,
    39  and by not to exceed four thousand five hundred fifty dollars the number
    40  of  earned  doctorate  degrees, conferred by such institution during the
    41  twelve-month period next preceding the  annual  period  for  which  such
    42  apportionment  is  made,  provided that there shall be excluded from any
    43  such computation the number of degrees earned by students  with  respect
    44  to whom state aid other than that established by this section or section
    45  sixty-four  hundred  one-a  of  this  article is granted directly to the
    46  institution, and provided further that, except as otherwise provided  in
    47  this  subdivision,  the amount apportioned for an associate degree shall
    48  be awarded only to two year institutions  qualifying  under  subdivision
    49  two  of  this  section.  The regents shall promulgate rules defining and
    50  classifying professional degrees  for  the  purposes  of  this  section.
    51  Institutions  qualifying  for  state  aid  pursuant to the provisions of
    52  paragraph (b) of subdivision two of this section shall, for purposes  of
    53  this subdivision, be deemed to be the institutions which confer degrees.
    54  For  purposes  of  this  subdivision,  a  two-year institution which has

        S. 8306--C                         34                         A. 8806--C
 
     1  received authority to confer  bachelor  degrees  shall  continue  to  be
     2  considered  a  two-year  institution  until such time as it has actually
     3  begun to confer the bachelor's degree. Thereafter,  notwithstanding  any
     4  other provision of law to the contrary, an institution which was former-
     5  ly a two-year institution for the purposes of this section and which was
     6  granted  authority  by  the regents to confer bachelor degrees, (a) such
     7  authority having been granted after the  first  day  of  June,  nineteen
     8  hundred ninety-three, but before the first day of July, nineteen hundred
     9  ninety-three, (b) such authority having been granted after the first day
    10  of  May,  two thousand five, but before the first day of June, two thou-
    11  sand five, (c) such authority having been granted after the first day of
    12  April, two thousand nine, but before the first day of May, two  thousand
    13  nine,  or  (d) such authority having been granted after the first day of
    14  December, two thousand nine, but before the first day  of  January,  two
    15  thousand ten, may elect to continue to receive awards for earned associ-
    16  ate  degrees. Should such institution so elect, it shall not be eligible
    17  during the time of such election to receive awards for earned bachelor's
    18  degrees. Notwithstanding the preceding provisions of  this  subdivision,
    19  in  the event that the total amount of such annual apportionments to all
    20  institutions meeting the requirements of subdivision two of this section
    21  would otherwise exceed the total amount  appropriated  for  unrestricted
    22  aid  to  independent colleges and universities, the annual apportionment
    23  to each such institution shall be reduced proportionally.
    24    § 5. This act shall take effect July 1, 2024.
 
    25                                   PART E
 
    26                            Intentionally Omitted
 
    27                                   PART F
 
    28    Section 1. Section 16 of chapter 260 of the laws of 2011 amending  the
    29  education  law  and the New York state urban development corporation act
    30  relating to establishing components of the NY-SUNY 2020 challenge  grant
    31  program, as amended by section 4 of part DD of chapter 56 of the laws of
    32  2021, is amended to read as follows:
    33    §  16. This act shall take effect July 1, 2011; provided that sections
    34  one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
    35  thirteen  of  this  act  shall expire [13] 16 years after such effective
    36  date when upon such date the provisions of  this  act  shall  be  deemed
    37  repealed;  and  provided  further  that sections fourteen and fifteen of
    38  this act shall expire 5 years after such effective date when  upon  such
    39  date the provisions of this act shall be deemed repealed.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART G
 
    42    Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
    43  amending the social services law relating to restructuring financing for
    44  residential school placements, as amended by section  1  of  part  V  of
    45  chapter 56 of the laws of 2023, is amended to read as follows:
    46    §  3.  This  act shall take effect immediately and shall expire and be
    47  deemed repealed April 1, [2024] 2025; provided however that  the  amend-
    48  ments  to  subdivision 10 of section 153 of the social services law made

        S. 8306--C                         35                         A. 8806--C
 
     1  by section one of this act, shall not  affect  the  expiration  of  such
     2  subdivision and shall be deemed to expire therewith.
     3    §  2.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2024.
 
     5                                   PART H
 
     6    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
     7  section  131-o  of  the  social services law, as amended by section 1 of
     8  part Z of chapter 56 of the  laws  of  2023,  are  amended  to  read  as
     9  follows:
    10    (a)  in  the  case of each individual receiving family care, an amount
    11  equal to at least [$175.00] $181.00 for each month beginning on or after
    12  January first, two thousand [twenty-three] twenty-four.
    13    (b) in the case of each  individual  receiving  residential  care,  an
    14  amount  equal  to at least [$202.00] $208.00 for each month beginning on
    15  or after January first, two thousand [twenty-three] twenty-four.
    16    (c) in the case of  each  individual  receiving  enhanced  residential
    17  care,  an  amount  equal  to  at  least [$241.00] $249.00 for each month
    18  beginning on or after January first, two thousand  [twenty-three]  twen-
    19  ty-four.
    20    (d)  for  the  period  commencing January first, two thousand [twenty-
    21  four] twenty-five, the monthly personal  needs  allowance  shall  be  an
    22  amount  equal  to  the sum of the amounts set forth in subparagraphs one
    23  and two of this paragraph:
    24    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    25  subdivision; and
    26    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    27  the percentage of any  federal  supplemental  security  income  cost  of
    28  living adjustment which becomes effective on or after January first, two
    29  thousand  [twenty-four]  twenty-five,  but  prior to June thirtieth, two
    30  thousand [twenty-four] twenty-five, rounded to the nearest whole dollar.
    31    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    32  section  209 of the social services law, as amended by section 2 of part
    33  Z of chapter 56 of the laws of 2023, are amended to read as follows:
    34    (a) On and after January first, two  thousand  [twenty-three]  twenty-
    35  four,  for  an  eligible individual living alone, [$1,001.00] $1,030.00;
    36  and for an eligible couple living alone, [$1,475.00] $1,519.00.
    37    (b) On and after January first, two  thousand  [twenty-three]  twenty-
    38  four,  for  an  eligible  individual  living with others with or without
    39  in-kind income, [$937.00] $966.00; and for  an  eligible  couple  living
    40  with others with or without in-kind income, [$1,417.00] $1,461.00.
    41    (c)  On  and  after January first, two thousand [twenty-three] twenty-
    42  four, (i) for an eligible individual receiving family care,  [$1,180.48]
    43  $1,209.48 if he or she is receiving such care in the city of New York or
    44  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    45  eligible couple receiving family care in the city of  New  York  or  the
    46  county of Nassau, Suffolk, Westchester or Rockland, two times the amount
    47  set  forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
    48  ble individual receiving such care in any other  county  in  the  state,
    49  [$1,142.48]  $1,171.48;  and  (iv) for an eligible couple receiving such
    50  care in any other county in the state, two times the amount set forth in
    51  subparagraph (iii) of this paragraph.
    52    (d) On and after January first, two  thousand  [twenty-three]  twenty-
    53  four,  (i)  for  an  eligible  individual  receiving  residential  care,
    54  [$1,349.00] $1,378.00 if he or she is receiving such care in the city of

        S. 8306--C                         36                         A. 8806--C
 
     1  New York or the county of Nassau, Suffolk, Westchester or Rockland;  and
     2  (ii)  for  an  eligible couple receiving residential care in the city of
     3  New York or the county of Nassau, Suffolk, Westchester or Rockland,  two
     4  times  the  amount  set  forth in subparagraph (i) of this paragraph; or
     5  (iii) for an eligible individual receiving such care in any other county
     6  in the state, [$1,319.00] $1,348.00; and (iv)  for  an  eligible  couple
     7  receiving  such  care  in  any  other county in the state, two times the
     8  amount set forth in subparagraph (iii) of this paragraph.
     9    (e) On and after January first, two  thousand  [twenty-three]  twenty-
    10  four,  (i)  for  an  eligible  individual receiving enhanced residential
    11  care, [$1,608.00] $1,637.00; and (ii) for an eligible  couple  receiving
    12  enhanced  residential  care,  two times the amount set forth in subpara-
    13  graph (i) of this paragraph.
    14    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    15  vision shall be increased to reflect any increases  in  federal  supple-
    16  mental  security income benefits for individuals or couples which become
    17  effective on or after January first, two thousand [twenty-four]  twenty-
    18  five   but   prior   to   June  thirtieth,  two  thousand  [twenty-four]
    19  twenty-five.
    20    § 3. This act shall take effect December 31, 2024.
 
    21                                   PART I
 
    22                            Intentionally Omitted
 
    23                                   PART J
 
    24    Section 1. Subdivision 1 of section 206-c of the labor law, as amended
    25  by chapter 672 of the laws of 2022, is amended to read as follows:
    26    1. An employer shall provide [reasonable unpaid] paid break time  [or]
    27  for  thirty  minutes,  and permit an employee to use existing paid break
    28  time or meal time for time in excess of thirty minutes,    to  allow  an
    29  employee  to express breast milk for [her] such employee's nursing child
    30  each time such employee has reasonable need to express breast  milk  for
    31  up  to three years following child birth. No employer shall discriminate
    32  in any way against an employee who chooses to express breast milk in the
    33  work place.
    34    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    35  have become a law.
 
    36                                   PART K
 
    37                            Intentionally Omitted
 
    38                                   PART L
 
    39                            Intentionally Omitted
 
    40                                   PART M
 
    41    Section  1.  Section  2 of chapter 25 of the laws of 2020, relating to
    42  providing requirements for sick  leave  and  the  provision  of  certain
    43  employee  benefits  when  such  employee  is  subject  to a mandatory or

        S. 8306--C                         37                         A. 8806--C
 
     1  precautionary order of quarantine  or  isolation  due  to  COVID-19,  is
     2  amended to read as follows:
     3    §  2.  This  act shall take effect immediately and shall expire and be
     4  deemed repealed July 31, 2025.
     5    § 2. This act shall take effect immediately.
 
     6                                   PART N
 
     7    Section 1. Notwithstanding any other provision  of  law,  the  housing
     8  trust  fund  corporation  may  provide, for purposes of the neighborhood
     9  preservation program, a sum not to exceed  $17,633,000  for  the  fiscal
    10  year  ending March 31, 2025. Within this total amount, $250,000 shall be
    11  used for the purpose of entering into a contract with  the  neighborhood
    12  preservation  coalition  to provide technical assistance and services to
    13  companies funded pursuant to article 16 of the private  housing  finance
    14  law.  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 neighborhood preservation program
    19  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
    20  $17,633,000,  such  transfer  to be made from (i) the special account of
    21  the mortgage insurance fund created pursuant to section  2429-b  of  the
    22  public  authorities  law,  in  an amount not to exceed the actual excess
    23  balance in the special account of the mortgage insurance fund, as deter-
    24  mined and certified by the state of New York  mortgage  agency  for  the
    25  fiscal  year  2023-2024  in accordance with section 2429-b of the public
    26  authorities law, if any, and/or (ii) provided that the reserves  in  the
    27  project  pool  insurance  account of the mortgage insurance fund created
    28  pursuant to section 2429-b of the public authorities law are  sufficient
    29  to  attain and maintain the credit rating (as determined by the state of
    30  New York mortgage agency) required to accomplish the  purposes  of  such
    31  account,  the  project  pool insurance account of the mortgage insurance
    32  fund, such transfer to be made as soon as practicable but no later  than
    33  June 30, 2024.
    34    §  2.  Notwithstanding  any  other provision of law, the housing trust
    35  fund corporation may provide, for purposes  of  the  rural  preservation
    36  program, a sum not to exceed $7,557,000 for the fiscal year ending March
    37  31,  2025.  Within  this  total  amount,  $250,000 shall be used for the
    38  purpose of entering into a contract with the rural housing coalition  to
    39  provide  technical  assistance and services to companies funded pursuant
    40  to article 17 of the private housing finance  law.  Notwithstanding  any
    41  other  provision  of  law,  and  subject to the approval of the New York
    42  state director of the budget, the board of directors of the state of New
    43  York mortgage agency shall authorize the transfer to the  housing  trust
    44  fund  corporation,  for the purposes of reimbursing any costs associated
    45  with rural preservation program contracts authorized by this section,  a
    46  total  sum  not  to exceed $7,557,000, such transfer to be made from (i)
    47  the special account of the mortgage insurance fund created  pursuant  to
    48  section 2429-b of the public authorities law, in an amount not to exceed
    49  the  actual excess balance in the special account of the mortgage insur-
    50  ance fund, as determined and certified by the state of New York mortgage
    51  agency for the fiscal year 2023-2024 in accordance with  section  2429-b
    52  of  the  public  authorities  law, if any, and/or (ii) provided that the
    53  reserves in the project pool insurance account of the mortgage insurance
    54  fund created pursuant to section 2429-b of the  public  authorities  law

        S. 8306--C                         38                         A. 8806--C
 
     1  are  sufficient  to attain and maintain the credit rating (as determined
     2  by the state of New York mortgage agency)  required  to  accomplish  the
     3  purposes  of  such  account,  the  project pool insurance account of the
     4  mortgage insurance fund, such transfer to be made as soon as practicable
     5  but no later than June 30, 2024.
     6    §  3.  Notwithstanding  any  other provision of law, the housing trust
     7  fund corporation may provide, for purposes of the rural  rental  assist-
     8  ance  program  pursuant  to  article 17-A of the private housing finance
     9  law, a sum not to exceed $23,180,000 for the fiscal  year  ending  March
    10  31,  2025.    Notwithstanding any other provision of law, and subject to
    11  the approval of the New York state director of the budget, the board  of
    12  directors  of  the state of New York mortgage agency shall authorize the
    13  transfer to the housing trust fund  corporation,  for  the  purposes  of
    14  reimbursing  any  costs  associated with rural rental assistance program
    15  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
    16  $23,180,000,  such  transfer  to be made from (i) the special account of
    17  the mortgage insurance fund created pursuant to section  2429-b  of  the
    18  public  authorities  law,  in  an amount not to exceed the actual excess
    19  balance in the special account of the mortgage insurance fund, as deter-
    20  mined and certified by the state of New York  mortgage  agency  for  the
    21  fiscal  year  2023-2024  in accordance with section 2429-b of the public
    22  authorities law, if any, and/or (ii) provided that the reserves  in  the
    23  project  pool  insurance  account of the mortgage insurance fund created
    24  pursuant to section 2429-b of the public authorities law are  sufficient
    25  to  attain and maintain the credit rating, as determined by the state of
    26  New York mortgage agency, required to accomplish the  purposes  of  such
    27  account,  the  project  pool insurance account of the mortgage insurance
    28  fund, such transfer shall be made as soon as practicable  but  no  later
    29  than June 30, 2024.
    30    §  4. Notwithstanding any other provision of law, the homeless housing
    31  and assistance corporation may provide, for purposes  of  the  New  York
    32  state  supportive  housing  program,  the  solutions to end homelessness
    33  program or the operational support for AIDS housing program, or to qual-
    34  ified grantees under such programs, in accordance with the  requirements
    35  of  such  programs,  a sum not to exceed $53,581,000 for the fiscal year
    36  ending March 31, 2025. The homeless housing and  assistance  corporation
    37  may  enter into an agreement with the office of temporary and disability
    38  assistance to administer such sum in accordance with the requirements of
    39  such programs. Notwithstanding any other provision of law,  and  subject
    40  to  the approval of the New York state director of the budget, the board
    41  of directors of the state of New York mortgage  agency  shall  authorize
    42  the transfer to the homeless housing and assistance corporation, a total
    43  sum  not  to  exceed  $53,581,000, such transfer to be made from (i) the
    44  special account of the  mortgage  insurance  fund  created  pursuant  to
    45  section 2429-b of the public authorities law, in an amount not to exceed
    46  the  actual excess balance in the special account of the mortgage insur-
    47  ance fund, as determined and certified by the state of New York mortgage
    48  agency for the fiscal year 2023-2024 in accordance with  section  2429-b
    49  of  the  public  authorities  law, if any, and/or (ii) provided that the
    50  reserves in the project pool insurance account of the mortgage insurance
    51  fund created pursuant to section 2429-b of the  public  authorities  law
    52  are sufficient to attain and maintain the credit rating as determined by
    53  the  state  of  New  York  mortgage  agency,  required to accomplish the
    54  purposes of such account, the project  pool  insurance  account  of  the
    55  mortgage  insurance fund, such transfer shall be made as soon as practi-
    56  cable but no later than March 31, 2025.

        S. 8306--C                         39                         A. 8806--C
 
     1    § 5. This act shall take effect immediately.
 
     2                                   PART O
 
     3    Section  1.  Short  title. This act shall be known and may be cited as
     4  the "heirs property protection and deed theft prevention act of 2024".
     5    § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
     6  amended by adding a new paragraph (h) to read as follows:
     7    (h)  A  prosecution  for  any  felony related to a deed theft or where
     8  there is fraud in connection with a transaction involving real  property
     9  must  be  commenced within five years after the commission of the crime,
    10  or within two years  after  the  facts  constituting  such  offense  are
    11  discovered by the aggrieved party, whichever occurs later.
    12    §  3.  Section  155.00  of  the penal law is amended by adding six new
    13  subdivisions 11, 12, 13, 14, 15 and 16 to read as follows:
    14    11. "Residential real property" or any derivative word  thereof  shall
    15  have  the same meaning as defined in subdivision three of section 187.00
    16  of this part.
    17    12. "Commercial property" or any derivative word thereof shall mean  a
    18  nonresidential  property  used  for  the  buying,  selling  or otherwise
    19  providing of goods or services including hotel services,  or  for  other
    20  lawful business, commercial or manufacturing activities.
    21    13.  "Mixed-use  property"  shall  have the same meaning as defined in
    22  subdivision twenty-two of section four hundred eighty-nine-aaaa  of  the
    23  real property tax law.
    24    14.  "Incompetent"  shall  have the same meaning as defined in section
    25  1-2.9 of the estates, powers and trusts law.
    26    15. "Incapacitated person" shall mean a person who, because of  mental
    27  disability as defined in subdivision three of section 1.03 of the mental
    28  hygiene  law or mental deficiency, is unable to care for their own prop-
    29  erty and/or personal needs, and is likely to suffer  harm  because  such
    30  person  is  unable  to  understand  and appreciate the nature and conse-
    31  quences of not being able to care for  their  property  and/or  personal
    32  needs.
    33    16. "Elderly person" means a person sixty years of age or older.
    34    § 4.  Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi-
    35  sion  2  of  section  155.05 of the penal law, paragraph (f) as added by
    36  chapter 353 of the laws of 2023, are amended and a new paragraph (g)  is
    37  added to read as follows:
    38    (ix)  Perform any other act which would not in itself materially bene-
    39  fit the actor but which is calculated to harm another person  materially
    40  with  respect  to  [his]  such  other person's health, safety, business,
    41  calling, career, financial condition, reputation or  personal  relation-
    42  ships[.];or
    43    (f) By wage theft.
    44    A  person  obtains property by wage theft when [he or she] such person
    45  hires a person to perform services and the person performs such services
    46  and the person does not pay wages, at the minimum wage  rate  and  over-
    47  time,  or promised wage, if greater than the minimum wage rate and over-
    48  time, to said person for work  performed.  In  a  prosecution  for  wage
    49  theft,  for  the  purposes  of venue, it is permissible to aggregate all
    50  nonpayments or underpayments to one person from  one  person,  into  one
    51  larceny  count,  even  if  the  nonpayments or underpayments occurred in
    52  multiple counties. It is also permissible to  aggregate  nonpayments  or
    53  underpayments  from  a  workforce  into  one  larceny count even if such
    54  nonpayments or underpayments occurred in multiple counties[.]; or

        S. 8306--C                         40                         A. 8806--C
 
     1    (g) By deed theft.  A person commits deed theft when such person:
     2    (i)  Intentionally  alters,  falsifies,  forges,  or misrepresents any
     3  written instrument involved in the conveyance or financing of real prop-
     4  erty, such as a residential or commercial deed or title, with the intent
     5  to deceive, defraud, or unlawfully transfer or  encumber  the  ownership
     6  rights or a portion thereof of a residential or commercial property; or
     7    (ii)  with intent to defraud, misrepresents themselves as the owner or
     8  authorized representative of residential or commercial real property  to
     9  induce  others  to  rely  on  such  false information in order to obtain
    10  ownership or possession of such real property; or
    11    (iii) with intent to defraud, takes, obtains, or  transfers  title  or
    12  ownership  of real property by fraud, misrepresentation, forgery, larce-
    13  ny, false pretenses, false promise, or any other fraudulent or deceptive
    14  practice.
    15    § 5. Section 155.35 of the penal law, as amended by chapter 464 of the
    16  laws of 2010, is amended to read as follows:
    17  § 155.35 Grand larceny in the third degree.
    18    A person is guilty of grand larceny in the third degree  when  [he  or
    19  she] such person steals property and:
    20    1. when the value of the property exceeds three thousand dollars, or
    21    2.  the  property is an automated teller machine or the contents of an
    22  automated teller machine[.], or
    23    3. when such person commits deed theft of one commercial real  proper-
    24  ty, regardless of the value.
    25    Grand larceny in the third degree is a class D felony.
    26    § 6. Section 155.40 of the penal law, as amended by chapter 515 of the
    27  laws of 1986, is amended to read as follows:
    28  § 155.40 Grand larceny in the second degree.
    29    A  person  is  guilty  of grand larceny in the second degree when [he]
    30  such person steals property and when:
    31    1. The value of the property exceeds fifty thousand dollars; or
    32    2. The property, regardless of its nature and value,  is  obtained  by
    33  extortion committed by instilling in the victim a fear that the actor or
    34  another  person  will  (a)  cause  physical injury to some person in the
    35  future, or (b) cause damage to property, or (c) use or abuse  [his]  the
    36  actor's  position  as  a public servant by engaging in conduct within or
    37  related to [his] the actor's official duties, or by failing or  refusing
    38  to  perform  an  official  duty, in such manner as to affect some person
    39  adversely[.]; or
    40    3. Such person commits deed theft, regardless of the  value,  of:  (a)
    41  one  residential real property; or (b) one commercial mixed-use property
    42  with at least one residential unit; or (c) two or more commercial  prop-
    43  erties.
    44    Grand larceny in the second degree is a class C felony.
    45    §  7.  Section 155.42 of the penal law, as added by chapter 515 of the
    46  laws of 1986, is amended to read as follows:
    47  § 155.42 Grand larceny in the first degree.
    48    A person is guilty of grand larceny in the first degree when:
    49    1. [he] such person steals property and when the value of the property
    50  exceeds one million dollars[.]; or
    51    2. such person commits deed theft, regardless of  the  value,  of  (a)
    52  residential  real  property  that  is occupied as a home by at least one
    53  person; or (b) residential real property that involves a  home  that  is
    54  owned  by an elderly person, an incompetent, an incapacitated person, or
    55  physically disabled person; or (c) three or more residential real  prop-
    56  erties.

        S. 8306--C                         41                         A. 8806--C
 
     1    Grand larceny in the first degree is a class B felony.
     2    §  8.  Subdivision 3 of section 187.00 of the penal law, as amended by
     3  chapter 507 of the laws of 2009, is amended to read as follows:
     4    3. "Residential real property" means real property  that  is  used  or
     5  occupied,  or  intended to be used or occupied, wholly or partly, as the
     6  home or residence of one or more persons, including real  property  that
     7  is improved by a one-to-four family dwelling, or a residential unit in a
     8  building  including  units  owned  as  condominiums  or on a cooperative
     9  basis, used or occupied, or intended to be used or occupied,  wholly  or
    10  partly,  as  the home or residence of one or more persons, but shall not
    11  refer to unimproved real property upon which such dwellings  are  to  be
    12  constructed.
    13    §  9. Section 63 of the executive law is amended adding a new subdivi-
    14  sion 17 to read as follows:
    15    17. The attorney general may investigate and prosecute every person or
    16  entity charged with the commission of a criminal offense in violation of
    17  the laws of this state applicable to any crime that  affects  the  title
    18  to,  encumbrance  of,  or the possession of real property, including but
    19  not limited to deed theft, larceny, criminal possession of stolen  prop-
    20  erty,  offering  a  false  instrument  for  filing,  falsifying business
    21  records, residential mortgage fraud, or scheme to defraud. In  all  such
    22  proceedings,  the attorney general may appear in person or by the attor-
    23  ney general's deputy before any court of record or any  grand  jury  and
    24  exercise  all  the  powers and perform all the duties in respect of such
    25  actions or proceedings which the district attorney  would  otherwise  be
    26  authorized  or  required to exercise or perform. Nothing herein shall in
    27  any way abrogate, supersede, or interfere  with  the  authority  of  the
    28  district attorney of a county in which an offense occurs to investigate,
    29  initiate and/or prosecute any such crime.
    30    §  10. Section 993 of the real property actions and proceedings law is
    31  amended by adding a new subdivision 12 to read as follows:
    32    12. Prohibition on initiation of a partition  action.    No  partition
    33  action  related  to  an  heirs property may be initiated by a party that
    34  purchased or otherwise acquired their share or  shares  by  means  other
    35  than inheritance, and who did not inherit their share or shares directly
    36  from  a  person who was a co-tenant prior to the property becoming heirs
    37  property or from a co-tenant who was an heir thereto.
    38    § 11. Section 993 of the real property actions and proceedings law  is
    39  amended by adding a new subdivision 13 to read as follows:
    40    13.  Right of first refusal. (a) When a co-tenant receives a bona fide
    41  offer from a non-co-tenant to purchase a share or  shares  of  an  heirs
    42  property  and the co-tenant intends to accept or respond with a counter-
    43  offer, the co-tenants who inherited their share or shares of the proper-
    44  ty, or the co-tenants who are relatives to those co-tenants  who  inher-
    45  ited  their  share  or  shares  of  the property shall have the right to
    46  purchase such shares for the identical price, terms, and  conditions  of
    47  the  offer  or  counteroffer,  with  first priority to any co-tenant who
    48  occupies the property as their primary residence and second priority  to
    49  any co-tenant who otherwise utilizes the property.
    50    (b)  It  shall  be  the duty of the non-co-tenant who made the initial
    51  offer for the share or shares of the property as well as  the  co-tenant
    52  who  received the offer to exercise all due diligence to identify all of
    53  the other co-tenants to the property and notify such co-tenants  of  the
    54  pending  offer.  Such  notice  shall include the names, addresses, phone
    55  numbers and electronic mail addresses of all of  the  other  co-tenants.
    56  Notice  shall  be  made in the same manner as set forth in section three

        S. 8306--C                         42                         A. 8806--C
 
     1  hundred eight of the civil practice law and rules. The other  co-tenants
     2  shall  have  one  hundred eighty days from the date they are notified of
     3  the offer to match such offer.
     4    (c)  In  the  event  that the other co-tenants are not notified of the
     5  offer and the sale is completed, and the offeror did  not  exercise  the
     6  required due diligence to notify the other co-tenants of the heirs prop-
     7  erty,  the  other co-tenants shall have the right to purchase the shares
     8  from the non-relative co-tenant for the price paid by such  non-relative
     9  co-tenant,  plus  any  applicable  interest at a rate of two percent per
    10  annum. Such right shall expire one hundred eighty days after  the  other
    11  co-tenants to the heirs property are made aware of the sale.
    12    §  12. The real property law is amended by adding a new section 424 to
    13  read as follows:
    14    § 424.  Transfer on death deed. 1. Definitions. For  the  purposes  of
    15  this section the following terms shall have the following meanings:
    16    (a)  "Beneficiary"  means a person who receives property in a transfer
    17  on death deed.
    18    (b) "Designated beneficiary" means  a  person  designated  to  receive
    19  property in a transfer on death deed.
    20    (c)   "Joint owner" means an individual who owns property concurrently
    21  with one or more other individuals with a right of  survivorship.    The
    22  term  includes  a joint tenant, owner of community property with a right
    23  of survivorship and tenant by the entirety. The term does not include  a
    24  tenant  in  common  or  owner  of  community property without a right of
    25  survivorship.
    26    (d) "Person" includes a natural person,  an  association,  board,  any
    27  corporation,  whether municipal, stock or non-stock, court, governmental
    28  agency, authority or subdivision, partnership  or  other  firm  and  the
    29  state.
    30    (e)  "Property"  means  an  interest  in real property located in this
    31  state which is transferable on the death of the owner.
    32    (f) "Transfer on death  deed"  means  a  deed  authorized  under  this
    33  section.
    34    (g)  "Transferor"  means  an  individual who makes a transfer on death
    35  deed.
    36    2. Nonexclusivity.  This section does not affect any method of  trans-
    37  ferring property otherwise permitted under the law of this state.
    38    3. Transfer on death deed authorized. An individual may transfer prop-
    39  erty to one or more beneficiaries effective at the transferor's death by
    40  a transfer on death deed.
    41    4. Transfer on death deed revocable. A transfer on death deed is revo-
    42  cable  even  if  the  deed  or  another  instrument  contains a contrary
    43  provision.
    44    5. Transfer on death deed nontestamentary. A transfer on death deed is
    45  nontestamentary.
    46    6. Capacity of transferor. The capacity required to make or  revoke  a
    47  transfer  on  death  deed is the same as the capacity required to make a
    48  will.
    49    7. Requirements. A transfer on death deed:
    50    (a) except as otherwise provided in this  subdivision,  shall  contain
    51  the  essential  elements  and formalities of a properly recordable inter
    52  vivos deed;
    53    (b) shall state that the transfer to the designated beneficiary is  to
    54  occur at the transferor's death;
    55    (c) shall be signed by two witnesses who were present at the same time
    56  and who witnessed the signing of the transfer on death deed;

        S. 8306--C                         43                         A. 8806--C
 
     1    (d) shall be acknowledged before a notary public; and
     2    (e)  shall  be  recorded  before  the transferor's death in the public
     3  records in the county clerk's office of the county where the property is
     4  located in the same manner as any other type of deed.
     5    8. Notice, delivery, acceptance, consideration not required.  A trans-
     6  fer on death deed shall be effective without:
     7    (a)  notice or delivery to or acceptance by the designated beneficiary
     8  during the transferor's life; or
     9    (b) consideration.
    10    9. Revocation by instrument authorized; revocation by act not  permit-
    11  ted.
    12    (a)  Subject to paragraph (b) of this subdivision, an instrument shall
    13  be effective to revoke a recorded transfer on death deed, or any part of
    14  it, only if the instrument:
    15    (1) is one of the following:
    16    (A) a transfer on death deed that revokes the deed or part of the deed
    17  expressly or by inconsistency;
    18    (B)    an  instrument of revocation that expressly revokes the deed or
    19  part of the deed; or
    20    (C) an inter vivos deed that expressly revokes the transfer  on  death
    21  deed or part of the deed; and
    22    (2)  is acknowledged by the transferor after the acknowledgment of the
    23  deed  being  revoked  and  recorded before the transferor's death in the
    24  public records in the county clerk's office of the county where the deed
    25  is recorded.
    26    (b) If a transfer on death deed is made by more than one transferor:
    27    (1)  revocation by a transferor shall not affect the deed  as  to  the
    28  interest of another transferor; and
    29    (2)  a  deed of joint owners shall only be revoked if it is revoked by
    30  all of the living joint owners.
    31    (c)  After a transfer on death deed  is  recorded,  it  shall  not  be
    32  revoked by a revocatory act on the deed.
    33    (d) This section shall not limit the effect of an inter vivos transfer
    34  of the property.
    35    10.  Effect of transfer on death deed during transferor's life. During
    36  a transferor's life, a transfer on death deed shall not:
    37    (a) affect an interest or right of the transferor or any other  owner,
    38  including the right to transfer or encumber the property;
    39    (b) affect an interest or right of a transferee, even if the transfer-
    40  ee has actual or constructive notice of the deed;
    41    (c)  affect an interest or right of a secured or unsecured creditor or
    42  future creditor of the transferor, even if the creditor  has  actual  or
    43  constructive notice of the deed;
    44    (d)  affect  the  transferor's or designated beneficiary's eligibility
    45  for any form of public assistance;
    46    (e) create a legal or equitable interest in favor  of  the  designated
    47  beneficiary; or
    48    (f)  subject  the  property  to claims or process of a creditor of the
    49  designated beneficiary.
    50    11. Effect of transfer on death deed at transferor's death. (a) Except
    51  as otherwise provided in the transfer on death deed, in this section  or
    52  in  any  other section of law which effects nonprobate transfers, on the
    53  death of the transferor, the following rules apply to property  that  is
    54  the  subject  of a transfer on death deed and owned by the transferor at
    55  death:

        S. 8306--C                         44                         A. 8806--C
 
     1    (1) Subject to subparagraph two of this paragraph, the interest in the
     2  property shall be transferred to the designated beneficiary  in  accord-
     3  ance with the deed.
     4    (2)  The  interest  of  a  designated beneficiary is contingent on the
     5  designated beneficiary surviving  the  transferor.  The  interest  of  a
     6  designated beneficiary that fails to survive the transferor lapses.
     7    (3)  Subject to subparagraph four of this paragraph, concurrent inter-
     8  ests shall be transferred to the beneficiaries in  equal  and  undivided
     9  shares with no right of survivorship.
    10    (4)  If the transferor has identified two or more designated benefici-
    11  aries to receive concurrent interests in the property, the share of  one
    12  which  lapses or fails for any reason shall be transferred to the other,
    13  or to the others in proportion to the interest of each in the  remaining
    14  part of the property held concurrently.
    15    (b)  Subject to this chapter, a beneficiary takes the property subject
    16  to all conveyances,  encumbrances,  assignments,  contracts,  mortgages,
    17  liens,  and  other  interests  to  which  the property is subject at the
    18  transferor's death. For purposes of this paragraph and this chapter, the
    19  recording of the transfer on death deed shall be deemed to have occurred
    20  at the transferor's death.
    21    (c) If a transferor is a joint owner and is survived by  one  or  more
    22  other  joint  owners,  the property that is the subject of a transfer on
    23  death deed shall belong to the surviving  joint  owner  or  owners  with
    24  right of survivorship.
    25    (d)  If  a transferor is a joint owner and is the last surviving joint
    26  owner, the transfer on death deed shall be effective.
    27    (e) A transfer on death deed transfers property  without  covenant  or
    28  warranty of title even if the deed contains a contrary provision.
    29    12. Applicability of invalidating and revocatory principles. (a) Noth-
    30  ing  in this section shall limit the application of principles of fraud,
    31  undue influence, duress, mistake,  or  other  invalidating  cause  to  a
    32  transfer of property.
    33    (b)  Divorce,  annulment  or declaration of nullity, or dissolution of
    34  marriage, shall have the same effect on a  transfer  on  death  deed  as
    35  outlined in section 5-1.4 of the estates, powers and trusts law.
    36    13.  Renunciation. A beneficiary may renounce all or part of the bene-
    37  ficiary's interest in the same manner as if the interest was transferred
    38  in a will.
    39    14. Liability for creditor claims and statutory allowances. (a) To the
    40  extent the transferor's probate estate is  insufficient  to  satisfy  an
    41  allowed claim against the estate or a statutory allowance to a surviving
    42  spouse  or  child, the estate may enforce the liability against property
    43  transferred at the transferor's death by a transfer on death deed.
    44    (b) If more than one property is transferred by one or  more  transfer
    45  on death deeds, the liability under paragraph (a) of this subdivision is
    46  apportioned  among  the  properties in proportion to their net values at
    47  the transferor's death.
    48    (c) A proceeding to enforce the liability under this section  must  be
    49  commenced no later than eighteen months after the transferor's death.
    50    15.  Form of transfer on death deed. The following form may be used to
    51  create a transfer on death deed. The other subdivisions of this  section
    52  shall  govern the effect of this, or any other instrument used to create
    53  a transfer on death deed:
 
    54  (front of form)

        S. 8306--C                         45                         A. 8806--C
 
     1  REVOCABLE TRANSFER ON DEATH DEED
 
     2  NOTICE TO OWNER
     3  You  should  carefully  read  all  information on the other side of this
     4  form.  You may want to consult a lawyer before using this form.
     5  This form must be recorded before your death, or it will not  be  effec-
     6  tive.
 
     7  IDENTIFYING INFORMATION
     8  Owner or Owners Making This Deed:
 
 
     9  ____________________________________________________
    10  Printed name                Mailing address
 

    11  ____________________________________________________
    12  Printed name              Mailing address
 
    13  Legal description of the property:
 
 
    14  ____________________________________________________
 
    15  PRIMARY BENEFICIARY
    16  I designate the following beneficiary if the beneficiary survives me.
 
 
    17  ____________________________________________________
    18  Printed name              Mailing address, if available
 
    19  ALTERNATE BENEFICIARY - Optional
    20  If my primary beneficiary does not survive me, I designate the following
    21  alternate beneficiary if that beneficiary survives me.
 
 
    22  ____________________________________________________
    23  Printed name              Mailing address, if available
 
    24  TRANSFER ON DEATH
    25  At  my  death,  I  transfer my interest in the described property to the
    26  beneficiaries as designated above. Before my death, I have the right  to
    27  revoke this deed.

        S. 8306--C                         46                         A. 8806--C
 
     1  SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
 
 
     2  ____________________________________________________
     3  Signature            Date
 
 
     4  ____________________________________________________
     5  Signature            Date
 
     6  SIGNATURE OF WITNESSES
 
 
     7  ____________________________________________________
     8  Signature            Date
 
 
     9  ____________________________________________________
    10  Signature            Date
 

    11  ____________________________________________________
 
    12  NOTARY ACKNOWLEDGMENT
    13  (insert notary acknowledgment for deed here)
 
    14  (back of form)
    15  COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
    16  What does the Transfer on Death (TOD) deed do?
 
    17  When you die, this deed transfers the described property, subject to any
    18  liens  or  mortgages  (or  other  encumbrances)  on the property at your
    19  death.  Probate is not required. The TOD deed has no  effect  until  you
    20  die.  You  can  revoke it at any time. You are also free to transfer the
    21  property to someone else during your lifetime. If you  do  not  own  any
    22  interest in the property when you die, this deed will have no effect.
 
    23  How do I make a TOD deed?

    24  Complete  this form. Have it acknowledged before a notary public. Record
    25  the form in each county where any part of the property is  located.  The
    26  form  has  no  effect unless it is acknowledged and recorded before your
    27  death.
 
    28  Is the "legal description" of the property necessary?

        S. 8306--C                         47                         A. 8806--C
 
     1  Yes.
 
     2  How do I find the "legal description" of the property?
 
     3  This  information  may  be  on  the deed you received when you became an
     4  owner of the property. This information may also  be  available  in  the
     5  county  clerk's  office  of the county where the property is located. If
     6  you are not absolutely sure, consult a lawyer.

     7  Can I change my mind before I record the TOD deed?
 
     8  Yes. If you have not yet recorded the deed and want to change your mind,
     9  simply tear up or otherwise destroy the deed.
 
    10  How do I "record" the TOD deed?
 
    11  Take the completed and acknowledged form to the county clerk's office of
    12  the county where the property is located. Follow the instructions  given
    13  by  the  county  clerk  to  make  the form part of the official property
    14  records. If the property is in more than one county, you  should  record
    15  the deed in each county.
 
    16  Can I later revoke the TOD deed if I change my mind?
 
    17  Yes.  You  can revoke the TOD deed. No one, including the beneficiaries,
    18  can prevent you from revoking the deed.

    19  How do I revoke the TOD deed after it is recorded?
 
    20  There are three ways to revoke a recorded TOD deed:
 
    21  (1) Complete and acknowledge a revocation form and  record  it  in  each
    22  county where the property is located.
 
    23  (2)  Complete  and  acknowledge a new TOD deed that disposes of the same
    24  property and record it in each county where the property is located.
 
    25  (3) Transfer the property to someone else  during  your  lifetime  by  a
    26  recorded  deed  that  expressly revokes the TOD deed. You may not revoke
    27  the TOD deed by will.
 
    28  I am being pressured to complete this form. What should I do?
 
    29  Do not complete this form under pressure.   Seek  help  from  a  trusted
    30  family member, friend, or lawyer.

    31  Do I need to tell the beneficiaries about the TOD deed?
 
    32  No,  but  it  is  recommended. Secrecy can cause later complications and
    33  might make it easier for others to commit fraud.
 
    34  I have other questions about this form. What should I do?
 
    35  This form is designed to fit some but not all situations.  If  you  have
    36  other questions, you are encouraged to consult a lawyer.

        S. 8306--C                         48                         A. 8806--C
 
     1    16.    Form of revocation. The following form may be used to create an
     2  instrument of revocation under this section. The other  subdivisions  of
     3  this  section  shall  govern the effect of this, or any other instrument
     4  used to revoke a transfer on death deed.

     5  (front of form)
     6  REVOCATION OF TRANSFER ON DEATH DEED
 
     7  NOTICE TO OWNER
     8  This  revocation  must  be  recorded  before  you die, or it will not be
     9  effective.  This revocation is effective only as to the interests in the
    10  property of owners who sign this revocation.
 
    11  IDENTIFYING INFORMATION
    12  Owner or Owners of Property Making This Revocation:
 
 
    13  ____________________________________________________
    14  Printed name                Mailing address
 
 
    15  ____________________________________________________
    16  Printed name                Mailing address
 
    17  Legal description of the property:
 
 
    18  ____________________________________________________
 
    19  REVOCATION
    20  I revoke all my previous transfers of this property by transfer on death
    21  deed.
 
    22  SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
 
 
    23  ____________________________________________________
    24  Signature            Date
 
 
    25  ____________________________________________________
    26  Signature            Date
 
    27  SIGNATURE OF WITNESSES

        S. 8306--C                         49                         A. 8806--C
 
     1  ____________________________________________________
     2  Signature            Date
 
 
     3  ____________________________________________________
     4  Signature            Date
 
     5  NOTARY ACKNOWLEDGMENT
     6  (insert notary acknowledgment here)

     7  (back of form)
 
     8  COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
     9  How do I use this form to revoke a Transfer on Death (TOD) deed?
 
    10  Complete  this form. Have it acknowledged before a notary public. Record
    11  the form in the public records in the county clerk's office of the coun-
    12  ty where the property is located. The  form  must  be  acknowledged  and
    13  recorded before your death, or it has no effect.
 
    14  How do I find the "legal description" of the property?
 
    15  This information may be on the TOD deed. It may also be available in the
    16  county  clerk's  office  of the county where the property is located. If
    17  you are not absolutely sure, consult a lawyer.
 
    18  How do I "record" the form?

    19  Take the completed and acknowledged form to the county clerk's office of
    20  the county where the property is located. Follow the instructions  given
    21  by  the  county  clerk  to  make  the form part of the official property
    22  records. If the property is located in more than one county, you  should
    23  record the form in each of those counties.
 
    24  I am being pressured to complete this form. What should I do?
 
    25  Do not complete this form under pressure. Seek help from a trusted fami-
    26  ly member, friend, or lawyer.
 
    27  I have other questions about this form. What should I do?
    28  This  form  is  designed to fit some but not all situations. If you have
    29  other questions, consult a lawyer.
    30    § 13. This act shall take effect on the ninetieth day after  it  shall
    31  have  become  a law, provided that section 424 of the real property law,
    32  as added by section twelve of this act, shall apply to any  transfer  on
    33  death deed made before, on, or after the effective date of this act by a
    34  transferor dying on or after the effective date of this act.
 
    35                                   PART P
 
    36                            Intentionally Omitted

        S. 8306--C                         50                         A. 8806--C
 
     1                                   PART Q
 
     2    Section  1.  Subdivision 3 of section 26 of the multiple dwelling law,
     3  as amended by chapter 748 of the laws of 1961, is  amended  to  read  as
     4  follows:
     5    3.  Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling
     6  or dwellings on a lot shall not exceed 12.0, except [that a]:
     7    a. A fireproof class B dwelling in which six or more passenger  eleva-
     8  tors  are maintained and operated in any city having a local zoning law,
     9  ordinance or resolution restricting districts in such city  to  residen-
    10  tial  use,  may  be  erected  in  accordance with the provisions of such
    11  zoning law, ordinance or resolution, if such class B dwelling is erected
    12  in a district no part of which is restricted by such zoning  law,  ordi-
    13  nance or resolution to residential uses.
    14    b.  In  a city with a population of one million or more, the permitted
    15  floor area ratio (FAR) of any dwelling or dwellings on a lot may  exceed
    16  12.0 provided that:
    17    (1) such city approves any increase in such permitted floor area ratio
    18  (FAR)  in  accordance  with local requirements for public review of land
    19  use actions including, where applicable, such city's  uniform  land  use
    20  review procedure;
    21    (2)  such city designates the lot where such dwelling or dwellings are
    22  located as subject to a program established in the zoning law, ordinance
    23  or resolution of such city that mandates that any new housing on  desig-
    24  nated lots include minimum percentages of permanently affordable housing
    25  equivalent  to  or exceeding the requirements under any mandatory inclu-
    26  sionary housing program;
    27    (3) such dwelling or dwellings are not located on the same zoning  lot
    28  as  a  building occupied in whole or in part for joint living-work quar-
    29  ters for artists pursuant to article seven-B of this chapter, or on  the
    30  same  zoning  lot as a building subject to article seven-C of this chap-
    31  ter;
    32    (4) such dwelling or dwellings are not located within an  area  desig-
    33  nated by such city as a historic district;
    34    (5)  no multiple dwelling with a floor area ratio (FAR) exceeding 12.0
    35  shall be newly constructed on or after the effective date of the chapter
    36  of the laws of two thousand twenty-four that amended this subdivision on
    37  any zoning or tax lot that contains a dwelling or multiple dwelling with
    38  a floor area ratio (FAR) below 12.0 unless  such  dwelling  or  multiple
    39  dwelling  with  a  floor  area  ratio (FAR) below 12.0 complies with the
    40  requirements of section 27-2093.1 of the administrative code of the city
    41  of New York, or any successor law or program relating to the issuance of
    42  certificates of no harassment as defined in such section, in  accordance
    43  with  terms  of  such section or successor law or program, provided that
    44  nothing in this paragraph shall affect the application of  such  section
    45  to any other building; and
    46    (6)  the  owner  of  a  dwelling  or  dwellings that are demolished or
    47  removed to construct a multiple dwelling with a floor area  ratio  (FAR)
    48  exceeding 12.0 shall offer, to each household who occupied such a dwell-
    49  ing  unit  within  the  six months preceding such demolition or removal,
    50  financial compensation equal to one  month's  rent  for  every  year  of
    51  lawful  tenancy  in  such  dwelling unit, not to exceed six months, or a
    52  lease in a comparable unit at a comparable rent in a decent,  safe,  and
    53  sanitary  dwelling  in an area not generally less desirable in regard to
    54  public utilities and public and commercial facilities.

        S. 8306--C                         51                         A. 8806--C
 
     1    c. In a city with a population of  one  million  or  more,  a  general
     2  project plan adopted by the New York state urban development corporation
     3  for  a  project  may  permit a floor area ratio (FAR) of any dwelling or
     4  dwellings on a lot to exceed 12.0 provided that:
     5    (1)  not less than twenty-five percent of any rental dwelling units in
     6  such project, upon  initial  rental  and  upon  each  subsequent  rental
     7  following  a  vacancy,  are affordable to and restricted to occupancy by
     8  individuals or families whose household income does not exceed a weight-
     9  ed average of eighty percent of the area  median  income,  adjusted  for
    10  family  size, at the time such households initially occupy such dwelling
    11  units;
    12    (2) such dwelling or dwellings are not located on the same zoning  lot
    13  as  a  building occupied in whole or in part for joint living-work quar-
    14  ters for artists pursuant to article seven-B of this chapter, or on  the
    15  same  zoning  lot as a building subject to article seven-C of this chap-
    16  ter;
    17    (3) such dwelling or dwellings are not located within an  area  desig-
    18  nated by such city as a historic district;
    19    (4)  no multiple dwelling with a floor area ratio (FAR) exceeding 12.0
    20  shall be newly constructed on or after the effective date of the chapter
    21  of the laws of two thousand twenty-four that amended this subdivision on
    22  any zoning or tax lot that contains a dwelling or multiple dwelling with
    23  a floor area ratio (FAR) below 12.0 unless  such  dwelling  or  multiple
    24  dwelling  with  a  floor  area  ratio (FAR) below 12.0 complies with the
    25  requirements of section 27-2093.1 of the administrative code of the city
    26  of New York, or any successor law or program relating to the issuance of
    27  certificates of no harassment as defined in such section, in  accordance
    28  with  terms  of  such section or successor law or program, provided that
    29  nothing in this paragraph shall affect the application of  such  section
    30  to any other building; and
    31    (5)  the  New  York  state  urban development corporation shall not be
    32  empowered to undertake the  acquisition,  construction,  reconstruction,
    33  rehabilitation  or  improvement  of a project pursuant to this paragraph
    34  unless the New York state urban development corporation finds that there
    35  is a feasible method for the  relocation  of  families  and  individuals
    36  displaced  from  the  project area into decent, safe and sanitary dwell-
    37  ings, which are or will be provided in the  project  area  or  in  other
    38  areas  not  generally  less  desirable in regard to public utilities and
    39  public and commercial facilities, at rents or prices within  the  finan-
    40  cial means of such families or individuals, and reasonably accessible to
    41  their  places  of employment. Insofar as is feasible, the New York state
    42  urban development corporation shall offer housing accommodations to such
    43  families and individuals in residential projects of the New  York  state
    44  urban  development  corporation.  The  New  York state urban development
    45  corporation may render to business and commercial tenants and  to  fami-
    46  lies  or  other persons displaced from the project area, such assistance
    47  as it may deem necessary to enable them to relocate.
    48    § 2. This act shall take effect immediately.
 
    49                                   PART R
 
    50    Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
    51  labor law, as added by section 1 of part FFF of chapter 58 of  the  laws
    52  of 2020, are amended and a new paragraph e is added to read as follows:
    53    c. Money loaned by the public entity that is to be repaid on a contin-
    54  gent basis; [or]

        S. 8306--C                         52                         A. 8806--C
 
     1    d.  Credits that are applied by the public entity against repayment of
     2  obligations to the public entity[.]; or
     3    e. Benefits under section four hundred sixty-seven-m of the real prop-
     4  erty tax law.
     5    §  2.  The  real  property  tax law is amended by adding a new section
     6  467-m to read as follows:
     7    § 467-m. Exemption from local real property taxation of certain multi-
     8  ple dwellings in a city having a population of one million or more.   1.
     9  Definitions.  For  purposes  of  this section, the following terms shall
    10  have the following meanings:
    11    a. "Affordable housing from commercial conversions tax incentive bene-
    12  fits" hereinafter referred to as "AHCC program benefits", shall mean the
    13  exemption from  real  property  taxation  authorized  pursuant  to  this
    14  section.
    15    b.  "Affordability  requirement"  shall  mean that within any eligible
    16  multiple dwelling: (i) not less than twenty-five percent of the dwelling
    17  units are affordable housing units; (ii) not less than five  percent  of
    18  the dwelling units are affordable housing forty percent units; (iii) the
    19  weighted  average  of all income bands for all of the affordable housing
    20  units does not exceed eighty percent of the area median income, adjusted
    21  for family size; (iv) there are no more than three income bands for  all
    22  of  the  affordable housing units; and (v) no income band for affordable
    23  housing units exceeds one hundred percent of  the  area  median  income,
    24  adjusted for family size.
    25    c.  "Affordable housing forty percent unit" shall mean a dwelling unit
    26  that: (i) is situated within the eligible multiple  dwelling  for  which
    27  AHCC program benefits are granted; and (ii) upon initial rental and upon
    28  each  subsequent rental following a vacancy during the restriction peri-
    29  od, is affordable to and restricted to occupancy by individuals or fami-
    30  lies whose household income does not exceed forty percent  of  the  area
    31  median income, adjusted for family size, at the time that such household
    32  initially occupies such dwelling unit.
    33    d.  "Affordable housing unit" shall mean, collectively and individual-
    34  ly: (i) an affordable housing forty percent unit;  and  (ii)  any  other
    35  unit  that  meets  the affordability requirement upon initial rental and
    36  upon each subsequent rental following a vacancy during  the  restriction
    37  period,  and is affordable to and restricted to occupancy by individuals
    38  or families whose household income does  not  exceed  the  income  bands
    39  established in conjunction with such affordability requirement.
    40    e. "Agency" shall mean the New York city department of housing preser-
    41  vation and development.
    42    f. "Application" shall mean an application for AHCC program benefits.
    43    g.  "Building service employee" shall mean any person who is regularly
    44  employed at, and performs work in connection with the  care  or  mainte-
    45  nance  of, an eligible multiple dwelling, including, but not limited to,
    46  a watchman, guard, doorman, building cleaner, porter, handyman, janitor,
    47  gardener, groundskeeper,  elevator  operator  and  starter,  and  window
    48  cleaner,  but  not  including  persons regularly scheduled to work fewer
    49  than eight hours per week at such eligible multiple dwelling.
    50    h. "Commencement date" shall mean, with respect to an eligible conver-
    51  sion, the date upon which a permit is issued by the local department  of
    52  buildings for alterations that require the issuance of a new certificate
    53  of  occupancy,  provided  that  such  alterations constitute an eligible
    54  conversion.
    55    i. "Completion date" shall mean the date upon which the local  depart-
    56  ment of buildings issues the first temporary or permanent certificate of

        S. 8306--C                         53                         A. 8806--C
 
     1  occupancy  covering all residential areas of an eligible multiple dwell-
     2  ing.
     3    j.  "Construction  period"  shall  mean,  with respect to any eligible
     4  multiple dwelling, a period: (i) beginning on the later of the commence-
     5  ment date or three years before the completion date; and (ii) ending  on
     6  the day preceding the completion date.
     7    k.  "Dwelling" or "dwellings" shall have the same meaning as set forth
     8  in subdivision four of section four of the multiple dwelling law.
     9    l. "Eligible conversion" shall mean the conversion of  a  non-residen-
    10  tial  building, except a hotel or other class B multiple dwelling, to an
    11  eligible multiple dwelling.
    12    m. "Eligible multiple dwelling" shall mean a multiple  dwelling  which
    13  was  subject  to an eligible conversion in which: (i) all dwelling units
    14  included in any application are operated as rental housing; (ii) six  or
    15  more  dwelling  units  have been created through an eligible conversion;
    16  (iii) the commencement date is after December thirty-first, two thousand
    17  twenty-two and on or before June thirtieth, two thousand thirty-one; and
    18  (iv) the completion date is on  or  before  December  thirty-first,  two
    19  thousand thirty-nine.
    20    n.  "Fiscal  officer"  shall  mean  the comptroller or other analogous
    21  officer in a city having a population of one million or more.
    22    o. "Floor area" shall mean the horizontal areas of the several floors,
    23  or any portion thereof, of a dwelling or dwellings, and accessory struc-
    24  tures on a lot measured from the exterior faces of  exterior  walls,  or
    25  from the center line of party walls.
    26    p.  "Income  band"  shall mean a percentage of the area median income,
    27  adjusted for family size, that is a multiple of ten percent.
    28    q. "Manhattan prime development area"  shall  mean  any  tax  lot  now
    29  existing  or  hereafter  created which is located entirely south of 96th
    30  street in the borough of Manhattan.
    31    r. "Market unit" shall mean a dwelling unit in  an  eligible  multiple
    32  dwelling other than an affordable housing unit.
    33    s. "Marketing band" shall mean maximum rent amounts ranging from twen-
    34  ty  percent  to thirty percent of the area median income or income band,
    35  respectively, that is applicable to a specific affordable housing unit.
    36    t. "Multiple dwelling" shall have the same meaning  as  set  forth  in
    37  subdivision seven of section four of the multiple dwelling law.
    38    u.  "Non-residential  building" shall mean a structure or portion of a
    39  structure, except a hotel or other class B multiple dwelling, having  at
    40  least  one  floor, a roof and at least three walls enclosing all or most
    41  of the space used in connection with the structure  or  portion  of  the
    42  structure, which has a certificate of occupancy for commercial, manufac-
    43  turing  or other non-residential use for not less than ninety percent of
    44  the aggregate floor area of such structure or portion of such structure,
    45  or other proof of such non-residential use as is acceptable to the agen-
    46  cy.
    47    v. "Non-residential tax lot" shall  mean  a  tax  lot  that  does  not
    48  contain any dwelling units.
    49    w.  "Rent stabilization" shall mean, collectively, the rent stabiliza-
    50  tion law of nineteen hundred sixty-nine, the  rent  stabilization  code,
    51  and the emergency tenant protection act of nineteen seventy-four, all as
    52  in  effect as of the effective date of this section or as amended there-
    53  after, together with any successor statutes  or  regulations  addressing
    54  substantially the same subject matter.
    55    x.  "Residential  tax lot" shall mean a tax lot that contains dwelling
    56  units.

        S. 8306--C                         54                         A. 8806--C
 
     1    y.  "Restriction  period"  shall  mean  a  period  commencing  on  the
     2  completion date and extending in perpetuity, notwithstanding any earlier
     3  termination or revocation of AHCC program benefits.
     4    z.  "Thirty-five  year  benefit   shall mean: (i) for the construction
     5  period, a one hundred percent exemption  from  real  property  taxation,
     6  other than assessments for local improvements; (ii) for the first thirty
     7  years of the restriction period; (A) within the Manhattan prime develop-
     8  ment area, a ninety percent exemption from real property taxation, other
     9  than  assessments for local improvements; and (B) outside of the Manhat-
    10  tan prime development area, a sixty-five  percent  exemption  from  real
    11  property  taxation, other than assessments for local improvements; (iii)
    12  for the thirty-first year of the  restriction  period,  (A)  within  the
    13  Manhattan  prime development area, an eighty percent exemption from real
    14  property taxation, other than assessments for  local  improvements;  and
    15  (B)  outside  of  the  Manhattan prime development area, a fifty percent
    16  exemption from real property taxation, other than assessments for  local
    17  improvements; (iv) for the thirty-second year of the restriction period,
    18  (A)  within  the  Manhattan  prime  development  area, a seventy percent
    19  exemption from real property taxation, other than assessments for  local
    20  improvements; and (B) outside of the Manhattan prime development area, a
    21  forty  percent exemption from real property taxation, other than assess-
    22  ments for local improvements; (v)  for  the  thirty-third  year  of  the
    23  restriction  period,  (A) within the Manhattan prime development area, a
    24  sixty percent exemption from real property taxation, other than  assess-
    25  ments  for  local  improvements;  and (B) outside of the Manhattan prime
    26  development area, a thirty percent exemption from  real  property  taxa-
    27  tion,  other than assessments for local improvements; (vi) for the thir-
    28  ty-fourth year of the restriction period; (A) within the Manhattan prime
    29  development area, a fifty percent exemption from real property taxation,
    30  other than assessments for local improvements; and (B)  outside  of  the
    31  Manhattan  prime  development area, a twenty percent exemption from real
    32  property taxation, other than assessments for  local  improvements;  and
    33  (vii)  for  the  thirty-fifth year of the restriction period, (A) within
    34  the Manhattan prime development area, a  forty  percent  exemption  from
    35  real  property  taxation, other than assessments for local improvements;
    36  and (B) outside of the Manhattan prime development area, a  ten  percent
    37  exemption  from real property taxation, other than assessments for local
    38  improvements.
    39    aa. "Thirty year benefit" shall mean: (i) for the construction period,
    40  a one hundred percent exemption from real property taxation, other  than
    41  assessments for local improvements; (ii) for the first twenty-five years
    42  of  the  restriction  period, (A) within the Manhattan prime development
    43  area, a ninety percent exemption from real property taxation, other than
    44  assessments for local improvements; and (B)  outside  of  the  Manhattan
    45  prime development area, a sixty-five percent exemption from real proper-
    46  ty  taxation,  other  than assessments for local improvements; (iii) for
    47  the twenty-sixth year of the restriction period, (A) within the  Manhat-
    48  tan  prime development area, an eighty percent exemption from real prop-
    49  erty taxation, other than assessments for local  improvements;  and  (B)
    50  outside  of  the  Manhattan  prime  development  area,  a  fifty percent
    51  exemption from real property taxation, other than assessments for  local
    52  improvements;  (iv) for the twenty-seventh year of the restriction peri-
    53  od, (A) within the Manhattan prime development area, a  seventy  percent
    54  exemption  from real property taxation, other than assessments for local
    55  improvements; and (B) outside of the Manhattan prime development area, a
    56  forty percent exemption from real property taxation, other than  assess-

        S. 8306--C                         55                         A. 8806--C
 
     1  ments  for  local  improvements;  (v)  for the twenty-eighth year of the
     2  restriction period, (A) within the Manhattan prime development  area,  a
     3  sixty  percent exemption from real property taxation, other than assess-
     4  ments  for  local  improvements;  and (B) outside of the Manhattan prime
     5  development area, a thirty percent exemption from  real  property  taxa-
     6  tion,  other than assessments for local improvements; (vi) for the twen-
     7  ty-ninth year of the restriction period, (A) within the Manhattan  prime
     8  development area, a fifty percent exemption from real property taxation,
     9  other  than  assessments  for local improvements; and (B) outside of the
    10  Manhattan prime development area, a twenty percent exemption  from  real
    11  property  taxation,  other  than assessments for local improvements; and
    12  (vii) for the thirtieth year of the restriction period, (A)  within  the
    13  Manhattan  prime  development  area, a forty percent exemption from real
    14  property taxation, other than assessments for  local  improvements;  and
    15  (B)  outside  of  the  Manhattan  prime  development area, a ten percent
    16  exemption from real property taxation, other than assessments for  local
    17  improvements.
    18    bb.  "Twenty-five  year  benefit" shall mean: (i) for the construction
    19  period, a one hundred percent exemption  from  real  property  taxation,
    20  other than assessments for local improvements; (ii) for the first twenty
    21  years of the restriction period; (A) within the Manhattan prime develop-
    22  ment area, a ninety percent exemption from real property taxation, other
    23  than  assessments for local improvements; and (B) outside of the Manhat-
    24  tan prime development area, a sixty-five  percent  exemption  from  real
    25  property  taxation, other than assessments for local improvements; (iii)
    26  for the twenty-first year of the  restriction  period,  (A)  within  the
    27  Manhattan  prime development area, an eighty percent exemption from real
    28  property taxation, other than assessments for  local  improvements;  and
    29  (B)  outside  of  the  Manhattan prime development area, a fifty percent
    30  exemption from real property taxation, other than assessments for  local
    31  improvements; (iv) for the twenty-second year of the restriction period,
    32  (A)  within  the  Manhattan  prime  development  area, a seventy percent
    33  exemption from real property taxation, other than assessments for  local
    34  improvements; and (B) outside of the Manhattan prime development area, a
    35  forty  percent exemption from real property taxation, other than assess-
    36  ments for local improvements; (v)  for  the  twenty-third  year  of  the
    37  restriction  period,  (A) within the Manhattan prime development area, a
    38  sixty percent exemption from real property taxation, other than  assess-
    39  ments  for  local  improvements;  and (B) outside of the Manhattan prime
    40  development area, a thirty percent exemption from  real  property  taxa-
    41  tion,  other than assessments for local improvements; (vi) for the twen-
    42  ty-fourth year of the restriction period, (A) within the Manhattan prime
    43  development area, a fifty percent exemption from real property taxation,
    44  other than assessments for local improvements; and (B)  outside  of  the
    45  Manhattan  prime  development area, a twenty percent exemption from real
    46  property taxation, other than assessments for  local  improvements;  and
    47  (vii)  for  the  twenty-fifth year of the restriction period, (A) within
    48  the Manhattan prime development area, a  forty  percent  exemption  from
    49  real  property  taxation, other than assessments for local improvements;
    50  and (B) outside of the Manhattan prime development area, a  ten  percent
    51  exemption  from real property taxation, other than assessments for local
    52  improvements.
    53    2. Benefit. In cities having a population  of  one  million  or  more,
    54  notwithstanding  the  provisions  of any other general, special or local
    55  law to the contrary, a new eligible multiple dwelling, except  a  hotel,
    56  that  complies  with the provisions of this section shall be exempt from

        S. 8306--C                         56                         A. 8806--C

     1  real property taxation, other than assessments for  local  improvements,
     2  in  the  amounts and for the periods specified in this section, provided
     3  that such eligible multiple dwelling is used or held  out  for  use  for
     4  dwelling  purposes.   An eligible multiple dwelling that has a commence-
     5  ment date on or before June thirtieth,  two  thousand  twenty-six  shall
     6  receive  a  thirty-five year benefit; an eligible multiple dwelling that
     7  has a commencement date on or before June thirtieth, two thousand  twen-
     8  ty-eight  shall  receive a thirty year benefit; and an eligible multiple
     9  dwelling that has a commencement date on or before June  thirtieth,  two
    10  thousand thirty-one shall receive a twenty-five year benefit.
    11    3.  Tax payments. In addition to any other amounts payable pursuant to
    12  this section, the owner of any eligible multiple dwelling receiving AHCC
    13  program benefits shall pay, in each tax year in which such AHCC  program
    14  benefits are in effect, all assessments for local improvements.
    15    4.  Limitation on benefits for non-residential space. If the aggregate
    16  floor area of commercial, community facility and accessory use space  in
    17  an  eligible  multiple  dwelling exceeds twelve percent of the aggregate
    18  floor area in such eligible multiple dwelling, any AHCC program benefits
    19  shall be reduced by a percentage equal to such excess.  If  an  eligible
    20  multiple  dwelling  contains  multiple  tax lots, the tax arising out of
    21  such reduction in AHCC program benefits shall first be  apportioned  pro
    22  rata  among any non-residential tax lots. After any such non-residential
    23  tax lots are fully taxable, the remainder of the tax arising out of such
    24  reduction in AHCC program benefits, if any,  shall  be  apportioned  pro
    25  rata  among the remaining residential tax lots. For the purposes of this
    26  section, accessory use space shall not include home occupation space  or
    27  accessory  parking  space  located not more than twenty-three feet above
    28  the curb level.
    29    5. Application of benefit. Based on the certification  of  the  agency
    30  certifying  eligibility  for  AHCC  program  benefits, the department of
    31  finance shall determine the amount of the exemption pursuant to subdivi-
    32  sions two and four of this section and shall apply the exemption to  the
    33  assessed value of the eligible multiple dwelling.
    34    6.  Affordability  requirements.  An  eligible multiple dwelling shall
    35  comply with the affordability requirement  defined  in  paragraph  b  of
    36  subdivision one of this section during the restriction period. An eligi-
    37  ble  multiple dwelling shall also comply with the following requirements
    38  during the restriction period:
    39    a. All affordable housing units in an eligible multiple dwelling shall
    40  share the same common entrances and common areas as rental  market  rate
    41  units  in such eligible multiple dwelling and shall not be isolated to a
    42  specific  floor  or  area  of  an  eligible  multiple  dwelling.  Common
    43  entrances  shall  mean  any means of ingress or egress regularly used by
    44  any resident of a rental dwelling unit in the eligible  multiple  dwell-
    45  ing.
    46    b.  Unless  preempted by the requirements of a federal, state or local
    47  housing program, either: (i) the affordable housing units in an eligible
    48  multiple dwelling shall have a  unit  mix  proportional  to  the  rental
    49  market  units;  or (ii) at least fifty percent of the affordable housing
    50  units in an eligible multiple dwelling shall have two or  more  bedrooms
    51  and  no  more  than  twenty-five percent of the affordable housing units
    52  shall have less than one bedroom.
    53    c. Notwithstanding any provision of rent stabilization to the  contra-
    54  ry:  (i) all affordable housing units shall remain fully subject to rent
    55  stabilization during the restriction period;  and  (ii)  any  affordable
    56  housing  unit  occupied by a tenant that has been approved by the agency

        S. 8306--C                         57                         A. 8806--C
 
     1  prior to the agency's denial of an eligible multiple dwelling's applica-
     2  tion for AHCC program benefits shall remain subject to  rent  stabiliza-
     3  tion until such tenant vacates such affordable housing unit.
     4    d.  All  rent  stabilization  registrations required to be filed shall
     5  contain a designation that specifically  identifies  affordable  housing
     6  units created pursuant to this section as "AHCC program affordable hous-
     7  ing  units"  and  shall  contain an explanation of the requirements that
     8  apply to all such affordable housing units.
     9    e. Failure to comply with the  provisions  of  this  subdivision  that
    10  require  the  creation,  maintenance, rent stabilization compliance, and
    11  occupancy of affordable housing units shall result in revocation of AHCC
    12  program benefits.
    13    f. Nothing in this section shall: (i) prohibit  the  occupancy  of  an
    14  affordable  housing  unit by individuals or families whose income at any
    15  time is less than the maximum percentage of the area  median  income  or
    16  income band, as applicable, adjusted for family size, specified for such
    17  affordable  housing  unit pursuant to this section; or (ii) prohibit the
    18  owner of an eligible multiple  dwelling  from  requiring,  upon  initial
    19  rental  or  upon  any  rental  following a vacancy, the occupancy of any
    20  affordable housing unit by such lower income individuals or families.
    21    g. Following issuance of a temporary certificate of occupancy and upon
    22  each vacancy thereafter, an affordable housing unit  shall  promptly  be
    23  offered  for  rental  by  individuals  or families whose income does not
    24  exceed the maximum percentage of the area median income or income  band,
    25  as  applicable,  adjusted for family size, specified for such affordable
    26  housing unit pursuant to this section and  who  intend  to  occupy  such
    27  affordable  housing unit as their primary residence. An affordable hous-
    28  ing unit shall not be: (i) rented to a corporation, partnership or other
    29  entity; or (ii) held off the market for a period longer than is  reason-
    30  ably necessary to perform repairs needed to make such affordable housing
    31  unit available for occupancy.
    32    h.  An  affordable  housing  unit  shall not be rented on a temporary,
    33  transient or short-term basis.  Every lease and renewal thereof  for  an
    34  affordable  housing unit shall be for a term of one or two years, at the
    35  option of the tenant.
    36    i. An affordable housing unit shall not be converted to cooperative or
    37  condominium ownership.
    38    j. The agency may establish by rule such requirements  as  the  agency
    39  deems  necessary  or  appropriate  for:  (i) the marketing of affordable
    40  housing units, both upon initial occupancy and upon  any  vacancy;  (ii)
    41  monitoring compliance with the provisions of this subdivision; (iii) the
    42  establishment of marketing bands for affordable housing units;
    43    (iv)  identifying the permit or permits required for the determination
    44  of the commencement date under this section; and
    45    (v) specifying the legal instrument by which the  marketing,  afforda-
    46  bility,  rent  stabilization,  permitted rent, and any other requirement
    47  associated with  this  benefit  will  be  recorded  and  enforced.  Such
    48  requirements  may include, but need not be limited to, retaining a moni-
    49  tor approved by the agency and paid for by the  owner  of  the  eligible
    50  multiple dwelling.
    51    k.  Notwithstanding  any  provision of this section to the contrary, a
    52  market unit shall not be subject to rent stabilization  unless,  in  the
    53  absence  of  AHCC  program  benefits,  the unit would be subject to rent
    54  stabilization.
    55    7. Building service employees. a. For the purposes  of  this  subdivi-
    56  sion,  (i) "applicant" shall mean an applicant for AHCC program benefits

        S. 8306--C                         58                         A. 8806--C
 
     1  and/or any successor to  such  applicant;  and  (ii)  "covered  building
     2  service employer" shall mean any applicant and/or any employer of build-
     3  ing  service employees for such applicant including, but not limited to,
     4  a property management company or contractor.
     5    b.  All  building  service  employees employed by the covered building
     6  service employer at the eligible multiple  dwelling  shall  receive  the
     7  applicable  prevailing  wage  for  the  duration  of the benefit period,
     8  regardless of whether such benefits provided pursuant  to  this  section
     9  are revoked or terminated.
    10    c.  The  fiscal officer shall have the power to enforce the provisions
    11  of this subdivision. In enforcing such provisions,  the  fiscal  officer
    12  shall have the power: (i) to investigate or cause an investigation to be
    13  made  to  determine the prevailing wages for building service employees,
    14  and in making such investigation, the fiscal officer  may  utilize  wage
    15  and fringe benefit data from various sources, including, but not limited
    16  to,  data  and  determinations  of  federal, state or other governmental
    17  agencies; provided, however, that the provision of a dwelling unit shall
    18  not be considered wages or a  fringe  benefit;  (ii)  to  institute  and
    19  conduct inspections at the site of the work or elsewhere; (iii) to exam-
    20  ine  the  books,  documents and records pertaining to the wages paid to,
    21  and the hours of work performed by, building service employees; (iv)  to
    22  hold  hearings  and,  in  connection  therewith, to issue subpoenas, the
    23  enforcement of which shall be regulated by the civil  practice  law  and
    24  rules, administer oaths and examine witnesses; (v) to make a classifica-
    25  tion by craft, trade or other generally recognized occupational category
    26  of the building service employees and to determine whether such work has
    27  been performed by the building service employees in such classification;
    28  (vi)  to  require the applicant to file with the fiscal officer a record
    29  of the wages actually paid to the  building  service  employees  and  of
    30  their  hours  of  work; (vii) to delegate any of the foregoing powers to
    31  his or her deputy or other authorized representative; (viii) to  promul-
    32  gate  rules  as  he  or  she  shall  consider  necessary  for the proper
    33  execution of the duties, responsibilities and powers conferred upon  him
    34  or  her  by  the  provisions  of this subdivision; and (ix) to prescribe
    35  appropriate sanctions for failure to comply with the provisions of  this
    36  subdivision.  For each violation of paragraph b of this subdivision, the
    37  fiscal officer may require the payment of  (A)  back  wages  and  fringe
    38  benefits;  (B)  liquidated  damages  up to three times the amount of the
    39  back wages and  fringe  benefits  for  willful  violations;  and/or  (C)
    40  reasonable  attorneys' fees. If the fiscal officer finds that the appli-
    41  cant has failed to comply with the provisions of this subdivision, he or
    42  she shall present evidence of such non-compliance to the agency.
    43    d. Paragraph b of this subdivision shall not be applicable to:  (i) an
    44  eligible multiple dwelling containing less than thirty  dwelling  units;
    45  or  (ii)  an  eligible  multiple  dwelling  whose eligible conversion is
    46  carried out with the substantial assistance of grants, loans  or  subsi-
    47  dies  provided  by  a  federal,  state  or  local governmental agency or
    48  instrumentality pursuant to a program for the development of  affordable
    49  housing.
    50    e.  The  applicant shall submit a sworn affidavit with its application
    51  certifying that it shall ensure compliance with the requirements of this
    52  subdivision or is exempt in accordance with paragraph d of this subdivi-
    53  sion.  Upon the agency's approval of such application, the applicant who
    54  is not exempt in accordance with paragraph d of this  subdivision  shall
    55  submit  annually a sworn affidavit to the fiscal officer certifying that
    56  it shall ensure compliance with the requirements of this subdivision.

        S. 8306--C                         59                         A. 8806--C
 
     1    f. The agency shall annually publish a  list  of  all  eligible  sites
     2  subject  to  the  requirements  of  this  subdivision and the affidavits
     3  required pursuant to paragraph e of this subdivision.
     4    g.  If  a  covered  building  service  employer  has  committed  three
     5  violations of the requirements of paragraph (b) of this subdivision with
     6  respect to the same eligible multiple dwelling within a five-year  peri-
     7  od,  the  agency  may  revoke any benefits associated with such eligible
     8  multiple dwelling under this section. For purposes of this paragraph,  a
     9  "violation" of paragraph (b) of this subdivision shall be deemed a find-
    10  ing  by  the fiscal officer that a covered building service employer has
    11  failed to comply with paragraph (b) of this subdivision and  has  failed
    12  to  cure  the deficiency within three months of such finding.  Provided,
    13  however, that after a second such  violation,  the  applicant  shall  be
    14  notified  that  any  further  violation  may result in the revocation of
    15  benefits under this section and that the fiscal officer shall publish on
    16  its website a list of all applicants with two violations as  defined  in
    17  this  paragraph.  If  benefits  are terminated or revoked for failure to
    18  comply with this subdivision all of the affordable housing  units  shall
    19  remain  subject to rent stabilization and all other requirements of this
    20  section for the duration of the restriction period, regardless of wheth-
    21  er such benefits have been terminated or revoked.
    22    8. Concurrent exemptions or abatements. An eligible multiple  dwelling
    23  receiving  AHCC program benefits shall not receive any exemption from or
    24  abatement of real property taxation under any other law.
    25    9.  Voluntary  renunciation  or   termination.   Notwithstanding   the
    26  provisions  of  any  general,  special  or local law to the contrary, an
    27  owner shall not be entitled to voluntarily renounce  or  terminate  AHCC
    28  program  benefits  unless  the  agency  authorizes  such renunciation or
    29  termination in connection with  the  commencement  of  a  tax  exemption
    30  pursuant  to  the  private  housing  finance law or section four hundred
    31  twenty-c of this title.
    32    10. Termination or revocation. The agency may terminate or revoke AHCC
    33  program benefits for failure to comply with this  section.  All  of  the
    34  affordable  housing units shall remain subject to rent stabilization and
    35  all  other  requirements  of  this  section  for  the  duration  of  the
    36  restriction period, regardless of whether such benefits have been termi-
    37  nated or revoked.
    38    11.  Powers  cumulative.  The  enforcement  provisions of this section
    39  shall not be exclusive, and are in addition to any other  rights,  reme-
    40  dies  or  enforcement  powers set forth in any other law or available at
    41  law or in equity.
    42    12. Multiple tax lots.  If  an  eligible  multiple  dwelling  contains
    43  multiple  tax  lots, an application may be submitted with respect to one
    44  or more of such tax lots. The agency  shall  determine  eligibility  for
    45  AHCC  program benefits based upon the tax lots included in such applica-
    46  tion and benefits for each such  eligible  multiple  dwelling  shall  be
    47  based upon the completion date of each such multiple dwelling.
    48    13.  Applications.  a.  The  application  with respect to any eligible
    49  multiple dwelling shall be filed with the agency  no  earlier  than  the
    50  completion date and not later than one year after the completion date of
    51  such eligible multiple dwelling.
    52    b.  Notwithstanding  the  provisions of any general, special, or local
    53  law to the contrary, the agency may require by rule that applications be
    54  filed electronically.
    55    c. The agency may rely on certification by an  architect  or  engineer
    56  submitted  by  an applicant in connection with the filing of an applica-

        S. 8306--C                         60                         A. 8806--C
 
     1  tion. A false certification by  such  architect  or  engineer  shall  be
     2  deemed  to  be  professional  misconduct  pursuant to section sixty-five
     3  hundred nine of the education law.   Any  architect  or  engineer  found
     4  guilty  of  such  misconduct  under the procedures prescribed in section
     5  sixty-five hundred ten of the education law  shall  be  subject  to  the
     6  penalties  prescribed in section sixty-five hundred eleven of the educa-
     7  tion law and shall thereafter be ineligible to  submit  a  certification
     8  pursuant to this section.
     9    d.  Such application shall also certify that all taxes, water charges,
    10  and sewer rents currently due and owing on the  property  which  is  the
    11  subject of the application have been paid or are currently being paid in
    12  timely  installments pursuant to a written agreement with the department
    13  of finance or other appropriate agency.
    14    14. Filing fee. The agency may require a filing fee of  no  less  than
    15  three thousand dollars per dwelling unit in connection with any applica-
    16  tion, except that the agency may promulgate rules:
    17    a.  imposing  a  lesser  fee  for  an eligible multiple dwelling whose
    18  eligible conversion is carried out with the  substantial  assistance  of
    19  grants, loans or subsidies provided by a federal, state or local govern-
    20  mental  agency or instrumentality pursuant to a program for the develop-
    21  ment of affordable housing; and
    22    b. requiring a  portion  of  the  filing  fee  to  be  paid  upon  the
    23  submission  of the information the agency requires in advance of approv-
    24  ing the commencement of the marketing process for such eligible  conver-
    25  sion.
    26    15.  Multiple  residence.  A  non-residential  building  undergoing an
    27  eligible conversion shall be considered a multiple residence during  the
    28  construction period.
    29    16.  Rules.  Except  as provided in subdivision seven of this section,
    30  the agency shall have the sole authority to enforce  the  provisions  of
    31  this  section  and  may  promulgate rules to carry out the provisions of
    32  this section.
    33    17. Penalties for violations of affordability requirements. a.  On  or
    34  after  the  expiration  date  of  the  benefit provided pursuant to this
    35  section, the agency may impose, after notice and an  opportunity  to  be
    36  heard,  a  penalty for any violation by an eligible multiple dwelling of
    37  the affordability requirements of subdivision six of this section.
    38    b. A penalty imposed under this subdivision shall  be  computed  as  a
    39  percentage  of the capitalized value of all AHCC program benefits on the
    40  eligible multiple dwelling, calculated as of the first year  that  bene-
    41  fits  were granted, not to exceed one thousand percent. The agency shall
    42  establish a schedule and method of calculation of such penalties  pursu-
    43  ant to subdivision sixteen of this section.
    44    c.  A  penalty imposed under this subdivision shall be imposed against
    45  the owner of the eligible multiple dwelling at the  time  the  violation
    46  occurred,  even  if  such  owner  no  longer owns such eligible multiple
    47  dwelling at the time of the agency's determination.
    48    d. A person or entity who fails to pay a penalty imposed  pursuant  to
    49  this  subdivision  shall be guilty of a misdemeanor punishable by impri-
    50  sonment not to exceed six months.
    51    § 3. This act shall take effect immediately.
 
    52                                   PART S
 
    53    Section 1. The multiple dwelling law is amended by adding a new  arti-
    54  cle 7-D to read as follows:

        S. 8306--C                         61                         A. 8806--C
 
     1                                 ARTICLE 7-D
     2      LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS
     3  Section 288. Definitions.
     4          289. Basement and cellar local laws and regulations.
     5          290. Tenant protections in inhabited basement dwelling units and
     6                 inhabited cellar dwelling units.
     7    § 288. Definitions. As used in this article, the following terms shall
     8  have the following meanings:
     9    1.  The  term "community district" shall refer to a community district
    10  as established pursuant to chapter sixty-nine of the New York city char-
    11  ter.
    12    2. The term "inhabited basement dwelling unit" means a basement unlaw-
    13  fully occupied as a residence by one or more tenants on or prior to  the
    14  effective  date  of  this article, provided that such inhabited basement
    15  dwelling unit is located in any of the community districts specified  in
    16  subdivision four of section two hundred eighty-nine of this article;
    17    3. The term "inhabited cellar dwelling unit" means a cellar unlawfully
    18  occupied as a residence by one or more tenants on or prior to the effec-
    19  tive  date of this article, provided that such inhabited cellar dwelling
    20  unit is located in any of the community districts specified in  subdivi-
    21  sion four of section two hundred eighty-nine of this article;
    22    4.  The term "rented" means leased, let, or hired out, with or without
    23  a written agreement; and
    24    5. The term "tenant" means an individual to whom an inhabited basement
    25  dwelling unit or an inhabited cellar dwelling unit is rented.
    26    § 289. Basement and cellar local laws and regulations.    1.  Notwith-
    27  standing  any other provision of this chapter to the contrary, in a city
    28  with a population of one million or more,  the  local  legislative  body
    29  may, by local law, establish a pilot program to address, (a) the legali-
    30  zation  of  specified  inhabited  basement  dwelling units and inhabited
    31  cellar dwelling units in existence prior to the effective date  of  this
    32  article  through  conversion to legal dwelling units, or (b) the conver-
    33  sion of other specified basement and cellar dwelling units in  existence
    34  prior  to  the  effective  date of this article to legal dwelling units,
    35  provided that any such other specified basement and cellar dwelling unit
    36  in existence prior to the effective date of this article is  located  in
    37  any  of  the  community  districts specified in subdivision four of this
    38  section.  The local law authorized by this section,  and  any  rules  or
    39  regulations  promulgated  thereunder,  shall be protective of health and
    40  safety according to standards established in consultation with the  fire
    41  department  of the city of New York, department of buildings, and office
    42  of emergency management. The local law shall further  provide  that  any
    43  application to legalize or convert a basement or cellar dwelling unit to
    44  a  legal  dwelling unit located within a flood hazard area as defined in
    45  section two hundred two of the city building code shall  be  subject  to
    46  additional health and safety standards.
    47    The local law authorized by this section, and any rules or regulations
    48  promulgated  thereunder,  shall  not be subject to environmental review,
    49  including environmental review conducted pursuant to  article  eight  of
    50  the  environmental  conservation law and any state and local regulations
    51  promulgated thereunder.
    52    2. (a) The pilot program established by such local law may provide  to
    53  an  owner  accepted  into the program who converts an inhabited basement
    54  dwelling unit or inhabited cellar dwelling unit  in  accordance  with  a
    55  local law authorized by this article or who otherwise abates the illegal
    56  occupancy  of  an  inhabited  basement dwelling unit or inhabited cellar

        S. 8306--C                         62                         A. 8806--C
 
     1  dwelling unit, (i) freedom from any civil or  administrative  liability,
     2  citations,  fines,  penalties, judgments or any other determinations  of
     3  or prosecution for civil violations of this chapter, other state law  or
     4  local  law  or  rules,  and the zoning resolution of such city, and (ii)
     5  relief from any outstanding civil judgments issued  in  connection  with
     6  any  such  violation  of  such  laws,  rules or zoning resolution issued
     7  before the effective date of this article.
     8    (b) Provided, however, that the provisions of  subparagraphs  (i)  and
     9  (ii) of paragraph (a) of this subdivision shall only apply to violations
    10  of  such  laws,  rules,  or zoning resolution that rendered an inhabited
    11  basement dwelling unit or an  inhabited  cellar  dwelling  unit  illegal
    12  before  the  effective date of this article and the conduct constituting
    13  such violation would not violate the local law adopted pursuant to  this
    14  article.
    15    (c)  Provided,  further  that  such  local  law shall require that all
    16  applications for conversions be filed by a date  certain  subsequent  to
    17  the  effective  date  of this article, provided that such date shall not
    18  exceed five years after the effective date of this article.
    19    3. Such local law may provide that any provision of this chapter shall
    20  not be applicable to provide  for  the  alterations  necessary  for  the
    21  conversion  of a specified inhabited basement dwelling unit or inhabited
    22  cellar dwelling unit or other specified basement or cellar dwelling unit
    23  in existence prior to the effective date into a  lawful  dwelling  unit.
    24  Any  amendment  of the zoning resolution necessary to enact such program
    25  shall be subject to a public hearing at the planning commission of  such
    26  city,  and  approval by such commission and the legislative body of such
    27  local government, provided, however, that it shall not require  environ-
    28  mental  review,  including  environmental  review  conducted pursuant to
    29  article eight of the environmental conservation law and  any  state  and
    30  local  regulations  promulgated  thereunder,  or any additional land use
    31  review.
    32    4. The program established by a local law  enacted  pursuant  to  this
    33  section  shall be applicable only within community districts selected by
    34  the local legislative body from  the  following  list:  Bronx  Community
    35  District  nine;  Bronx  Community District ten; Bronx Community District
    36  eleven; Bronx Community District  twelve;  Brooklyn  Community  District
    37  four; Brooklyn Community District ten; Brooklyn Community District elev-
    38  en;  Brooklyn Community District seventeen; Manhattan Community District
    39  two; Manhattan Community District three;  Manhattan  Community  District
    40  nine;  Manhattan  Community  District  ten; Manhattan Community District
    41  eleven;  Manhattan  Community  District  twelve;  and  Queens  Community
    42  District  two. Prior to the adoption of the local law authorized by this
    43  section, but no later than ninety days after the effective date of  this
    44  article,  the  community  board  of  a  community district named in this
    45  subdivision may adopt and submit to the speaker of the  city  council  a
    46  resolution  in  support  or opposition of the inclusion of the community
    47  district in the program established by the local law authorized by  this
    48  article.
    49    §  290.  Tenant  protections  in inhabited basement dwelling units and
    50  inhabited cellar dwelling units.   1. The  program  authorized  by  this
    51  article  shall require an application to make alterations to legalize an
    52  inhabited basement dwelling unit or inhabited cellar  dwelling  unit  be
    53  accompanied  by  a certification indicating whether such unit was rented
    54  to a tenant on the  effective  date  of  this  article,  notwithstanding
    55  whether the occupancy of such unit was authorized by law. A city may not
    56  use  such certification as the basis for an enforcement action for ille-

        S. 8306--C                         63                         A. 8806--C
 
     1  gal occupancy of such unit, provided  that  nothing  contained  in  this
     2  article  shall  be  construed  to  limit such city from issuing a vacate
     3  order for hazardous or unsafe conditions.
     4    2.  The  local  law  authorized  by  this article shall provide that a
     5  tenant in occupancy at the time of the effective date of  this  article,
     6  who  is  evicted  or  otherwise removed from such unit as a result of an
     7  alteration necessary to bring an inhabited  basement  dwelling  unit  or
     8  inhabited cellar dwelling unit into compliance with the standards estab-
     9  lished  by  the local law authorized by this article, shall have a right
    10  of first refusal to return to such unit  as  a  tenant  upon  its  first
    11  lawful  occupancy  as a legal dwelling unit, notwithstanding whether the
    12  occupancy at the time of the effective date of this article was  author-
    13  ized by law. Such local law shall specify how to determine priority when
    14  multiple tenants may claim such right.
    15    3.  A tenant unlawfully denied a right of first refusal to return to a
    16  legal dwelling unit, as provided pursuant to the local law authorized by
    17  this article, shall have a cause of action in  any  court  of  competent
    18  jurisdiction  for  compensatory  damages  or  declaratory and injunctive
    19  relief as the  court  deems  necessary  in  the  interests  of  justice,
    20  provided  that  such  compensatory  relief  shall  not exceed the annual
    21  rental charges for such legal dwelling unit.
    22    § 2. This act shall take effect immediately.
 
    23                                   PART T
 
    24    Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
    25  section 421-a of the real property tax law, as amended by section  3  of
    26  part  TTT  of  chapter  59  of  the  laws of 2017, is amended to read as
    27  follows:
    28    (xxviii) "Eligible multiple dwelling" shall mean either (1) a multiple
    29  dwelling or homeownership project containing six or more dwelling  units
    30  created  through  new  construction or eligible conversion for which the
    31  commencement date is after December thirty-first, two  thousand  fifteen
    32  and  on or before June fifteenth, two thousand twenty-two, and for which
    33  the completion date is on or before June fifteenth, two  thousand  twen-
    34  ty-six,  or  (2) a multiple dwelling or homeownership project containing
    35  six or more dwelling units created through new construction or  eligible
    36  conversion  which  complies  with  affordability option A, affordability
    37  option B, affordability option D, affordability option E or affordabili-
    38  ty option F, and for which the commencement date is after December thir-
    39  ty-first, two thousand fifteen and on  or  before  June  fifteenth,  two
    40  thousand  twenty-two,  and for which the completion date is on or before
    41  June fifteenth, two thousand thirty-one, provided that the owner of such
    42  multiple dwelling or homeownership project submits a letter of intent on
    43  a form to be promulgated by the New  York  city  department  of  housing
    44  preservation  and development, to such department, within ninety days of
    45  the date that such department promulgates such form. The New  York  city
    46  department of housing preservation and development shall promulgate such
    47  form  no later than sixty days from the effective date of the chapter of
    48  the laws of 2024 which amended this subparagraph.  For the  purposes  of
    49  this  subparagraph,  the  term  "letter  of  intent" means documentation
    50  certifying that the owner of such  multiple  dwelling  or  homeownership
    51  project  outlined in this subparagraph intends to apply for the benefits
    52  described in this section upon the construction completion  date.    The
    53  New  York  city department of housing preservation and development shall
    54  prescribe, and make available to the public, a "letter of  intent  form"

        S. 8306--C                         64                         A. 8806--C
 
     1  by which owners may use to submit such letter of intent outlined in this
     2  subparagraph.   The New York city department of housing preservation and
     3  development shall make information relating to  letters  of  intent  and
     4  corresponding projects available to the public.
     5    § 2.  This act shall take effect immediately.
 
     6                                   PART U
 
     7    Section  1.  The  real  property  tax  law  is amended by adding a new
     8  section 485-x to read as follows:
     9    § 485-x. Affordable neighborhoods for New Yorkers tax incentive.    1.
    10  Definitions.  For purposes of this section:
    11    (a) "Affordability option A" shall mean:
    12    (i)  for  a  large rental project, that, within any eligible site: (A)
    13  not less than twenty-five percent of the dwelling units  are  affordable
    14  housing  units;  (B) the weighted average of all income bands for all of
    15  the affordable housing units does not exceed eighty percent of the  area
    16  median  income,  adjusted  for  family  size; (C) there are no more than
    17  three income bands for all of the affordable housing units; and  (D)  no
    18  income  band for affordable housing units exceeds one hundred percent of
    19  the area median income, adjusted for family size;
    20    (ii) for a very large rental project, that, within any eligible  site:
    21  (A) not less than twenty-five percent of the dwelling units are afforda-
    22  ble  housing units; (B) the weighted average of all income bands for all
    23  of the affordable housing units does not exceed  sixty  percent  of  the
    24  area median income, adjusted for family size; (C) there are no more than
    25  three  income  bands for all of the affordable housing units; and (D) no
    26  income band for affordable housing units exceeds one hundred percent  of
    27  the area median income, adjusted for family size.
    28    (b)  "Affordability  option  B"  shall  mean that, within any eligible
    29  site:   (i) not less than twenty  percent  of  the  dwelling  units  are
    30  affordable  housing units; (ii) the weighted average of all income bands
    31  for all of the affordable housing units does not exceed  eighty  percent
    32  of  the area median income, adjusted for family size; (iii) there are no
    33  more than three income bands for all of the  affordable  housing  units;
    34  and (iv) no income band for affordable housing units exceeds one hundred
    35  percent of the area median income, adjusted for family size.
    36    (c)  "Affordability  option  C"  shall  mean that, within any eligible
    37  site, not less than fifty percent of the dwelling units are  subject  to
    38  rent stabilization for the restriction period.
    39    (d)  "Affordability  option  D"  shall mean a homeownership project in
    40  which one hundred percent of the units shall have  an  average  assessed
    41  value  per square foot that does not exceed eighty-nine dollars upon the
    42  first assessment following the completion date and where each  owner  of
    43  any  such  unit  shall agree, in writing, to maintain such unit as their
    44  primary residence for no less than five years from  the  acquisition  of
    45  such unit.
    46    (e) "Affordability percentage" shall mean a fraction, the numerator of
    47  which  is the number of affordable housing units in an eligible site and
    48  the denominator of which is the total number of dwelling units  in  such
    49  eligible site.
    50    (f)  "Affordable  neighborhoods for New Yorkers tax incentive benefits
    51  (hereinafter referred to as "ANNY Program  benefits")"  shall  mean  the
    52  exemption from real property taxation pursuant to this section.
    53    (g)  "Affordable housing unit" shall mean a dwelling unit that: (i) is
    54  situated within the eligible site for which ANNY  Program  benefits  are

        S. 8306--C                         65                         A. 8806--C
 
     1  granted;  and  (ii)  upon initial rental and upon each subsequent rental
     2  following a vacancy during the applicable restriction period, is afford-
     3  able to and restricted to occupancy by a household whose income does not
     4  exceed  a  prescribed percentage of the area median income, adjusted for
     5  family size, at the time that such  household  initially  occupies  such
     6  dwelling unit.
     7    (h)  "Agency"  shall  mean  the department of housing preservation and
     8  development.
     9    (i) "Application" shall mean an application for ANNY Program benefits.
    10    (j) "Building service employee" shall mean any person who is regularly
    11  employed at, and performs work in connection with the  care  or  mainte-
    12  nance  of,  an eligible site, including, but not limited to, a watchper-
    13  son, guard, doorperson, building cleaner, porter, handyperson,  janitor,
    14  gardener,  groundskeeper,  elevator  operator  and  starter,  and window
    15  cleaner, but not including persons regularly  scheduled  to  work  fewer
    16  than eight hours per week at the eligible site.
    17    (k)  "Collective bargaining agreement" shall mean an agreement entered
    18  into pursuant to section eight-f or section nine-a of the National Labor
    19  Relations Act (29 U.S.C. Sections 159(a) and 158(f)) between a  contrac-
    20  tor  or  subcontractor  and a labor organization setting forth terms and
    21  conditions of employment for those construction employees represented by
    22  the labor organization and employed by the contractor  or  subcontractor
    23  to perform construction work on an eligible site.
    24    (l)  "Commencement  date"  shall  mean,  with  respect to any eligible
    25  multiple dwelling, the date upon which excavation  and  construction  of
    26  initial  footings  and foundations lawfully begins in good faith or, for
    27  an eligible conversion, the date upon which the actual  construction  of
    28  the  conversion,  alteration or improvement of the pre-existing building
    29  or structure lawfully begins in good faith.
    30    (m) "Completion date" shall mean, with respect to any eligible  multi-
    31  ple  dwelling,  the  date  upon  which the local department of buildings
    32  issues the first temporary or permanent certificate of occupancy  cover-
    33  ing all residential areas of an eligible multiple dwelling.
    34    (n)   "Construction   employee"   shall  mean  any  person  performing
    35  construction work who is a laborer, worker, or mechanic.
    36    (o) "Construction period" shall mean, with  respect  to  any  eligible
    37  multiple dwelling, a period: (i) beginning on the later of the commence-
    38  ment  date  of such eligible multiple dwelling or three years before the
    39  completion date of such eligible multiple dwelling; and (ii)  ending  on
    40  the  day  preceding the completion date of such eligible multiple dwell-
    41  ing.
    42    (p) "Construction work" shall mean the provision of labor performed on
    43  an eligible site between the commencement date and the completion  date,
    44  whereby  materials and constituent parts are combined to initially form,
    45  make or build an eligible multiple dwelling, including  without  limita-
    46  tion,  painting,  or providing of material, articles, supplies or equip-
    47  ment in the eligible multiple dwelling, but excluding security personnel
    48  and work related to the fit-out of commercial spaces.
    49    (q) "Eligible conversion" shall mean  the  conversion,  alteration  or
    50  improvement  of  a  pre-existing  building  or  structure resulting in a
    51  multiple dwelling in which no more than forty-nine percent of the  floor
    52  area consists of such pre-existing building or structure.
    53    (r)  "Eligible  multiple  dwelling"  shall mean a multiple dwelling or
    54  homeownership project containing six  or  more  dwelling  units  created
    55  through  new construction or eligible conversion for which the commence-
    56  ment date is after June fifteenth, two thousand  twenty-two  and  on  or

        S. 8306--C                         66                         A. 8806--C
 
     1  before  June fifteenth, two thousand thirty-four and the completion date
     2  is on or before June fifteenth, two thousand thirty-eight.
     3    (s)  "Eligible  site"  shall  mean either: (i) a tax lot containing an
     4  eligible multiple dwelling; or (ii) a zoning lot containing two or  more
     5  eligible multiple dwellings that are part of a single application.
     6    (t)  "Employee benefits" shall mean all supplemental compensation paid
     7  by the employer, on behalf of construction employees, other than  wages,
     8  including,  without  limitation, any premiums or contributions made into
     9  plans or funds that provide health, welfare, non-occupational disability
    10  coverage, retirement, vacation benefits, holiday pay, life insurance and
    11  apprenticeship training. The value of  any  employee  benefits  received
    12  shall be determined based on the prorated hourly cost to the employer of
    13  the employee benefits received by construction employees.
    14    (u)  "Extended  construction  period"  shall mean, with respect to any
    15  very large rental project located in Zone A, a period: (i) beginning  on
    16  the later of the commencement date of such eligible multiple dwelling or
    17  five  years  before the completion date of such eligible multiple dwell-
    18  ing; and (ii) ending on the day preceding the completion  date  of  such
    19  eligible multiple dwelling.
    20    (v)  "Fiscal  officer"  shall  mean the comptroller or other analogous
    21  officer in a city having a population of one million or more.
    22    (w) "Floor area" shall  mean  the  horizontal  areas  of  the  several
    23  floors, or any portion thereof, of a dwelling or dwellings, and accesso-
    24  ry  structures  on  a  lot  measured from the exterior faces of exterior
    25  walls, or from the center line of party walls.
    26    (x) "Forty year benefit" shall mean: (i) for the  construction  period
    27  or  extended  construction  period, as applicable, a one hundred percent
    28  exemption from real property taxation, other than assessments for  local
    29  improvements;  and  (ii)  for  the  first forty years of the restriction
    30  period, a one hundred percent exemption  from  real  property  taxation,
    31  other than assessments for local improvements.
    32    (y) "Homeownership project" shall mean a multiple dwelling operated as
    33  condominium  or  cooperative  housing;  however,  it shall not include a
    34  multiple dwelling or portion thereof operated as condominium or  cooper-
    35  ative housing located within the borough of Manhattan.
    36    (z)  "Hourly wage" shall mean the amount equal to the aggregate amount
    37  of wages and employee benefits paid to, or on behalf of, a  construction
    38  employee for each hour of construction work.
    39    (aa)  "Jobsite agreement" shall mean a collective bargaining agreement
    40  that only sets forth terms and conditions of employment for construction
    41  employees performing  construction  work  under  the  agreement  at  one
    42  specific eligible site.
    43    (bb)  "Large rental project" shall mean an eligible site consisting of
    44  one hundred or more residential dwelling units  in  which  all  dwelling
    45  units included in any application are operated as rental housing.
    46    (cc)  "Market unit" shall mean a dwelling unit in an eligible multiple
    47  dwelling other than a restricted unit.
    48    (dd) "Marketing band" shall mean  maximum  rent  ranging  from  twenty
    49  percent  to  thirty  percent  of  the area median income applicable to a
    50  specific affordable housing unit.
    51    (ee) "Modest rental project" shall mean an eligible site consisting of
    52  more than five and less than one hundred residential dwelling  units  in
    53  which  all  dwelling  units  included in any application are operated as
    54  rental housing, other than a small rental project.
    55    (ff) "Multiple dwelling" shall have the  same  meaning  set  forth  in
    56  subdivision seven of section four of the multiple dwelling law.

        S. 8306--C                         67                         A. 8806--C
 
     1    (gg)  "Neighborhood  tabulation  area"  shall mean a geographical area
     2  defined by the department of city planning for the purposes of providing
     3  neighborhood-level data.
     4    (hh)  "Non-residential  tax  lot"  shall  mean a tax lot that does not
     5  contain any dwelling units.
     6    (ii) "Project  labor  agreement"  shall  mean  a  pre-hire  collective
     7  bargaining  agreement  between a contractor and a bona fide building and
     8  construction trade labor organization establishing the  labor  organiza-
     9  tion  as  the  collective  bargaining representative for all persons who
    10  will perform construction work on an eligible site, and  which  provides
    11  that  only  contractors  and  subcontractors  who  sign a pre-negotiated
    12  agreement with the labor organization can perform construction  work  on
    13  an eligible site.
    14    (jj)  "Rent stabilization" shall mean, collectively, the rent stabili-
    15  zation law of nineteen hundred sixty-nine, the rent stabilization  code,
    16  and the emergency tenant protection act of nineteen seventy-four, all as
    17  in  effect  as  of  the effective date of the chapter of the laws of two
    18  thousand twenty-four that added this section or as  amended  thereafter,
    19  together  with any successor statutes or regulations addressing substan-
    20  tially the same subject matter.
    21    (kk) "Rental project" shall mean, collectively, a  very  large  rental
    22  project,  large  rental project, modest rental project, and small rental
    23  project.
    24    (ll) "Residential tax lot" shall mean a tax lot that contains dwelling
    25  units.
    26    (mm) "Restricted unit" shall mean, individually and collectively:  (i)
    27  affordable  housing  units;  and (ii) dwelling units that are subject to
    28  rent stabilization in accordance with affordability option C.
    29    (nn) "Restriction period"  shall  mean,  notwithstanding  any  earlier
    30  termination  or  revocation  of affordable citywide construction program
    31  benefits:  (i) with respect to a rental project, a period commencing  on
    32  the  completion  date and extending in perpetuity; and (ii) with respect
    33  to a homeownership project, a period commencing on the  completion  date
    34  and expiring on the twentieth anniversary of the completion date.
    35    (oo)  "Small rental project" shall mean an eligible site consisting of
    36  more than five and less than eleven residential dwelling units,  located
    37  outside the borough of Manhattan on a zoning lot that permits a residen-
    38  tial  floor area not exceeding twelve-thousand five hundred square feet,
    39  in which all dwelling units included in any application are operated  as
    40  rental housing and that elects to comply with affordability option C.
    41    (pp) "Ten year benefit" shall mean: (i) for the construction period, a
    42  one  hundred  percent  exemption from real property taxation, other than
    43  assessments for local improvements; (ii) for the first ten years of  the
    44  restriction  period,  a one hundred percent exemption from real property
    45  taxation, other than assessments for local improvements.
    46    (qq) "Thirty-five year benefit" shall mean: (i) for  the  construction
    47  period,  a  one  hundred  percent exemption from real property taxation,
    48  other than assessments for local improvements; (ii) for the first  twen-
    49  ty-five years of the restriction period, a one hundred percent exemption
    50  from  real  property taxation, other than assessments for local improve-
    51  ments; and (iii) for the ten years of the restriction period  subsequent
    52  to  such  twenty-five years, (A) with respect to modest rental projects,
    53  an exemption from real property taxation,  other  than  assessments  for
    54  local  improvements, equal to the affordability percentage, and (B) with
    55  respect to large rental projects, a one hundred percent  exemption  from
    56  real property taxation, other than assessments for local improvements.

        S. 8306--C                         68                         A. 8806--C
 
     1    (rr)  "Twenty year benefit" shall mean: (i) for the construction peri-
     2  od, a one hundred percent exemption from real property  taxation,  other
     3  than  assessments  for  local  improvements; (ii) for the first fourteen
     4  years of the restriction period, a one hundred  percent  exemption  from
     5  real  property  taxation, other than assessments for local improvements,
     6  provided, however, that no exemption shall be given for any  portion  of
     7  the  square footage of a unit with an assessed value that exceeds eight-
     8  y-nine dollars per square foot; and (iii) for the final six years of the
     9  restriction period, a twenty-five percent exemption from  real  property
    10  taxation,  other  than  assessments  for  local  improvements, provided,
    11  however, that no exemption shall be given for any portion of the  square
    12  footage  of  a  unit  with  an  assessed  value that exceeds eighty-nine
    13  dollars per square foot.
    14    (ss) "Very large rental project" shall mean an eligible  site  located
    15  in  Zone A or Zone B consisting of one hundred fifty or more residential
    16  dwelling units in which all dwelling units included in  any  application
    17  are operated as rental housing.
    18    (tt)  "Wages" shall mean all compensation, remuneration or payments of
    19  any kind paid to, or on behalf of,  construction  employees,  including,
    20  without  limitation,  any  hourly  compensation  paid  directly  to  the
    21  construction employee, together with employee benefits, such as  health,
    22  welfare,  non-occupational  disability  coverage,  retirement,  vacation
    23  benefits, holiday pay, life insurance and apprenticeship  training,  and
    24  payroll  taxes, including, to the extent permissible by law, all amounts
    25  paid for New York state unemployment insurance, New York state disabili-
    26  ty insurance, metropolitan commuter transportation mobility tax, federal
    27  unemployment insurance and pursuant to the  federal  insurance  contrib-
    28  utions act or any other payroll tax that is paid by the employer.
    29    (uu) "Zone A" shall mean any tax lot now existing or hereafter created
    30  which is located entirely south of 96th street in the borough of Manhat-
    31  tan  or  in  any  of the following neighborhood tabulation areas as most
    32  recently defined by the department of New York City  planning:  Brooklyn
    33  0101, Brooklyn 0102, Brooklyn 0103, Brooklyn 0104, and Queens 0201.
    34    (vv) "Zone B" shall mean any tax lot now existing or hereafter created
    35  which  is  located  entirely  in any of the following neighborhood tabu-
    36  lation areas as most recently defined by the department of New York City
    37  planning:  Brooklyn 0201, Brooklyn 0202, Brooklyn 0203,  Brooklyn  0204,
    38  Brooklyn  0601,  Brooklyn  0602,  Brooklyn 0801, Queens 0105, and Queens
    39  0102.
    40    2. Benefit. In cities having a population  of  one  million  or  more,
    41  notwithstanding  the  provisions of any general, special or local law to
    42  the contrary, new  eligible  multiple  dwellings,  except  hotels,  that
    43  comply  with  the  provisions  of this section shall be exempt from real
    44  property taxation, other than assessments for local improvements, in the
    45  amounts and for the periods specified as follows:
    46    (a) a small rental project that complies with all of the  requirements
    47  of this subdivision shall receive a ten year benefit;
    48    (b) a modest rental project that complies with all of the requirements
    49  of this subdivision shall receive a thirty-five year benefit;
    50    (c)  a large rental project that complies with all of the requirements
    51  of this subdivision shall receive a thirty-five year benefit;
    52    (d) a very large rental project that complies with all of the require-
    53  ments of this subdivision shall receive a forty year benefit; and
    54    (e) a homeownership project that complies with all of the requirements
    55  of this subdivision shall receive a twenty year benefit.

        S. 8306--C                         69                         A. 8806--C
 
     1    3. Construction work requirements.  In addition to all other  require-
     2  ments  set  forth  in  this  section,  any  eligible site containing one
     3  hundred or more dwelling units within the city of New York shall  comply
     4  with  the requirements set forth in this subdivision except as otherwise
     5  provided in any paragraph of this subdivision.
     6    (a)  Construction  work  on  any  eligible site containing one hundred
     7  units or more shall  be  subject  to  requirements  in  accordance  with
     8  sections  two  hundred twenty and two hundred twenty-b of the labor law;
     9  provided, however, that the minimum hourly rate of wages and supplements
    10  required to be paid to construction employees shall  be  forty  dollars,
    11  which  shall  increase  by  two and one-half percent on the first day of
    12  July in the year two  thousand  twenty-five  and  by  two  and  one-half
    13  percent on the first day of July in each year thereafter.
    14    (b)  Construction  work  on  any  eligible site containing one hundred
    15  fifty units or more, within Zone A, shall be subject to requirements  in
    16  accordance  with sections two hundred twenty and two hundred twenty-b of
    17  the labor law; provided, however, that the minimum hourly rate of  wages
    18  and  supplements  required to be paid to construction employees shall be
    19  the lesser of seventy-two dollars  and  forty-five  cents,  which  shall
    20  increase  by  two  and  one-half percent on the first day of July in the
    21  year two thousand twenty-five and by two and  one-half  percent  on  the
    22  first  day of July in each year thereafter, or sixty-five percent of the
    23  greatest prevailing rate of wages and supplements within  a  classifica-
    24  tion.
    25    (c)  Construction  work  on  any  eligible site containing one hundred
    26  fifty units or more, within Zone B, shall be subject to requirements  in
    27  accordance  with sections two hundred twenty and two hundred twenty-b of
    28  the labor law; provided, however, that the minimum hourly rate of  wages
    29  and  supplements  required to be paid to construction employees shall be
    30  the lesser of sixty-three dollars, which shall increase by two and  one-
    31  half  percent  on the first day of July in the year two thousand twenty-
    32  five and by two and one-half percent on the first day of  July  in  each
    33  year  thereafter,  or  sixty  percent of the greatest prevailing rate of
    34  wages and supplements within a classification.
    35    (d) The owner of an eligible site shall be responsible  for  notifying
    36  the  fiscal  officer  and  the agency at least three months prior to the
    37  commencement of construction work of the location of  the  project,  the
    38  anticipated  construction  start  date, the anticipated construction end
    39  date, and the existence of any project labor agreement on  the  eligible
    40  site.    Failure  to provide such notice in the time and manner required
    41  shall subject the owner to fines and penalties not to exceed  five-thou-
    42  sand  dollars  per day. In addition to the fines and penalties set forth
    43  herein, an  owner  shall  forfeit  the  tax  abatements  and  exemptions
    44  provided under this section if construction commences prior to providing
    45  the notice required under this section.
    46    (e)  The  owner of an eligible site shall be responsible for retaining
    47  original payroll records in accordance with section two  hundred  twenty
    48  of  the labor law, as modified by paragraph (a) of this subdivision, for
    49  a period of six years from the  completion  date.  All  payroll  records
    50  maintained  by an owner pursuant to this subdivision shall be subject to
    51  inspection on request of the fiscal officer. Such  owner  may  authorize
    52  the  prime  contractor  on  the eligible site to take responsibility for
    53  retaining and maintaining payroll records, but will be held jointly  and
    54  severally  liable  for  any  violations  of such contractor. All records
    55  obtained by the fiscal officer shall be subject to the freedom of infor-
    56  mation law.

        S. 8306--C                         70                         A. 8806--C
 
     1    (f) The fiscal officer may issue rules and regulations  governing  the
     2  provisions  of this subdivision. Violations of this subdivision shall be
     3  grounds for determinations and orders pursuant to  section  two  hundred
     4  twenty-b of the labor law.
     5    (g) Where a complaint is received pursuant to this subdivision, if the
     6  fiscal  officer  finds  cause to believe that an applicant or any person
     7  acting on behalf of or as an agent of an applicant, in  connection  with
     8  the  performance  of any contract for construction work pursuant to this
     9  subdivision, has committed a violation of the provisions of this  subdi-
    10  vision,  the  fiscal  officer may recapture tax abatements or exemptions
    11  provided pursuant to this section and/or terminate future tax abatements
    12  or exemptions made available pursuant to this section  pursuant  to  the
    13  following:
    14    (i)  If  an applicant or any person acting on behalf of or as an agent
    15  of an applicant, in connection with the performance of any contract  for
    16  construction  work  pursuant  to  this  subdivision, has committed three
    17  violations of the requirements of paragraph (a), (b),  or  (c)  of  this
    18  subdivision  within a five-year period, the fiscal officer may recapture
    19  tax abatements or exemptions provided pursuant to  this  section  and/or
    20  terminate future tax abatements or exemptions made available pursuant to
    21  this section, provided, however, that after a second such violation, the
    22  applicant shall be notified that any further violation may result in the
    23  recapture  of  tax  abatements  or  exemptions provided pursuant to this
    24  section and/or termination of future tax abatements or  exemptions  made
    25  available  pursuant  to  this  section and that the fiscal officer shall
    26  publish on its website a list of all applicants with two  violations  as
    27  defined in this paragraph.
    28    (ii) For purposes of this subdivision, a "violation" of paragraph (a),
    29  (b),  or (c) of this subdivision shall be deemed a finding by the fiscal
    30  officer that the applicant or any person acting on behalf of  or  as  an
    31  agent  of  an applicant has failed to comply with paragraph (a), (b), or
    32  (c) of this subdivision and has failed to  cure  the  deficiency  within
    33  three months of such finding.
    34    (iii)  If  the  fiscal officer recaptures tax abatements or exemptions
    35  provided pursuant to this section and/or terminates  future  tax  abate-
    36  ments  or exemptions made available pursuant to this section for noncom-
    37  pliance with paragraph (a), (b), or (c) of this subdivision pursuant  to
    38  this  paragraph: (a) all of the restricted units shall remain subject to
    39  rent stabilization and all other requirements of this  section  for  the
    40  restriction period, and any additional period expressly provided in this
    41  section,  as  if  the  ANNY  Program benefits had not been recaptured or
    42  terminated; or (b) for  a  homeownership  project,  such  project  shall
    43  continue  to  comply  with  affordability requirements set forth in this
    44  section and all other requirements of this section for  the  restriction
    45  period  and any additional period expressly provided in this section, as
    46  if the ANNY Program benefits had not been recaptured or terminated.
    47    (h) An eligible site shall be excluded from the requirements of  para-
    48  graphs  (a),  (b), (c) and (d) of this subdivision where the performance
    49  of all construction work on the eligible site is covered  by  a  project
    50  labor agreement.
    51    (i)  A  contractor  and owner may be excluded from the requirements of
    52  paragraphs (a), (b), (c) and (d) of this  subdivision  with  respect  to
    53  only  those construction employees of the contractor that are performing
    54  construction work on the eligible site  under  a  collective  bargaining
    55  agreement   or  a  jobsite  agreement  that  has  expressly  waived  the
    56  provisions of paragraphs (a), (b), (c) and (d) of this subdivision.

        S. 8306--C                         71                         A. 8806--C
 
     1    4. In addition to all other requirements set forth in this section, an
     2  eligible site must, over the course of the design  and  construction  of
     3  such  eligible  site,  make all reasonable efforts to spend on contracts
     4  with minority and women owned business enterprises at least  twenty-five
     5  percent of the total applicable costs, as such enterprises and costs are
     6  defined  in  rules  of  the  agency. Such rules shall set forth required
     7  measures with respect to contracts for design and construction that  are
     8  comparable,  to the extent practicable, to the measures used by agencies
     9  of the city of New York to enhance minority  and  women  owned  business
    10  enterprise participation in agency contracts pursuant to applicable law,
    11  including  section  6-129  of the administrative code of the city of New
    12  York.
    13    5. Tax payments. In addition to any other amounts payable pursuant  to
    14  this  section,  the  owner  of  any eligible site receiving ANNY Program
    15  benefits shall pay, in each tax year in which such ANNY Program benefits
    16  are in effect, real property taxes and assessments as follows:
    17    (a) with respect to each eligible  multiple  dwelling  constructed  on
    18  such  eligible  site,  real  property taxes on the assessed valuation of
    19  such land and any improvements thereon in effect  during  the  tax  year
    20  prior to the commencement date of such eligible multiple dwelling, with-
    21  out  regard to any exemption from or abatement of real property taxation
    22  in effect during such tax year,  which  real  property  taxes  shall  be
    23  calculated  using the tax rate in effect at the time such taxes are due,
    24  provided, however, that this paragraph shall not apply to any very large
    25  rental project during the construction period or  extended  construction
    26  period, as applicable; and
    27    (b) all assessments for local improvements.
    28    6.  Limitation on benefits for non-residential space. If the aggregate
    29  floor area of commercial, community facility and accessory use space  in
    30  an  eligible  site,  other  than  parking which is located not more than
    31  twenty-three feet above the curb level, exceeds twelve  percent  of  the
    32  aggregate  floor  area  in such eligible site, any ANNY Program benefits
    33  shall be reduced by a percentage equal to such excess.  If  an  eligible
    34  site  contains  multiple tax lots, the tax arising out of such reduction
    35  in ANNY Program benefits shall first be apportioned pro rata  among  any
    36  non-residential  tax  lots.  After any such non-residential tax lots are
    37  fully taxable, the remainder of the tax arising out of such reduction in
    38  ANNY Program benefits, if any, shall be apportioned pro rata  among  the
    39  remaining residential tax lots.
    40    7.  Calculation  of  benefit. Based on the certification of the agency
    41  certifying the applicant's eligibility for ANNY  Program  benefits,  the
    42  assessors shall certify to the collecting officer the amount of taxes to
    43  be exempted.
    44    8.  Affordability  and  rent  stabilization requirements.   During the
    45  restriction period, a large rental  project  and  a  very  large  rental
    46  project  shall  comply  with  affordability  option  A,  a modest rental
    47  project shall comply with affordability option B, a small rental project
    48  shall comply with the requirements of  affordability  option  C,  and  a
    49  homeownership  project  shall  comply  with affordability option D. Such
    50  election shall be made in the application and shall  not  thereafter  be
    51  changed.
    52    (a)  All  rental dwelling units in an eligible multiple dwelling shall
    53  share the same common entrances and common areas as market rate units in
    54  such eligible multiple dwelling and shall not be isolated to a  specific
    55  floor  or area of an eligible multiple dwelling.  Common entrances shall
    56  mean any area regularly used by any resident of a rental  dwelling  unit

        S. 8306--C                         72                         A. 8806--C
 
     1  in  the  eligible  multiple  dwelling  for  ingress and egress from such
     2  eligible multiple dwelling.
     3    (b)  Unless preempted by the requirements of a federal, state or local
     4  housing program, either (i) the affordable housing units in an  eligible
     5  multiple  dwelling  shall  have  a  unit  mix proportional to the market
     6  units, or (ii) at least fifty percent of the affordable housing units in
     7  an eligible multiple dwelling shall have two or  more  bedrooms  and  no
     8  more than twenty-five percent of the affordable housing units shall have
     9  less than one bedroom.
    10    (c) Notwithstanding any provision of rent stabilization to the contra-
    11  ry, (i) all restricted units shall remain fully subject to rent stabili-
    12  zation  both  during  and subsequent to the restriction period, and (ii)
    13  any restricted unit occupied by a  tenant  whose  eligibility  has  been
    14  approved  by the agency shall remain subject to rent stabilization until
    15  such tenant  vacates  such  affordable  housing  unit  where,  (A)  such
    16  approval  occurred  prior  to  the agency's denial of an application for
    17  ANNY  program  benefits  for  the  multiple  dwelling  containing   such
    18  restricted  unit,  or (B) such restricted unit is in a multiple dwelling
    19  for which an application for ANNY program benefits has not been filed or
    20  has been withdrawn after filing.
    21    (d) All rent stabilization registrations required to be  filed  shall:
    22  (i)  contain a designation that specifically identifies affordable hous-
    23  ing units created pursuant to this section as "ANNY  Program  affordable
    24  housing  units"; (ii) contain a designation that specifically identifies
    25  dwelling units that are subject to rent stabilization in accordance with
    26  affordability option C; and (iii) contain an explanation of the require-
    27  ments that apply to all such restricted units.
    28    (e) Failure to comply with the provisions  of  this  subdivision  that
    29  require  the  creation,  maintenance,  rent stabilization compliance and
    30  occupancy of restricted units or for purposes of a homeownership project
    31  the failure to comply with the affordable homeownership project require-
    32  ments shall result in the exercise of the agency's enforcement powers in
    33  accordance with this section, which include, but  are  not  limited  to,
    34  revocation of any ANNY Program benefits.
    35    (f)  Nothing  in  this  section shall (i) prohibit the occupancy of an
    36  affordable housing unit by individuals or families whose income  at  any
    37  time  is  less  than  the  maximum percentage of the area median income,
    38  adjusted for family size, specified for  such  affordable  housing  unit
    39  pursuant to this section, or (ii) prohibit the owner of an eligible site
    40  from  requiring,  upon  initial  rental  or  upon any rental following a
    41  vacancy, the occupancy of any affordable  housing  unit  by  such  lower
    42  income individuals or families.
    43    (g)  Following  issuance  of  a temporary certificate of occupancy and
    44  upon each vacancy thereafter, an affordable housing unit shall  promptly
    45  be  offered  for rental by individuals or families whose income does not
    46  exceed the maximum percentage of the area median  income,  adjusted  for
    47  family size, specified for such affordable housing unit pursuant to this
    48  section  and  who intend to occupy such affordable housing unit as their
    49  primary residence. A restricted unit shall not be (i) rented to a corpo-
    50  ration, partnership or other entity, or (ii) held off the market  for  a
    51  period  longer than is reasonably necessary to perform repairs needed to
    52  make such restricted unit available for occupancy.
    53    (h) A restricted unit shall not be rented on a temporary, transient or
    54  short-term basis. Every lease and renewal thereof for a restricted  unit
    55  shall be for a term of one or two years, at the option of the tenant.

        S. 8306--C                         73                         A. 8806--C
 
     1    (i)  A restricted unit shall not be converted to cooperative or condo-
     2  minium ownership.
     3    (j)  The  agency may establish by rule such requirements as the agency
     4  deems necessary or appropriate  for  (i)  the  marketing  of  restricted
     5  units, both upon initial occupancy and upon any vacancy, (ii) monitoring
     6  compliance with the provisions of this subdivision, and (iii) the estab-
     7  lishment  of  marketing bands for affordable housing units, and (iv) the
     8  marketing and monitoring of any homeownership project that is granted an
     9  exemption pursuant to this subdivision. Such requirements  may  include,
    10  but  need  not be limited to, retaining a monitor approved by the agency
    11  and paid for by the owner.
    12    (k) Notwithstanding any provision of this section to the  contrary,  a
    13  market  unit  shall  not be subject to rent stabilization unless, in the
    14  absence of ANNY Program benefits, the unit  would  be  subject  to  rent
    15  stabilization.
    16    9.  Building  service employees. (a) For the purposes of this subdivi-
    17  sion, (i) "applicant" shall mean an applicant for ANNY Program  benefits
    18  and/or  any  successor  to  such  applicant;  and (ii) "covered building
    19  service employer" shall mean any applicant and/or any employer of build-
    20  ing service employees for such applicant, including, but not limited to,
    21  a property management company or contractor.
    22    (b) All building service employees employed by  the  covered  building
    23  service  employer  at  the  eligible  site  shall receive the applicable
    24  prevailing wage for the  duration  of  the  applicable  benefit  period,
    25  regardless of whether such benefits are revoked or terminated.
    26    (c)  The fiscal officer shall have the power to enforce the provisions
    27  of this subdivision. In enforcing such provisions,  the  fiscal  officer
    28  shall have the power:
    29    (i)  to  investigate or cause an investigation to be made to determine
    30  the prevailing wages for building  service  employees;  in  making  such
    31  investigation,  the  fiscal  officer may utilize wage and fringe benefit
    32  data from various sources, including,  but  not  limited  to,  data  and
    33  determinations   of  federal,  state  or  other  governmental  agencies,
    34  provided, however, that the provision of a dwelling unit  shall  not  be
    35  considered wages or a fringe benefit;
    36    (ii)  to  institute and conduct inspections at the site of the work or
    37  elsewhere;
    38    (iii) to examine the books, documents and records  pertaining  to  the
    39  wages  paid  to,  and  the  hours of work performed by, building service
    40  employees;
    41    (iv) to hold hearings and, in connection therewith, to  issue  subpoe-
    42  nas,  administer  oaths  and  examine  witnesses;  the  enforcement of a
    43  subpoena issued under this subdivision shall be regulated by  the  civil
    44  practice law and rules;
    45    (v) to make a classification by craft, trade or other generally recog-
    46  nized  occupational  category  of  the building service employees and to
    47  determine whether such work has been performed by the  building  service
    48  employees in such classification;
    49    (vi) to require the applicant to file with the fiscal officer a record
    50  of  the  wages  actually  paid  to the building service employees and of
    51  their hours of work;
    52    (vii) to delegate any of the foregoing powers to such fiscal officer's
    53  deputy or other authorized representative;
    54    (viii) to promulgate rules  as  such  fiscal  officer  shall  consider
    55  necessary  for  the proper execution of the duties, responsibilities and

        S. 8306--C                         74                         A. 8806--C
 
     1  powers conferred upon such fiscal officer  by  the  provisions  of  this
     2  paragraph; and
     3    (ix) to prescribe appropriate sanctions for failure to comply with the
     4  provisions  of  this subdivision. For each violation of paragraph (b) of
     5  this subdivision, the fiscal officer may require  the  payment  of:  (A)
     6  back wages and fringe benefits; (B) liquidated damages up to three times
     7  the amount of the back wages and fringe benefits for willful violations;
     8  and/or  (C) reasonable attorney's fees. If the fiscal officer finds that
     9  the applicant has failed to comply with the provisions of this  subpara-
    10  graph,  he  or  she shall present evidence of such non-compliance to the
    11  agency.
    12    (d) Paragraph (b) of this subdivision shall not be applicable to:
    13    (i) an eligible multiple dwelling containing less than thirty dwelling
    14  units; or
    15    (ii) an eligible multiple dwelling in which all of the dwelling  units
    16  are  affordable  housing  units  and not less than fifty percent of such
    17  affordable housing units, upon initial rental and upon  each  subsequent
    18  rental following a vacancy are affordable to and restricted to occupancy
    19  by individuals or families whose household income does not exceed ninety
    20  percent of the area median income, adjusted for family size, at the time
    21  that such household initially occupies such dwelling unit.
    22    (e)  The applicant shall submit a sworn affidavit with its application
    23  certifying that it shall ensure compliance with the requirements of this
    24  subdivision or is exempt in accordance with paragraph (d) of this subdi-
    25  vision. Upon the agency's approval of such  application,  the  applicant
    26  who  is  not exempt in accordance with paragraph (d) of this subdivision
    27  shall submit annually a sworn affidavit to the fiscal officer certifying
    28  that it shall ensure compliance with the requirements of  this  subdivi-
    29  sion.
    30    (f)  The  agency  shall  annually publish a list of all eligible sites
    31  subject to  the  requirements  of  this  paragraph  and  the  affidavits
    32  required pursuant to paragraph (e) of this subdivision.
    33    10.  Replacement  ratio.  If  the  land  on  which an eligible site is
    34  located contained any dwelling units three years prior to the  commence-
    35  ment  date  of  the  first eligible multiple dwelling thereon, then such
    36  eligible multiple dwelling or dwellings built thereon shall  contain  at
    37  least one affordable housing unit for each dwelling unit that existed on
    38  such  date  and  was  thereafter  demolished,  removed  or reconfigured,
    39  provided that if such eligible  multiple  dwelling  or  dwellings  built
    40  thereon  is a small rental project, then such eligible multiple dwelling
    41  or dwellings built thereon shall contain at least  one  restricted  unit
    42  for  each  dwelling  unit  that  existed on such date and was thereafter
    43  demolished, removed or reconfigured.
    44    11. Concurrent exemptions or abatements. An eligible multiple dwelling
    45  receiving ANNY Program benefits shall not receive any exemption from  or
    46  abatement of real property taxation under any other law.
    47    12.   Voluntary   renunciation  or  termination.  Notwithstanding  the
    48  provisions of any general, special or local  law  to  the  contrary,  an
    49  owner  shall  not  be entitled to voluntarily renounce or terminate ANNY
    50  Program benefits unless  the  agency  authorizes  such  renunciation  or
    51  termination  in  connection with the commencement of a new tax exemption
    52  pursuant to either the private  housing  finance  law  or  section  four
    53  hundred twenty-c of this title.
    54    13. Termination or revocation. The agency may terminate or revoke ANNY
    55  Program  benefits  for  failure  to  comply with this section; provided,
    56  however, that the agency shall not  terminate  or  revoke  ANNY  Program

        S. 8306--C                         75                         A. 8806--C
 
     1  benefits for a failure to comply with subdivision three of this section.
     2  If a covered building service employer has committed three violations of
     3  the  requirements  of  paragraph (b) of subdivision nine of this section
     4  within a five-year period, the agency may revoke any benefits associated
     5  with such eligible multiple dwelling under this section. For purposes of
     6  this  subdivision, a "violation" of paragraph (b) of subdivision nine of
     7  this section shall be deemed a finding by the fiscal  officer  that  the
     8  covered  building  service  employer has failed to comply with paragraph
     9  (b) of subdivision nine of this section and has failed to cure the defi-
    10  ciency within three months of such finding.    Provided,  however,  that
    11  after  a second such violation, the applicant shall be notified that any
    12  further violation may result in the revocation of  benefits  under  this
    13  section  and that the fiscal officer shall publish on its website a list
    14  of all applicants with two violations as defined in this subdivision. If
    15  ANNY Program benefits are terminated or revoked for  noncompliance  with
    16  this  section:  (a)  all of the restricted units shall remain subject to
    17  rent stabilization and all other requirements of this  section  for  the
    18  applicable  restriction  period,  and  any  additional  period expressly
    19  provided in this section, as if the ANNY Program benefits had  not  been
    20  terminated  or revoked; or (b) for a homeownership project, such project
    21  shall continue to comply with affordability requirements  set  forth  in
    22  this  section  and  all  other  requirements  of  this  section  for the
    23  restriction period and any additional period expressly provided in  this
    24  section,  as  if  the  ANNY  Program benefits had not been terminated or
    25  revoked.
    26    14. Powers cumulative. The  enforcement  provisions  of  this  section
    27  shall  not  be exclusive, and are in addition to any other rights, reme-
    28  dies, or enforcement powers set forth in any other law or  available  at
    29  law or in equity.
    30    15. Multiple tax lots. If an eligible site contains multiple tax lots,
    31  an  application may be submitted with respect to one or more of such tax
    32  lots. The agency shall determine eligibility for ANNY  Program  benefits
    33  based  upon  the  tax lots included in such application and benefits for
    34  each multiple dwelling shall be based upon the completion date  of  such
    35  multiple dwelling.
    36    16.  Applicant  registration.  (a)  Prospective  applicants  for  ANNY
    37  Program benefits pursuant to this section shall file with the  agency  a
    38  form  supplied  by the agency which: (i) states an intention to file for
    39  such benefits under the provisions of this  subdivision;  (ii)  includes
    40  the  commencement  date;  and  (iii)  establishes the intended number of
    41  total dwelling units and, if applicable, restricted  units.  The  agency
    42  shall promulgate such form no later than ninety days after the effective
    43  date of this section.
    44    (b)  The  form described in paragraph (a) of this subdivision shall be
    45  filed:  (i) for projects with a commencement date before  the  effective
    46  date of this section, no later than six months after such effective date
    47  or  six  months after the agency promulgates the form described in para-
    48  graph (a) of this subdivision, whichever is later; or (ii) for  projects
    49  with a commencement date on or after the effective date of this section,
    50  no  later  than  six  months  after such commencement date or six months
    51  after the agency promulgates the form described in paragraph (a) of this
    52  subdivision, whichever is later.
    53    (c) Applicants who fail to comply with the requirements of this subdi-
    54  vision shall be subject to a penalty not to exceed one  hundred  percent
    55  of  the application filing fee otherwise payable pursuant to subdivision
    56  eighteen of this section.

        S. 8306--C                         76                         A. 8806--C
 
     1    17.  Applications. (a) The application with respect  to  any  eligible
     2  multiple dwelling shall be filed with the agency not later than one year
     3  after the completion date of such eligible multiple dwelling.
     4    (b)  Notwithstanding  the  provisions of any general, special or local
     5  law to the contrary, the agency may require by rule that applications be
     6  filed electronically.
     7    (c) The agency may rely on certification by an architect  or  engineer
     8  submitted  by  an applicant in connection with the filing of an applica-
     9  tion. A false certification by  such  architect  or  engineer  shall  be
    10  deemed  to  be  professional  misconduct  pursuant to section sixty-five
    11  hundred nine of the education law. Any licensee  found  guilty  of  such
    12  misconduct under the procedures prescribed in section sixty-five hundred
    13  ten of the education law shall be subject to the penalties prescribed in
    14  section  sixty-five hundred eleven of the education law and shall there-
    15  after be ineligible to submit a certification pursuant to this section.
    16    (d) The agency  shall  not  require  that  the  applicant  demonstrate
    17  compliance with the requirements of subdivision three of this section as
    18  a condition to approval of the application.
    19    18. Filing fee.  (a) The agency may require a filing fee of: (i) three
    20  thousand  dollars  per  dwelling unit in connection with any application
    21  for an eligible site consisting of more than five and less  than  eleven
    22  residential rental dwelling units; (ii) four thousand dollars per dwell-
    23  ing  unit  in  connection  with  any  application  for  an eligible site
    24  consisting of more than eleven units and less than one hundred  residen-
    25  tial  dwelling  units;  (iii) four thousand dollars per dwelling unit in
    26  connection with any application for a homeownership  project;  and  (iv)
    27  five  thousand dollars per dwelling unit in connection with any applica-
    28  tion for an eligible site consisting of one hundred or more  residential
    29  dwelling units.
    30    (b)  Notwithstanding the provisions contained in paragraph (a) of this
    31  subdivision, the agency may promulgate rules: (i) imposing a lesser  fee
    32  for  eligible  sites  containing eligible multiple dwellings constructed
    33  with the substantial assistance of grants, loans or  subsidies  provided
    34  by  a  federal,  state  or  local governmental agency or instrumentality
    35  pursuant to a program for the development  of  affordable  housing;  and
    36  (ii)  requiring  a  portion  of  the  filing  fee  to  be  paid upon the
    37  submission of the information the agency requires in advance of  approv-
    38  ing  the  commencement  of  the  marketing  process  for a modest rental
    39  project, a large rental project, or a very large rental project.
    40    19. Rules. Except as provided in subdivisions three and nine  of  this
    41  section,  the  agency  shall  have  the  sole  authority  to enforce the
    42  provisions of this section and may promulgate rules  to  carry  out  the
    43  provisions of this section.
    44    20.  Reporting.  On or before June thirtieth of each year, the commis-
    45  sioner of the agency shall issue a report to the governor, the temporary
    46  president of the senate and the speaker of the  assembly  setting  forth
    47  the  number of total projects and units created by this section by year,
    48  level of affordability, and  community  board,  the  cost  of  the  ANNY
    49  Program, and other such factors as the commissioner of the New York city
    50  department  of  housing  preservation and development deems appropriate.
    51  The New York city department of housing preservation and development may
    52  request and shall receive cooperation and assistance  from  all  depart-
    53  ments,  divisions,  boards,  bureaus, commissions, public benefit corpo-
    54  rations or agencies of the state of New York, the city of  New  York  or
    55  any  other political subdivisions thereof, or any entity receiving bene-
    56  fits pursuant to this section.

        S. 8306--C                         77                         A. 8806--C
 
     1    21. Penalties for violations of affordability and  rent  stabilization
     2  requirements. (a) On and after the expiration date of the ten year bene-
     3  fit,  twenty year benefit, thirty-five year benefit, or forty year bene-
     4  fit, as applicable, the agency may impose, after notice and an  opportu-
     5  nity to be heard, a fine for any violation of the affordability and rent
     6  stablization  requirements  established pursuant to subdivision eight of
     7  this section by such small rental project, modest rental project,  large
     8  rental  project,  very  large  rental project, or homeownership project.
     9  The agency shall establish a schedule and method of calculation of  such
    10  fines pursuant to subdivision nineteen of this section.
    11    (b)  A fine under this subdivision may be imposed against the owner of
    12  the eligible site containing such small rental  project,  modest  rental
    13  project,  large rental project, very large rental project, or homeowner-
    14  ship project at the time the violation occurred, even if such  owner  no
    15  longer  owns  such eligible site.  A failure to pay such fine may result
    16  in a lien and such other remedies as may be available pursuant to appli-
    17  cable law and regulation.
    18    § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor
    19  law, as added by section 1 of part FFF of chapter  58  of  the  laws  of
    20  2020, are amended and a new paragraph h is added to read as follows:
    21    f.  funds  provided  pursuant  to subdivision three of section twenty-
    22  eight hundred fifty-three of the education law; [and]
    23    g. any other public monies, credits, savings or loans,  determined  by
    24  the public subsidy board created in section two hundred twenty-four-c of
    25  this article as exempt from this definition[.]; and
    26    h. benefits under section four hundred eighty-five-x of the real prop-
    27  erty tax law.
    28    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    29  sion, or section of this act shall be adjudged by any court of competent
    30  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    31  invalidate the remainder thereof, but shall be confined in its operation
    32  to the clause, sentence,  paragraph,  subdivision,  or  section  thereof
    33  directly  involved  in the controversy in which such judgment shall have
    34  been rendered. It is hereby declared to be the intent of the legislature
    35  that this act would have been enacted even if  such  invalid  provisions
    36  had not been included herein.
    37    § 4. This act shall take effect immediately.

    38                                   PART V
 
    39    Section  1. The executive law is amended by adding a new section 373-b
    40  to read as follows:
    41    § 373-b. Standards for single-exit, single stairway  multi-unit  resi-
    42  dential  buildings  study. The council shall conduct a study relating to
    43  standards for egress including  provisions  for  multi-unit  residential
    44  buildings  above  three  stories, up to at least six stories. Such study
    45  shall consider examining existing building codes for single-exit, single
    46  stairway multi-unit residential buildings above three stories, up to  at
    47  least six stories in the city of New York and in other cities and juris-
    48  dictions  that  have adopted provisions allowing for the construction of
    49  such buildings into their building codes. Such study shall be  completed
    50  on  or  before  July  first,  two thousand twenty-six. The council shall
    51  consider such study findings and amend the uniform code if necessary.
    52    § 2. This act shall take effect immediately and shall  expire  and  be
    53  deemed repealed January 1, 2029.

        S. 8306--C                         78                         A. 8806--C
 
     1                                   PART W
 
     2    Section 1. Paragraph a of subdivision 1 of section 667-c of the educa-
     3  tion 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.  part-time  students enrolled at [the state university, a community
     6  college, the city university of New York, and a  non-profit  college  or
     7  university]  a  degree granting institution of higher education incorpo-
     8  rated by the regents or by the legislature who meet all requirements for
     9  tuition assistance program awards except  for  the  students'  part-time
    10  attendance; or
    11    § 2. This act shall take effect July 1, 2024.
 
    12                                   PART X
 
    13    Section  1.  Subparagraphs  (ii),  (iii),  and  (vi) of paragraph a of
    14  subdivision 3 of section 667 of the education  law,  subparagraphs  (ii)
    15  and  (vi) as amended by section 1 of part B of chapter 60 of the laws of
    16  2000, subparagraph (iii) as amended by section 3 of part H of chapter 58
    17  of the laws of 2011, are amended and a new (vii) is  added  to  read  as
    18  follows:
    19    (ii)  Except for students as noted in subparagraph (iii) of this para-
    20  graph, the base amount as determined from subparagraph (i) of this para-
    21  graph, shall be reduced in relation to income as follows:
 
    22  Amount of income                      Schedule of reduction
    23                                        of base amount
 
    24  (A) Less than seven thousand          None
    25      dollars
    26  (B) Seven thousand dollars or         Seven per centum of excess
    27      more, but less than eleven        over seven thousand dollars
    28      thousand dollars
    29  (C) Eleven thousand dollars or        Two hundred eighty dollars
    30      more, but less than eighteen      plus ten per centum of excess
    31      thousand dollars                  over eleven thousand dollars
    32  (D) Eighteen thousand dollars or      Nine hundred eighty dollars
    33      more, but not more than           plus twelve per centum of
    34      [eighty] one hundred twenty-five  excess over eighteen
    35      thousand dollars                  thousand dollars
    36    (iii) (A) For students who have been  granted  exclusion  of  parental
    37  income  and were single with no dependent for income tax purposes during
    38  the tax year next preceding the academic year for which  application  is
    39  made,  the  base amount, as determined in subparagraph (i) of this para-
    40  graph, shall be reduced in relation to income as follows:
 
    41  Amount of income                    Schedule of reduction
    42                                      of base amount
 
    43  (1) Less than three thousand        None
    44      dollars
    45  (2) Three thousand dollars or       Thirty-one per centum of
    46      more, but not more than         amount in excess of three
    47      [ten] thirty thousand           thousand dollars
    48      dollars

        S. 8306--C                         79                         A. 8806--C

     1  (B) For those students who  have  been  granted  exclusion  of  parental
     2  income who have a spouse but no other dependent, for income tax purposes
     3  during  the tax year next preceding the academic year for which applica-
     4  tion is made, the base amount, as determined in subparagraph (i) of this
     5  paragraph, shall be reduced in relation to income as follows:
 
     6  Amount of income                    Schedule of reduction
     7                                      of base amount
 
     8  (1) Less than seven thousand        None
     9      dollars
    10  (2) Seven thousand dollars or       Seven per centum of excess
    11      more, but less than eleven      over seven thousand dollars
    12      thousand dollars
    13  (3) Eleven thousand dollars or      Two hundred eighty dollars
    14      more, but less than eighteen    plus ten per centum of excess
    15      thousand dollars                over eleven thousand dollars
    16  (4) Eighteen thousand dollars       Nine hundred eighty dollars
    17      or more, but not more than      plus twelve per centum of
    18      [forty] sixty thousand          excess over eighteen
    19      dollars                         thousand dollars
 
    20    (vi) For the two thousand two--two thousand three through two thousand
    21  twenty-three--twenty-four  academic  [year  and  thereafter]  years, the
    22  award shall be the net amount of the base amount determined pursuant  to
    23  subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii)
    24  or (iii) of this paragraph but the award shall not be reduced below five
    25  hundred dollars.
    26    (vii)  For  the  two  thousand  twenty-four--two  thousand twenty-five
    27  academic year and thereafter, the award shall  be  the  net  amount   of
    28  the    base amount determined  pursuant  to  subparagraph  (i)  of  this
    29  paragraph reduced pursuant to subparagraph (ii) or (iii) of  this  para-
    30  graph but the award shall not be reduced below one thousand dollars.
    31    § 2. This act shall take effect July 1, 2024.
 
    32                                   PART Y
 
    33    Section  1.  Section  410-x  of  the social services law is amended by
    34  adding a new subdivision 10 to read as follows:
    35    10. Differential payment rates for child care services shall be estab-
    36  lished as required by this subdivision;  provided  however  no  provider
    37  shall  receive  an aggregate differential in excess of a limit to be set
    38  by the regulations of the office.
    39    (a) Local social services districts  shall  establish  a  differential
    40  payment  rate for child care services provided by licensed or registered
    41  child care providers who provide care to a child or children  experienc-
    42  ing  homelessness.  Such differential payment rate shall be no less than
    43  ten percent higher but no greater than fifteen percent higher  than  the
    44  actual cost of care or the applicable market-related payment rate estab-
    45  lished by the office in regulations, whichever is less.
    46    (b)  Local  social  services  districts shall establish a differential
    47  payment rate for child care services provided by  licensed,  registered,
    48  or  enrolled  child  care  providers  who provide care to a child during
    49  nontraditional hours. Nontraditional  hours  shall  mean  care  provided
    50  other  than  between  six  o'clock  ante meridian and seven o'clock post
    51  meridian on weekdays. Such differential payment rate shall  be  no  less

        S. 8306--C                         80                         A. 8806--C
 
     1  than  ten percent higher but no greater than fifteen percent higher than
     2  the actual cost of care or the applicable  market-related  payment  rate
     3  established by the office in regulations, whichever is less.
     4    (c)  Nothing  in  this  subdivision  shall  be  construed to limit the
     5  authority of the office of children and  family  services  to  establish
     6  additional differential payment rates by regulation.
     7    §  2. This act shall take effect on the first of April next succeeding
     8  the date on which it shall have become a law.

     9                                   PART Z
 
    10    Section 1. Section 33 of chapter 277 of the laws of 2021 amending  the
    11  labor  law  relating  to  the calculation of weekly employment insurance
    12  benefits for workers who are partially unemployed, as amended by section
    13  1 of part CC of chapter 56 of the laws of 2023, is amended  to  read  as
    14  follows:
    15    §  33.  This act shall take effect on the thirtieth day after it shall
    16  have become a law; provided, however, that sections one  through  thirty
    17  of  this  act shall take effect on [the first Monday after April 1,] the
    18  first Monday after October 1, 2024 or thirty days after the commissioner
    19  of labor certifies that the department of labor has an information tech-
    20  nology system capable of  accommodating  the  amendments  in  this  act,
    21  whichever  occurs  earlier,  and shall be applicable to all claims filed
    22  and payments made after such date; provided that section  thirty-one  of
    23  this  act  shall  take  effect  on the thirtieth day after it shall have
    24  become a law and shall be applicable to new  claims  on  such  date  and
    25  thereafter  and shall be deemed repealed on the same date as the remain-
    26  ing provisions of this act take effect.  Such effective date  applicable
    27  to  sections  one  through thirty of this act may be extended in fifteen
    28  day increments upon notice and report of the reason  necessitating  such
    29  extension  from  the commissioner of labor to the temporary president of
    30  the senate and speaker of the  assembly,  provided  the  effective  date
    31  shall not be extended past February 1, 2025. In a manner consistent with
    32  the  provisions  of this section, the commissioner of labor shall notify
    33  the legislative bill  drafting  commission  upon  issuing  [his  or  her
    34  certification]  such  extensions every such fifteen days and if prior to
    35  February 1, 2025, and shall inform such commission of the date of imple-
    36  mentation of such  information  technology  system  in  order  that  the
    37  commission  may  maintain  an accurate and timely effective data base of
    38  the official text of the laws of the state of New York in furtherance of
    39  effecting the provisions of  section  44  of  the  legislative  law  and
    40  section  70-b  of the public officers law, and provided further that the
    41  amendments to subdivision 1 of section 591 of  the  labor  law  made  by
    42  section twelve of this act shall be subject to the expiration and rever-
    43  sion  of  such  subdivision pursuant to section 10 of chapter 413 of the
    44  laws of 2003, as amended, when upon such date the provisions of  section
    45  thirteen of this act shall take effect; provided further that the amend-
    46  ments  to section 591-a of the labor law made by section fifteen of this
    47  act shall not affect the repeal of such  section  and  shall  be  deemed
    48  repealed therewith.
    49    §  2.  This  act  shall take effect immediately and shall be deemed to
    50  have been in full force and effect on and after April 1, 2024.
 
    51                                   PART AA

        S. 8306--C                         81                         A. 8806--C
 
     1    Section 1. Paragraphs 1, 1-a, 2 and subparagraph (iii) of paragraph  4
     2  of  subdivision (a) of section 1174-a of the vehicle and traffic law, as
     3  added by chapter 145 of the  laws  of  2019,  are  amended  to  read  as
     4  follows:
     5    1. Notwithstanding any other provision of law, a county, city, town or
     6  village  located within a school district ("district") is hereby author-
     7  ized and empowered to adopt and amend a local law  or  ordinance  estab-
     8  lishing a demonstration program imposing monetary liability on the owner
     9  of  a vehicle for failure of an operator thereof to comply with subdivi-
    10  sion (a) of section eleven hundred seventy-four of this [chapter]  arti-
    11  cle  when meeting a school bus marked and equipped as provided in subdi-
    12  visions twenty and twenty-one-c of section three hundred seventy-five of
    13  this chapter and operated in such county,  city,  town  or  village,  in
    14  accordance  with  the  provisions  of  this  section. Such demonstration
    15  program shall empower such county, city, town or village to install  and
    16  operate  school  bus  photo  violation  monitoring  systems which may be
    17  stationary or mobile, and which may be installed, pursuant to an  agree-
    18  ment  with  a school district within such county, city, town or village,
    19  on school buses owned and operated by such school district or  privately
    20  owned  and  operated for compensation under contract with such district.
    21  Provided, however, that (a) no stationary  school  bus  photo  violation
    22  monitoring system shall be installed or operated by a county, city, town
    23  or  village  except  on  roadways under the jurisdiction of such county,
    24  city, town or village, and (b) no  mobile  school  bus  photo  violation
    25  monitoring  system  shall  be  installed  or operated on any such school
    26  buses unless such county, city, town or village and such district  enter
    27  into an agreement for such installation and operation.
    28    1-a.  Any  county,  city,  town  or  village,  located within a school
    29  district, that has adopted a local law or  ordinance  pursuant  to  this
    30  section  establishing  a demonstration program imposing liability on the
    31  owner of a vehicle for failure of an operator  thereof  to  comply  with
    32  subdivision (a) of section eleven hundred seventy-four of this [chapter]
    33  article  when  meeting  a  school bus marked and equipped as provided in
    34  subdivisions twenty and twenty-one-c of section three  hundred  seventy-
    35  five  of this chapter and operated in such county, city, town or village
    36  may enter into an agreement with the applicable school district for  the
    37  installation, maintenance and use of school bus photo violation monitor-
    38  ing  systems  on school buses pursuant to this section and section twen-
    39  ty-two of the chapter of the laws of two thousand nineteen  which  added
    40  this section, for the proper handling and custody of photographs, micro-
    41  photographs, videotapes, other recorded images and data produced by such
    42  systems,  and  for the forwarding of such photographs, microphotographs,
    43  videotapes, other recorded images and data  to  the  applicable  county,
    44  city,  town  or  village.  Any agreement entered into hereunder shall be
    45  approved by each participating county, city, town or village by a major-
    46  ity vote of the voting strength of its governing body and by  resolution
    47  of the district pursuant to section sixteen hundred four, section seven-
    48  teen  hundred  nine,  section twenty-five hundred three, section twenty-
    49  five hundred fifty-four or section twenty-five hundred ninety-h  of  the
    50  education  law,  as applicable. Provided, however, that where a district
    51  has entered an agreement as provided hereunder with a county, no cities,
    52  towns or villages within the same county may enter into, or be  a  party
    53  to,  any agreement with such district pursuant to this section. Provided
    54  further, however, that no county shall enter an agreement with any  city
    55  school  district wholly contained within a city. Nothing in this section
    56  shall be construed to prevent a county, city, town, village or  district

        S. 8306--C                         82                         A. 8806--C
 
     1  at  any time to withdraw from or terminate an agreement entered pursuant
     2  to this section and section twenty-two  of  [the]  chapter  one  hundred
     3  forty-five  of the laws of [2019] two thousand nineteen which added this
     4  section.
     5    2. Any image or images captured by school bus photo violation monitor-
     6  ing  systems  shall  be  inadmissible  in  any  disciplinary  proceeding
     7  convened by any school district or any school  bus  contractor  thereof,
     8  and any proceeding initiated by the department involving licensure priv-
     9  ileges  of school bus operators. Any school bus photo violation monitor-
    10  ing device mounted on a school bus shall be directed outwardly from such
    11  school bus to capture images of vehicles operated in violation of subdi-
    12  vision (a) of section eleven  hundred  seventy-four  of  this  [chapter]
    13  article,  and  images  produced by such device shall not be used for any
    14  other purpose.
    15    (iii) the installation of signage in conformance with standards estab-
    16  lished in the MUTCD at each roadway entrance of the jurisdictional boun-
    17  daries of such county, city, town or village giving notice  that  school
    18  bus  photo violation monitoring systems are used to enforce restrictions
    19  on vehicles violating subdivision (a) of section eleven  hundred  seven-
    20  ty-four  of this [chapter] article.  For the purposes of this paragraph,
    21  the term "roadway" shall not include state expressway  routes  or  state
    22  interstate routes but shall include controlled-access highway exit ramps
    23  that  enter  the  jurisdictional  boundaries  of a county, city, town or
    24  village; and
    25    § 2. Paragraph 2 of subdivision (k) of section 1174-a of  the  vehicle
    26  and traffic law, as added by chapter 145 of the laws of 2019, is amended
    27  to read as follows:
    28    2.  Notwithstanding any other provision of this section, no owner of a
    29  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    30  section if the operator of such vehicle was operating such vehicle with-
    31  out  the consent of the owner at the time such operator failed to comply
    32  with subdivision (a) of section  eleven  hundred  seventy-four  of  this
    33  [chapter]  article.  For  purposes  of this subdivision there shall be a
    34  presumption that the operator of such vehicle was operating such vehicle
    35  with the consent of the owner at the time such operator failed to comply
    36  with subdivision (a) of section  eleven  hundred  seventy-four  of  this
    37  [chapter] article.
    38    § 3. Subdivision (d) of section 1174-a of the vehicle and traffic law,
    39  as  added  by  chapter  145  of  the laws of 2019, is amended to read as
    40  follows:
    41    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    42  the  county,  city,  town  or  village  in  which  the charged violation
    43  occurred, or a facsimile thereof, based upon inspection of  photographs,
    44  microphotographs,  videotape  or  other  recorded  images  produced by a
    45  school bus photo violation monitoring system,  and  other  documents  or
    46  declarations  pertaining to inspections by the department of transporta-
    47  tion, shall be prima facie evidence of the facts contained therein. Such
    48  certificate, or a facsimile thereof, shall  provide  the  identification
    49  number  of  the  school  bus  photo  violation  monitoring  system which
    50  recorded the violation, a statement confirming that  at  the  time  such
    51  violation  was  recorded  by  such school bus photo violation monitoring
    52  system, such school bus photo violation monitoring system was  installed
    53  on  a  school bus marked and equipped as provided in subdivisions twenty
    54  and twenty-one-c of section three hundred seventy-five of  this  chapter
    55  as evidenced by a valid certificate of inspection  issued to such school
    56  bus  by the department of transportation pursuant to section one hundred

        S. 8306--C                         83                         A. 8806--C
 
     1  forty of the transportation law and the  safety  rules  and  regulations
     2  promulgated thereunder, and the registration number of the school bus to
     3  which  such  school  bus photo violation monitoring system was attached.
     4  Any  photographs,  microphotographs,  videotape or other recorded images
     5  evidencing such a violation  shall  include  a  recorded  image  of  the
     6  outside  of  the motor vehicle involved in such violation, the registra-
     7  tion number of such vehicle, at least one activated school bus stop-arm,
     8  and an electronic indicator or indicators showing the activation of  the
     9  flashing  red  signal  lamps  of  the school bus to which the school bus
    10  photo violation monitoring system producing such photographs,  micropho-
    11  tographs,  videotape  or other recorded images was installed at the time
    12  such violation occurred, and shall be available for  inspection  in  any
    13  proceeding  to adjudicate the liability for such violation pursuant to a
    14  local law or ordinance adopted pursuant to this section. Where  recorded
    15  images from a school bus photo violation monitoring system attached to a
    16  school  bus,  as  certified pursuant to this subdivision, show the acti-
    17  vation of at least one school bus stop-arm and an  electronic  indicator
    18  or indicators as required pursuant to this subdivision, there shall be a
    19  rebuttable  presumption that such school bus was stopped for the purpose
    20  of receiving or discharging any passengers or because a  school  bus  in
    21  front  of  it  had  stopped  to  receive  or discharge any passengers. A
    22  certificate, sworn to or affirmed by a technician employed by the  coun-
    23  ty,  city, town or village in which the charged violation occurred, or a
    24  facsimile thereof, after reviewing evidence that on the day the  charged
    25  violation occurred such school bus had a valid certificate of inspection
    26  issued  by  the  department  of  transportation  pursuant to section one
    27  hundred forty of the transportation law and the safety rules  and  regu-
    28  lations  promulgated thereunder, shall be prima facie evidence that such
    29  school bus was marked and equipped as provided  in  subdivisions  twenty
    30  and  twenty-one-c  of section three hundred seventy-five of this chapter
    31  and the flashing red signal lamp of such school bus was in operation  at
    32  the time the violation occurred.
    33    §  4.  Paragraph 2 of subdivision (g) of section 1174-a of the vehicle
    34  and traffic law, as added by chapter 145 of the laws of 2019, is amended
    35  to read as follows:
    36    2. A notice of liability shall contain the name  and  address  of  the
    37  person  alleged  to be liable as an owner for a violation of subdivision
    38  (a) of section eleven hundred seventy-four of this article  pursuant  to
    39  this  section,  the  registration number of the vehicle involved in such
    40  violation, the location where such violation took place,  the  date  and
    41  time  of such violation [and], the identification number of the [camera]
    42  school  bus  photo  violation  monitoring  system  which  recorded   the
    43  violation  or other document locator number, and the registration number
    44  of the school bus on which the school  bus  photo  violation  monitoring
    45  system which recorded the violation was installed.
    46    § 5. The opening paragraph of section 25 of chapter 145 of the laws of
    47  2019  amending  the vehicle and traffic law relating to school bus photo
    48  violation monitoring systems and owner liability for failure of operator
    49  to stop for a school bus displaying a red visual signal, is  amended  to
    50  read as follows:
    51    This  act  shall  take effect on the thirtieth day after it shall have
    52  become a law and shall expire December 1, [2024]  2029  when  upon  such
    53  date  the provisions of this act shall be deemed repealed; provided that
    54  any such local law as may be enacted pursuant to this act  shall  remain
    55  in  full  force  and  effect  only  until  December  1,  [2024] 2029 and
    56  provided, further, that:

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     1    § 6. This act shall take effect immediately; provided,  however,  that
     2  the  amendments to section 1174-a of the vehicle and traffic law made by
     3  sections one, two, three and four of  this  act  shall  not  affect  the
     4  repeal of such section and shall be deemed repealed therewith.
 
     5                                   PART BB
 
     6    Section  1.  The insurance law is amended by adding a new section 3462
     7  to read as follows:
     8    § 3462. Affordable housing underwriting and rating.   (a)  An  insurer
     9  that  issues  or  delivers  in this state a policy of insurance covering
    10  loss of or damage to real  property  containing  units  for  residential
    11  purposes or legal liability of an owner of such real property, shall not
    12  inquire  about on an application, nor shall an insurer cancel, refuse to
    13  issue, refuse to renew or increase the premium of a policy, or  exclude,
    14  limit, restrict, or reduce coverage under a policy based on, the follow-
    15  ing:
    16    (1)  The  residential  building  contains dwelling units that shall be
    17  affordable to residents at a specific income level pursuant to  a  stat-
    18  ute, regulation, restrictive declaration, or regulatory agreement with a
    19  local, state, or federal government entity;
    20    (2) The real property owner or tenants of such residential building or
    21  the  shareholders  of  a  cooperative housing corporation receive rental
    22  assistance provided by a local, state,  or  federal  government  entity,
    23  including,  but  not  limited to, the receipt of federal vouchers issued
    24  under section eight of the United States Housing Act of 1937(42 U.S.C. §
    25  1437f);
    26    (3) The level or source of income of the tenants  of  the  residential
    27  building or the shareholders of a cooperative housing corporation; or
    28    (4)  Whether  such  residential  building is owned by a limited-equity
    29  cooperative; owned by a public housing authority; or owned by a  cooper-
    30  ative  housing  corporation  subject  to  the provisions of article two,
    31  article four, article five or article  eleven  of  the  private  housing
    32  finance law.
    33    (b)  Nothing in this section shall prohibit an insurer from canceling,
    34  refusing  to  issue, refusing to renew, or increasing  the  premium  of,
    35  an  insurance  policy,  or excluding, limiting, restricting, or reducing
    36  coverage under such policy, due to other factors that are  permitted  or
    37  not prohibited by any other section of this chapter.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART CC
 
    40    Section 1. Section 370 of the education law is amended by adding a new
    41  subdivision 6-a to read as follows:
    42    6-a.  "Large-scale  construction  project"  shall mean any project for
    43  which the total estimated cost of  the  contract  or  contracts  is  ten
    44  million dollars or more that is:
    45    (a)  a  project  performed under the approved master plan of the state
    46  university submitted pursuant to subdivision thirteen of  section  three
    47  hundred fifty-five of this chapter; or
    48    (b)  which  involves  the  construction,  acquisition, reconstruction,
    49  rehabilitation or improvement of  academic  buildings,  dormitories  and
    50  other  facilities,  with respect to university-related economic develop-
    51  ment projects authorized by law pursuant to section three hundred seven-
    52  ty-two-a of this article.

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     1    § 2. Section 376 of the education law  is  amended  by  adding  a  new
     2  subdivision 11 to read as follows:
     3    11.  (a)  Each  contract  involving  the  awarding  of  a  large-scale
     4  construction project shall require the use of a project labor agreement,
     5  as defined in subdivision one of section two hundred twenty-two  of  the
     6  labor  law,  for  all  contractors  and  subcontractors  on the project,
     7  consistent with paragraph (a) of subdivision two of section two  hundred
     8  twenty-two  of  the labor law, except as otherwise provided in paragraph
     9  (b) of this subdivision.
    10    (b) The fund shall not be required to use a  project  labor  agreement
    11  where it determines that such agreement would be inconsistent with para-
    12  graph  (a)  of  subdivision two of section two hundred twenty-two of the
    13  labor law or state competitive bidding laws.    Any  such  determination
    14  shall  be  provided  in  a  written explanation for a particular project
    15  contract by the solicitation date.  The goals and requirements of  arti-
    16  cle  fifteen-A  of  the  executive  law and article three of the veteran
    17  services law shall apply to all project labor agreements.
    18    (c) An agency may require the use of  a  project  labor  agreement  on
    19  construction projects where the total cost to the fund is less than that
    20  for a large-scale construction project, if consistent with paragraph (a)
    21  of subdivision two of section two hundred twenty-two of the labor law.
    22    § 3. This act shall take effect January 1, 2025 and shall apply to all
    23  large-scale  construction projects for which a bid advertisement has not
    24  been published in the contract reporter as of such effective date.
 
    25                                   PART DD
 
    26    Section 1. Short title. This act shall be known and may  be  cited  as
    27  the "city of Dunkirk fiscal recovery act".
    28    §  2.  Definitions. As used in this act, the following words and terms
    29  shall have the following meanings respectively, unless  the  text  shall
    30  indicate another or different meaning or intent:
    31    (a)  "Budget" means a current operating budget of the city prepared or
    32  adopted pursuant to general, special or  local  law,  being  the  annual
    33  budget  and estimate of expenditures to be made during a fiscal year for
    34  the general support and current expenses of the government of  the  city
    35  to  be  paid  from taxes or assessments or other current revenues of the
    36  city for such year.
    37    (b) "City" means the city of Dunkirk, in the county of Chautauqua.
    38    (c) "City treasurer" means the treasurer of the city.
    39    (d) "City council" means the city council of the city.
    40    (e) "City fiscal affairs officer" means the city fiscal affairs  offi-
    41  cer of the city.
    42    (f)  "City taxes" means and includes all taxes on real property levied
    43  and assessed by the city, based on valuation thereof and shall not  mean
    44  any rent, rate, fee, special assessment or other charge based on benefit
    45  or use.
    46    (g)  "Collecting  officer"  means the officer empowered to collect and
    47  receive city taxes.
    48    (h) "Deficit bonds" means the bonds authorized to be issued by section
    49  three of this act.
    50    (i) "Deficit notes" means bond anticipation  notes  issued  in  antic-
    51  ipation of the issuance of deficit bonds.
    52    (j)  "Financial  plan" means the three-year financial plan required by
    53  section nine of this act.
    54    (k) "Fiscal year" means the fiscal year of the city.

        S. 8306--C                         86                         A. 8806--C
 
     1    (l) "Mayor" means the mayor of the city.
     2    (m)  "Outstanding",  when used with respect to obligations of the city
     3  as of any particular date, means all obligations of the city theretofore
     4  issued and thereupon being issued except any obligation theretofore paid
     5  and discharged or for the payment of the principal of  and  interest  on
     6  which  money is held by or on behalf of the city, in trust solely and in
     7  all events only for the purpose and sufficient to pay in full the  prin-
     8  cipal  and  redemption  premium,  if  any, of and interest on such obli-
     9  gations.
    10    (n) "Special debt service" means, with respect to a fiscal  year,  the
    11  amounts  required  for  the  timely  payment of (i) all principal due or
    12  becoming due and payable in said year with respect to any serial  bonds,
    13  tax  anticipation  notes, capital notes or budget notes of the city, and
    14  all principal amortization for said year required by law with respect to
    15  bond anticipation notes or other securities of the city, and not specif-
    16  ically mentioned in paragraph (ii) of this subdivision, (ii) all  inter-
    17  est  due  or  becoming  due and payable in said year with respect to any
    18  serial bonds, bond anticipation notes, tax anticipation  notes,  revenue
    19  anticipation  notes,  capital notes, budget notes or other securities of
    20  the city not specifically mentioned herein, and (iii) all  sinking  fund
    21  contributions  required  in  said  year with respect to any sinking fund
    22  bonds.
    23    (o) "Special debt service fund" means the fund which is  held  by  the
    24  state  comptroller and is described and provided for in section thirteen
    25  of this act.
    26    (p) "State aid" means all aid and incentives for municipalities pursu-
    27  ant to section 54 of the state finance law, any successor  type  of  aid
    28  and any new aid appropriated by the state as local government assistance
    29  for the benefit of the city.
    30    (q)  "State  comptroller" means the comptroller of the state, pursuant
    31  to their authority to supervise the accounts of any  political  subdivi-
    32  sion of the state.
    33    Unless  the context specifically provides otherwise, any terms used in
    34  this act such as revenues, expenditures or expenses shall  be  construed
    35  as  such term is construed under applicable accounting principles incor-
    36  porated in the uniform system of accounts prescribed by the state  comp-
    37  troller.
    38    § 3. Deficit bond and deficit note issuance authorization. The city is
    39  hereby authorized to issue bonds, subject to the provisions of this act,
    40  on  or before December 31, 2025, in an aggregate principal amount not to
    41  exceed eighteen million  five  hundred  thousand  dollars  ($18,500,000)
    42  (exclusive  of  the costs and expenses incidental to the issuance of the
    43  bonds authorized to be issued by this section) for the  specific  object
    44  or  purpose  of  liquidating  actual deficits in its general fund, water
    45  fund, sewer fund, and the capital projects fund existing at the close of
    46  its 2024 fiscal year. In anticipation of the  issuance  of  such  bonds,
    47  deficit notes are hereby authorized to be issued.
    48    §  4.  Period  of probable usefulness established. It is hereby deter-
    49  mined that the financing of the deficits described in section  three  of
    50  this  act is an object or purpose of the city for which indebtedness may
    51  be incurred, the period of probable usefulness of which is hereby deter-
    52  mined to be fifteen years, computed from the date of such deficit  bonds
    53  or  from the date of the first deficit notes, whichever date is earlier.
    54  Such deficit bonds and deficit notes shall be general obligations of the
    55  city, to which the faith and credit of the city is pledged, and the city

        S. 8306--C                         87                         A. 8806--C
 
     1  shall make an annual appropriation sufficient to pay  the  principal  of
     2  and interest on such obligations as the same shall become due.
     3    §  5.  Certification of deficit. No deficit bonds may be issued unless
     4  and until the state comptroller  shall  first  review  and  confirm  the
     5  existence  of  the  deficits  described in section three of this act, as
     6  well as certify the amount of the deficits. As soon as practicable after
     7  the effective date of this act, but in no event prior to  the  close  of
     8  the  city's  2024 fiscal year, the city shall prepare a report detailing
     9  the amount and cause of the deficit and submit to the state  comptroller
    10  such  report,  together  with  the independent audit report for its last
    11  completed fiscal year and such other  information  as  the  state  comp-
    12  troller  may  deem  necessary.  Within  thirty  days after receiving all
    13  necessary reports and information, the state comptroller shall:
    14    (a) perform such reviews as may be necessary;
    15    (b) confirm the existence and certify the amount of the deficits; and
    16    (c) provide notification to the city fiscal affairs officer, the  city
    17  treasurer, the mayor and the city council as to the existence and amount
    18  of any such deficits.
    19    § 6. Limit on amount of deficit bonds. Deficit bonds may not be issued
    20  in  an  amount exceeding the amount of such deficits as certified by the
    21  state comptroller. If the city issues deficit notes prior to a  determi-
    22  nation  by the state comptroller pursuant to section five of this act in
    23  an amount in excess of the amount of such deficits as confirmed  by  the
    24  state  comptroller,  the  city  shall, from funds other than proceeds of
    25  bonds or bond anticipation notes, either redeem such  deficit  notes  in
    26  the  amount by which the amount of such deficit notes exceeds the amount
    27  of such deficits as confirmed by the state comptroller or deposit a  sum
    28  equal  to  the  amount  by which such deficit notes exceed the amount of
    29  such deficits as confirmed by the state  comptroller  into  the  special
    30  debt service fund.
    31    § 7. Quarterly budget reports and trial balances. For each fiscal year
    32  during  the effective period of this act, the city treasurer shall moni-
    33  tor budgets of the city and, for each budget, prepare a quarterly report
    34  of summarized budget data depicting overall trends  of  actual  revenues
    35  and  budget  expenditures  for  the entire budget rather than individual
    36  line items. Such reports shall compare revenue estimates  and  appropri-
    37  ations as set forth in such budget with the actual revenues and expendi-
    38  tures  made  to  date.  All  quarterly reports shall be accompanied by a
    39  recommendation by the city fiscal  affairs  officer  setting  forth  any
    40  remedial  action  necessary  to  resolve any unfavorable budget variance
    41  including the overestimation of  revenues  and  the  underestimation  of
    42  appropriations,  and shall be completed within thirty days of the end of
    43  each quarter. The city treasurer shall also prepare,  as  part  of  such
    44  report,  a quarterly trial balance of general ledger accounts. The above
    45  quarterly budgetary  reports  and  quarterly  trial  balances  shall  be
    46  prepared  in  accordance  with applicable accounting principles incorpo-
    47  rated in the uniform system of accounts prescribed by  the  state  comp-
    48  troller.  These  reports  shall  be submitted to the city fiscal affairs
    49  officer, the mayor, the city council, the state director of the  budget,
    50  the  state comptroller, the chair of the assembly ways and means commit-
    51  tee, and the chair of the senate finance committee.
    52    § 8. Budget review by state comptroller. During the  effective  period
    53  of  this  act, the city fiscal affairs officer shall submit the proposed
    54  budget for the next succeeding fiscal year to the state  comptroller  no
    55  later  than thirty days before the date scheduled for the city council's
    56  vote on the adoption of the final budget or the last date on  which  the

        S. 8306--C                         88                         A. 8806--C
 
     1  budget  may  be  finally  adopted,  whichever is sooner. The state comp-
     2  troller shall examine such proposed budget and make such recommendations
     3  as deemed appropriate thereon to the city prior to the adoption  of  the
     4  budget,  but  no  later  than ten days before the date scheduled for the
     5  city council's vote on the adoption of the final budget or the last date
     6  on which the budget must be adopted, whichever is sooner. Such recommen-
     7  dations shall be made after examination into the estimates  of  revenues
     8  and  expenditures of the city. The city council, no later than five days
     9  prior to the adoption of the budget, shall review any  such  recommenda-
    10  tions  and  make  adjustments to the proposed budget consistent with any
    11  recommendations made by the state comptroller.
    12    § 9. Multiyear financial plans. During the effective  period  of  this
    13  act,  the  city  fiscal  affairs  officer  shall prepare, along with the
    14  proposed budget for the next succeeding fiscal year, a three-year finan-
    15  cial plan covering the next succeeding fiscal year and  the  two  fiscal
    16  years  thereafter.  The  financial  plan  shall,  at  a minimum, contain
    17  projected employment levels, projected annual expenditures for  personal
    18  service, fringe benefits, non-personal services and debt service; appro-
    19  priate reserve fund amounts; estimated annual revenues including projec-
    20  tion  of  property tax rates, the value of the taxable real property and
    21  resulting tax levy, annual growth in  sales  tax  and  non-property  tax
    22  revenues;  and  the proposed use of one-time revenue sources. The finan-
    23  cial plan shall also identify actions necessary to achieve and  maintain
    24  long-term  fiscal  stability,  including,  but  not limited to, improved
    25  management  practices,  initiatives  to  minimize  or  reduce  operating
    26  expenses,  and  potential  shared services agreements with other munici-
    27  palities. Within thirty days following the adoption by the city  council
    28  of  the  budget  for  the  next  succeeding  fiscal  year  and  upon the
    29  completion of each quarterly budget report pursuant to section seven  of
    30  this  act,  the  city  fiscal affairs officer shall update the financial
    31  plan consistent with  such  adopted  budget  or  such  quarterly  budget
    32  report. Copies of the financial plan and any update shall be provided to
    33  the  city  treasurer, the mayor, the city council, the state director of
    34  the budget, the state comptroller, the chair of the  assembly  ways  and
    35  means committee, and the chair of the senate finance committee.
    36    §  10.  State  comptroller to comment on further debt issuance. During
    37  the effective period of this act, the city treasurer  shall  notify  the
    38  state  comptroller  at  least  fifteen days prior to the issuance of any
    39  bonds or notes or entering into any installment purchase  contract,  and
    40  the  state comptroller may review and make recommendations regarding the
    41  affordability to the city of any such proposed issuance or contract.
    42    § 11. Private sale of bonds authorized. To facilitate the marketing of
    43  (a) deficit bonds, (b) any bonds issued to refund  such  deficit  bonds,
    44  and (c) any other bonds to be issued on or before December 31, 2025, the
    45  city  may,  notwithstanding any limitation on the private sales of bonds
    46  provided by law and subject to the approval of the state comptroller  of
    47  the terms and conditions of such sales:
    48    (1) arrange for the underwriting of such bonds at private sale through
    49  negotiated fees or by sale of such bonds to an underwriter; or
    50    (2)  arrange  for  the  private  sale of such bonds through negotiated
    51  agreement, with compensation for such sales to be provided by negotiated
    52  agreement and/or negotiated fee, if required.
    53    The cost of such underwriting or private placement shall be deemed  to
    54  be a preliminary cost for purposes of section 11.00 of the local finance
    55  law.

        S. 8306--C                         89                         A. 8806--C
 
     1    §  12. Exceptions to the local finance law. Except as provided in this
     2  act, all proceedings in connection with the  issuance  of  such  deficit
     3  bonds  or  deficit  notes  shall be had and taken in accordance with the
     4  provisions of the local finance law, provided, however, that any  resol-
     5  ution  or  resolutions  authorizing  the  issuance of such bonds or bond
     6  anticipation notes shall not be subject to (a) any mandatory or  permis-
     7  sive  referendum,  (b)  the  provisions  of  section 107.00 of the local
     8  finance law with respect to any requirements for a down payment and  (c)
     9  the provisions of section 10.10 of the local finance law.
    10    §  13. Special debt service fund. (a) Upon the issuance of any deficit
    11  bonds or deficit notes, the city council shall establish and  thereafter
    12  maintain  a special debt service fund with the state comptroller for the
    13  purpose of paying the special debt service due or becoming due in subse-
    14  quent fiscal years. Such special debt service fund shall be discontinued
    15  upon the expiration of the effectiveness of this act,  and  any  balance
    16  remaining in the special debt service fund at that time shall be paid by
    17  the  state  comptroller to the city treasurer for use by the city in the
    18  manner provided by law.
    19    (b) The state comptroller shall deposit and pay into the special  debt
    20  service  fund  any  portion of state aid as the state comptroller deter-
    21  mines necessary to ensure sufficient moneys are available to make sched-
    22  uled special debt service payments from the special  debt  service  fund
    23  over  the  succeeding  twelve  month period taking account of the city's
    24  receipt of city taxes and state aid during such twelve month period  and
    25  the  availability of other amounts appropriated or set aside by the city
    26  to make such payments. Thereafter, the state comptroller shall, as  soon
    27  as practicable, pay over the remainder of any such state aid to the city
    28  treasurer for use by the city in the manner provided by law.
    29    (c)  Not  later than the first day of each fiscal year beginning after
    30  issuance of any deficit bonds or deficit notes, the city treasurer shall
    31  certify to the state comptroller the percentage obtained by dividing the
    32  balance obtained by subtracting the amount of the appropriation for such
    33  year for a reserve for uncollected taxes from the total amount  of  city
    34  taxes levied and assessed for such year, into the total appropriation in
    35  the  budget of such year for special debt service, and the percentage so
    36  certified shall constitute the debt service percentage for  such  fiscal
    37  year. Immediately upon receipt of any payment during such fiscal year of
    38  or  on  account  of any city taxes, the city, its collecting officer and
    39  any agent receiving the same shall remit such payment to the state comp-
    40  troller. Of each sum so received, the state  comptroller  shall  deposit
    41  and  pay into the special debt service fund the portion thereof equal to
    42  the debt service percentage of the total sum, and shall deposit and  pay
    43  into  the  fund  such additional amounts as the state comptroller deter-
    44  mines necessary to ensure sufficient moneys are available to make sched-
    45  uled special debt service payments from the special  debt  service  fund
    46  over  the succeeding twelve month period taking account of the timing of
    47  the city's receipt of city taxes and state aid during such twelve  month
    48  period  and  the availability of other amounts appropriated or set aside
    49  by the city to make such payments.  Thereafter,  the  state  comptroller
    50  shall, as soon as practicable, pay over the remainder of such sum to the
    51  city treasurer for use by the city in the manner provided by law.
    52    (d)  The  moneys in the special debt service fund shall be invested in
    53  the manner  provided  by  section  11  of  the  general  municipal  law,
    54  provided,  however, that the investments shall be made for and on behalf
    55  of the city by the state comptroller upon instructions  from  the  chief
    56  fiscal  officer  of  the  city which shall be consistent with the city's

        S. 8306--C                         90                         A. 8806--C

     1  investment policy adopted pursuant to section 39 of the general  munici-
     2  pal law.
     3    (e)  The  state comptroller shall from time to time during each fiscal
     4  year withdraw from the special debt service fund  all  amounts  required
     5  for  the  payment as the same becomes due of all special debt service of
     6  such fiscal year and cause the amounts so withdrawn  to  be  applied  to
     7  such payments as and when due.
     8    (f) The special debt service fund and all monies or securities therein
     9  or payable thereto in accordance with this section is hereby declared to
    10  be  city property devoted to essential governmental purposes and accord-
    11  ingly, shall not be applied to any purpose other than as provided herein
    12  and shall not be  subject  to  any  order,  judgment,  lien,  execution,
    13  attachment,  setoff  or  counterclaim  by any creditor of the city other
    14  than a creditor for whose benefit such fund  is  established  and  main-
    15  tained and entitled thereto under and pursuant to this act.
    16    §  14.  Agreement  with the state. (a) The state does hereby pledge to
    17  and agree with the holders of any  bonds,  notes  or  other  obligations
    18  issued  by  the city during the effective period of this act and secured
    19  by such a pledge that the state will not  limit,  alter  or  impair  the
    20  rights  hereby vested in the city to fulfill the terms of any agreements
    21  made with such holders pursuant to this act, or in any  way  impair  the
    22  rights  and  remedies  of  such  holders or the security for such bonds,
    23  notes or other obligations until such bonds, notes or other  obligations
    24  together  with  the  interest  thereon  and  all  costs  and expenses in
    25  connection with any action or proceeding by or on behalf of  such  hold-
    26  ers,  are  fully  paid and discharged. The city is authorized to include
    27  this pledge and agreement of the state in any agreement with the holders
    28  of such bonds, notes or other obligations. Nothing contained in this act
    29  shall be deemed to (i) obligate the state to make any payments or impose
    30  any taxes to satisfy the debt service  obligations  of  the  city,  (ii)
    31  restrict  any  right  of the state to amend, modify, repeal or otherwise
    32  alter (A) section 54 of the state finance law  or  any  other  provision
    33  relating  to state aid, or (B) statutes imposing or relating to taxes or
    34  fees, or appropriations relating thereto, or (iii) create a debt of  the
    35  state  within the meaning of any constitutional or statutory provisions.
    36  The city shall not include in any resolution, contract or agreement with
    37  holders of such bonds, notes or other obligations  any  provision  which
    38  provides  that an event of default occurs as a result of the state exer-
    39  cising its rights described in paragraph (ii) of this subdivision.
    40    (b) Any provision with respect to state aid shall be deemed  executory
    41  only  to  the  extent  of  moneys  available,  and no liability shall be
    42  incurred by the state beyond the moneys available for that purpose,  and
    43  any  such payment by the state comptroller of state aid shall be subject
    44  to annual appropriation of state aid by the state legislature.
    45    § 15. Rights of the state comptroller  and  bondholders.  (a)  In  the
    46  event that the city shall fail to comply with any provision of this act,
    47  and  such non-compliance shall continue for a period of 30 days, (1) the
    48  state comptroller acting alone, or (2) a duly  appointed  representative
    49  of  the  holders of at least 25 per centum in aggregate principal amount
    50  of (i) any series of deficit bonds or deficit notes, (ii) any series  of
    51  bonds issued to refund such deficit bonds or deficit notes, or (iii) any
    52  other  series  of notes or bonds issued by the city during the effective
    53  period of this act, by instrument or instruments filed in the office  of
    54  the  clerk  of  Chautauqua county and proved or acknowledged in the same
    55  manner as a deed to be recorded, may  bring  an  action  or  commence  a
    56  proceeding  in  accordance  with the civil practice law and rules to (A)

        S. 8306--C                         91                         A. 8806--C
 
     1  require the city to carry out any of its obligations under this  act  or
     2  (B)  enjoin  any acts or things which may be unlawful or in violation of
     3  the obligations imposed on the city under this  act.  In  addition,  the
     4  duly  appointed  representative of the bondholders of any such series of
     5  notes or bonds may bring an action or commence a proceeding  in  accord-
     6  ance  with the civil practice law and rules to enforce the rights of the
     7  holders of such series of notes or bonds.
     8    (b) The supreme court in the county of Chautauqua shall have jurisdic-
     9  tion of any action or proceeding by the state comptroller or the  repre-
    10  sentative of such bondholders.
    11    § 16. Severability clause. If any clause, sentence, paragraph, section
    12  or  part  of this act shall be adjudged by any court of competent juris-
    13  diction to be invalid, such judgment shall not affect, impair or invali-
    14  date the remainder thereof, but shall be confined in  its  operation  to
    15  the clause, sentence, paragraph, section or part involved in the contro-
    16  versy in which such judgment shall have been rendered. The provisions of
    17  this  act shall be liberally construed to assist the effectuation of the
    18  public purposes furthered hereby.
    19    § 17. This act shall take effect immediately; and shall remain in full
    20  force and effect until the fifteenth anniversary of the  date  of  first
    21  issuance  of  deficit  bonds or deficit notes pursuant to this act, when
    22  upon such date the provisions of this act shall be deemed repealed;  and
    23  provided,  however, that the state comptroller shall notify the legisla-
    24  tive bill drafting commission upon the occurrence of this act  in  order
    25  that  the  commission may maintain an accurate and timely effective data
    26  base of the official text of the laws of the state of New York in furth-
    27  erance of effectuating the provisions of section 44 of  the  legislative
    28  law and section 70-b of the public officers law.
 
    29                                   PART EE

    30    Section  1.  The  real  property  tax  law  is amended by adding a new
    31  section 421-p to read as follows:
    32    § 421-p. Exemption of newly-constructed or converted  rental  multiple
    33  dwellings.  1.    (a) A city, town or village may, by local law, provide
    34  for the exemption of rental multiple dwellings constructed or  converted
    35  in a benefit area designated in such local law from taxation and special
    36  ad  valorem  levies,  as  provided  in  this  section. Subsequent to the
    37  adoption of such a local law, any other municipal corporation  in  which
    38  the designated benefit area is located may likewise exempt such property
    39  from  its taxation and special ad valorem levies by local law, or in the
    40  case of a school district, by resolution.
    41    (b) As used in this section, the term "benefit area"  means  the  area
    42  within  a  city,  town  or village, designated by local law, to which an
    43  exemption, established pursuant to this section, applies.
    44    (c) The term "rental multiple dwelling" means a structure, other  than
    45  a  hotel,  consisting  of  ten  or more dwelling units, where all of the
    46  units are rented for residential purposes, and  twenty-five  percent  of
    47  such  units, upon initial rental and upon each subsequent rental follow-
    48  ing  a  vacancy  during  the  benefit  period,  are  affordable  to  and
    49  restricted  to  occupancy  by  individuals  or  families whose household
    50  income does not exceed a weighted average of no less than sixty  percent
    51  of  the  area  median income and no more than eighty percent of the area
    52  median income, adjusted for family size, at the time  that  such  house-
    53  holds initially occupy such dwelling units, provided further that all of
    54  the income restricted units upon initial rental and upon each subsequent

        S. 8306--C                         92                         A. 8806--C
 
     1  rental  following  a  vacancy  during the restriction period or extended
     2  restriction period, as applicable, shall be affordable to and restricted
     3  to occupancy by individuals or families whose household income does  not
     4  exceed one hundred percent of the area median income, adjusted for fami-
     5  ly size, at the time that such households initially occupy such dwelling
     6  units.  Provided  further,  that  any local law authorizing an exemption
     7  pursuant to this section may provide for the area median income weighted
     8  average within the amounts set forth in this paragraph. Such restriction
     9  period shall be in effect coterminous with the benefit period, provided,
    10  however, that the tenant or tenants in  an  income  restricted  dwelling
    11  unit  at  the  time such restriction period ends shall have the right to
    12  lease renewals at the income restricted level until such  time  as  such
    13  tenant or tenants permanently vacate the dwelling unit.
    14    2.  Eligible  newly-constructed or converted rental multiple dwellings
    15  in a designated benefit area shall be wholly exempt from taxation  while
    16  under  construction,  subject to a maximum of three years. Such property
    17  shall then be exempt for an  additional  period  of  twenty-five  years,
    18  provided, that the exemption percentage during such additional period of
    19  twenty-five  years  shall begin at ninety-six percent and shall decrease
    20  by four percent each year thereafter. Provided, however:
    21    (a) Taxes shall be paid during the exemption period in  an  amount  at
    22  least  equal to the taxes paid on such land and any improvements thereon
    23  during the tax year preceding the commencement of such exemption.
    24    (b) No other  exemption  may  be  granted  concurrently  to  the  same
    25  improvements under any other section of law.
    26    3.   To  be  eligible  for  exemption  under  this  section,  any  new
    27  construction shall take place on vacant, predominantly vacant or underu-
    28  tilized land, or on land improved with a non-conforming use or  on  land
    29  containing one or more substandard or structurally unsound dwellings, or
    30  a  dwelling  that  has  been certified as unsanitary by the local health
    31  agency. The provisions of this subdivision shall not apply  to  any  new
    32  conversions undertaken pursuant to this section.
    33    4.  Application  for  exemption  under this section shall be made on a
    34  form prescribed by the commissioner and filed with the  assessor  on  or
    35  before the applicable taxable status date.
    36    5.  In  the case of a newly constructed or converted property which is
    37  used partially as a rental multiple dwelling and partially  for  commer-
    38  cial  or  other  purposes, the portion of the property that is used as a
    39  rental multiple dwelling shall be eligible for the exemption  authorized
    40  by this section if:
    41    (a) The square footage of the portion used as a rental multiple dwell-
    42  ing  represents  at  least  fifty  percent  of the square footage of the
    43  entire property;
    44    (b) The rental units are affordable  to  individuals  or  families  as
    45  determined  according  to  the  criteria  set  forth in paragraph (c) of
    46  subdivision one of this section; and
    47    (c) The requirements of this  section  are  otherwise  satisfied  with
    48  respect  to the portion of the property used as a rental multiple dwell-
    49  ing.
    50    6. (a) For the purposes of this subdivision, the following terms shall
    51  have the following meanings:
    52    (i) "Applicant" shall mean an applicant for the  exemption  authorized
    53  by this section and/or any successor to such applicant.
    54    (ii)  "Covered  building  service  employer"  shall mean any applicant
    55  and/or any employer of building service  employees  for  such  applicant

        S. 8306--C                         93                         A. 8806--C
 
     1  including, but not limited to, a property management company or contrac-
     2  tor.
     3    (iii)  "Building  service employee" shall mean any person who is regu-
     4  larly employed at, and performs work in  connection  with  the  care  or
     5  maintenance of, an eligible multiple dwelling, including, but not limit-
     6  ed  to,  a watchman, guard, doorman, building cleaner, porter, handyman,
     7  janitor, gardener, groundskeeper, elevator  operator  and  starter,  and
     8  window  cleaner,  but  not including persons regularly scheduled to work
     9  fewer than eight hours per week at such eligible multiple dwelling.
    10    (iv) "Fiscal officer" shall mean the commissioner of labor.
    11    (v) "Eligible multiple dwelling" shall mean any  newly-constructed  or
    12  converted  rental  multiple  dwellings that receive benefits pursuant to
    13  this section.
    14    (b) All building service employees employed by  the  covered  building
    15  service  employer  at  the  eligible multiple dwelling shall receive the
    16  applicable prevailing wage in accordance with article nine of the  labor
    17  law  for  the duration of the benefit period, regardless of whether such
    18  benefits are revoked or  terminated.  Such  applicable  prevailing  wage
    19  shall  in no case be lower than the prevailing wage provided to building
    20  service employees for work performed within the respective county  under
    21  the collective bargaining agreement covering the largest number of hour-
    22  ly  building  service employees employed at residential buildings within
    23  such county in each job classification established by  the  commissioner
    24  of  labor.  The  commissioner  of  labor  shall determine the applicable
    25  prevailing wage rates and prevailing rate of fringe  benefits  for  each
    26  job classification consistent with the corresponding job classifications
    27  covered  by  such  collective  bargaining  agreements.  To determine the
    28  applicable supplement benefit rate,  the  commissioner  of  labor  shall
    29  identify the applicable hourly, weekly or monthly cost to an employer as
    30  specified  under  the  applicable  collective  bargaining  agreement  of
    31  providing such supplements.
    32    (c) (i) The fiscal  officer  shall  have  the  power  to  enforce  the
    33  provisions of this subdivision. In enforcing such provisions, the fiscal
    34  officer  shall  have  the power: (A) to investigate or cause an investi-
    35  gation to be made to determine the prevailing wages for building service
    36  employees, and in making such  investigation,  the  fiscal  officer  may
    37  utilize  wage  and  fringe benefit data from various sources, including,
    38  but not limited to, data and determinations of federal, state  or  other
    39  governmental agencies; provided, however, that the provision of a dwell-
    40  ing  unit  shall  not  be  considered  wages or a fringe benefit; (B) to
    41  institute and conduct inspections at the site of the work or  elsewhere;
    42  (C)  to examine the books, documents and records pertaining to the wages
    43  paid to, and the hours of work performed by, building service employees;
    44  (D) to hold hearings and, in connection therewith, to  issue  subpoenas,
    45  the  enforcement  of  which shall be regulated by the civil practice law
    46  and rules, administer oaths and examine witnesses; (E) to make a classi-
    47  fication by craft, trade  or  other  generally  recognized  occupational
    48  category of the building service employees and to determine whether such
    49  work  has been performed by the building service employees in such clas-
    50  sification; (F) to require the applicant to file with the fiscal officer
    51  a record of the wages actually paid to the  building  service  employees
    52  and  of their hours of work; (G) to delegate any of the foregoing powers
    53  to such fiscal officer's deputy or other authorized representative;  (H)
    54  to  promulgate rules as such fiscal officer shall consider necessary for
    55  the  proper  execution  of  the  duties,  responsibilities  and   powers
    56  conferred upon him or her by the provisions of this subdivision; and (I)

        S. 8306--C                         94                         A. 8806--C
 
     1  to  prescribe  appropriate  sanctions  for  failure  to  comply with the
     2  provisions of this subdivision.
     3    (ii)  For  each  violation  of  paragraph (b) of this subdivision, the
     4  fiscal officer may require the payment of:
     5    (A) back wages and fringe benefits;
     6    (B) liquidated damages up to three times the amount of the back  wages
     7  and fringe benefits for willful violations; and/or
     8    (C)  reasonable  attorneys' fees. If the fiscal officer finds that the
     9  applicant has failed to comply with the provisions of this  subdivision,
    10  such fiscal officer shall present evidence of such non-compliance to the
    11  village,  town,  or  city  that  enacted  a  local  law pursuant to this
    12  section, or to any municipal agency or entity identified in  such  local
    13  law.
    14    (d)  Paragraph (b) of this subdivision shall not be applicable to: (i)
    15  an eligible multiple  dwelling  containing  less  than  thirty  dwelling
    16  units;  or  (ii) an eligible multiple dwelling whose new construction or
    17  conversion is carried out with the  substantial  assistance  of  grants,
    18  loans  or  subsidies  provided by a federal, state or local governmental
    19  agency or instrumentality pursuant to a program for the  development  of
    20  affordable housing.
    21    (e)  The applicant shall submit a sworn affidavit with its application
    22  certifying that it shall ensure compliance with the requirements of this
    23  subdivision or is exempt in accordance with paragraph (d) of this subdi-
    24  vision.  Upon the approval of the village, town, or city that enacted  a
    25  local law pursuant to this section, or of any municipal agency or entity
    26  identified  in such local law, of such application, the applicant who is
    27  not exempt in accordance with paragraph (d) of  this  subdivision  shall
    28  submit  annually a sworn affidavit to the fiscal officer certifying that
    29  it shall ensure compliance with the requirements of this subdivision.
    30    (f) The village, town, or city that enacted a local  law  pursuant  to
    31  this section, or any municipal agency or entity identified in such local
    32  law  shall  annually publish a list of all eligible sites subject to the
    33  requirements of this subdivision and the affadavits required pursuant to
    34  paragraph (e) of this subdivision.
    35    (g) If  a  covered  building  service  employer  has  committed  three
    36  violations of the requirements of paragraph (b) of this subdivision with
    37  respect  to the same eligible multiple dwelling within a five-year peri-
    38  od, the village, town, or city that enacted a local law pursuant to this
    39  section, or any municipal agency or entity identified in such local  law
    40  may  revoke any benefits associated with such eligible multiple dwelling
    41  under this section. For purposes of this  paragraph,  a  "violation"  of
    42  paragraph (b) of this subdivision will be deemed a finding by the fiscal
    43  officer  that  a  covered building service employer has failed to comply
    44  with paragraph (b) of this subdivision and has failed to cure the  defi-
    45  ciency  within  three  months  of  such finding. Provided, however, that
    46  after a second such violation, the applicant shall be notified that  any
    47  further  violation  may  result in the revocation of benefits under this
    48  section and that the fiscal officer shall publish on its website a  list
    49  of  all  applicants with two violations as defined in this paragraph. If
    50  benefits are terminated or revoked  for  failure  to  comply  with  this
    51  subdivision  all of the affordable housing units shall remain subject to
    52  rent stabilization and all other requirements of this  section  for  the
    53  duration  of the restriction period, regardless of whether such benefits
    54  have been terminated or revoked.
    55    7. The exemption authorized by this section shall not be available  in
    56  a city with a population of one million or more.

        S. 8306--C                         95                         A. 8806--C
 
     1    8.  Any recipient of the exemption authorized by this section or their
     2  designee shall certify compliance with the provisions  of  this  section
     3  under  penalty  of  perjury, at such time or times and in such manner as
     4  may be prescribed in the local law adopted by the city, town or  village
     5  pursuant  to  paragraph  (a) of subdivision one of this section, or by a
     6  subsequent local law. Such city, town  or  village  may  establish  such
     7  procedures as it deems necessary for monitoring and enforcing compliance
     8  of an eligible building with the provisions of this section.
     9    §  2.  The  real  property  tax law is amended by adding a new section
    10  421-pp to read as follows:
    11    § 421-pp. Exemption of newly converted  or  constructed  fully  income
    12  restricted  rental  multiple  dwellings.  1. (a) A city, town or village
    13  may, by local law, provide for the exemption of rental  multiple  dwell-
    14  ings constructed or converted in a benefit area designated in such local
    15  law  from  taxation  and  special ad valorem levies, as provided in this
    16  section. Subsequent to the adoption of  such  a  local  law,  any  other
    17  municipal  corporation  in  which the designated benefit area is located
    18  may likewise exempt such property from its taxation and special ad valo-
    19  rem levies by local law, or in the case of a school district, by  resol-
    20  ution.
    21    (b)  As  used  in this section, the term "benefit area" means the area
    22  within a city, town or village, designated by local  law,  to  which  an
    23  exemption, established pursuant to this section, applies.
    24    (c) As used in this section, the term "rental multiple dwelling" means
    25  a  structure,  other  than  a  hotel, consisting of ten or more dwelling
    26  units, where all but a maximum of two of the units are rented for  resi-
    27  dential  purposes,  and  all of such units, upon initial rental and upon
    28  each subsequent rental following a vacancy during the restriction period
    29  or extended restriction period, as  applicable,  is  affordable  to  and
    30  restricted  to  occupancy  by  individuals  or  families whose household
    31  income does not exceed a weighted average of no less than sixty  percent
    32  of  the  area  median income and no more than eighty percent of the area
    33  median income, adjusted for family size, at the time  that  such  house-
    34  holds initially occupy such dwelling units, provided further that all of
    35  the income restricted units upon initial rental and upon each subsequent
    36  rental  following  a  vacancy  during the restriction period or extended
    37  restriction period, as applicable, shall be affordable to and restricted
    38  to occupancy by individuals or families whose household income does  not
    39  exceed one hundred percent of the area median income, adjusted for fami-
    40  ly size, at the time that such households initially occupy such dwelling
    41  units.  The two residential units that are not income restricted must be
    42  occupied by superintendents, caretakers, managers or other employees  to
    43  whom  the space is provided as part or all of their compensation without
    44  payment of rent and who  are  employed  for  the  purpose  of  rendering
    45  services  in  connection with the premises of which the housing accommo-
    46  dation is a part. In the event no unit is provided or rented to such  an
    47  employee,  all  units in the building must be income restricted pursuant
    48  to this paragraph. Provided further that any local  law  authorizing  an
    49  exemption  pursuant  to  this  section  may  provide for the area median
    50  income weighted average within the amounts set forth in this  paragraph.
    51  Such  restriction period shall be in effect coterminous with the benefit
    52  period, provided, however, that the  tenant  or  tenants  in  an  income
    53  restricted  dwelling unit at the time such restriction period ends shall
    54  have the right to lease renewals at the income  restricted  level  until
    55  such  time  as  such  tenant  or tenants permanently vacate the dwelling
    56  unit.

        S. 8306--C                         96                         A. 8806--C

     1    2. Eligible newly-constructed or converted rental  multiple  dwellings
     2  in  a designated benefit area shall be wholly exempt from taxation while
     3  under construction, subject to a maximum of three years.  Such  property
     4  shall then be exempt for an additional period of thirty years. Provided,
     5  however:
     6    (a) Taxes shall be paid during the exemption period in an amount to be
     7  determined  by  the  local  law providing the exception pursuant to this
     8  section, provided, however, that amount shall be no greater than ten per
     9  centum of the shelter rent of  the  eligible  rental  multiple  dwelling
    10  exempted pursuant to this section.
    11    (b)  No  other  exemption  may  be  granted  concurrently  to the same
    12  improvements under any other section of law.
    13    3.  To  be  eligible  for  exemption  under  this  section,  any   new
    14  construction shall take place on vacant, predominantly vacant or underu-
    15  tilized  land,  or on land improved with a non-conforming use or on land
    16  containing one or more substandard or structurally unsound dwellings, or
    17  a dwelling that has been certified as unsanitary  by  the  local  health
    18  agency.  The  provisions  of this subdivision shall not apply to any new
    19  conversions undertaken pursuant to this section.
    20    4. Application for exemption under this section shall  be  made  on  a
    21  form  prescribed  by  the commissioner and filed with the assessor on or
    22  before the applicable taxable status date.
    23    5. In the case of newly constructed property which is  used  partially
    24  as  a  rental  multiple  dwelling  and partially for commercial or other
    25  purposes, the portion of the newly constructed property that is used  as
    26  a  rental  multiple dwelling shall be eligible for the exemption author-
    27  ized by this section if:
    28    (a) the square footage of the portion used as a rental multiple dwell-
    29  ing represents at least fifty percent  of  the  square  footage  of  the
    30  entire property;
    31    (b)  the  rental  units  are  affordable to individuals or families as
    32  determined according to the criteria  set  forth  in  paragraph  (c)  of
    33  subdivision one of this section; and
    34    (c)  the  requirements  of  this  section are otherwise satisfied with
    35  respect to the portion of the property used as a rental multiple  dwell-
    36  ing.
    37    6.  The exemption authorized by this section shall not be available in
    38  a city with a population of one million or more.
    39    7. Any recipient of the exemption authorized by this section or  their
    40  designee  shall  certify  compliance with the provisions of this section
    41  under penalty of perjury, at such time or times and in  such  manner  as
    42  may  be prescribed in the local law adopted by the city, town or village
    43  pursuant to paragraph (a) of subdivision one of this section,  or  by  a
    44  subsequent  local  law.  Such  city,  town or village may establish such
    45  procedures as it deems necessary for monitoring and enforcing compliance
    46  of an eligible building with the provisions of this section.
    47    § 3. This act shall take effect immediately.
 
    48                                   PART FF
 
    49    Section 1. Paragraph 1 of subdivision d of section 6 of section  4  of
    50  chapter  576  of  the  laws  of  1974, constituting the emergency tenant
    51  protection act of nineteen seventy-four, as amended  by  section  18  of
    52  part Q of chapter 39 of the laws of 2019, is amended to read as follows:
    53    (1)  there has been a substantial modification or increase of dwelling
    54  space, or installation of new equipment or improvements or new furniture

        S. 8306--C                         97                         A. 8806--C
 
     1  or furnishings, provided in or to a tenant's housing  accommodation,  on
     2  written  informed  tenant consent to the rent increase. In the case of a
     3  vacant housing accommodation, tenant consent shall not be required. [The
     4  temporary] Except as provided in subparagraph (B) of this paragraph, the
     5  increase  in  the legal regulated rent for the affected housing accommo-
     6  dation shall be one-one hundred sixty-eighth, in the case of a  building
     7  with  thirty-five  or  fewer  housing  accommodations or one-one hundred
     8  eightieth in the case of a building with more than  thirty-five  housing
     9  accommodations  where  such increase takes effect on or after the effec-
    10  tive date of the chapter of the  laws  of  two  thousand  nineteen  that
    11  amended  this  paragraph, of the total actual cost incurred by the land-
    12  lord up to [fifteen thousand dollars] an amount set forth in this  para-
    13  graph  in  providing  such  reasonable  and  verifiable  modification or
    14  increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
    15  including the cost of installation but excluding finance charges and any
    16  costs  that exceed reasonable costs established by rules and regulations
    17  promulgated by the division of housing and community renewal. Such rules
    18  and regulations shall include:  (i) requirements for work to be done  by
    19  licensed  contractors  and a prohibition on common ownership between the
    20  landlord and the contractor or vendor; and (ii) a requirement  that  the
    21  owner  resolve  within  the  dwelling space all outstanding hazardous or
    22  immediately hazardous violations of  the  Uniform  Fire  Prevention  and
    23  Building  Code (Uniform Code), New York City Fire Code, or New York City
    24  Building and Housing Maintenance Codes, if applicable. Provided  further
    25  that  an owner who is entitled to a rent increase pursuant to this para-
    26  graph shall not be entitled to a further rent increase  based  upon  the
    27  installation of similar equipment, or new furniture or furnishings with-
    28  in  the  useful  life  of  such  new  equipment,  or  new  furniture  or
    29  furnishings. Provided further that the recoverable costs incurred by the
    30  landlord, pursuant to this paragraph, shall be limited to  an  aggregate
    31  cost  [of  fifteen thousand dollars that may be expended on no more than
    32  three separate individual apartment improvements in a fifteen year peri-
    33  od beginning with the first individual apartment improvement on or after
    34  June fourteenth, two thousand nineteen. Provided further that  increases
    35  to  the legal regulated rent pursuant to this paragraph shall be removed
    36  from the legal regulated rent thirty years from the  date  the  increase
    37  became  effective  inclusive  of any increases granted by the applicable
    38  rent guidelines board.] pursuant to the following:
    39    (A) thirty thousand dollars that may be  expended  in  a  fifteen-year
    40  period  beginning  with the first individual apartment improvement on or
    41  after June fourteenth, two thousand nineteen, provided further that:
    42    (1) if there is a tenant in place at the time the individual apartment
    43  improvement is undertaken, no costs incurred by the  landlord  shall  be
    44  recoverable  pursuant  to  this subparagraph unless the landlord obtains
    45  written tenant consent from the tenant in place at the time the individ-
    46  ual apartment improvement was undertaken;
    47    (2) increases to the legal regulated rent pursuant  to  this  subpara-
    48  graph shall be permanent; and
    49    (3)  the thirty thousand dollars may be expended, in the aggregate, on
    50  any number of separate individual apartment improvements in  a  fifteen-
    51  year  period,  but in no event shall costs above thirty thousand dollars
    52  be recoverable in a fifteen-year period pursuant to this subparagraph.
    53    (B) fifty thousand dollars that may  be  expended  in  a  fifteen-year
    54  period  beginning  with the first individual apartment improvement on or
    55  after June fourteenth, two thousand nineteen,  pursuant  to  regulation,

        S. 8306--C                         98                         A. 8806--C

     1  operational  bulletin  or such other guidance as the division of housing
     2  and community renewal may issue, provided further that:
     3    (1)  costs  shall  only  be recoverable by a landlord pursuant to this
     4  subparagraph for an individual apartment improvement undertaken during a
     5  vacancy;
     6    (2) costs shall only be recoverable by a  landlord  pursuant  to  this
     7  subparagraph  for  an individual apartment improvement if (i) the apart-
     8  ment was timely registered as vacant by no later than  the  thirty-first
     9  of  December  in  each  of two thousand twenty-two, two thousand twenty-
    10  three, and two  thousand  twenty-four,  provided  that  a  landlord  may
    11  recover  costs on this basis no more than once, or (ii) if the apartment
    12  is vacant following a period of continuous occupancy of at  least  twen-
    13  ty-five  years  that  occurred  immediately prior to the commencement of
    14  such individual apartment improvement;
    15    (3) costs shall only be recoverable by a  landlord  pursuant  to  this
    16  subparagraph  if  such  landlord  has  received  prior  certification to
    17  recover costs pursuant to this subparagraph from the division of housing
    18  and community renewal based on establishing that the landlord  satisfies
    19  one of the eligibility criteria delineated in clause two of this subpar-
    20  agraph,  provided further that such certification shall not be deemed as
    21  evidence that the work performed or costs  claimed  for  the  individual
    22  apartment improvement was substantiated or to otherwise act as a defense
    23  in any subsequent rent overcharge proceeding, determination, or audit;
    24    (4)  increases  to  the legal regulated rent pursuant to this subpara-
    25  graph shall be permanent;
    26    (5) the increase in the legal regulated rent for the affected  housing
    27  accommodation  shall  be  one-one hundred forty-fourth, in the case of a
    28  building with thirty-five or fewer  housing  accommodations  or  one-one
    29  hundred fifty-sixth in the case of a building with more than thirty-five
    30  housing  accommodations where such increase takes effect on or after the
    31  effective date of the chapter of the laws of  two  thousand  twenty-four
    32  that  amended  this  paragraph, of the total actual cost incurred by the
    33  landlord up to fifty thousand dollars in providing such  reasonable  and
    34  verifiable  modification  or  increase  in  dwelling  space,  furniture,
    35  furnishings, or  equipment,  including  the  cost  of  installation  but
    36  excluding  finance  charges  and  any costs that exceed reasonable costs
    37  established by rules and regulations  promulgated  by  the  division  of
    38  housing and community renewal;
    39    (6)  costs  shall  only  be recoverable by a landlord pursuant to this
    40  subparagraph for an individual  apartment  improvement  if,  immediately
    41  prior to undertaking such individual apartment improvement, the landlord
    42  submits  to  the  division of housing and community renewal any evidence
    43  that the division of housing and community renewal deems  necessary  and
    44  requests pursuant to regulation, operational bulletin or other guidance,
    45  demonstrating  that  the  improvement was necessitated by a sub-standard
    46  condition or exceeding its useful life immediately prior  to  the  land-
    47  lord's  work  to  improve  the  unit  and the landlord's planned work to
    48  improve the unit. Such evidence shall include, but shall not be  limited
    49  to,  photos  of  any  areas, aspects or appliances in the apartment that
    50  will be improved, and any necessary permits required  to  undertake  the
    51  improvements;
    52    (7)  costs  shall  only  be recoverable by a landlord pursuant to this
    53  subparagraph for an individual  apartment  improvement  if,  immediately
    54  subsequent  to  undertaking  the  individual  apartment improvement, the
    55  landlord submits to the division of housing and  community  renewal  any
    56  evidence that the division of housing and community renewal deems neces-

        S. 8306--C                         99                         A. 8806--C
 
     1  sary  and requests pursuant to regulation, operational bulletin or other
     2  guidance, evidence of the completed work. Such evidence  shall  include,
     3  but shall not be limited to, photographs of the completed work, itemized
     4  receipts  for  all  parts,  materials,  appliances, and labor costs, and
     5  proof of payment. Provided further, the division of housing and communi-
     6  ty renewal shall require the payment of a fee that equals one percent of
     7  the amount claimed for the individual apartment improvement at the  time
     8  of such filing;
     9    (8)  for costs recoverable pursuant to item (ii) of clause two of this
    10  subparagraph, the fifty thousand dollars may be expended, in the  aggre-
    11  gate,  on  any number of separate individual apartment improvements in a
    12  fifteen-year period, but in no event shall costs  above  fifty  thousand
    13  dollars be recoverable in a fifteen-year period pursuant to this subpar-
    14  agraph;
    15    (9) the division of housing and community renewal may perform an audit
    16  of  any  individual  apartment  improvement  conducted  pursuant to this
    17  subparagraph to determine whether the individual  apartment  improvement
    18  was  undertaken in the manner described and to the extent claimed by the
    19  landlord, whether the costs claimed were substantiated by  records,  and
    20  whether  the  rent  was properly adjusted. Such audit may incorporate an
    21  inspection of the accommodation at bar.  The  landlord  and  the  tenant
    22  living  in the accommodation may participate in such audit. In the event
    23  the audit finds that the  recoverable  costs  claimed  by  the  landlord
    24  cannot be substantiated, the resulting overcharge shall be considered to
    25  be  willful.  In addition, the division of housing and community renewal
    26  may issue any fines or penalties set forth in regulations;
    27    (10) the division of  housing  and  community  renewal  shall  perform
    28  random  on-site  inspections,  as  it  deems necessary, for any unit for
    29  which the owner seeks to recover costs pursuant  to  this  subparagraph;
    30  and
    31    (11)  no  owner shall be eligible for the rent increase based on indi-
    32  vidual apartment improvements pursuant to this subparagraph  if,  within
    33  the  five year period prior to filing such individual apartment improve-
    34  ment, any unit within any building owned by any owner of the building in
    35  which the unit  for  which  the  owner  seeks  an  individual  apartment
    36  improvement  is located, including but not limited to partial or benefi-
    37  cial owners, has been the subject of an award or  determination  by  the
    38  division of housing and community renewal or a court of competent juris-
    39  diction  for  treble  damages  due  to an overcharge or the owner of the
    40  building in which the unit is located has been the subject of  an  award
    41  or  determination  by the division of housing and community renewal or a
    42  court of competent jurisdiction for harassment of any tenants,  provided
    43  that  such  owner  shall  provide  an  affidavit confirming such owner's
    44  eligibility under this clause to the division of housing  and  community
    45  renewal at the same time as, and in addition to, any other materials the
    46  division  of  housing  and  community  renewal shall require an owner to
    47  submit pursuant to clause six of this subparagraph, and provided further
    48  that such affidavit shall not be deemed to  be  evidence  of  compliance
    49  with this clause or a defense in any subsequent rent overcharge proceed-
    50  ing, determination, or audit.
    51    §  2.  Paragraph 12 of subdivision (a) of section 10-b of section 4 of
    52  chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
    53  protection  act  of  nineteen  seventy-four, as amended by section 23 of
    54  part Q of chapter 39 of the laws of 2019, is amended to read as follows:
    55    12. establish a form in the  top  six  languages  other  than  English
    56  spoken in the state according to the latest available data from the U.S.

        S. 8306--C                         100                        A. 8806--C
 
     1  Bureau  of  Census for [a temporary] an individual apartment improvement
     2  rent increase for a tenant in occupancy which shall be used by landlords
     3  to obtain written informed consent  that  shall  include  the  estimated
     4  total  cost  of the improvement and the estimated monthly rent increase.
     5  Such consent shall be executed in the tenant's  primary  language.  Such
     6  form  shall  be  completed  and  preserved in the centralized electronic
     7  retention system to be operational by June 14,  2020,  provided  further
     8  that  any  changes  to the form required due to the individual apartment
     9  improvement being permanent shall be completed as of October  14,  2024.
    10  Nothing  herein  shall  relieve  a landlord, lessor, or agent thereof of
    11  [his or her] such person's duty to retain proper  documentation  of  all
    12  improvements  performed  or  any  rent  increases  resulting  from  said
    13  improvements.
    14    § 3. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
    15  trative code of the city of New York, as amended by section 19 of part Q
    16  of chapter 39 of the laws of 2019, is amended to read as follows:
    17    (13) provides that an owner is entitled to a rent increase where there
    18  has  been  a  substantial modification or increase of dwelling space, or
    19  installation of new  equipment  or  improvements  or  new  furniture  or
    20  furnishings provided in or to a tenant's housing accommodation, on writ-
    21  ten  informed  tenant  consent  to  the  rent increase. In the case of a
    22  vacant housing accommodation, tenant consent shall not be required. [The
    23  temporary] Except as provided in subparagraph  (B)  of  this  paragraph,
    24  increase  in  the legal regulated rent for the affected housing accommo-
    25  dation shall be one-one hundred sixty-eighth, in the case of a  building
    26  with  thirty-five  or  fewer  housing  accommodations or one-one hundred
    27  eightieth in the case of a building with more than  thirty-five  housing
    28  accommodations  where  such increase takes effect on or after the effec-
    29  tive date of the chapter of the  laws  of  two  thousand  nineteen  that
    30  amended  this  paragraph, of the total actual cost incurred by the land-
    31  lord  in  providing  such  reasonable  and  verifiable  modification  or
    32  increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
    33  including the cost of installation but excluding finance charges and any
    34  costs that exceed reasonable costs established by rules and  regulations
    35  promulgated by the division of housing and community renewal. Such rules
    36  and  regulations  shall include: (i) requirements for work to be done by
    37  licensed contractors and prohibit common ownership between the  landlord
    38  and  the  contractor  or  vendor;  and (ii) a requirement that the owner
    39  resolve within the dwelling space all  outstanding  hazardous  or  imme-
    40  diately hazardous violations of the Uniform Fire Prevention and Building
    41  Code  (Uniform Code), New York City Fire Code, or New York City Building
    42  and Housing Maintenance Codes, if applicable. Provided further  that  an
    43  owner  who  is  entitled  to  a rent increase pursuant to this paragraph
    44  shall not be entitled to a further rent increase based upon the  instal-
    45  lation  of similar equipment, or new furniture or furnishings within the
    46  useful life of such new equipment,  or  new  furniture  or  furnishings.
    47  Provided  further  that  the recoverable costs incurred by the landlord,
    48  pursuant to this paragraph, shall be limited to  an  aggregate  cost  of
    49  [fifteen  thousand  dollars  that  may be expended on no more than three
    50  separate individual apartment improvements in a fifteen year period]  an
    51  amount  set  forth in this paragraph beginning with the first individual
    52  apartment improvement on or after June fourteenth,  two  thousand  nine-
    53  teen. Provided further that increases to the legal regulated rent pursu-
    54  ant  to  this  paragraph shall [be removed from the legal regulated rent
    55  thirty years from the date the increase became  effective  inclusive  of

        S. 8306--C                         101                        A. 8806--C

     1  any  increases  granted  by  the  applicable  rent guidelines board.] be
     2  limited to an aggregate cost pursuant to the following:
     3    (A)  thirty  thousand  dollars  that may be expended in a fifteen-year
     4  period beginning with the first individual apartment improvement  on  or
     5  after June fourteenth, two thousand nineteen, provided further that:
     6    (1) if there is a tenant in place at the time the individual apartment
     7  improvement  is  undertaken,  no costs incurred by the landlord shall be
     8  recoverable pursuant to this subparagraph unless  the  landlord  obtains
     9  written tenant consent from the tenant in place at the time the individ-
    10  ual apartment improvement was undertaken;
    11    (2)  increases  to  the legal regulated rent pursuant to this subpara-
    12  graph shall be permanent; and
    13    (3) the thirty thousand dollars may be expended, in the aggregate,  on
    14  any  number  of separate individual apartment improvements in a fifteen-
    15  year period, but in no event shall costs above thirty  thousand  dollars
    16  be recoverable in a fifteen-year period pursuant to this subparagraph.
    17    (B)  fifty  thousand  dollars  that  may be expended in a fifteen-year
    18  period beginning with the first individual apartment improvement  on  or
    19  after  June  fourteenth,  two thousand nineteen, pursuant to regulation,
    20  operational bulletin or such other guidance as the division  of  housing
    21  and community renewal may issue, provided further that:
    22    (1)  costs  shall  only  be recoverable by a landlord pursuant to this
    23  subparagraph for an individual apartment improvement undertaken during a
    24  vacancy;
    25    (2) costs shall only be recoverable by a  landlord  pursuant  to  this
    26  subparagraph  for  an individual apartment improvement if (i) the apart-
    27  ment was timely registered as vacant by no later than  the  thirty-first
    28  of  December  in  each  of two thousand twenty-two, two thousand twenty-
    29  three, and  two-thousand  twenty-four,  provided  that  a  landlord  may
    30  recover  costs on this basis no more than once, or (ii) if the apartment
    31  is vacant following a period of continuous occupancy of at  least  twen-
    32  ty-five  years  that  occurred  immediately prior to the commencement of
    33  such individual apartment improvement;
    34    (3) costs shall only be recoverable by a  landlord  pursuant  to  this
    35  subparagraph  if  such  landlord  has  received  prior  certification to
    36  recover costs pursuant to this subparagraph from the division of housing
    37  and community renewal based on establishing that the landlord  satisfies
    38  one of the eligibility criteria delineated in clause two of this subpar-
    39  agraph,  provided further that such certification shall not be deemed as
    40  evidence that the work performed or costs  claimed  for  the  individual
    41  apartment improvement was substantiated or to otherwise act as a defense
    42  in any subsequent rent overcharge proceeding, determination, or audit;
    43    (4)  increases  to  the legal regulated rent pursuant to this subpara-
    44  graph shall be permanent;
    45    (5) the increase in the legal regulated rent for the affected  housing
    46  accommodation  shall  be  one-one hundred forty-fourth, in the case of a
    47  building with thirty-five or fewer  housing  accommodations  or  one-one
    48  hundred fifty-sixth in the case of a building with more than thirty-five
    49  housing  accommodations where such increase takes effect on or after the
    50  effective date of this chapter, of the total actual cost incurred by the
    51  landlord up to fifty thousand dollars in providing such  reasonable  and
    52  verifiable  modification  or  increase  in  dwelling  space,  furniture,
    53  furnishings, or  equipment,  including  the  cost  of  installation  but
    54  excluding  finance  charges  and  any costs that exceed reasonable costs
    55  established by rules and regulations  promulgated  by  the  division  of
    56  housing and community renewal;

        S. 8306--C                         102                        A. 8806--C
 
     1    (6)  costs  shall  only  be recoverable by a landlord pursuant to this
     2  subparagraph for an individual  apartment  improvement  if,  immediately
     3  prior to undertaking such individual apartment improvement, the landlord
     4  submits  to  the  division of housing and community renewal any evidence
     5  that  the  division of housing and community renewal deems necessary and
     6  requests pursuant to regulation, operational bulletin or other guidance,
     7  demonstrating that the improvement was necessitated  by  a  sub-standard
     8  condition  or  exceeding  its useful life immediately prior to the land-
     9  lord's work to improve the unit  and  the  landlord's  planned  work  to
    10  improve  the unit. Such evidence shall include, but shall not be limited
    11  to, photos of any areas, aspects or appliances  in  the  apartment  that
    12  will  be  improved,  and any necessary permits required to undertake the
    13  improvements;
    14    (7) costs shall only be recoverable by a  landlord  pursuant  to  this
    15  subparagraph  for  an  individual  apartment improvement if, immediately
    16  subsequent to undertaking  the  individual  apartment  improvement,  the
    17  landlord  submits  to  the division of housing and community renewal any
    18  evidence that the division of housing and community renewal deems neces-
    19  sary and requests pursuant to regulation, operational bulletin or  other
    20  guidance,  evidence  of the completed work. Such evidence shall include,
    21  but shall not be limited to, photographs of the completed work, itemized
    22  receipts for all parts, materials,  appliances,  and  labor  costs,  and
    23  proof of payment. Provided further, the division of housing and communi-
    24  ty renewal shall require the payment of a fee that equals one percent of
    25  the  amount claimed for the individual apartment improvement at the time
    26  of such filing;
    27    (8) for costs recoverable pursuant to item (ii) of clause two of  this
    28  subparagraph,  the fifty thousand dollars may be expended, in the aggre-
    29  gate, on any number of separate individual apartment improvements  in  a
    30  fifteen-year  period,  but  in no event shall costs above fifty thousand
    31  dollars be recoverable in a fifteen-year period pursuant to this subpar-
    32  agraph;
    33    (9) the division of housing and community renewal may perform an audit
    34  of any individual  apartment  improvement  conducted  pursuant  to  this
    35  subparagraph  to  determine whether the individual apartment improvement
    36  was undertaken in the manner described and to the extent claimed by  the
    37  landlord,  whether  the costs claimed were substantiated by records, and
    38  whether the rent was properly adjusted. Such audit  may  incorporate  an
    39  inspection  of  the  accommodation  at  bar. The landlord and the tenant
    40  living in the accommodation may participate in such audit. In the  event
    41  the  audit  finds  that  the  recoverable  costs claimed by the landlord
    42  cannot be substantiated, the resulting overcharge shall be considered to
    43  be willful. In addition, the division of housing and  community  renewal
    44  may issue any fines or penalties set forth in regulations;
    45    (10)  the  division  of  housing  and  community renewal shall perform
    46  random on-site inspections, as it deems  necessary,  for  any  unit  for
    47  which  the  owner  seeks to recover costs pursuant to this subparagraph;
    48  and
    49    (11) no owner shall be eligible for the rent increase based  on  indi-
    50  vidual  apartment  improvements pursuant to this subparagraph if, within
    51  the five-year period prior to filing such individual apartment  improve-
    52  ment, any unit within any building owned by any owner of the building in
    53  which  the  unit  for  which  the  owner  seeks  an individual apartment
    54  improvement is located, including but not limited to partial or  benefi-
    55  cial  owners,  has  been the subject of an award or determination by the
    56  division of housing and community renewal or a court of competent juris-

        S. 8306--C                         103                        A. 8806--C
 
     1  diction for treble damages due to an overcharge  or  the  owner  of  the
     2  building  in  which the unit is located has been the subject of an award
     3  or determination by the division of housing and community renewal  or  a
     4  court  of competent jurisdiction for harassment of any tenants, provided
     5  that such owner shall  provide  an  affidavit  confirming  such  owner's
     6  eligibility  under  this clause to the division of housing and community
     7  renewal at the same time as, and in addition to, any other materials the
     8  division of housing and community renewal  shall  require  an  owner  to
     9  submit pursuant to clause six of this subparagraph, and provided further
    10  that  such  affidavit  shall  not be deemed to be evidence of compliance
    11  with this clause or a defense in any subsequent rent overcharge proceed-
    12  ing, determination, or audit.
    13    § 4. Paragraph 12 of subdivision a of section 26-511.1 of the adminis-
    14  trative code of the city of New York, as amended by section 21 of part Q
    15  of chapter 39 of the laws of 2019, is amended to read as follows:
    16    (12) establish a form in the top  six  languages  other  than  English
    17  spoken in the state according to the latest available data from the U.S.
    18  Bureau  of  Census for [a temporary] an individual apartment improvement
    19  rent increase for a tenant in occupancy which shall be used by landlords
    20  to obtain written informed consent  that  shall  include  the  estimated
    21  total  cost  of the improvement and the estimated monthly rent increase.
    22  Such consent shall be executed in the tenant's  primary  language.  Such
    23  form  shall  be  completed  and  preserved in the centralized electronic
    24  retention system to be operational by June 14,  2020,  provided  further
    25  that  any  changes  to the form required due to the individual apartment
    26  improvement being permanent shall be completed as of October  14,  2024.
    27  Nothing  herein  shall  relieve  a landlord, lessor, or agent thereof of
    28  [his or her] such person's duty to retain proper  documentation  of  all
    29  improvements  performed  or  any  rent  increases  resulting  from  said
    30  improvements.
    31    § 5. Subparagraph (e) of paragraph  1  of  subdivision  g  of  section
    32  26-405 of the administrative code of the city of New York, as amended by
    33  section  20  of  part Q of chapter 39 of the laws of 2019, is amended to
    34  read as follows:
    35    (e) The landlord and tenant  by  mutual  voluntary  written  agreement
    36  demonstrating  informed  consent  agree  to  a  substantial  increase or
    37  decrease in dwelling space or a  change  in  furniture,  furnishings  or
    38  equipment  provided  in  the housing accommodations. An adjustment under
    39  this subparagraph shall be equal to one-one hundred sixty-eighth, in the
    40  case of a building with thirty-five or fewer housing  accommodations  or
    41  one-one hundred eightieth in the case of a building with more than thir-
    42  ty-five  housing  accommodations where such [temporary] adjustment takes
    43  effect on or after the effective date of the chapter of the laws of  two
    44  thousand  nineteen  that  amended this subparagraph, of the total actual
    45  cost incurred by the landlord in providing such reasonable  and  verifi-
    46  able modification or increase in dwelling space, furniture, furnishings,
    47  or  equipment,  including the cost of installation but excluding finance
    48  charges and any costs that exceed reasonable costs established by  rules
    49  and  regulations  promulgated  by  the division of housing and community
    50  renewal. Such rules and regulations shall include:  (i) requirements for
    51  work to be done by licensed contractors and  prohibit  common  ownership
    52  between  the  landlord and the contractor or vendor; and (ii) a require-
    53  ment that the owner resolve within the dwelling  space  all  outstanding
    54  hazardous  or  immediately  hazardous  violations  of  the  Uniform Fire
    55  Prevention and Building Code (Uniform Code), New York City Fire Code, or
    56  New York City Building and Housing  Maintenance  Codes,  if  applicable.

        S. 8306--C                         104                        A. 8806--C
 
     1  Provided further that an owner who is entitled to a rent increase pursu-
     2  ant  to  this  subparagraph  shall  not  be  entitled  to a further rent
     3  increase based upon the installation of similar equipment, or new furni-
     4  ture or furnishings within the useful life of such new equipment, or new
     5  furniture  or  furnishings.  Provided further that the recoverable costs
     6  incurred by the landlord, pursuant to this subparagraph shall be limited
     7  to an aggregate cost of [fifteen] thirty thousand dollars [that  may  be
     8  expended  on  no  more than three separate individual apartment improve-
     9  ments] in a fifteen year period  beginning  with  the  first  individual
    10  apartment  improvement  on  or after June fourteenth, two thousand nine-
    11  teen. [Provided further that  increases  to  the  legal  regulated  rent
    12  pursuant  to this subparagraph shall be removed from the legal regulated
    13  rent thirty years from the date the increase became effective  inclusive
    14  of  any  increases granted by the applicable rent guidelines board.] The
    15  owner shall give written notice to the city  rent  agency  of  any  such
    16  [temporary] adjustment pursuant to this subparagraph; or
    17    § 6. Paragraph 12 of subdivision a of section 26-405.1 of the adminis-
    18  trative code of the city of New York, as amended by section 22 of part Q
    19  of chapter 39 of the laws of 2019, is amended to read as follows:
    20    (12)  establish  a  form  in  the top six languages other than English
    21  spoken in the state according to the latest available data from the U.S.
    22  Bureau of Census for [a temporary] an individual  apartment  improvement
    23  rent increase for a tenant in occupancy which shall be used by landlords
    24  to  obtain  written  informed  consent  that shall include the estimated
    25  total cost of the improvement and the estimated monthly rent increase.
    26  Such  consent  shall  be executed in the tenant's primary language. Such
    27  form shall be completed and  preserved  in  the  centralized  electronic
    28  retention  system  to  be operational by June 14, 2020, provided further
    29  that any changes to the form required due to  the  individual  apartment
    30  improvement  being  permanent shall be completed as of October 14, 2024.
    31  Nothing herein shall relieve a landlord, lessor,  or  agent  thereof  of
    32  [his  or  her]  such person's duty to retain proper documentation of all
    33  improvements  performed  or  any  rent  increases  resulting  from  said
    34  improvements.
    35    §  7. Subparagraph 5 of the second undesignated paragraph of paragraph
    36  (a) of subdivision 4 of section 4 of chapter 274 of  the  laws  of  1946
    37  constituting  the  emergency  housing  rent  control  law, as amended by
    38  section 36 of part Q of chapter 39 of the laws of 2019,  is  amended  to
    39  read as follows:
    40    (5)  the  landlord  and  tenant  by  mutual voluntary written informed
    41  agreement agree to a substantial increase or decrease in dwelling space,
    42  furniture, furnishings or equipment provided  in  the  housing  accommo-
    43  dations;  provided  that  an  owner shall be entitled to a rent increase
    44  where there has been a substantial modification or increase of  dwelling
    45  space, or installation of new equipment or improvements or new furniture
    46  or  furnishings  provided in or to a tenant's housing accommodation. The
    47  [temporary] increase in the maximum rent for the affected housing accom-
    48  modation shall be one-one hundred sixty-eighth, in the case of a  build-
    49  ing with thirty-five or fewer housing accommodations, or one-one hundred
    50  eightieth,  in the case of a building with more than thirty-five housing
    51  accommodations where such increase takes effect on or after  the  effec-
    52  tive  date  of  the  chapter  of  the laws of two thousand nineteen that
    53  amended this subparagraph, of the total  actual  cost  incurred  by  the
    54  landlord  up  to  [fifteen]  thirty  thousand  dollars in providing such
    55  reasonable and verifiable modification or increase  in  dwelling  space,
    56  furniture, furnishings, or equipment, including the cost of installation

        S. 8306--C                         105                        A. 8806--C
 
     1  but excluding finance charges and any costs that exceed reasonable costs
     2  established  by  rules  and  regulations  promulgated by the division of
     3  housing and community renewal. Such rules and regulations shall include:
     4  (i)  requirements  for  work  to  be  done by licensed contractors and a
     5  prohibition on common ownership between the landlord and the  contractor
     6  or  vendor;  and  (ii)  a  requirement that the owner resolve within the
     7  dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
     8  violations  of  the  uniform  fire prevention and building code (Uniform
     9  Code), New York city fire code, or New York city  building  and  housing
    10  maintenance  codes, if applicable. Provided further that an owner who is
    11  entitled to a rent increase pursuant to this clause shall not  be  enti-
    12  tled  to  a further rent increase based upon the installation of similar
    13  equipment, or new furniture or furnishings within  the  useful  life  of
    14  such  new  equipment,  or new furniture or furnishings. Provided further
    15  that the recoverable costs incurred by the landlord,  pursuant  to  this
    16  subparagraph,  shall be limited to an aggregate cost of [fifteen] thirty
    17  thousand dollars [that may be expended on no more  than  three  separate
    18  individual  apartment  improvements]  in a fifteen year period beginning
    19  with the first individual apartment improvement on or after  June  four-
    20  teenth,  two  thousand nineteen. [Provided further that increases to the
    21  legal regulated rent pursuant to this paragraph shall  be  removed  from
    22  the  legal regulated rent thirty years from the date the increase became
    23  effective inclusive of any increases  granted  by  the  applicable  rent
    24  guidelines board.] The owner shall give written notice to the commission
    25  of any such adjustment pursuant to this clause; or
    26    §  8.  Paragraph (l) of subdivision 1 of section 8-a of chapter 274 of
    27  the laws of 1946, constituting the emergency housing rent  control  law,
    28  as amended by section 24 of part Q of chapter 39 of the laws of 2019, is
    29  amended to read as follows:
    30    (l)  establish  a  form  in  the  top six languages other than English
    31  spoken in the state according to the latest available data from the U.S.
    32  Bureau of Census for [a temporary] an individual  apartment  improvement
    33  rent increase for a tenant in occupancy which shall be used by landlords
    34  to  obtain  written  informed  consent  that shall include the estimated
    35  total cost of the improvement and the estimated monthly  rent  increase.
    36  Such  consent  shall  be executed in the tenant's primary language. Such
    37  form shall be completed and  preserved  in  the  centralized  electronic
    38  retention  system  to  be operational by June 14, 2020, provided further
    39  that any changes to the form required due to  the  individual  apartment
    40  improvement  being  permanent shall be completed as of October 14, 2024.
    41  Nothing herein shall relieve a landlord, lessor,  or  agent  thereof  of
    42  [his  or  her]  such person's duty to retain proper documentation of all
    43  improvements  performed  or  any  rent  increases  resulting  from  said
    44  improvements.
    45    § 9. This act shall take effect on the one hundred eightieth day after
    46  it  shall  have  become  a law; provided that the amendments to sections
    47  26-405 and 26-405.1 of the city rent  and  rehabilitation  law  made  by
    48  sections  five and six of this act shall remain in full force and effect
    49  only as long as  the  public  emergency  requiring  the  regulation  and
    50  control  of  residential  rents  and evictions continues, as provided in
    51  subdivision 3 of section 1 of the local emergency housing  rent  control
    52  act;  and  provided, further, that the amendments to sections 26-511 and
    53  26-511.1 of chapter 4 of title 26 of the administrative code of the city
    54  of New York made by sections three and four of this act shall expire  on
    55  the same date as such law expires and shall not affect the expiration of
    56  such law as provided under section 26-520 of such law.

        S. 8306--C                         106                        A. 8806--C
 
     1                                   PART GG
 
     2    Section  1.    Subdivision  10 of section 292 of the executive law, as
     3  added by chapter 340 of the laws of 1955, is amended to read as follows:
     4    10. The term "housing accommodation" includes any building, structure,
     5  or portion thereof which is used or occupied or is intended, arranged or
     6  designed to be used or occupied, as  the  home,  residence  or  sleeping
     7  place  of  one  or more human beings.   The term "housing accommodation"
     8  also includes any accessory dwelling unit, defined as any attached or  a
     9  detached  residential  dwelling  unit that provides complete independent
    10  living facilities for one or more persons which is located on a lot with
    11  a proposed or existing primary residence  and  shall  include  permanent
    12  provisions  for living, sleeping, eating, cooking, and sanitation on the
    13  same lot as the single-family or multi-family dwelling.
    14    § 2.  The real property tax law is amended by  adding  a  new  section
    15  421-p to read as follows:
    16    §   421-p.  Exemption  of  capital  improvements  to  residential  new
    17  construction involving the creation  of  accessory  dwelling  units.  1.
    18  Residential   buildings   reconstructed,  altered,  improved,  or  newly
    19  constructed in order to create one or more additional residential dwell-
    20  ing units on the same parcel as a pre-existing residential  building  to
    21  provide independent living facilities for one or more persons subsequent
    22  to  the  effective date of a local law or resolution enacted pursuant to
    23  this section shall be exempt from taxation and special ad valorem levies
    24  to the extent provided hereinafter. After a public hearing, the  govern-
    25  ing board of a county, city, town or village may adopt a local law and a
    26  school  district, other than a school district subject to article fifty-
    27  two of the education law, may adopt a resolution to grant the  exemption
    28  authorized  pursuant to this section. A copy of such local law or resol-
    29  ution shall be filed with the commissioner  and  the  assessor  of  such
    30  county,  city, town or village who prepares the assessment roll on which
    31  the taxes of such county, city, town, village  or  school  district  are
    32  levied.
    33    2.  (a)  Such  buildings shall be exempt for a period of five years to
    34  the extent of one hundred per centum of the increase in  assessed  value
    35  thereof attributable to such reconstruction, alteration, improvement, or
    36  new  construction  for  such  additional  residential unit or units that
    37  provide independent living facilities for one or more persons,  and  for
    38  an additional period of five years subject to the following:
    39    (i) The extent of such exemption shall be decreased by twenty-five per
    40  centum  of the "exemption base" for each of the first three years during
    41  such additional period and shall be  decreased  by  a  further  ten  per
    42  centum  of  the  "exemption  base" during each of the final two years of
    43  such additional period. The exemption shall expire at  the  end  of  the
    44  extended  period. The "exemption base" shall be the increase in assessed
    45  value as determined in the initial year of the term  of  the  exemption,
    46  except as provided in subparagraph (ii) of this paragraph.
    47    (ii)  In  any year in which a change in level of assessment of fifteen
    48  percent or more is certified for a final assessment roll pursuant to the
    49  rules of the commissioner, the exemption base shall be multiplied  by  a
    50  fraction,  the  numerator  of which shall be the total assessed value of
    51  the parcel on such final assessment roll (after accounting for any phys-
    52  ical or quantity changes to the parcel since the  immediately  preceding
    53  assessment  roll),  and  the  denominator  of  which  shall be the total
    54  assessed value of the parcel on the immediately preceding final  assess-
    55  ment  roll.  The  result  shall be the new exemption base. The exemption

        S. 8306--C                         107                        A. 8806--C
 
     1  shall thereupon be recomputed to take into  account  the  new  exemption
     2  base,  notwithstanding the fact that the assessor receives certification
     3  of the change in level of assessment after the completion,  verification
     4  and  filing of the final assessment roll. In the event the assessor does
     5  not have custody of the roll when such certification  is  received,  the
     6  assessor  shall  certify  the recomputed exemption to the local officers
     7  having custody and control of the roll,  and  such  local  officers  are
     8  hereby  directed and authorized to enter the recomputed exemption certi-
     9  fied by the assessor on the roll. The assessor shall give written notice
    10  of such recomputed exemption to the property owner,  who  may,  if  such
    11  property  owner  believes that the exemption was recomputed incorrectly,
    12  apply for a correction in the manner provided by title three of  article
    13  five of this chapter for the correction of clerical errors.
    14    (iii)  Such exemption shall be limited to two hundred thousand dollars
    15  in increased market value of the property attributable  to  such  recon-
    16  struction, alteration, improvement, or new construction and any increase
    17  in  market  value greater than such amount shall not be eligible for the
    18  exemption pursuant to this section. For the purposes  of  this  section,
    19  the  market value of the reconstruction, alteration, improvement, or new
    20  construction as authorized by subdivision one of this section  shall  be
    21  equal  to  the  increased  assessed  value  attributable  to such recon-
    22  struction, alteration, improvement, or new construction divided  by  the
    23  class  one ratio in a special assessing unit or the most recently estab-
    24  lished state equalization rate  or  special  equalization  rate  in  the
    25  remainder  of  the  state,  except  where the state equalization rate or
    26  special equalization rate equals  or  exceeds  ninety-five  percent,  in
    27  which  case  the  increase in assessed value attributable to such recon-
    28  struction, alteration, improvement, or new construction shall be  deemed
    29  to  equal  the market value of such reconstruction, alteration, improve-
    30  ment, or new construction.
    31    (b) No such exemption shall  be  granted  for  reconstruction,  alter-
    32  ations, improvements, or new construction unless:
    33    (i)  such reconstruction, alteration, improvement, or new construction
    34  was commenced subsequent to the effective  date  of  the  local  law  or
    35  resolution adopted pursuant to subdivision one of this section; and
    36    (ii) the value of such reconstruction, alteration, improvement, or new
    37  construction exceeds three thousand dollars; and
    38    (iii)   such   reconstruction,   alteration,   improvement,   or   new
    39  construction created one or more additional residential  dwelling  units
    40  on  the  same parcel as the pre-existing residential building to provide
    41  independent living facilities for one or more persons.
    42    (c) For purposes of this section the terms reconstruction, alteration,
    43  improvement, and new construction shall not include ordinary maintenance
    44  and repairs.
    45    3. Such exemption shall be granted only upon application by the  owner
    46  of  such building on a form prescribed by the commissioner. The applica-
    47  tion shall be filed with the assessor of  the  city,  town,  village  or
    48  county having the power to assess property for taxation on or before the
    49  appropriate taxable status date of such city, town, village or county.
    50    4.  If satisfied that the applicant is entitled to an exemption pursu-
    51  ant to this section, the assessor shall approve the application and such
    52  building shall thereafter be exempt from taxation and special ad valorem
    53  levies as herein provided commencing with the assessment  roll  prepared
    54  on the basis of the taxable status date referred to in subdivision three
    55  of this section. The assessed value of any exemption granted pursuant to
    56  this  section  shall  be  entered by the assessor on the assessment roll

        S. 8306--C                         108                        A. 8806--C
 
     1  with the taxable property, with the amount of the exemption shown  in  a
     2  separate column.
     3    5. For the purposes of this section, a residential building shall mean
     4  any building or structure designed and occupied exclusively for residen-
     5  tial purposes by not more than two families.
     6    6.  In the event that a building granted an exemption pursuant to this
     7  section ceases to be used primarily for residential purposes,  or  title
     8  thereto  is  transferred  to other than the heirs or distributees of the
     9  owner, the exemption granted pursuant to this section shall cease.
    10    7. (a) A county, city, town or village  may,  by  its  local  law,  or
    11  school district, by its resolution:
    12    (i)  reduce  the per centum of exemption otherwise allowed pursuant to
    13  this section; and
    14    (ii) limit eligibility for the exemption  to  those  forms  of  recon-
    15  struction,   alterations,  improvements,  or  new  construction  as  are
    16  prescribed in such local law or resolution.
    17    (b) No such local law or resolution shall repeal an exemption  granted
    18  pursuant  to  this  section until the expiration of the period for which
    19  such exemption was granted.
    20    § 3. This act shall take effect immediately and shall apply to assess-
    21  ment rolls based on taxable status dates  occurring  on  or  after  such
    22  effective date.
 
    23                                   PART HH
 
    24    Section  1.  The  real property law is amended by adding a new article
    25  6-A to read as follows:
    26                                 ARTICLE 6-A
    27                           GOOD CAUSE EVICTION LAW
    28  Section 210.   Short title.
    29          211.   Definitions.
    30          212.   Applicability in the city of New York.
    31          213. Voluntary participation by local  governments  outside  the
    32                  city of New York.
    33          214.   Covered housing accommodations.
    34          215.   Necessity for good cause.
    35          216.   Grounds for removal of tenants.
    36          217.   Preservation of existing requirements of law.
    37          218.   Waiver of rights void.
    38    §  210.  Short  title.  This article shall be cited as the "good cause
    39  eviction law".
    40    § 211. Definitions. 1. The term "housing accommodation",  as  used  in
    41  this article shall mean any residential premises, including any residen-
    42  tial premises located within a mixed-use residential premises.
    43    2.  The  term  "landlord"  as  used in this article shall mean any fee
    44  owner, lessor, sublessor, assignor, court  appointed  receiver,  or  any
    45  other  person  or  entity  receiving or entitled to receive rent for the
    46  occupancy of any housing accommodation or an agent of any of the forego-
    47  ing.
    48    3. (a) The term "small landlord" as used in this article shall mean  a
    49  landlord  of no more than (i) ten units in the state, or (ii) such other
    50  number of units in the state designated by local law pursuant  to  para-
    51  graph  (b)  of  subdivision  two of section two hundred thirteen of this
    52  article.
    53    (b) If a landlord is a single natural person, then that landlord is  a
    54  small  landlord  if  they  own or are a beneficial owner of, directly or

        S. 8306--C                         109                        A. 8806--C
 
     1  indirectly, in whole or in part, no more than the number of units estab-
     2  lished pursuant to paragraph (a) of this subdivision; if there  is  more
     3  than  one natural person owner, then no one person may own or be a bene-
     4  ficial  owner of, directly or indirectly, in whole or in part, more than
     5  the number of units established pursuant to paragraph (a) of this subdi-
     6  vision.
     7    (c) If a landlord is an entity, organized under the laws of this state
     8  or of any other jurisdiction, then that landlord is a small landlord  if
     9  each  natural person with a direct or indirect ownership interest in the
    10  entity or any affiliated entity owns no more than the  number  of  units
    11  established  pursuant to paragraph (a) of this subdivision. If an entity
    12  cannot provide the names of all natural persons with a direct  or  indi-
    13  rect  ownership interest in the entity, such entity shall not qualify as
    14  a small landlord.
    15    4. The term "tenant" as used in this  article  shall  mean  a  tenant,
    16  sub-tenant,  lessee,  sublessee,  or  any  other  person entitled to the
    17  lawful possession, use or occupancy of  any  housing  accommodation.  An
    18  individual  shall  not  be  considered a tenant for the purposes of this
    19  article if:
    20    (a) no landlord-tenant relationship exists, as established pursuant to
    21  any of the grounds set forth in section seven hundred  thirteen  of  the
    22  real property actions and proceedings law; or
    23    (b)  the  individual  is  an  occupant, as defined in paragraph (b) of
    24  subdivision one of section two hundred thirty-five-f  of  this  chapter,
    25  who  has  not  received the landlord's express or implied consent to use
    26  the housing accommodation as their primary  residence  in  exchange  for
    27  payment of rent.
    28    5.  The  term  "rent" as used in this article shall mean any consider-
    29  ation, including any bonus, benefit or gratuity demanded or received for
    30  or in connection with the possession, use or occupancy of housing accom-
    31  modations or the execution or transfer  of  a  lease  for  such  housing
    32  accommodations.   The term "rent" shall not include any separate charges
    33  for services, amenities or facilities which the tenant pays in  addition
    34  to rent, including but not limited to charges for fitness centers, park-
    35  ing,  storage,  or  facility rentals, provided that such charges are not
    36  imposed or increased for the purposes of circumventing this article.
    37    6. The term "disabled person" as used in this  article  shall  mean  a
    38  person  who  has an impairment which results from anatomical, physiolog-
    39  ical or psychological  conditions,  other  than  addiction  to  alcohol,
    40  gambling,  or  any  controlled  substance,  which  are  demonstrable  by
    41  medically acceptable clinical and laboratory diagnostic techniques,  and
    42  which  are expected to be permanent and which substantially limit one or
    43  more of such person's major life activities.
    44    7. The term "inflation index" shall mean five percent plus the  annual
    45  percentage  change  in  the consumer price index for all urban consumers
    46  for all items as published by the United States bureau of labor  statis-
    47  tics  for  the  region in which the housing accommodation is located, as
    48  established for the most recent preceding  calendar  year  as  shall  be
    49  published by the division of housing and community renewal no later than
    50  the  first  of  August  in any given year, provided further that for New
    51  York city and any village, town, or city that adopts the  provisions  of
    52  this  article  by  local  law pursuant to subdivision one of section two
    53  hundred thirteen of this article in the counties  of  Dutchess,  Nassau,
    54  Orange,  Putnam, Rockland, Suffolk, and Westchester, such consumer price
    55  index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer  price
    56  index,  and  provided  further that for any other village, town, or city

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     1  that adopts the provisions of this article  by  local  law  pursuant  to
     2  subdivision  one  of  section two hundred thirteen of this article, such
     3  consumer price index shall be the Northeast Region consumer price index.
     4    8.  The term "local rent standard" shall mean a rent increase equal to
     5  the inflation index or ten percent, whichever is lower.
     6    § 212. Applicability in the city of New York.  Upon the effective date
     7  of this section, this article shall apply to the city of New York.
     8    § 213. Voluntary participation by local governments outside  the  city
     9  of New York.  1. Applicability. This article shall apply in any village,
    10  town,  or  a city, other than the city of New York, that, acting through
    11  its local legislative body, adopts the provisions  of  this  article  by
    12  local law.
    13    2.  Opt-in  by  a  village,  town, or city, other than the city of New
    14  York. A village, town, or city that adopts the provisions of this  arti-
    15  cle by local law pursuant to subdivision one of this section may:
    16    (a)  provide  that any unit on or within a housing accommodation shall
    17  be exempt from the provisions of this article if such unit has a monthly
    18  rent above a percent of fair market rent, as  published  by  the  United
    19  States  department  of  housing  and  urban  development and as shall be
    20  published for each county in the state by the division  of  housing  and
    21  community renewal pursuant to subdivision fifteen of section two hundred
    22  fourteen  of  this  article,  that shall be established in the local law
    23  adopted pursuant to subdivision one of this section,  provided  that  if
    24  such  local law does not establish such percent of fair market rent, any
    25  unit on or within a housing accommodation with a  monthly  rent  greater
    26  than  two  hundred  forty-five percent of such fair market rent shall be
    27  exempt from the provisions of this article; and/or
    28    (b) define "small landlord" as a landlord of no more than  any  number
    29  of  units  in  the state that the village, town, or city enacts by local
    30  law, provided that if such local law does not define "small landlord," a
    31  "small landlord" shall mean a landlord of no more than ten units in  the
    32  state.
    33    3. Notwithstanding the foregoing provisions of this section, if a town
    34  and a village within such town both adopt the provisions of this article
    35  by local law pursuant to subdivision  one of this section, the local law
    36  adopted  by such town shall not apply within the territorial limits of a
    37  village within such town.
    38    4. Nothing in this section shall permit a village, town,  or  city  to
    39  which  this article applies to preempt or alter the terms and provisions
    40  of this article within such village, town or city.
    41    5. Within thirty days of receipt of a local law  adopted  pursuant  to
    42  subdivision  one of this section, and filed with the department of state
    43  pursuant to section twenty-seven of the municipal  home  rule  law,  the
    44  department  of  state shall notify the division of housing and community
    45  renewal of such adoption.
    46    6. The division of housing and community renewal shall include in  the
    47  annual publication required pursuant to subdivision seven of section two
    48  hundred  eleven  of  this article a list including any village, town, or
    49  city, other than the city of New York, as to which the division of hous-
    50  ing and community renewal has received the notice from the department of
    51  state required pursuant to subdivision five of this  section  indicating
    52  that  such  village,  town,  or city has adopted a local law pursuant to
    53  subdivision one of this section to apply the provisions of this  article
    54  within  such village, town, or city. Such list shall include the name of
    55  each village, town, or city that has  adopted  such  a  local  law,  the
    56  applicable fair market rent threshold within such village, town, or city

        S. 8306--C                         111                        A. 8806--C
 
     1  for  exemption  from the provisions of this article established pursuant
     2  to paragraph (a) of subdivision two of this section, and the  applicable
     3  definition  of  small landlord within such village, town, or city estab-
     4  lished pursuant to paragraph (b) of subdivision two of this section.
     5    §  214. Covered housing accommodations. Where this article applies, it
     6  shall apply to all housing accommodations except a:
     7    1. premises owned by a small landlord provided that in connection with
     8  any eviction proceeding in which the landlord claims an  exemption  from
     9  the  provisions  of this article on the basis of being a small landlord,
    10  such landlord shall provide to the tenant  or  tenants  subject  to  the
    11  proceeding  the  name of each natural person who owns or is a beneficial
    12  owner of, directly or indirectly, in  whole  or  in  part,  the  housing
    13  accommodation  at  issue  in  the proceeding, the number of units owned,
    14  jointly or separately, by  each  such  natural  person  owner,  and  the
    15  addresses of any such units, excluding each natural person owner's prin-
    16  cipal  residence;  provided  further  that if the landlord is an entity,
    17  organized under the laws of this state or  of  any  other  jurisdiction,
    18  then such landlord shall provide to the tenant or tenants subject to the
    19  proceeding  the  name  of  each natural person with a direct or indirect
    20  ownership interest in such entity or any affiliated entity,  the  number
    21  of  units  owned,  jointly  or  separately,  by each such natural person
    22  owner, and the addresses of  any  such  units,  excluding  each  natural
    23  person owner's principal residence;
    24    2. owner-occupied housing accommodation with no more then ten units;
    25    3. unit on or within a housing accommodation where such unit is sublet
    26  pursuant  to section two hundred twenty-six-b of this chapter, or other-
    27  wise, where the sublessor seeks in good faith to recover  possession  of
    28  such housing accommodation for their own personal use and occupancy;
    29    4. unit on or within a housing accommodation where the possession, use
    30  or  occupancy of which is solely incident to employment and such employ-
    31  ment is being or has been lawfully terminated;
    32    5. unit on or within a housing accommodation where such unit is other-
    33  wise subject to regulation of rents  or  evictions  pursuant  to  local,
    34  state or federal law, rule, or regulation;
    35    6.  unit  on or within a housing accommodation where such unit must be
    36  affordable to tenants at a specific income level  pursuant  to  statute,
    37  regulation,  restrictive declaration, or pursuant to a regulatory agree-
    38  ment with a local, state, or federal government entity;
    39    7. unit on or within a housing accommodation owned as a condominium or
    40  cooperative, or a unit on or within a housing accommodation  subject  to
    41  an  offering  plan  submitted  to  the  office  of the attorney general,
    42  provided that nothing herein  shall  abrogate  or  otherwise  limit  any
    43  rights  or  obligations a tenant residing in a unit within a condominium
    44  or cooperative or a purchaser, owner, or offeror  of  a  condominium  or
    45  cooperative unit has pursuant to any other state law;
    46    8.  housing  accommodation  for which a temporary or permanent certif-
    47  icate of occupancy was issued on or after  the  first  of  January,  two
    48  thousand  nine,  for a period of time of thirty years following issuance
    49  of such certificate;
    50    9. unit on or within a  housing  accommodation  that  qualifies  as  a
    51  seasonal  use  dwelling  unit  pursuant to subdivisions four and five of
    52  section 7-108 of the general obligations law;
    53    10. housing accommodation in a hospital as defined in subdivision  one
    54  of section twenty-eight hundred one of the public health law, continuing
    55  care  retirement  community  licensed  pursuant  to article forty-six or
    56  forty-six-A of the public health law, assisted living residence licensed

        S. 8306--C                         112                        A. 8806--C

     1  pursuant to article forty-six-B of the public  health  law,  adult  care
     2  facility  licensed pursuant to article seven of the social services law,
     3  senior residential community that have submitted an offering plan to the
     4  attorney  general,  and  not-for-profit independent retirement community
     5  that offer personal emergency response, housekeeping, transportation and
     6  meals to their residents;
     7    11. manufactured home located on or in a  manufactured  home  park  as
     8  defined in section two hundred thirty-three of the real property law;
     9    12.  hotel  room or other transient use covered by the definition of a
    10  class B multiple dwelling under subdivision nine of section four of  the
    11  multiple  dwelling  law,  regardless of whether such use is located in a
    12  jurisdiction in which the multiple dwelling law applies;
    13    13. dormitory owned and operated by an institution of higher education
    14  or a kindergarten and grades 1 to 12, inclusive, school;
    15    14. housing accommodation within and for use by a  religious  facility
    16  or institution; and
    17    15.  unit  on or within a housing accommodation where the monthly rent
    18  is greater than the percent of fair market rent established pursuant  to
    19  paragraph (a) of subdivision two of section two hundred thirteen of this
    20  article  in a local law of a village, town, or city, other than the city
    21  of New York, adopting the provisions of this article pursuant to  subdi-
    22  vision  one  of  section  two  hundred  thirteen of this article, or two
    23  hundred forty-five percent of the fair market rent, provided  that  fair
    24  market  rent  shall  refer  to the figure published by the United States
    25  department of housing and urban development, for the county in which the
    26  housing accommodation is located, as shall be published by the  division
    27  of  housing  and  community renewal no later than the first of August in
    28  any given year. The division of  housing  and  community  renewal  shall
    29  publish  the  fair market rent and two hundred forty-five percent of the
    30  fair market rent for each unit type for which such fair market  rent  is
    31  published  by the United States department of housing and urban develop-
    32  ment for each county  in  New  York  state  in  the  annual  publication
    33  required  pursuant to subdivision seven of section two hundred eleven of
    34  this article.
    35    § 215. Necessity for good cause. No landlord shall, by action to evict
    36  or to recover possession, by exclusion from possession,  by  failure  to
    37  renew  any  lease, or otherwise, remove any tenant from housing accommo-
    38  dations covered by section two hundred fourteen of this  article  except
    39  for  good  cause as defined in section two hundred sixteen of this arti-
    40  cle.
    41    § 216. Grounds for removal of tenants. 1. No landlord shall  remove  a
    42  tenant  from  any  housing  accommodation covered by section two hundred
    43  fourteen of this article, or attempt  such  removal  or  exclusion  from
    44  possession, notwithstanding that the tenant has no written lease or that
    45  the lease or other rental agreement has expired or otherwise terminated,
    46  except  upon  order  of  a court of competent jurisdiction entered in an
    47  appropriate judicial action or proceeding in  which  the  petitioner  or
    48  plaintiff has established one of the following grounds as good cause for
    49  removal or eviction:
    50    (a)  (i)  The  tenant  has  failed to pay rent due and owing, provided
    51  however that the rent due and owing, or any part thereof, did not result
    52  from a rent increase which is unreasonable. In determining  whether  all
    53  or  part of the rent due and owing is the result of an unreasonable rent
    54  increase, it shall be a rebuttable  presumption  that  the  rent  for  a
    55  dwelling  not  protected by rent regulation is unreasonable if said rent
    56  has been increased in any calendar year, after  the  effective  date  of

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     1  this  article,  or  after  the  effective  date  of the local law in any
     2  village, town, or city that enacts such local law to apply this  article
     3  to  such  village,  town, or city pursuant to subdivision one of section
     4  two  hundred  thirteen  of  this  article, by an amount greater than the
     5  local rent standard, provided further that no rent increase less than or
     6  equal to the local rent standard shall be deemed unreasonable.
     7    (ii) Whenever a court considers whether a rent increase  is  unreason-
     8  able,  the  court  may  consider  all  relevant facts, including but not
     9  limited to a landlord's costs for fuel and other  utilities,  insurance,
    10  and  maintenance;  but  in all cases, the court shall consider the land-
    11  lord's property tax expenses and  any  recent  increases  thereto;  such
    12  relevant  facts  also  shall include whether the landlord, other than in
    13  circumstances governed by paragraph (d) of this  subdivision,  seeks  in
    14  good  faith  to raise the rent upon a renewal lease to reflect completed
    15  significant repairs to the housing accommodation, or to any  other  part
    16  of  the  building or real property in which the housing accommodation is
    17  located, provided that the  landlord  can  establish  that  the  repairs
    18  constituted  significant  repairs  and  that such repairs did not result
    19  from the landlord's failure to properly maintain the building or housing
    20  accommodation, and provided  further  that  for  the  purposes  of  this
    21  subparagraph,  "significantly  repair" means the replacement or substan-
    22  tial modification of any structural, electrical, plumbing, or mechanical
    23  system that requires a permit from a governmental agency,  or  abatement
    24  of hazardous materials, including lead-based paint, mold, or asbestos in
    25  accordance  with applicable federal, state, and local laws, and provided
    26  further cosmetic improvements alone, including painting, decorating, and
    27  minor repairs, do not qualify as significant repairs;
    28    (b) The tenant is violating a substantial obligation of their  tenancy
    29  or  breaching any of the landlord's rules and regulations governing said
    30  premises, other than the obligation to  surrender  possession,  and  has
    31  failed  to  cure  such violation after written notice that the violation
    32  cease within ten days of receipt of such written notice, provided howev-
    33  er, that the obligation of tenancy for which violation  is  claimed  was
    34  not  imposed for the purpose of circumventing the intent of this article
    35  and provided such rules or regulations  are  reasonable  and  have  been
    36  accepted  in  writing  by  the tenant or made a part of the lease at the
    37  beginning of the lease term;
    38    (c) The tenant is committing or permitting a nuisance in such  housing
    39  accommodation,  or  elsewhere in the building or on the real property in
    40  which the housing accommodation is located,  or  is  maliciously  or  by
    41  reason  of  gross negligence substantially damaging the housing accommo-
    42  dation, or causing substantial damage elsewhere in the  building  or  on
    43  the  real property in which the housing accommodation is located; or the
    44  tenant's conduct is such as to interfere with the comfort and safety  of
    45  the  landlord or other tenants or occupants of the same or another adja-
    46  cent building or structure;
    47    (d) Occupancy of  the  housing  accommodation  by  the  tenant  is  in
    48  violation of or causes a violation of law and the landlord is subject to
    49  civil or criminal penalties therefor; provided however that an agency of
    50  the  state  or  municipality  having  jurisdiction  has  issued an order
    51  requiring the tenant to vacate  the  housing  accommodation.  No  tenant
    52  shall  be  removed  from  possession  of a housing accommodation on such
    53  ground unless the court finds that the cure  of  the  violation  of  law
    54  requires the removal of the tenant and that the landlord did not through
    55  neglect  or  deliberate  action  or  failure to act create the condition
    56  necessitating the vacate order. In instances where the landlord does not

        S. 8306--C                         114                        A. 8806--C
 
     1  undertake to cure conditions of the housing accommodation  causing  such
     2  violation  of  the law, the tenant shall have the right to pay or secure
     3  payment in a manner satisfactory to the court, to  cure  such  violation
     4  provided  that  any tenant expenditures shall be applied against rent to
     5  which the landlord is entitled. In instances where removal of  a  tenant
     6  is  absolutely essential to such tenant's health and safety, the removal
     7  of the tenant shall be without prejudice to any  leasehold  interest  or
     8  other  right  of  occupancy  the tenant may have and the tenant shall be
     9  entitled to resume possession at such time as the  dangerous  conditions
    10  have  been removed. Nothing herein shall abrogate or otherwise limit the
    11  right of a tenant to bring an action for monetary  damages  against  the
    12  landlord  or  to  otherwise  compel  compliance by the landlord with all
    13  applicable state or municipal housing codes;
    14    (e) The tenant is using or permitting the  housing  accommodation,  or
    15  elsewhere  in  the building or on the real property in which the housing
    16  accommodation is located, to be used for an illegal purpose;
    17    (f) The tenant has unreasonably refused the  landlord  access  to  the
    18  housing  accommodation  for  the  purpose of making necessary repairs or
    19  improvements required by law or for the purpose of showing  the  housing
    20  accommodation  to  a  prospective  purchaser,  mortgagee or other person
    21  having a legitimate interest therein;
    22    (g) The landlord seeks in good faith to recover possession of a  hous-
    23  ing  accommodation  for the landlord's own personal use and occupancy as
    24  the landlord's principal residence, or the personal use and occupancy as
    25  principal residence of the landlord's spouse, domestic  partner,  child,
    26  stepchild,   parent,   step-parent,  sibling,  grandparent,  grandchild,
    27  parent-in-law or sibling-in-law, when no other suitable housing accommo-
    28  dation in such building is available, provided that no judgment in favor
    29  of the landlord may be granted pursuant to  this  paragraph  unless  the
    30  landlord  establishes  good  faith  to  recover  possession of a housing
    31  accommodation for the landlord's own personal use and occupancy  as  the
    32  landlord's  principal  residence, or the personal use and occupancy as a
    33  principal residence of the landlord's spouse, domestic  partner,  child,
    34  stepchild,   parent,   step-parent,  sibling,  grandparent,  grandchild,
    35  parent-in-law or sibling-in-law, by clear and convincing evidence.  This
    36  paragraph  shall  not  apply  to  a  housing accommodation occupied by a
    37  tenant who is sixty-five years of age or older  or  who  is  a  disabled
    38  person;
    39    (h)  The landlord in good faith seeks to demolish the housing accommo-
    40  dation, provided that no judgment in favor of the landlord may be grant-
    41  ed pursuant to this paragraph unless the landlord establishes good faith
    42  to demolish the housing accommodation by clear and convincing evidence;
    43    (i) The landlord seeks in good faith to withdraw  a  housing  accommo-
    44  dation  from  the  housing  rental  market, provided that no judgment in
    45  favor of the landlord may be granted pursuant to this  paragraph  unless
    46  the  landlord  establishes  good  faith to withdraw the housing accommo-
    47  dation from the housing rental market by clear and convincing  evidence;
    48  or
    49    (j)  The  tenant  fails  to  agree to reasonable changes to a lease at
    50  renewal, including increases  in  rent  that  are  not  unreasonable  as
    51  defined  in paragraph (a) of this subdivision, as long as written notice
    52  of the changes to the lease were provided to the tenant at least  thirty
    53  days,  but  no  more  than  ninety  days, prior to the expiration of the
    54  current lease.
    55    2. A tenant required to surrender a housing accommodation by virtue of
    56  the operation of paragraph (g), (h), or (i) of subdivision one  of  this

        S. 8306--C                         115                        A. 8806--C
 
     1  section shall have a cause of action in any court of competent jurisdic-
     2  tion  for damages, declaratory, and injunctive relief against a landlord
     3  or purchaser of the premises who makes a fraudulent statement  regarding
     4  a proposed use, removal from the rental housing market, or demolition of
     5  the  housing accommodation. In any action or proceeding brought pursuant
     6  to this subdivision a prevailing tenant shall be entitled to recovery of
     7  actual damages, and reasonable attorneys' fees. Except  as  provided  in
     8  this  subdivision, nothing in this article shall create a civil claim or
     9  cause of action by a tenant against a landlord.
    10    3. Nothing in this section shall abrogate or limit the tenant's  right
    11  pursuant to section seven hundred fifty-one of the real property actions
    12  and  proceedings  law to permanently stay the issuance or execution of a
    13  warrant or eviction in a summary proceeding, whether characterized as  a
    14  nonpayment,  objectionable tenancy, or holdover proceeding, the underly-
    15  ing basis of which is the nonpayment of rent,  so  long  as  the  tenant
    16  complies  with  the  procedural  requirements  of  section seven hundred
    17  fifty-one of the real property actions and proceedings law where  appli-
    18  cable.
    19    §  217.  Preservation of existing requirements of law. No action shall
    20  be maintainable and no judgment of possession shall be entered for hous-
    21  ing accommodations pursuant to section two hundred sixteen of this arti-
    22  cle, unless the landlord has complied with any and all  applicable  laws
    23  governing  such  action  or proceeding and has complied with any and all
    24  applicable laws governing notice to tenants, including  without  limita-
    25  tion  the manner and the time of service of such notice and the contents
    26  of such notice.
    27    § 218. Waiver of rights void. Any agreement by a tenant heretofore  or
    28  hereinafter  entered  into  in a written lease or other rental agreement
    29  waiving or modifying their rights as set forth in this article shall  be
    30  void as contrary to public policy.
    31    § 2. Paragraph (a) of subdivision 1 of section 226-c of the real prop-
    32  erty  law,  as amended by chapter 789 of the laws of 2021, is amended to
    33  read as follows:
    34    (a) Whenever a landlord intends to offer to renew the  tenancy  of  an
    35  occupant in a residential dwelling unit with a rent increase equal to or
    36  greater  than  five percent above the current rent, or the landlord does
    37  not intend to renew the tenancy,  the  landlord  shall  provide  written
    38  notice  as required in subdivision two of this section. The notice shall
    39  append or contain the notice required pursuant to  section  two  hundred
    40  thirty-one-c  of  this  article, which shall state the following: (i) if
    41  the unit is or is not subject to article  six-A  of  this  chapter,  the
    42  "good  cause eviction law", and if the unit is exempt, such notice shall
    43  state why the unit is exempt from such law; (ii) if the landlord is  not
    44  renewing  the lease for a unit subject to article six-A of this chapter,
    45  the lawful basis for such non-renewal; and  (iii)  if  the  landlord  is
    46  increasing  the rent upon an existing lease of a unit subject to article
    47  six-A of this chapter above  the  applicable  local  rent  standard,  as
    48  defined in subdivision eight of section two hundred eleven of this chap-
    49  ter,  the  justification  for  such  increase.  If the landlord fails to
    50  provide timely notice, the  occupant's  lawful  tenancy  shall  continue
    51  under the existing terms of the tenancy from the date on which the land-
    52  lord  gave  actual  written  notice until the notice period has expired,
    53  notwithstanding any provision of a lease or other tenancy  agreement  to
    54  the contrary.
    55    § 3. The real property law is amended by adding a new section 231-c to
    56  read as follows:

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     1    §  231-c.  Good cause eviction law notice. 1. A landlord as defined in
     2  subdivision two of section two hundred  eleven  of  this  chapter  shall
     3  append  to  or incorporate into any initial lease, renewal lease, notice
     4  required pursuant to paragraph (a) of subdivision  one  of  section  two
     5  hundred twenty-six-c of this article, notice required pursuant to subdi-
     6  vision  two of section seven hundred eleven of the real property actions
     7  and proceedings law, or petition pursuant to section seven hundred forty
     8  one of the real property actions  and  proceedings  law,  the  following
     9  notice:
    10  NOTICE  TO  TENANT  OF  APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK
    11  STATE GOOD CAUSE EVICTION LAW
    12  This notice from your landlord serves to inform you of  whether  or  not
    13  your  unit/apartment/home  is  covered  by the New York State Good Cause
    14  Eviction Law (Article 6-A of the Real Property Law) and, if  applicable,
    15  the  reason  permitted  under the New York State Good Cause Eviction Law
    16  that your landlord is not renewing your lease. Even if your apartment is
    17  not protected by Article 6-A, known as the New  York  State  Good  Cause
    18  Eviction  Law,  you  may  have other rights under other local, state, or
    19  federal laws  and  regulations  concerning  rents  and  evictions.  This
    20  notice,  which  your  landlord  is required to fill out and give to you,
    21  does not constitute legal advice. You may wish to consult  a  lawyer  if
    22  you  have  any questions about your rights under the New York State Good
    23  Cause Eviction Law or about this notice.
    24  NOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD)
    25  UNIT INFORMATION
    26  STREET:
    27  _______________________________________________________________________
    28  UNIT OR APARTMENT NUMBER:
    29  _______________________________________________________________________
    30  CITY/TOWN/VILLAGE:
    31  _______________________________________________________________________
    32  STATE:
    33  _______________________________________________________________________
    34  ZIP CODE:
    35  _______________________________________________________________________
    36  1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY  LAW,  KNOWN
    37  AS  THE  NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE
    38  ANSWER)
    39  YES ___
    40  NO ___
    41  2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A  OF  THE  REAL  PROPERTY  LAW,
    42  KNOWN  AS  THE  NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT
    43  FROM THAT LAW?  (PLEASE MARK ALL APPLICABLE EXEMPTIONS)
    44  A. Village/Town/City outside of New York City has not adopted good cause
    45  eviction under section 213 of the Real Property Law ___;
    46  B. Unit is owned by a "small landlord," as defined in subdivision  3  of
    47  section 211 of the Real Property Law, who owns no more than 10 units for
    48  small  landlords  located in New York City or the number of units estab-
    49  lished as the maximum amount a "small landlord" can own in the state  by
    50  a  local  law  of  a  village,  town, or city, other than New York City,
    51  adopting the provisions of Article 6-A of the Real Property  Law,  known
    52  as the New York State Good Cause Eviction Law, or no more than 10 units,
    53  as  applicable.  In connection with any eviction proceeding in which the
    54  landlord claims an exemption from the provisions of Article 6-A  of  the
    55  Real  Property Law, known as the New York State Good Cause Eviction Law,
    56  on the basis of being a small landlord, the landlord  shall  provide  to

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     1  the tenant or tenants subject to the proceeding the name of each natural
     2  person  who owns or is a beneficial owner of, directly or indirectly, in
     3  whole or in part, the housing accommodation at issue in the  proceeding,
     4  the  number  of units owned, jointly or separately, by each such natural
     5  person owner, and the  addresses  of  any  such  units,  excluding  each
     6  natural  person owner's principal residence. If the landlord is an enti-
     7  ty, organized under the laws of this state or of any other jurisdiction,
     8  then such landlord shall provide to the tenant or tenants subject to the
     9  proceeding the name of each natural person with  a  direct  or  indirect
    10  ownership  interest  in such entity or any affiliated entity, the number
    11  of units owned, jointly or  separately,  by  each  such  natural  person
    12  owner,  and  the  addresses  of  any  such units, excluding each natural
    13  person owner's principal residence (exemption  under  subdivision  1  of
    14  section 214 of the Real Property Law) ___;
    15  C.  Unit  is  located in an owner-occupied housing accommodation with no
    16  more than 10 units (exemption under subdivision 2 of section 214 of  the
    17  Real Property Law) ___;
    18  D.  Unit  is  subject  to  regulation  of rents or evictions pursuant to
    19  local, state, or federal law (exemption under subdivision 5  of  section
    20  214 of the Real Property Law)___;
    21  E.  Unit must be affordable to tenants at a specific income level pursu-
    22  ant to statute, regulation, restrictive declaration, or  pursuant  to  a
    23  regulatory  agreement  with a local, state, or federal government entity
    24  (exemption under subdivision 6 of section 214 of the Real Property  Law)
    25  ___;
    26  F.  Unit  is on or within a housing accommodation owned as a condominium
    27  or cooperative, or unit is on or within a housing accommodation  subject
    28  to  an  offering  plan  submitted  to the office of the attorney general
    29  (exemption under subdivision 7 of section 214 of the Real Property  Law)
    30  ___;
    31  G.  Unit  is  in  a housing accommodation that was issued a temporary or
    32  permanent certificate of occupancy within the past  30  years  (only  if
    33  building  received  the  certificate  on  or  after  January  1st, 2009)
    34  (exemption under subdivision 8 of section 214 of the Real Property  Law)
    35  ___;
    36  H.  Unit  is  a seasonal use dwelling unit under subdivisions 4 and 5 of
    37  section 7-108 of the General Obligations Law (exemption  under  subdivi-
    38  sion 9 of section 214 of the Real Property Law) ___;
    39  I.  Unit is in a hospital as defined in subdivision 1 of section 2801 of
    40  the Public Health Law, continuing  care  retirement  community  licensed
    41  pursuant to Article 46 or 46-A of the Public Health Law, assisted living
    42  residence  licensed  pursuant  to Article 46-B of the Public Health Law,
    43  adult care facility  licensed  pursuant  to  Article  7  of  the  Social
    44  Services  Law, senior residential community that has submitted an offer-
    45  ing plan to the attorney general, or not-for-profit independent  retire-
    46  ment  community  that  offers personal emergency response, housekeeping,
    47  transportation and meals to their residents (exemption under subdivision
    48  10 of section 214 of the Real Property Law) ___;
    49  J. Unit is a manufactured home located on or in a manufactured home park
    50  as defined in section 233 of the  Real  Property  Law  (exemption  under
    51  subdivision 11 of section 214 of the Real Property Law) ___;
    52  K. Unit is a hotel room or other transient use covered by the definition
    53  of  a  class B multiple dwelling under subdivision 9 of section 4 of the
    54  Multiple Dwelling Law (exemption under subdivision 12 of section 214  of
    55  the Real Property Law) ___;

        S. 8306--C                         118                        A. 8806--C
 
     1  L.  Unit  is  a dormitory owned and operated by an institution of higher
     2  education or a school (exemption under subdivision 13 of section 214  of
     3  the Real Property Law) ___;
     4  M.  Unit  is  within  and for use by a religious facility or institution
     5  (exemption under subdivision 14 of section 214 of the Real Property Law)
     6  ___;
     7  N. Unit has a monthly rent that is greater  than  the  percent  of  fair
     8  market  rent  established  in  a  local law of a village, town, or city,
     9  other than New York City, adopting the provisions of Article 6-A of  the
    10  Real Property Law, known as the New York Good Cause Eviction Law, or 245
    11  percent  of the fair market rent, as applicable. Fair market rent refers
    12  to the figure published by the United States Department of  Housing  and
    13  Urban  Development, for the county in which the housing accommodation is
    14  located, as shall be published by the Division of Housing and  Community
    15  Renewal  no  later  than  August  1st in any given year. The Division of
    16  Housing and Community Renewal shall publish the fair market rent and 245
    17  percent of the fair market rent for each unit type for which  such  fair
    18  market  rent is published by the United States Department of Housing and
    19  Urban Development for each county in New York State in the annual publi-
    20  cation required pursuant to subdivision 7 of section  211  of  the  Real
    21  Property  Law (exemption under subdivision 15 of section 214 of the Real
    22  Property Law) ___;
    23  3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A  OF  THE  REAL  PROPERTY  LAW,
    24  KNOWN  AS  THE  NEW  YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE
    25  SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE
    26  THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE
    27  LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR
    28  PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A rent increase is  presump-
    29  tively  unreasonable if the increase from the prior rent is greater than
    30  the lower of: (a) 5 percent plus the annual  percentage  change  in  the
    31  consumer  price index for all urban consumers for all items as published
    32  by the United States Bureau of Labor Statistics for the region in  which
    33  the housing accommodation is located, as published not later than August
    34  1st  of  each  year by the Division of Housing and Community Renewal; or
    35  (b) 10 percent.)  (PLEASE MARK AND FILL OUT THE APPLICABLE RESPONSE)
    36  A. The rent is not being increased above the threshold for presumptively
    37  unreasonable rent increases described above: ___;
    38  B. The rent is being increased above  the  threshold  for  presumptively
    39  unreasonable rent increases described above: ___;
    40  B-1: If the rent is being increased above the threshold for presumptive-
    41  ly  unreasonable  rent increases described above, what is the justifica-
    42  tion for the increase:
    43  _________________________________________________________________________
    44  _________________________________________________________________________
    45  _________________________________________________________________________
    46  _________________________________________________________________________
    47  4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A  OF  THE  REAL  PROPERTY  LAW,
    48  KNOWN  AS  THE  NEW  YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE
    49  SERVES TO INFORM A TENANT THAT THE LANDLORD IS  NOT  RENEWING  A  LEASE,
    50  WHAT  IS  THE  GOOD  CAUSE  FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL
    51  APPLICABLE REASONS)
    52  A. This unit is exempt from Article 6-A of the Real Property Law,  known
    53  as the New York State Good Cause Eviction Law, for the reasons stated in
    54  response  to  question  2,  above  (IF  THIS ANSWER IS CHECKED, NO OTHER
    55  ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;

        S. 8306--C                         119                        A. 8806--C
 
     1  B. The tenant is receiving this notice in connection with a first  lease
     2  or  a  renewal  lease, so the landlord does not need to check any of the
     3  lawful reasons listed below for not renewing a lease under  Article  6-A
     4  of  the  Real  Property  Law,  known  as  the  New York State Good Cause
     5  Eviction  Law (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUES-
     6  TION SHOULD BE CHECKED) ___;
     7  C. The landlord is not renewing the lease because the unit is sublet and
     8  the sublessor seeks in good faith to recover possession of the unit  for
     9  their  own  personal use and occupancy (exemption under subdivision 3 of
    10  section 214 of the Real Property Law): ___;
    11  D. The landlord is not renewing the lease because the possession, use or
    12  occupancy of the unit is solely incident to employment and  the  employ-
    13  ment  is being or has been lawfully terminated (exemption under subdivi-
    14  sion 4 of section 214 of the Real Property Law): ___;
    15  E. The landlord is not renewing the lease because the tenant has  failed
    16  to pay rent due and owing, and the rent due or owing, or any part there-
    17  of,  did  not  result from a rent increase which is unreasonable. A rent
    18  increase is presumptively unreasonable if the increase  from  the  prior
    19  rent  is  greater  than  the  lower  of:  (a)  5 percent plus the annual
    20  percentage change in the consumer price index for  all  urban  consumers
    21  for  all items as published by the United States Bureau of Labor Statis-
    22  tics for the region in which the housing accommodation  is  located,  as
    23  published  not  later  than  August  1st of each year by the Division of
    24  Housing and Community  Renewal;  or  (b)  10  percent  (good  cause  for
    25  eviction  under  paragraph a of subdivision 1 of section 216 of the Real
    26  Property Law): ___;
    27  F. The landlord is not renewing the lease because the tenant is  violat-
    28  ing  a  substantial  obligation of their tenancy or breaching any of the
    29  landlord's rules and regulations governing the premises, other than  the
    30  obligation  to  surrender possession of the premises, and the tenant has
    31  failed to cure the violation after written  notice  that  the  violation
    32  must  cease  within  10  days of receipt of the written notice. For this
    33  good cause to apply, the obligation the tenant  violated  cannot  be  an
    34  obligation  that was imposed for the purpose of circumventing the intent
    35  of Article 6-A of the Real Property Law, known as  the  New  York  State
    36  Good  Cause  Eviction  Law. The landlord's rules or regulations that the
    37  tenant has violated also must be reasonable and have  been  accepted  in
    38  writing  by  the  tenant or made a part of the lease at the beginning of
    39  the lease term (good cause for eviction under paragraph b of subdivision
    40  1 of section 216 of the Real Property Law): ___;
    41  G. The landlord is not renewing the lease because the tenant  is  either
    42  (a) committing or permitting a nuisance on the unit or the premises; (b)
    43  maliciously  or  grossly  negligently  causing substantial damage to the
    44  unit or the premises;  (c)  interfering  with  the  landlord's,  another
    45  tenant's,  or  occupants  of  the same or an adjacent building or struc-
    46  ture's comfort and safety (good cause for eviction under paragraph c  of
    47  subdivision 1 of section 216 of the Real Property Law): ___;
    48  H. The landlord is not renewing the lease because the tenant's occupancy
    49  of  the unit violates law and the landlord is subject to civil or crimi-
    50  nal penalties for continuing to let the tenant occupy the unit. For this
    51  good cause to apply, a state or  municipal  agency  having  jurisdiction
    52  must  have  issued  an order requiring the tenant to vacate the unit. No
    53  tenant shall be removed from possession of a unit on this  basis  unless
    54  the  court  finds  that  the  cure  of the violation of law requires the
    55  removal of the tenant and that the landlord did not, through neglect  or
    56  deliberate  action or failure to act, create the condition necessitating

        S. 8306--C                         120                        A. 8806--C

     1  the vacate order. If the landlord does not try to  cure  the  conditions
     2  causing  the  violation  of  the law, the tenant has the right to pay or
     3  secure payment, in a manner satisfactory  to  the  court,  to  cure  the
     4  violation.  Any  tenant  expenditures  to  cure  the  violation shall be
     5  applied against rent owed to the landlord. Even if removal of  a  tenant
     6  is  absolutely  essential  to the tenant's health and safety, the tenant
     7  shall be entitled to resume possession at such  time  as  the  dangerous
     8  conditions  have  been  removed.    The tenant also retains the right to
     9  bring an action for monetary damages against the landlord or  to  other-
    10  wise  compel the landlord to comply with all applicable state or munici-
    11  pal housing codes (good cause for eviction under paragraph d of subdivi-
    12  sion 1 of section 216 of the Real Property Law):  ___;
    13  I. The landlord is not renewing the lease because the tenant is using or
    14  permitting the unit or premises to be used for an illegal purpose  (good
    15  cause  for eviction under paragraph e of subdivision 1 of section 216 of
    16  the Real Property Law): ___;
    17  J. The landlord is not renewing the lease because the tenant has  unrea-
    18  sonably  refused  the  landlord  access  to the unit for the purposes of
    19  making necessary repairs or improvements required  by  law  or  for  the
    20  purposes  of showing the premises to a prospective purchaser, mortgagee,
    21  or other person with a legitimate interest in the premises  (good  cause
    22  for  eviction  under  paragraph f of subdivision 1 of section 216 of the
    23  Real Property Law): ___;
    24  K. The landlord is not renewing the lease because the landlord seeks  in
    25  good faith to recover possession of the unit for the landlord's personal
    26  use  and  occupancy  as  the  landlord's principal residence, or for the
    27  personal use and occupancy as a principal residence  by  the  landlord's
    28  spouse,   domestic   partner,  child,  stepchild,  parent,  step-parent,
    29  sibling, grandparent, grandchild, parent-in-law, or sibling-in-law.  The
    30  landlord  can  only  recover  the unit for these purposes if there is no
    31  other suitable housing accommodation in the building that is  available.
    32  Under  no  circumstances  can  the  landlord  recover the unit for these
    33  purposes if the tenant is (a) 65 years old or older; or (b) a  "disabled
    34  person"  as defined in subdivision 6 of section 211 of the Real Property
    35  Law. To establish this good cause in an eviction proceeding,  the  land-
    36  lord must establish good faith to recover possession of a housing accom-
    37  modation  for the uses described herein by clear and convincing evidence
    38  (good cause for eviction under paragraph g of subdivision 1  of  section
    39  216 of the Real Property Law):  ___;
    40  L.  The  landlord is not renewing the lease because the landlord in good
    41  faith seeks to demolish the housing  accommodation.  To  establish  this
    42  good  cause  in an eviction proceeding, the landlord must establish good
    43  faith to demolish the housing  accommodation  by  clear  and  convincing
    44  evidence  (good cause for eviction under paragraph h of subdivision 1 of
    45  section 216 of the Real Property Law): ___;
    46  M. The landlord is not renewing the lease because the landlord seeks  in
    47  good  faith  to  withdraw  the  unit  from the housing rental market. To
    48  establish this good cause in an eviction proceeding, the  landlord  must
    49  establish good faith to withdraw the unit from the rental housing market
    50  by  clear  and  convincing evidence (good cause for eviction under para-
    51  graph i of subdivision 1 of section 216 of the Real Property Law): ___;
    52  N. The landlord is not renewing the lease because the tenant has  failed
    53  to  agree  to  reasonable changes at lease renewal, including reasonable
    54  increases in rent, and the landlord gave written notice of  the  changes
    55  to  the  lease to the tenant at least 30 days, but no more than 90 days,
    56  before the current lease  expired.  A  rent  increase  is  presumptively

        S. 8306--C                         121                        A. 8806--C
 
     1  unreasonable  if  the  increase  from the prior rent is greater than the
     2  lower of: (a) 5 percent plus the annual percentage change in the consum-
     3  er price index for all urban consumers for all items as published by the
     4  United  States  Bureau  of  Labor Statistics for the region in which the
     5  housing accommodation is located, as published by  August  1st  of  each
     6  year by the Division of Housing and Community Renewal; or (b) 10 percent
     7  (good  cause  for eviction under paragraph j of subdivision 1 of section
     8  216 of the Real Property Law):___.
     9    § 4. Subdivision 2 of section 711 of the  real  property  actions  and
    10  proceedings law, as amended by section 12 of part M of chapter 36 of the
    11  laws of 2019, is amended to read as follows:
    12    2.  The  tenant  has defaulted in the payment of rent, pursuant to the
    13  agreement under which the premises are held, and a written demand of the
    14  rent has been made with at least fourteen days' notice requiring, in the
    15  alternative, the payment of the rent, or the possession of the premises,
    16  has been served upon [him] the tenant as  prescribed  in  section  seven
    17  hundred  thirty-five  of  this  article.   The fourteen-day notice shall
    18  append or contain the notice required pursuant to  section  two  hundred
    19  thirty-one-c  of the real property law, which shall state the following:
    20  (i) if the premises are or are not subject to article six-A of the  real
    21  property  law,  the  "good  cause eviction law", and if the premises are
    22  exempt, such notice shall state why the premises are  exempt  from  such
    23  law;  (ii)  if the landlord is not renewing the lease for a unit subject
    24  to article six-A of the real property law, the  lawful  basis  for  such
    25  non-renewal;  and  (iii)  if the landlord is increasing the rent upon an
    26  existing lease of a unit subject to article six-A of the  real  property
    27  law  above the applicable local rent standard, as defined in subdivision
    28  eight of section two hundred eleven of the real property law, the justi-
    29  fication for such increase. Any  person  succeeding  to  the  landlord's
    30  interest in the premises may proceed under this subdivision for rent due
    31  [his]  such person's predecessor in interest if [he has] such person has
    32  a right thereto. Where a tenant dies during the term of  the  lease  and
    33  rent  due  has  not  been paid and the apartment is occupied by a person
    34  with a claim to possession, a proceeding may  be  commenced  naming  the
    35  occupants of the apartment seeking a possessory judgment only as against
    36  the  estate.  Entry of such a judgment shall be without prejudice to the
    37  possessory claims of the occupants, and any warrant issued shall not  be
    38  effective as against the occupants.
    39    §  5.  Section 741 of the real property actions and proceedings law is
    40  amended by adding two new subdivisions 5-a and 5-b to read as follows:
    41    5-a.  Append or incorporate the notice required  pursuant  to  section
    42  two hundred thirty-one-c of the real property law, which shall state the
    43  following:   (i) if the premises are or are not subject to article six-A
    44  of the real property law, the "good cause  eviction  law",  and  if  the
    45  premises  are  exempt,  such  petition  shall state why the premises are
    46  exempt from such law; (ii) if the landlord is not renewing the lease for
    47  a unit subject to article six-A of the real  property  law,  the  lawful
    48  basis  for such non-renewal; and (iii) if the landlord is increasing the
    49  rent upon an existing lease of a unit subject to article  six-A  of  the
    50  real  property  law above the applicable local rent standard, as defined
    51  in subdivision eight of section two hundred eleven of the real  property
    52  law, the justification for such increase.
    53    5-b. If the petitioner claims exemption from the provisions of article
    54  six-A  of  the  real property law pursuant to subdivision one of section
    55  two hundred fourteen of the real property law, append or incorporate the

        S. 8306--C                         122                        A. 8806--C
 
     1  information required pursuant to subdivision one of section two  hundred
     2  fourteen of the real property law.
     3    § 6. Severability. If any provision of this act, or any application of
     4  any  provision of this act, is held to be invalid, that shall not affect
     5  the validity or effectiveness of any other provision of this act, or  of
     6  any  other  application of any provision of this act, which can be given
     7  effect without that provision or  application;  and  to  that  end,  the
     8  provisions and applications of this act are severable.
     9    § 7. This act shall take effect immediately and shall apply to actions
    10  and  proceedings  commenced  on  or after such effective date; provided,
    11  however, that:
    12    (a) sections two, three, four, and five of this act shall take  effect
    13  on the one hundred twentieth day after this act shall have become a law;
    14    (b) this act shall expire and be deemed repealed on June 15, 2034; and
    15    (c)  any  local law as may be enacted pursuant to subdivision 1 of 213
    16  of article 6-A of the real property law established by  section  one  of
    17  this act shall remain in full force and effect only until June 15, 2034.
    18    Effective  immediately,  the addition, amendment, and/or repeal of any
    19  rule or regulation necessary for the implementation of this act  on  its
    20  effective date are authorized to be made and completed on or before such
    21  date.
 
    22                                   PART II
 
    23    Section  1.  The opening paragraph of section 711 of the real property
    24  actions and proceedings law, as amended by section 12 of part M of chap-
    25  ter 36 of the laws of 2019, is amended to read as follows:
    26    A tenant shall include an occupant of one or more rooms in  a  rooming
    27  house  or a resident, not including a transient occupant, of one or more
    28  rooms in a hotel who has been in possession for thirty consecutive  days
    29  or  longer.  A tenant shall not include a squatter.  For the purposes of
    30  this section, a squatter is a person who enters onto  or  intrudes  upon
    31  real   property  without  the  permission  of  the  person  entitled  to
    32  possession, and continues to occupy the property without title, right or
    33  permission of the owner  or  owner's  agent  or  a  person  entitled  to
    34  possession.  In the event of a conflict between the provisions regarding
    35  squatters of this section and the provisions  of  subdivision  three  of
    36  section  seven  hundred  thirteen  of  this  article,  the provisions of
    37  section seven hundred thirteen of this article shall be controlling.  No
    38  tenant  or  lawful occupant of a dwelling or housing accommodation shall
    39  be removed from possession except in a  special  proceeding.  A  special
    40  proceeding  may  be  maintained  under  this  article upon the following
    41  grounds:
    42    § 2. This act shall take effect immediately.
 
    43                                   PART JJ
 
    44    Section 1. Section 421-a of the real property tax law  is  amended  by
    45  adding a new subdivision 18 to read as follows:
    46    18. (a) For the purposes of this subdivision:
    47    (i)  "Agency"  shall have the same meaning as in subparagraph (xvi) of
    48  paragraph (a) of subdivision sixteen of this section.
    49    (ii) "Audit" shall mean any audit of an eligible property performed by
    50  the agency under the program created by the agency pursuant to paragraph
    51  (b) of this subdivision.

        S. 8306--C                         123                        A. 8806--C

     1    (iii) "Eligible property" shall mean any  eligible  multiple  dwelling
     2  that  was granted benefits under the Affordable New York Housing Program
     3  pursuant to this section, and any previous iteration of such tax benefit
     4  program, on or after January  first,  two  thousand  fourteen,  and  was
     5  subject  to  rent registration, affordability, and/or rent stabilization
     6  requirements pursuant to this section on or  after  January  first,  two
     7  thousand fourteen.
     8    (b)  The  agency  shall  create a program to annually audit and review
     9  eligible properties to confirm that owners of  eligible  properties  are
    10  complying with the rent registration, affordability, and rent stabiliza-
    11  tion  requirements  of  the  applicable subdivision of this section. Any
    12  owner of an eligible property subject to an audit shall provide any  and
    13  all  information, data, or documentation within such owner's or an agent
    14  of such owner's reasonable possession or control to the agency which the
    15  agency requests, in such form or manner as the agency requests, in order
    16  to complete an audit. The division of housing and community renewal  and
    17  the  New York city department of finance shall cooperate with the agency
    18  to provide such  information  within  their  reasonable  possession  and
    19  control  to the agency as the agency may request, in such form or manner
    20  as the agency requests, to carry out an audit. The initial  audit  shall
    21  be  completed  on  or before December thirty-first, two thousand twenty-
    22  five. The agency shall publish the results of the audit annually  on  or
    23  before  December  thirty-first  and  shall make the results of any audit
    24  publicly available on the agency's website.  No  more  than  twenty-five
    25  percent  of  eligible properties shall be subject to an audit each year,
    26  and no eligible property shall be subject to an audit in two consecutive
    27  audits. The agency shall  select  properties  for  an  audit  through  a
    28  randomized process to be established and implemented by the agency. Only
    29  eligible  properties that received benefits and were subject to afforda-
    30  bility, rent stabilization, and/or rent registration requirements during
    31  the prior year shall be considered eligible.
    32    (c) (i) If an audit finds that any owner of an  eligible  property  is
    33  not  in  compliance  with  the rent registration, affordability, or rent
    34  stabilization  requirements  of  the  applicable  subdivision  of   this
    35  section,  the  agency  shall,  where  necessary for enforcement, present
    36  evidence of such noncompliance to the division of housing and  community
    37  renewal  and  the New York city department of finance of such noncompli-
    38  ance no later than fifteen days after the results of the audit have been
    39  published on the agency's website.
    40    (ii) The agency, the division of housing and  community  renewal,  and
    41  the  New  York  city department of finance may enforce any noncompliance
    42  with  the  rent  registration,  affordability,  and  rent  stabilization
    43  requirements  of  the  applicable  subdivision  of this section that are
    44  identified pursuant to an audit as authorized under this section or  any
    45  other law, rule, or regulation.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART KK
 
    48    Section  1. The private housing finance law is amended by adding a new
    49  article 32 to read as follows:
    50                                  ARTICLE 32
    51      NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP AND RENTAL HOUSING
    52                                  PROGRAMS
    53  Section 1290. New York housing for the future homeownership program.
    54    1291. New York housing for the future rental housing program.

        S. 8306--C                         124                        A. 8806--C
 
     1    § 1290. New York housing for  the  future  homeownership  program.  1.
     2  Program  establishment.  Within amounts appropriated or otherwise avail-
     3  able therefor, the division of housing and community renewal, the  hous-
     4  ing  trust fund corporation, or the housing finance agency shall develop
     5  and  administer  a program which shall provide assistance in the form of
     6  payments, grants and loans for the formation of limited  equity  cooper-
     7  ative  housing utilizing funding appropriated for such a purpose as well
     8  as any other funding source or sources which the commissioner may deter-
     9  mine is suitable to support such a program. Such program may utilize any
    10  appropriate site, including, but not  limited  to,  state  owned  sites,
    11  municipally  owned sites, or sites owned by a not-for-profit corporation
    12  or community land trust for the purpose of providing housing pursuant to
    13  this section. Real property may be acquired by a  municipality  for  the
    14  purpose  of  such program as authorized pursuant to section five hundred
    15  seventy-six-a of this chapter, provided, however, that any  acquisitions
    16  or transfers undertaken to further the goals of this article pursuant to
    17  such section shall not be required to be transferred to a housing devel-
    18  opment  fund company incorporated and organized pursuant to section five
    19  hundred seventy-three of this chapter.  Such program shall  provide  (a)
    20  housing  for  households  with  an  income  up to one hundred and thirty
    21  percent of area median income at the time of purchase, provided  further
    22  that  households that are initially eligible for the program at the time
    23  of purchase but realize income  gains  subsequent  to  purchase  may  be
    24  required to pay a surcharge as determined by the division of housing and
    25  community renewal or other supervising agency, as the case may be, (b) a
    26  process in which households shall have the ability to accrue equity over
    27  time, and (c) that housing units created pursuant to this section remain
    28  affordable  in  perpetuity. The commissioner may also assist prospective
    29  homebuyers to identify funding sources that provide low  interest  loans
    30  to prospective homebuyers.
    31    2.  Additional responsibilities. The division of housing and community
    32  renewal, the housing trust fund  corporation,  or  the  housing  finance
    33  agency  shall have the power to issue regulations, plans, guidance docu-
    34  ments, or set terms in regulatory agreements to implement  such  program
    35  and the process for:
    36    (a)  homebuyers obtaining a new unit which shall include both confirm-
    37  ing income qualifications as well as a restriction on the maximum amount
    38  of assets any qualified homebuyer may have;
    39    (b) selling shares in the cooperative in such a way as the affordabil-
    40  ity of the cooperative is maintained while allowing households  to  gain
    41  equity over time;
    42    (c) prohibiting the use of a fixed percentage appreciation cap for the
    43  purposes of determining an allowable sales price for shares in the coop-
    44  erative;
    45    (d)  selecting  new  households eligible to purchase housing which has
    46  been vacated by a previous owner; and
    47    (e) the creation of boards of directors for such limited profit  hous-
    48  ing  companies  established  by this chapter, provided however that such
    49  boards shall have the powers and be subject to the limitations contained
    50  in the not-for-profit corporation law in the same manner and subject  to
    51  the same exceptions as set forth in section thirteen-a of the this chap-
    52  ter.
    53    3. Management. All such housing projects shall be managed independent-
    54  ly  of  the  residents of the project by a corporation or not-for-profit
    55  corporation determined qualified by the division of housing and communi-
    56  ty renewal or other supervising agency, as the  case  may  be,  provided

        S. 8306--C                         125                        A. 8806--C
 
     1  further  that the board of the limited equity cooperative housing corpo-
     2  ration shall have oversight over such qualified corporation or  not-for-
     3  profit corporation in accordance with standards or guidelines set by the
     4  division  of  housing and community renewal or other supervising agency,
     5  as the case may be.  Any regulatory agreement that is executed for  such
     6  program  shall  include  a  requirement  that  resident maintenance fees
     7  increase by a minimum percentage annually to ensure  that  such  housing
     8  continues to be in good repair.
     9    4.  Tax exemptions. Housing for such program shall be eligible for tax
    10  exemptions in the same manner as projects under article eleven  of  this
    11  chapter.
    12    5.  Wage requirements. Notwithstanding any law, rule, or regulation to
    13  the contrary, any project constructed pursuant to this section shall  be
    14  subject  to prevailing wage requirements in accordance with sections two
    15  hundred twenty and two hundred twenty-b  of  the  labor  law;  provided,
    16  however,   such  requirements  shall  not  apply  to  construction  work
    17  performed under a pre-hire collective bargaining  agreement  between  an
    18  owner or developer and a bona fide building and construction trade labor
    19  organization  which  has established itself and/or its affiliates as the
    20  collective bargaining representative for all persons  who  will  perform
    21  work  on  such  a  project, and which provides that only contractors and
    22  subcontractors who sign a pre-negotiated agreement with the labor organ-
    23  ization can perform work on such a project.
    24    § 1291.  New York housing for the future rental  housing  program.  1.
    25  Program  establishment.  Within amounts appropriated or otherwise avail-
    26  able therefor, the division of housing and community renewal, the  hous-
    27  ing  trust fund corporation, or the housing finance agency shall develop
    28  and administer a program which shall provide assistance in the  form  of
    29  payments,  grants  and  loans for the formation of income-limited rental
    30  housing utilizing funding appropriated for such a purpose as well as any
    31  other funding source or sources which the commissioner may determine  is
    32  suitable  to support such a program. Such program may utilize any appro-
    33  priate site, including, but not limited to, state owned  sites,  munici-
    34  pally  owned  sites,  or  sites owned by a not-for-profit corporation or
    35  community land trust for the purpose of providing  housing  pursuant  to
    36  this  section.  Real  property may be acquired by a municipality for the
    37  purpose of such program as authorized pursuant to section  five  hundred
    38  seventy-six-a  of this chapter, provided, however, that any acquisitions
    39  or transfers undertaken to further the goals of this article pursuant to
    40  such section shall not be required to be transferred to a housing devel-
    41  opment fund company incorporated and organized pursuant to section  five
    42  hundred  seventy-three  of  this chapter. Such program shall provide (a)
    43  housing for households with an income  up  to  one  hundred  and  thirty
    44  percent of area median income at the time such household initially occu-
    45  pies  a unit, provided further that households that are initially eligi-
    46  ble for the program at the time such household initially occupies a unit
    47  but realize income gains  subsequent  to  occupying  such  unit  may  be
    48  required to pay a surcharge as determined by the division of housing and
    49  community  renewal  or other supervising agency, as the case may be, and
    50  (b) that housing units created pursuant to this section remain  afforda-
    51  ble in perpetuity.
    52    2.  Additional responsibilities. The division of housing and community
    53  renewal, the housing trust fund  corporation,  or  the  housing  finance
    54  agency  shall have the power to issue regulations, plans, guidance docu-
    55  ments, or set terms in regulatory agreements to implement  such  program
    56  and  the  process  for:   (a) renters leasing a unit which shall include

        S. 8306--C                         126                        A. 8806--C

     1  both confirming income qualifications as well as a  restriction  on  the
     2  maximum  amount  of  assets any qualified renter may have; (b) selecting
     3  new households eligible to rent housing which  has  been  vacated  by  a
     4  previous  renter;  and  (c) the creation of boards of directors for such
     5  income-limited rental housing companies  established  by  this  chapter,
     6  provided  however  that such boards shall have the powers and be subject
     7  to the limitations contained in the not-for-profit  corporation  law  in
     8  the  same  manner  and  subject  to  the same exceptions as set forth in
     9  section thirteen-a of this chapter.
    10    3. Management. All such income-limited rental housing  projects  shall
    11  be  managed  independently  of  the residents of the project by a corpo-
    12  ration or not-for-profit corporation determined qualified by  the  divi-
    13  sion  of  housing  and community renewal or other supervising agency, as
    14  the case may be, in accordance with standards or guidelines set  by  the
    15  division  of  housing and community renewal or other supervising agency,
    16  as the case may be. Any regulatory agreement that is executed  for  such
    17  program  shall  include  a requirement that resident rent increases by a
    18  minimum percentage annually to ensure that such housing continues to  be
    19  in good repair.
    20    4.  Tax exemptions. Housing for such program shall be eligible for tax
    21  exemptions in the same manner as projects under article eleven  of  this
    22  chapter.
    23    5.  Wage requirements. Notwithstanding any law, rule, or regulation to
    24  the contrary, any project constructed pursuant to this section shall  be
    25  subject  to prevailing wage requirements in accordance with sections two
    26  hundred twenty and two hundred twenty-b  of  the  labor  law;  provided,
    27  however,   such  requirements  shall  not  apply  to  construction  work
    28  performed under a pre-hire collective bargaining  agreement  between  an
    29  owner or developer and a bona fide building and construction trade labor
    30  organization  which  has established itself and/or its affiliates as the
    31  collective bargaining representative for all persons  who  will  perform
    32  work  on  such  a  project, and which provides that only contractors and
    33  subcontractors who sign a pre-negotiated agreement with the labor organ-
    34  ization can perform work on such a project.
    35    § 2. This act shall take effect immediately.
 
    36                                   PART LL
 
    37    Section 1. This act shall be known and may be  cited  as  the  "Doctor
    38  John L. Flateau Voting and Elections Database of New York Act".
    39    § 2. The election law is amended by adding a new section 3-112 to read
    40  as follows:
    41    §  3-112.  State  board of elections; uniform standards for processing
    42  data requests and duty to send data and information to  statewide  data-
    43  base.  1. For the purposes of this section the term "election authority"
    44  shall mean any local government entity primarily responsible  for  main-
    45  taining  the  records listed in this section, including, but not limited
    46  to, any county or city board of elections, or any  county,  city,  town,
    47  village,  or  school  district  that  administers their own elections or
    48  maintain their own voting and election records.
    49    1-a. There is hereby established within the state board  of  elections
    50  the  New  York  voting  and elections database. Such database shall be a
    51  central repository of certain elections and voting data available to the
    52  public from an election authority in  the  state.  The  state  board  of
    53  elections  shall  collect,  host,  and  maintain in an electronic format

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     1  records provided to the  state  board  of  elections  pursuant  to  this
     2  section. Such records shall be maintained for at least twelve years.
     3    1-b. The state board of elections, shall promulgate regulations within
     4  one  hundred  eighty  days of the effective date of this section on data
     5  standards for the method of processing and transmitting records required
     6  to be provided pursuant to this section. Such data standards promulgated
     7  by the state board of elections pursuant to this subdivision shall:
     8    (a) be consistent with any relevant standards, guidelines, or guidance
     9  developed by the national institute of  standards  and  technology,  the
    10  election  assistance commission, or the cybersecurity and infrastructure
    11  security agency; and
    12    (b) apply to every election authority in the state.
    13    2. Upon the certification of election results and  the  completion  of
    14  the  voter  history  file  after every election, each election authority
    15  shall, by January first after such  election,  or  within  ten  business
    16  days,  whichever  is later, transmit to the state board of elections, if
    17  such election authority is able to maintain the record, copies  of:  (a)
    18  election  results  at  the  election  district level for every statewide
    19  election and every election in every political subdivision; (b)  contem-
    20  poraneous voter registration lists; (c) voter history files; (d) maps or
    21  other  documentation  of the configuration of districts in any format or
    22  formats as specified by the state board of elections; (e) tabulations of
    23  the number of valid and invalid affidavit ballots, the reasons for which
    24  affidavit ballots were invalid, and  the  quantity  and  disposition  of
    25  affidavit  ballots  subject to the cure procedure prescribed by subdivi-
    26  sion three of section 9-209 of this  chapter;  (f)  tabulations  of  the
    27  number  of  valid  and  invalid  absentee ballots, the reasons for which
    28  absentee ballots were invalid  and  the  quantity  of  absentee  ballots
    29  invalid for each such reason, and the quantity and disposition of absen-
    30  tee  ballots  subject  to  the  cure procedure prescribed by subdivision
    31  three of section 9-209 of this chapter; (g) lists of election  day  poll
    32  sites  and  early  voting  sites  and maps or other documentation of the
    33  configuration of districts in any format or formats as specified by  the
    34  state  board  of  elections  of  the election districts assigned to each
    35  election day poll site or early voting site; (h) adopted districting  or
    36  redistricting  plans  for every election in every political subdivision;
    37  and (i) any other publicly available data  as  requested  by  the  state
    38  board  of  elections.  Nothing  in  this  section  shall be construed to
    39  require an election authority to create or otherwise provide a record it
    40  is not capable of collecting. Within sixty days of  receipt  of  records
    41  pursuant  to  this  section,  the New York voting and elections database
    42  shall post such records to its  public  facing  website,  provided  that
    43  individual  voter  registration records shall not be published, but only
    44  made available to the public upon request pursuant to  subdivision  five
    45  of section 3-103 of the election law. No cost shall be charged to access
    46  such records.
    47    3.  The  state  board  of elections shall provide the attorney general
    48  with access to copies of the non-confidential fields  of  the  statewide
    49  voter  database  or  any  similar successor statewide voter registration
    50  database upon request, in a  single  tabular  data  file  in  a  common,
    51  machine readable format that can be readily accessed and analyzed.
    52    4.  Every  six  months,  the  state board of elections shall determine
    53  which election authorities have failed to transmit records to the  state
    54  board  of elections pursuant to this section and shall publish a list of
    55  such election authorities. Upon publication of  the  list,  an  election
    56  authority  that  failed  to  transmit  records  to  the  state  board of

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     1  elections pursuant to this section shall have a cure period of ten busi-
     2  ness days to come into compliance or  provide  to  the  state  board  of
     3  elections  an  adequate reason the authority is not capable of transmit-
     4  ting  such  records.  The  state  board  of  elections  may determine an
     5  adequate reason for non-compliance  pursuant  to  its  rules  and  regu-
     6  lations. If after ten business days, the election authority has taken no
     7  action  to  cure  its non-compliance the state board of elections or the
     8  attorney general may file an action against such election  authority  to
     9  enforce compliance with the requirements of this section.
    10    §  3. The civil practice law and rules is amended by adding a new rule
    11  4551 to read as follows:
    12    Rule 4551. New York voting and elections database. The data,  informa-
    13  tion,  and/or  estimates maintained by the New York voting and elections
    14  database within the state board of elections or  copies  of  such  data,
    15  information  and/or  estimates provided to the attorney general pursuant
    16  to subdivision three of section 3-112  of  the  election  law  shall  be
    17  granted a rebuttable presumption of validity by any court concerning any
    18  claim brought.
    19    § 4. The education law is amended by adding a new section 2614 to read
    20  as follows:
    21    § 2614. Transmission of publicly available data to the New York voting
    22  and  elections  database. Upon the certification of election results and
    23  the completion of the voter  history  file  after  each  election,  each
    24  school  district  that  holds  elections  pursuant to this article shall
    25  transmit copies of  records  required  to  be  transmitted  pursuant  to
    26  section  3-112  of the election law in a manner and time provided for in
    27  such section.
    28    § 5. Section 2038 of the education law is renumbered section 2039  and
    29  a new section 2038 is added to read as follows:
    30    § 2038. Transmission of publicly available data to the New York voting
    31  and  elections  database. Upon the certification of election results and
    32  the completion of the voter  history  file  after  each  election,  each
    33  school district that holds school board elections pursuant to this arti-
    34  cle  shall  transmit  copies  of  the records required to be transmitted
    35  pursuant to section 3-112 of the election  law  in  a  manner  and  time
    36  provided for in such section.
    37    §  6.  Section  2553  of  the education law is amended by adding a new
    38  subdivision 2-a to read as follows:
    39    2-a. Upon the certification of election results and the completion  of
    40  the  voter  history  file after each election, each school district that
    41  holds school board elections pursuant to  this  article  shall  transmit
    42  copies  of  the  records  required to be transmitted pursuant to section
    43  3-112 of the election law in a manner and  time  provided  for  in  such
    44  section.
    45    §  7.  The  election  law is amended by adding a new section 15-140 to
    46  read as follows:
    47    § 15-140. Transmission of publicly available  data  to  the  New  York
    48  voting  and  elections  database.  Upon  the  certification  of election
    49  results and  the  completion  of  the  voter  history  file  after  each
    50  election,  each  village that holds an election not conducted by a board
    51  of elections pursuant to this article shall transmit to the state  board
    52  of  elections  copies of the records required to be transmitted pursuant
    53  to section 3-112 of this chapter in a manner and time  provided  for  in
    54  such section.
    55    §  8.  This act shall take effect April 1, 2026 and shall apply to any
    56  election on or after such date.  Effective  immediately,  the  addition,

        S. 8306--C                         129                        A. 8806--C
 
     1  amendment  and/or  repeal  of  any  rule or regulation necessary for the
     2  implementation of this act on its effective date are  authorized  to  be
     3  made and completed on or before such date.
 
     4                                   PART MM
 
     5    Section 1. Chapter 238 of the laws of 2021, relating to permitting the
     6  use of municipal space for outdoor dining, is REPEALED.
     7    §  2.  The  alcoholic  beverage control law is amended by adding a new
     8  section 111-a to read as follows:
     9    § 111-a. Use of contiguous and non-contiguous municipal  public  space
    10  for  on-premises  alcoholic  beverage sales by certain licensees. 1. The
    11  holder of a retail  on-premises  license  issued  pursuant  to  sections
    12  fifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eight-
    13  y-one,  or  eighty-one-a of this chapter or a manufacturing license that
    14  includes a privilege to sell and/or serve alcoholic beverages at  retail
    15  for  on-premises consumption on the licensed premises issued pursuant to
    16  section thirty, thirty-one, fifty-one, fifty-one-a, fifty-eight,  fifty-
    17  eight-c,  subdivision  two-c  of section sixty-one, section seventy-six,
    18  seventy-six-a, seventy-six-c, or seventy-six-d of this chapter may  file
    19  an alteration application with the authority pursuant to subdivision one
    20  of section ninety-nine-d of this chapter for permission to add municipal
    21  public space that is either contiguous or non-contiguous to the licensed
    22  premises.  Upon approval of such alteration application, such a licensee
    23  may exercise the privilege to sell and/or serve alcoholic  beverages  at
    24  retail  for on-premises consumption on contiguous municipal public space
    25  or non-contiguous municipal public space provided:
    26    (a) the municipality in which the licensed premises is located  issues
    27  a  permit  or the responsible municipal regulatory body or agency issues
    28  written authorization to the licensee to sell and/or serve food on  such
    29  contiguous  municipal  public  space  or non-contiguous municipal public
    30  space;
    31    (b) the licensee submits to the liquor authority a copy of such munic-
    32  ipal permit or other written authorization  along  with  the  alteration
    33  application;
    34    (c)  the licensee submits to the liquor authority a copy of the permit
    35  application submitted to the municipality to obtain the municipal permit
    36  or other written authorization from  the  municipality  along  with  the
    37  alteration application;
    38    (d)  the  licensee submits to the liquor authority a diagram depicting
    39  both the licensed premises and the contiguous municipal public space  or
    40  non-contiguous  municipal  public  space to be used by the licensee with
    41  the alteration application;
    42    (e) the licensee submits to the liquor authority  proof  that  it  has
    43  provided  community  notification to the municipality, including munici-
    44  palities outside the city of New York, in a manner  consistent  with  or
    45  required by subdivision two of section one hundred ten-b of this article
    46  as required for the city of New York;
    47    (f)  the licensee submits proof to the liquor authority that: (i) such
    48  licensee has obtained workers' compensation insurance for all employees,
    49  as required by the workers' compensation law; and (ii) such licensee has
    50  obtained general liability insurance to provide coverage against liabil-
    51  ity for injury sustained by persons on the contiguous  municipal  public
    52  space or non-contiguous municipal public space used by the licensee and,
    53  if  applicable,  persons and cyclists using or crossing a bike thorough-
    54  fare that connects the licensed premises to the non-contiguous municipal

        S. 8306--C                         130                        A. 8806--C
 
     1  public space used by the licensee.  The  licensee  shall  maintain  such
     2  general  liability  coverage  during the term of its municipal permit or
     3  written authorization to use the contiguous municipal  public  space  or
     4  non-contiguous municipal public space; and
     5    (g)  use  of  any  such  contiguous or non-contiguous municipal public
     6  space meets all applicable federal, state or local  laws,  rules,  regu-
     7  lations, guidance, conditions or requirements.
     8    2.  For  the  purposes  of this section: (a) "non-contiguous municipal
     9  public space" shall mean space that: (i) is located in front of, behind,
    10  or to the side of the licensed premises; (ii)  is  within  the  property
    11  boundaries of the licensed premises as extended out; or within the prop-
    12  erty boundaries of the nearest adjacent properties on either side; (iii)
    13  does  not extend further than the midline of any public roadway; (iv) is
    14  separated from the licensed premises only by one or more of the  follow-
    15  ing:  a  pedestrian thoroughfare, a thoroughfare primarily restricted to
    16  use by bicycles, or a portion of a thoroughfare with such  restrictions;
    17  and  (v) otherwise complies with all applicable federal, state and local
    18  requirements.
    19    (b) "Contiguous municipal public space" shall mean space that: (i)  is
    20  located  in  front  of, behind, or to the side of the licensed premises;
    21  (ii) is within the property  boundaries  of  the  licensed  premises  as
    22  extended  out; or within the property boundaries of the nearest adjacent
    23  properties on either side; (iii) otherwise complies with all  applicable
    24  federal, state and local requirements.
    25    3. Licensees choosing to utilize non-contiguous municipal public space
    26  that includes a thoroughfare primarily restricted to use by bicycles, or
    27  a portion of a thoroughfare with such restrictions, shall post a sign or
    28  poster  in said municipal outdoor space with conspicuous lettering in at
    29  least seventy-two point bold face font that  states:  "CAUTION:  BICYCLE
    30  LANE" prior to and while utilizing any such municipal space for on-prem-
    31  ises alcoholic beverage sales to patrons. Such licensees shall be solely
    32  responsible  for production of and maintenance of such signage.  Compli-
    33  ance by the licensee with the provisions  of  any  local  law  requiring
    34  posting  of  warning  signs regarding bicycle lanes enacted on or before
    35  the effective date of this section shall be deemed to be  in  compliance
    36  with  the provisions of this section. Nothing contained herein, however,
    37  shall be deemed to exempt any licensee  not  otherwise  subject  to  the
    38  provisions  of  any such local law from complying with the provisions of
    39  this section.
    40    4. If at any time the municipality revokes,  cancels  or  suspends  or
    41  otherwise terminates the licensee's authorization to use such contiguous
    42  municipal  public  space  or  non-contiguous municipal public space, the
    43  licensee shall immediately cease exercising the privilege to sell and/or
    44  serve alcoholic beverages at retail for consumption  on  such  municipal
    45  public  space. The licensee shall then file a new alteration application
    46  removing the municipal public space  from  its  licensed  premises.  The
    47  failure  to  file a new alteration application with the authority within
    48  ten business days of the revocation, cancellation, suspension, or  other
    49  termination by the local municipality of the licensee's authorization to
    50  use  such  contiguous  or non-contiguous municipal public space shall be
    51  cause for revocation, cancellation, suspension and/or  imposition  of  a
    52  civil penalty against the license in accordance with section one hundred
    53  eighteen of this article.
    54    5.  The  authority  may  promulgate guidance, rules and/or regulations
    55  necessary to implement the provisions of this  section.  Notwithstanding
    56  existing  provisions  of  this  chapter,  the authority is authorized to

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     1  provide simplified applications and notification procedures  for  licen-
     2  sees seeking to utilize municipal space for on-premises alcoholic bever-
     3  age  sales  whenever  possible  or  appropriate. Nothing in this section
     4  shall prohibit the authority from requesting additional information from
     5  any  applicant seeking to use new municipal space or renewal of existing
     6  municipal space.
     7    § 3. This act shall take effect immediately and  shall  apply  to  all
     8  applications  received  by  the state liquor authority on and after such
     9  effective date.  Effective immediately, the authority is  authorized  to
    10  undertake  the  addition,  amendment  and/or repeal of any rule or regu-
    11  lation necessary for the implementation of this act.
 
    12                                   PART NN

    13    Section 1. Subparagraph (i-a) of  paragraph  b  of  subdivision  9  of
    14  section  140  of the transportation law, as added by section 4 of part K
    15  of a chapter of the laws of 2024, amending the  transportation  law  and
    16  the  vehicle  and traffic law relating to enacting the stretch limousine
    17  passenger safety act, as proposed in legislative bills numbers S. 8308-C
    18  and A. 8808-C, is amended to read as follows:
    19    (i-a) No person, corporation, limited liability  company  or  business
    20  entity,  joint  stock  association, partnership, or any officer or agent
    21  thereof, shall operate or knowingly allow, require, permit or  authorize
    22  any person to operate a motor vehicle while under suspension as provided
    23  in  subparagraph  (i)  of this [subdivision] paragraph.   A violation of
    24  this subparagraph shall constitute a class A misdemeanor punishable by a
    25  fine of not less than five thousand dollars nor  more  than  twenty-five
    26  thousand dollars in addition to any other penalties provided by law.
    27    §  2.  This  act  shall  take  effect on the same date and in the same
    28  manner as section 4 of part K of a chapter of the laws of 2024, amending
    29  the transportation law and the  vehicle  and  traffic  law  relating  to
    30  enacting  the  stretch  limousine  passenger  safety act, as proposed in
    31  legislative bills numbers S. 8308-C and A.  8808-C, takes effect.
 
    32                                   PART OO
 
    33    Section 1. Short title. This act shall be known and may  be  cited  as
    34  "Sammy's law".
    35    §  2.  Paragraphs  26 and 27 of subdivision (a) of section 1642 of the
    36  vehicle and traffic law, paragraph 26  as  added  and  paragraph  27  as
    37  amended  by  chapter  248  of  the  laws of 2014, are amended to read as
    38  follows:
    39    26. (a) With respect to highways (which term for the purposes of  this
    40  paragraph shall include private roads open to public motor vehicle traf-
    41  fic)  in such city, other than state highways maintained by the state on
    42  which the department of transportation shall have established higher  or
    43  lower  speed  limits  than the statutory fifty-five miles per hour speed
    44  limit as provided in section sixteen hundred twenty of this title, or on
    45  which the department of transportation shall have designated  that  such
    46  city  shall not establish any maximum speed limit as provided in section
    47  sixteen hundred twenty-four of this title, subject  to  the  limitations
    48  imposed by section sixteen hundred eighty-four of this title, establish-
    49  ment  of  maximum speed limits at which vehicles may proceed within such
    50  city or within designated areas of such city higher or  lower  than  the
    51  fifty-five  miles  per hour maximum statutory limit. No such speed limit
    52  applicable throughout such city or within designated areas of such  city

        S. 8306--C                         132                        A. 8806--C
 
     1  shall  be  established at less than [twenty-five] twenty miles per hour,
     2  except that (i) school speed limits may be established at no  less  than
     3  fifteen  miles  per  hour  pursuant to the provisions of section sixteen
     4  hundred  forty-three  of  this article, and (ii) on portions of highways
     5  that consist of three or more vehicular travel lanes in the same  direc-
     6  tion outside of New York county, speed limits shall be established at no
     7  less than twenty-five miles per hour.
     8    (b)  A  city shall not lower or raise a speed limit [by more than five
     9  miles per hour] pursuant to this paragraph  unless  such  city  provides
    10  written  notice  and an opportunity to comment to the community board or
    11  community boards established pursuant to section twenty-eight hundred of
    12  the New York city charter with jurisdiction over the area in  which  the
    13  lower  or higher speed limit shall apply. Such notice may be provided by
    14  electronic mail and shall be provided sixty days prior to the establish-
    15  ment of such lower or higher speed limit and a community board may issue
    16  an advisory opinion prior to the  raising  or  lowering  of  such  speed
    17  limit. Notwithstanding any inconsistent provision of this subdivision, a
    18  speed  limit  applicable  throughout  such city shall only be lowered or
    19  raised pursuant to a local law.
    20    27. (a) Establishment of  maximum  speed  limits  below  [twenty-five]
    21  twenty  miles  per  hour at which motor vehicles may proceed on or along
    22  designated highways within such city for the explicit purpose of  imple-
    23  menting  traffic  calming  measures  as  such  term  is  defined herein;
    24  provided, however, that no speed limit shall be set below [fifteen]  ten
    25  miles per hour nor shall such speed limit be established where the traf-
    26  fic  calming  measure  to  be  implemented  consists solely of a traffic
    27  control sign.  Establishment of such a speed limit shall, where applica-
    28  ble, be in compliance with the provisions of  sections  sixteen  hundred
    29  twenty-four  and  sixteen  hundred  eighty-four of this [chapter] title.
    30  Nothing contained herein shall be deemed to alter or affect  the  estab-
    31  lishment  of  school  speed limits pursuant to the provisions of section
    32  sixteen hundred forty-three of this article. For the  purposes  of  this
    33  paragraph,  "traffic calming measures" shall mean any physical engineer-
    34  ing measure or measures that reduce the negative effects of motor  vehi-
    35  cle  use, alter driver behavior and improve conditions for non-motorized
    36  street users such as pedestrians and bicyclists.
    37    (b) Any city establishing maximum  speed  limits  below  [twenty-five]
    38  twenty  miles per hour pursuant to clause (i) of this subparagraph shall
    39  submit a report to the governor, the temporary president of  the  senate
    40  and  the  speaker of the assembly on or before March first, two thousand
    41  fifteen and biannually thereafter on the results of using traffic  calm-
    42  ing  measures and speed limits lower than [twenty-five] twenty miles per
    43  hour as authorized by this paragraph. This report  shall  also  be  made
    44  available  to  the public by such city on its website. Such report shall
    45  include, but not be limited to the following:
    46    (i) a description of the designated  highways  where  traffic  calming
    47  measures and a lower speed limit were established [and];
    48    (ii)  a  description of the specific traffic calming measures used and
    49  the maximum speed limit established [and];
    50    (iii) an explanation of the reasons for setting  lower  speed  limits,
    51  how  those lower speed limits comply with engineering standards, and how
    52  they will ensure that motor vehicles can operate at  safe  speeds  in  a
    53  manner that optimizes all road users' safety and convenience; and
    54    (iv) a comparison of the aggregate type, number, and severity of acci-
    55  dents  reported  on  streets  on which street calming measures and lower
    56  speed limits were implemented in the year preceding  the  implementation

        S. 8306--C                         133                        A. 8806--C
 
     1  of  such measures and policies and the year following the implementation
     2  of such measures and policies, to the extent this information  is  main-
     3  tained by any agency of the state or the city.
     4    § 3. 1. For the purpose of informing and educating persons who operate
     5  motor vehicles in this state:
     6    (a)  Any law enforcement official authorized to issue appearance tick-
     7  ets pursuant to the vehicle and traffic law may,  during  the  six-month
     8  period  beginning on the effective date of this act, stop motor vehicles
     9  and issue verbal warnings to persons who are in violation of the maximum
    10  speed limits lowered by section two of this act, and who  are  traveling
    11  at  a  speed of less than fifteen miles per hour over such maximum speed
    12  limits.
    13    (b) Any municipality authorized to issue a notice of  liability  where
    14  such  municipality  has  installed  a  photo  speed violation monitoring
    15  system pursuant to the vehicle and traffic law  shall,  for  sixty  days
    16  following  the  establishment of a lower speed limit pursuant to section
    17  two of this act, issue notices of liability to owners  of  vehicles  who
    18  are in violation of the previous maximum speed limit.
    19    2.  The  department  of  transportation for the city of New York shall
    20  implement an education campaign which shall, at a minimum:
    21    (a) Alert drivers to the passage of this act;
    22    (b) Educate drivers of the dangers of speeding; and
    23    (c) Educate drivers of the dangers of crashes involving pedestrians.
    24    3. The department of transportation for the city  of  New  York  shall
    25  install  signage  around school speed zones that notifies drivers of the
    26  speed limit.
    27    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law.
 
    29                                   PART PP
 
    30    Section 1.  Article 25-A of the public health law is amended by adding
    31  a new section 2599-bb-1 to read as follows:
    32    § 2599-bb-1. Reproductive freedom and equity grant program. 1. As used
    33  in this section, the following terms shall have the following meanings:
    34    (a)  "Abortion"  shall  mean  the termination of pregnancy pursuant to
    35  section twenty-five hundred ninety-nine-bb of this article.
    36    (b) "Health care services" shall mean the range of care related to the
    37  provision of abortion.
    38    (c) "Program" shall mean the reproductive  freedom  and  equity  grant
    39  program established pursuant to subdivision two of this section.
    40    2.  There is hereby established in the department a reproductive free-
    41  dom and equity grant program to ensure access to abortion  care  in  the
    42  state.  The program shall provide funding to abortion providers and non-
    43  profit organizations that provide or facilitate access to abortion care.
    44  The program shall be designed to provide support to  abortion  providers
    45  and  non-profit organizations to increase access to care, fund uncompen-
    46  sated care, and to address the support needs  of  individuals  accessing
    47  abortion  care.  Funding used to support the program shall be subject to
    48  appropriation.
    49    3. The commissioner shall distribute funds made available for expendi-
    50  ture under this section. In determining funding for applicants under the
    51  grant program, the commissioner shall consider  the  following  criteria
    52  and goals:
    53    (a)  Increase  access  to  care  by  growing  the capacity of abortion
    54  providers to meet present and future care needs. Funds may be awarded to

        S. 8306--C                         134                        A. 8806--C
 
     1  support the recruitment, hiring, and retention of clinical  and  medical
     2  staff,  costs  of increasing the number of hours, days, and/or alternate
     3  times for currently employed clinical staff to provide increased access,
     4  care  management  and navigation, staff training, outreach and marketing
     5  costs, and other operational needs  that  increase  access  to  abortion
     6  care.
     7    (b)  Fund  uncompensated health care services associated with abortion
     8  care, to ensure the affordability of and access to care for  individuals
     9  who  lack  ability  to  pay for care, for individuals who lack insurance
    10  coverage, are underinsured, or whose insurance is deemed unusable by the
    11  rendering provider.
    12    4. In establishing and operating the  program,  the  commissioner  may
    13  consult  a range of experts including but not limited to individuals and
    14  entities providing abortion care, abortion funds and other organizations
    15  whose mission is to expand  access  to  abortion  care,  to  ensure  the
    16  program structure and expenditures reflect the needs of abortion provid-
    17  ers, abortion funds and consumers. The commissioner may make regulations
    18  necessary for implementing the program.
    19    5. The department and any non-profit organization or abortion provider
    20  receiving  funds  from  the  program  shall  take all necessary steps to
    21  ensure the confidentiality of the individuals receiving services  pursu-
    22  ant  to state and federal laws.  The commissioner may request aggregate,
    23  de-identified information about how funding allocated  pursuant  to  the
    24  program is spent, provided that no information which, alone or in combi-
    25  nation,  would  permit a patient, provider, or an individual who sought,
    26  received, provided, or supported health care services under the  program
    27  to be identified may be requested or shared.
    28    §  2. Severability clause. If any clause, sentence, paragraph, section
    29  or part of this act shall be adjudged by any court of  competent  juris-
    30  diction  to  be  invalid  and  after  exhaustion of all further judicial
    31  review, the judgment shall not affect, impair, or invalidate the remain-
    32  der thereof, but shall be confined  in  its  operation  to  the  clause,
    33  sentence,  paragraph,  section  or part of this act directly involved in
    34  the controversy in which the judgment shall have been rendered.
    35    § 3. This act shall take effect immediately and  shall  be  deemed  to
    36  have been in full force and effect on and after April 1, 2024.
 
    37                                   PART QQ
 
    38    Section  1.  Subdivisions a and b of section 512 of the retirement and
    39  social security law, subdivision a as amended by chapter 298 of the laws
    40  of 2016, and subdivision b as amended by chapter 18 of the laws of 2012,
    41  are amended to read as follows:
    42    a. A member's final average salary shall be the average  wages  earned
    43  by  such  a  member during any three consecutive years which provide the
    44  highest average wage; provided, however, if the wages earned during  any
    45  year  included  in  the  period  used  to determine final average salary
    46  exceeds that of the average of the previous two years by more  than  ten
    47  percent,  the amount in excess of ten percent shall be excluded from the
    48  computation of final average salary.    [Notwithstanding  the  preceding
    49  provisions  of  this subdivision to the contrary, for a member who first
    50  becomes a member of the New York state and local  employees'  retirement
    51  system  on  or after April first, two thousand twelve, or for a New York
    52  city police/fire revised plan member, a  New  York  city  enhanced  plan
    53  member  who  receives  the  ordinary  disability benefit provided for in
    54  subdivision c-1 of section five hundred six of this article or the acci-

        S. 8306--C                         135                        A. 8806--C

     1  dental disability benefit provided for in paragraph three of subdivision
     2  c of section five hundred  seven  of  this  article,  a  New  York  city
     3  uniformed  correction/sanitation  revised plan member or an investigator
     4  revised  plan member, a member's final average salary shall be the aver-
     5  age wages earned by such a member  during  any  five  consecutive  years
     6  which  provide the highest average wage; provided, however, if the wages
     7  earned during any year included in the period used  to  determine  final
     8  average salary exceeds that of the average of the previous four years by
     9  more  than  ten  percent,  the  amount in excess of ten percent shall be
    10  excluded from the computation of final average salary.]  In  determining
    11  final  average  salary  pursuant  to  any provision of this subdivision,
    12  where the period used to determine final average salary  is  the  period
    13  which  immediately  precedes the date of retirement, any month or months
    14  (not in excess of twelve) which would otherwise be included in computing
    15  final average salary but during which the member was on authorized leave
    16  of absence at partial pay or without pay  shall  be  excluded  from  the
    17  computation  of final average salary and the month or an equal number of
    18  months immediately preceding such period shall be  substituted  in  lieu
    19  thereof.
    20    b.  Notwithstanding  the  provisions of subdivision a of this section,
    21  with respect to members of the  New  York  state  employees'  retirement
    22  system [who first become members of the New York state and local employ-
    23  ees' retirement system before April first, two thousand twelve], the New
    24  York  state and local police and fire retirement system and the New York
    25  city teachers' retirement system, a member's final average salary  shall
    26  be  equal  to  one-third  of  the  highest total wages earned during any
    27  continuous period of employment for which the member was  credited  with
    28  three  years  of  service credit; provided, however, if the wages earned
    29  during any year of credited service included the period used  to  deter-
    30  mine final average salary exceeds the average of the wages of the previ-
    31  ous  two  years of credited service by more than ten percent, the amount
    32  in excess of ten percent shall be excluded from the computation of final
    33  average salary. [For members who first become a member of the  New  York
    34  state  and  local  employees' retirement system on or after April first,
    35  two thousand twelve, with respect to members of the New York  state  and
    36  local  employees'  retirement  system,  a  member's final average salary
    37  shall be equal to one-fifth of the highest total wages earned during any
    38  continuous period of employment for which the member was  credited  with
    39  five  years  of  service  credit; provided, however, if the wages earned
    40  during any year of credited service included the period used  to  deter-
    41  mine final average salary exceeds the average of the wages of the previ-
    42  ous  four years of credited service by more than ten percent, the amount
    43  in excess of ten percent shall be excluded from the computation of final
    44  average salary.]
    45    § 2. Subdivisions a and b of section 608 of the retirement and  social
    46  security  law, as amended by chapter 18 of the laws of 2012, are amended
    47  to read as follows:
    48    a. [For members who first become members of a public retirement system
    49  of the state before April first, two  thousand  twelve,  a]  A  member's
    50  final  average salary shall be the average wages earned by such a member
    51  during any three consecutive years which  provide  the  highest  average
    52  wage; provided, however, if the wages earned during any year included in
    53  the  period  used  to determine final average salary exceeds that of the
    54  average of the previous two years by more than ten percent,  the  amount
    55  in excess of ten percent shall be excluded from the computation of final
    56  average  salary.  [For  members who first become members of the New York

        S. 8306--C                         136                        A. 8806--C

     1  state and local employees' retirement  system  or  the  New  York  state
     2  teachers'  retirement  system  on  or  after  April  first, two thousand
     3  twelve, a member's final average  salary  shall  be  the  average  wages
     4  earned  by  such  member during any five consecutive years which provide
     5  the highest average wage; provided, however, if the wages earned  during
     6  any  year  included in the period used to determine final average salary
     7  exceeds that of the average of the previous four years by more than  ten
     8  percent,  the amount in excess of ten percent shall be excluded from the
     9  computation of final average salary.] Where the period used to determine
    10  final average salary is the period which immediately precedes  the  date
    11  of retirement, any month or months (not in excess of twelve) which would
    12  otherwise be included in computing final average salary but during which
    13  the  member was on authorized leave of absence at partial pay or without
    14  pay shall be excluded from the computation of final average  salary  and
    15  the month or an equal number of months immediately preceding such period
    16  shall be substituted in lieu thereof.
    17    b.  Notwithstanding  the  provisions of subdivision a of this section,
    18  with respect to members [who first became members] of the New York state
    19  and local employees' retirement system and the New York  city  teachers'
    20  retirement  system [before April first, two thousand twelve], a member's
    21  final average salary shall be equal to one-third of  the  highest  total
    22  wages  earned  by such member during any continuous period of employment
    23  for which the member was credited with three years  of  service  credit;
    24  provided,  however,  if  the  wages  earned  during any year of credited
    25  service included in the period used to determine  final  average  salary
    26  exceeds  the  average of the wages of the previous two years of credited
    27  service by more than ten percent, the amount in excess  of  ten  percent
    28  shall  be  excluded  from the computation of final average salary. [With
    29  respect to members who first become members of the New  York  state  and
    30  local  employees'  retirement  system  and  the  New York city teachers'
    31  retirement system on or  after  April  first,  two  thousand  twelve,  a
    32  member's final average salary shall be equal to one-fifth of the highest
    33  total  wages  earned  by  such  member  during  any continuous period of
    34  employment for which the member was credited with five years of  service
    35  credit;  provided, however, if the wages earned during any year of cred-
    36  ited service included in the period  used  to  determine  final  average
    37  salary  exceeds  the  average of the wages of the previous four years of
    38  credited service by more than ten percent, the amount in excess  of  ten
    39  percent shall be excluded from the computation of final average salary.]
    40    §  3.  Subparagraph  (ii)  of paragraph 14 of subdivision e of section
    41  13-638.4 of the administrative code of the city of New York, as  amended
    42  by chapter 18 of the laws of 2012, is amended to read as follows:
    43    (ii)  Subject to the provisions of subdivision f of this section where
    44  those provisions are applicable, and notwithstanding the  provisions  of
    45  subdivisions  a  and  c  of section six hundred eight of the RSSL, for a
    46  tier IV member of NYCERS who is a New York city revised plan member  (as
    47  defined  in  subdivision  m of section six hundred one of the RSSL) or a
    48  tier IV member of BERS who is a New York city revised plan  member,  the
    49  term  "final  average  salary",  as used in article fifteen of the RSSL,
    50  shall be equal to [one-fifth]  one-third  of  the  highest  total  wages
    51  earned  by  such  member  during any continuous period of employment for
    52  which the member was credited with [five] three years of service credit;
    53  provided that if the wages earned during any year  of  credited  service
    54  included  in  the  period used to determine final average salary exceeds
    55  the average of the wages of the previous four years of credited  service
    56  by  more  than ten percent, the amount in excess of ten percent shall be

        S. 8306--C                         137                        A. 8806--C
 
     1  excluded from the computation of final average salary, provided  further
     2  that  "wages",  as  used  in  this  paragraph, shall mean the applicable
     3  provisions and limitations of the term "wages", as defined  in  subdivi-
     4  sion l of section six hundred one of the RSSL.
     5    §  4. Subdivision a of section 1209 of the retirement and social secu-
     6  rity law, as amended by chapter 705 of the laws of 2023, is  amended  to
     7  read as follows:
     8    a.  For  members  who  first  become members of the New York state and
     9  local police and fire retirement system on or  after  April  first,  two
    10  thousand  twelve, a member's final average salary shall be equal to one-
    11  fifth of the highest total  wages  earned  by  such  member  during  any
    12  continuous  period  of employment for which the member was credited with
    13  five years of service credit; provided, however,  if  the  wages  earned
    14  during  any  year  of  credited  service  included in the period used to
    15  determine final average salary exceeds the average of the wages  of  the
    16  previous  four  years  of credited service by more than ten percent, the
    17  amount in excess of ten percent shall be excluded from  the  computation
    18  of final average salary.  Provided, however, beginning on or after April
    19  first,  two  thousand twenty-four, a member's final average salary shall
    20  be equal to one-third of the highest total wages earned by  such  member
    21  during  any  continuous  period  of  employment for which the member was
    22  credited with three years of service credit; provided, however,  if  the
    23  wages  earned during any year of credited service included in the period
    24  used to determine final average salary exceeds the average of the  wages
    25  of  the previous two years of credited service by more than ten percent,
    26  the amount in excess of ten percent shall be excluded from the  computa-
    27  tion  of final average salary. Wages in excess of the annual salary paid
    28  to the governor pursuant to section three of article four of  the  state
    29  constitution  shall  be  excluded  from the computation of final average
    30  salary for members who first become members of the New  York  state  and
    31  local  police  and  fire  retirement system on or after April first, two
    32  thousand twelve.
    33    § 5.  Notwithstanding any other provision of law to the contrary, none
    34  of the provisions of this act shall be subject  to  section  25  of  the
    35  retirement and social security law.
    36    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would provide Tier 6 members in the New York State and Local
        Retirement  System  a final average salary based on their highest salary
        earned over three consecutive years, where the salary earned in any year
        cannot exceed the average of the previous two years by  more  than  10%.
        Currently,  final  average  salary  for  these members is based on their
        highest salary earned over five  consecutive  years,  where  the  salary
        earned  in any year cannot exceed the average of the previous four years
        by more than 10%. The provisions of Section 25  of  the  Retirement  and
        Social Security Law shall not apply.
          Insofar  as  this bill affects the New York State and Local Employees'
        Retirement System (NYSLERS), the increased costs would be shared by  the
        State  of New York and the local participating employers in the NYSLERS.
        If this bill were enacted  during  the  2024  Legislative  Session,  the
        increase  in  the present value of benefits would be approximately $1.17
        billion.
               NYSLERS      Increase in present   Increase in required
                               value benefits         contributions
               Tiers 1 - 5          $0                $220 million
               Tier 6           $1.17 billion         $950 million

        S. 8306--C                         138                        A. 8806--C

               Total            $1.17 billion         $1.17 billion
 
          In  the NYSLERS, this benefit improvement will be funded by increasing
        the billing rates charged  annually  to  cover  both  retrospective  and
        prospective  benefit  increases. The annual contribution required of all
        participating employers in  NYSLERS  is  0.4%  of  billable  salary,  or
        approximately $51 million to the State of New York and approximately $76
        million to the local participating employers. This permanent annual cost
        will  increase  as  Tier  6 salary grows and will vary by employer based
        upon the plan coverage and salary reported in Tier 6.
          Insofar as this bill affects the New York State and Local  Police  and
        Fire  Retirement  System (NYSLPFRS), the increased costs would be shared
        by the State of New York and the local participating  employers  in  the
        NYSLPFRS. If this bill were enacted during the 2024 Legislative Session,
        the  increase  in  the  present value of benefits would be approximately
        $341 million.
               NYSLPFRS     Increase in present   Increase in required
                               value benefits        contributions
               Tiers 1 - 5           $0                $33 million
               Tier 6           $341 million          $308 million
               Total            $341 million          $341 million
 
          In the NYSLPFRS, this benefit improvement will be funded by increasing
        the billing rates charged  annually  to  cover  both  retrospective  and
        prospective  benefit  increases. The annual contribution required of all
        participating employers in the NYSLPFRS is 0.70% of billable salary,  or
        approximately  $6.0  million  to the State of New York and approximately
        $25 million to the local participating employers.  The permanent  annual
        cost  will  increase  as  Tier  6 salary grows and will vary by employer
        based upon the plan coverage and salary reported in Tier 6.
          These estimated costs are based on  265,533  Tier  6  members  in  the
        NYSLERS and 16,599 Tier 6 members in the NYSLPFRS, with annual salary of
        approximately  $12  billion  and $1.5 billion, respectively, as of March
        31, 2023.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        Annual Report to the  Comptroller  on  Actuarial  Assumptions,  and  the
        Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  February  2,  2024,  and intended for use only
        during the 2024  Legislative  Session,  is  Fiscal  Note  No.  2024-118,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.

        S. 8306--C                         139                        A. 8806--C
 
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          As  it relates to the New York State Teacher's Retirement System, this
        bill would amend subdivisions a and b of Section 608 of  the  Retirement
        and Social Security Law to change the definition of final average salary
        for  Tier  6 members to be the same as that for Tier 3, 4 and 5 members.
        The final average salary for Tier 6 members would be based on any  three
        consecutive  years  which produce the highest average salary. Currently,
        the final average salary for Tier 6 members is  based  on  the  salaries
        earned during any five consecutive years which provide the highest aver-
        age  salary. Additionally, under the bill, as in Tier 3, 4 and 5, if the
        salary for any year used in the period exceeds that of  the  average  of
        the  prior two years by more than 10%, the amount in excess of 10% shall
        be excluded from the computation. Currently, under Tier 6, if the salary
        for any year used in the period exceeds that of the average of the prior
        four years by more than 10%, the amount in excess  of  10%  is  excluded
        from the computation.
          The  annual  cost  to  the  employers of members of the New York State
        Teachers' Retirement System for this benefit is estimated  to  be  $23.1
        million or 0.12% of payroll if this bill is enacted.
          The  System's "new entrant rate", a hypothetical employer contribution
        rate that would occur if we started a new Retirement System without  any
        assets, is equal to 5.31% of pay under the current Tier 6 benefit struc-
        ture.  This can be thought of as the long-term expected employer cost of
        Tier 6, based on current actuarial assumptions. For the proposed  change
        to  the  Tier 6 benefit structure under this bill, this new entrant rate
        is estimated to increase to 5.55% of pay, an increase of 0.24% of pay.
          Member data is from the System's most recent actuarial valuation files
        as of June 30, 2023, consisting of data provided by the employers to the
        Retirement System.  The most recent data  distributions  and  statistics
        can  be  found  in the System's Annual Report for fiscal year ended June
        30, 2023. System assets are as reported in the System's financial state-
        ments and can also be found in the  System's  Annual  Report.  Actuarial
        assumptions and methods are provided in the System's Actuarial Valuation
        Report as of June 30, 2023.
          The  source  of this estimate is Fiscal Note 2024-17 dated February 2,
        2024 prepared by the Office of the Actuary of the New York State  Teach-
        ers'  Retirement  System  and  is  intended for use only during the 2024
        Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
        New  York State Teachers' Retirement System. I am a member of the Ameri-
        can Academy of Actuaries and I meet the Qualification Standards  of  the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation, as it relates to the New York City
        Retirement Systems and Pension Funds (NYCRS), would increase  the  Final
        Average Salary used to calculate pension benefits for certain Tier 3 and
        Tier  6 members of NYCRS by reducing the number of years included in the
        average from five years to three years.

                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
 
          Year    NYCERS   TRS     BERS   POLICE   FIRE   TOTAL
          2025    67.2     56.2    5.7    47.8     19.4   196.3
          2026    63.9     54.9    5.9    44.2     21.3   190.2
          2027    68.0     57.8    6.2    49.2     23.3   204.5

        S. 8306--C                         140                        A. 8806--C
 
          2028    72.2     60.9    6.5    54.8     25.5   219.9
          2029    76.5     64.2    6.9    60.2     27.8   235.6
          2030    80.8     67.7    7.2    66.0     30.2   251.9
          2031    85.2     71.4    7.6    71.4     32.7   268.3
          2032    89.5     75.4    7.9    76.0     35.3   284.1
          2033    93.9     79.6    8.3    80.5     38.0   300.3
          2034    98.5     84.1    8.7    85.0     40.8   317.1
          2035    103.0    88.9    9.0    89.4     43.7   334.0
          2036    107.6    93.9    9.4    93.8     46.7   351.4
          2037    112.2    99.2    9.8    98.4     49.8   369.4
          2038    116.9    104.8   8.0    103.4    53.1   386.2
          2039    121.7    110.8   8.5    108.5    56.3   405.8
          2040    103.5    116.9   8.9    113.4    59.6   402.3
          2041    108.2    123.3   9.3    107.4    63.0   411.2
          2042    113.0    129.7   9.7    112.3    66.4   431.1
          2043    117.8    136.1   10.2   117.3    64.2   445.6
          2044    122.7    123.8   10.6   122.3    67.6   447.0
          2045    127.6    130.1   11.1   127.4    70.9   467.1
          2046    132.6    136.4   11.5   132.5    74.2   487.2
          2047    137.7    142.5   12.0   137.6    77.4   507.2
          2048    142.9    148.6   12.5   142.9    80.7   527.6
          2049    148.1    154.8   13.0   148.4    83.9   548.2

          Employer  Contribution  impact  beyond  Fiscal Year 2049 is not shown.
        Projected contributions include future new hires that may be impacted.
 
          The initial increase in employer contributions of  $196.3  million  is
        estimated  to  be $163.2 million for New York City and $33.1 million for
        the other obligors of NYCRS.
 
                   INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                           as of June 30, 2023 ($ in Millions)
 
        Present Value (PV)             NYCERS  TRS    BERS   POLICE  FIRE
        PV of Benefits:                633.8   666.9  53.3   570.7   279.6
        PV of Employee Contributions:    0.0     0.0   0.0     0.0     0.0
        PV of Employer Contributions:  633.8   666.9  53.3   570.7   279.6
        Unfunded Accrued Liabilities:  207.9   189.6  17.8   105.3    53.8
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                       NYCERS  TRS    BERS   POLICE  FIRE
        Number of Payments:              15      19     13     16      18
        Fiscal Year of Last Payment:   2039    2043   2037   2040    2042
        Amortization Payment:          22.9 M  18.6 M  2.2 M 10.8 M   5.5 M
        Additional One-time Payment:    7.0 M   4.0 M  0.0 M  7.5 M   0.0 M
 
          Unfunded Accrued Liability (UAL) increases  for  active  members  were
        amortized over the expected remaining working lifetime of those impacted
        by  the benefit changes using level dollar payments. UAL attributable to
        terminated vested members was recognized in the first year.
          CENSUS DATA: The estimates presented herein are based  on  preliminary
        census  data  collected  as  of  June  30, 2023. The census data for the
        impacted population is summarized below.

        S. 8306--C                         141                        A. 8806--C
 
                               NYCERS    TRS       BERS      POLICE    FIRE
        Active Members
        - Number Count:        92,737    60,663    12,932    20,089    5,030
        - Average Age:         42.1      38.1      46.9      32.7      33.5
        - Average Service:     4.6       5.0       4.0       6.1       5.5
        - Average Salary:      80,600    80,000    56,200    107,400   112,400
        Term. Vested Members
        - Number Count:        4,274     3,999     397       887       9
        - Average Age:         41.5      37.9      44.6      34.6      37.6
 
          IMPACT  ON  MEMBER  BENEFITS: Currently, Final Average Salary (FAS) is
        based on a five-year average, with each year's salary limited to 110% of
        the average of the prior four year's salaries for the following groups:
          * Tier 3 and Tier 6 members who joined NYCRS  on  or  after  April  1,
        2012, and
          *  Tier 3 enhanced members of POLICE and FIRE who retire for disabili-
        ty.
          Under the proposed legislation, the FAS  for  such  members  would  be
        based  on  a three-year average, with each year's salary limited to 110%
        of the average of the prior two year's salaries (prior four year's sala-
        ries for NYCERS and BERS).
          The five-year FAS for enhanced disability benefits for Corrections and
        Sanitation members of NYCERS is provided as part of an  agreement  under
        Retirement  and  Social Security Law Article 25 and is assumed to remain
        unchanged by this proposed legislation.
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
        of the impacted retirement systems. In addition:
          * New entrants were assumed to replace exiting members so  that  total
        payroll increases by 3% each year for impacted groups. New entrant demo-
        graphics were developed based on data for recent new hires and actuarial
        judgement.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the impacted population, and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky  are members of the Society of Actuaries and the American Academy of
        Actuaries. We are members of NYCERS but do not believe  it  impairs  our
        objectivity  and  we  meet  the  Qualification Standards of the American
        Academy of Actuaries to render the actuarial opinion  contained  herein.
        To  the  best  of  our knowledge, the results contained herein have been
        prepared in accordance with generally accepted actuarial principles  and
        procedures  and  with  the Actuarial Standards of Practice issued by the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-10 dated February 2,
        2024 was prepared by the Chief Actuary for the New York City  Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.

        S. 8306--C                         142                        A. 8806--C
 
     1                                   PART RR
 
     2    Section  1.  Paragraph  (a) of subdivision 2 of section 452 of the tax
     3  law, as added by chapter 32 of the laws of 2016, is amended to  read  as
     4  follows:
     5    (a)  [eight  and one-half] three percent of gross receipts from ticket
     6  sales; and
     7    § 2. This act shall take effect December 1, 2024, and shall  apply  to
     8  gross receipts from ticket sales for combative sports matches or exhibi-
     9  tions held on or after such date.
 
    10                                   PART SS
 
    11    Section 1. Legislative findings. The legislature finds that a historic
    12  windmill is located on the Southampton campus of the state university of
    13  New York at Stony Brook ("Stony Brook").
    14    The  Windmill  was  constructed  in  1714  and has been at its current
    15  location in  Shinnecock  Hills  since  1888,  when  it  was  saved  from
    16  destruction  from  its  location  in the Village of Southampton by Janet
    17  Hoyt, the wife of William Hoyt, the builder of the Shinnecock Inn. Janet
    18  Hoyt, together with Samuel Parrish, founded the Summer School of Art. It
    19  is the only windmill of three in Southampton Village that  survived.  It
    20  has been in its current location for 136 years.
    21    In  the summer of 1957, Tennessee Williams resided there when he wrote
    22  the play "The Day on Which a Man Dies" about the  death  of  his  friend
    23  Jackson  Pollock.  The  Library Association of America officially desig-
    24  nated the Windmill, at its current location, as a literary  landmark  in
    25  2013.
    26    In  1963, when Long Island University established Southampton College,
    27  the Windmill became the symbol  of  the  new  campus.  The  Windmill  is
    28  beloved by thousands of former students, faculty, and administrators who
    29  rightly  associate  it with the very identity of the school. The College
    30  newspaper was aptly named "The  Windmill".  The  Windmill  has  been  on
    31  everything  related to the college including sports uniforms, yearbooks,
    32  apparel, and assorted memorabilia.
    33    In 2006, Stony Brook University acquired the campus and has  continued
    34  the  legacy  of  providing quality education to the residents of eastern
    35  Long Island. In 2009, Stony Brook led the  effort  to  rehabilitate  the
    36  Windmill.  The  Windmill  and  the adjacent water view quad have been in
    37  continuous use hosting innumerable events, readings, receptions,  orien-
    38  tations,  celebrations,  workshops,  and fundraising dinners. The annual
    39  Windmill Lighting during the holiday season continues to be an East  End
    40  tradition.
    41    The  current  president of Stony Brook University recently stated that
    42  "the Stony Brook University campus community is proud to be the caretak-
    43  er of the Windmill, a cherished historical icon that has existed in  its
    44  current location for over a century".
    45    However,  in  recent years, the Windmill has fallen into disrepair due
    46  to lack of maintenance and was condemned by  the  New  York  State  fire
    47  marshal  in 2023. It is imperative that this historic structure be reha-
    48  bilitated and restored so that it can  continue  to  be  the  "cherished
    49  historical icon" and symbol of the Southampton campus.
    50    The  legislature further finds that the best alternative to secure the
    51  future of the Windmill is through a partnership with the town of  South-
    52  ampton  by providing funds for the rehabilitation and restoration of the
    53  Windmill through the town community  preservation  fund.  To  accomplish

        S. 8306--C                         143                        A. 8806--C
 
     1  this  partnership  the legislature further finds that granting the trus-
     2  tees of the State University of New York ("trustees") the authority  and
     3  power  to  lease  and otherwise contract with the Town of Southampton to
     4  make  available  certain  grounds and facilities of Stony Brook's campus
     5  will best affect this partnership for the benefit of  Stony  Brook,  the
     6  surrounding community, and the general public.
     7    §  2. Notwithstanding any other law to the contrary, the state univer-
     8  sity trustees are hereby authorized and empowered,  without  any  public
     9  bidding,  to  lease and otherwise contract to make available to the town
    10  of Southampton, a municipal corporation (the "ground lessee"), a portion
    11  of the lands of the university  on  its  Southampton  campus,  generally
    12  described  in  this  act for the purpose of rehabilitating and restoring
    13  the historic Windmill located on such campus.  Such  lease  or  contract
    14  shall  be  for  a  period not exceeding 100 years without any fee simple
    15  conveyance and otherwise upon terms and conditions  determined  by  such
    16  trustees, subject to the approval of the director of the division of the
    17  budget,  the  attorney  general  and  the state comptroller. If the real
    18  property that is the subject of such lease or contract shall cease to be
    19  used for the purpose described in this act, such lease or contract shall
    20  immediately terminate, and the real property and any improvements there-
    21  on shall revert to the state  university  of  New  York.  Any  lease  or
    22  contract  entered  into pursuant to this act shall provide that the real
    23  property that is the subject of such lease or contract and any  improve-
    24  ments  thereon  shall  revert to the state university of New York on the
    25  expiration of such contract or lease.
    26    § 3. Any contract or lease entered into pursuant to this act shall  be
    27  deemed to be a state contract for purposes of article 15-A of the execu-
    28  tive  law, and any contractor, subcontractor, lessee or sublessee enter-
    29  ing into such contract or lease for the construction, demolition, recon-
    30  struction, excavation, rehabilitation, repair, renovation, alteration or
    31  improvement authorized pursuant to this act  shall  be  deemed  a  state
    32  agency for the purposes of article 15-A of the executive law and subject
    33  to the provisions of such article.
    34    §  4.  Notwithstanding  any  general, special or local law or judicial
    35  decision to the contrary, all work performed on a project authorized  by
    36  this  act where all or any portion thereof involves a lease or agreement
    37  for  construction,  demolition,  reconstruction,  excavation,  rehabili-
    38  tation,  repair,  renovation,  alteration or improvement shall be deemed
    39  public work and shall be subject to and performed in accordance with the
    40  provisions of article 8 of the labor law to the same extent and  in  the
    41  same  manner  as  a  contract  of the state, and compliance with all the
    42  provisions of article 8 of the  labor  law  shall  be  required  of  any
    43  lessee, sublessee, contractor or subcontractor on the project, including
    44  the enforcement of prevailing wage requirements by the fiscal officer as
    45  defined  in paragraph e of subdivision 5 of section 220 of the labor law
    46  to the same extent as a contract of the state.
    47    § 5. Notwithstanding any law, rule or regulation to the contrary,  the
    48  state  university  of  New  York  shall  not contract out to the town of
    49  Southampton or any subsidiary for the  instruction  or  any  pedagogical
    50  functions  or  services,  or  any  administrative  services, and similar
    51  professional services currently being performed by state employees.  All
    52  such functions and services shall be performed by state employees pursu-
    53  ant  to  the  civil service law. Nothing in this act shall result in the
    54  displacement of any currently employed state worker or the loss of posi-
    55  tion (including partial displacement such as reduction in the  hours  of
    56  nonovertime,  wages or employment benefits), or result in the impairment

        S. 8306--C                         144                        A. 8806--C
 
     1  of existing contracts  for  services  or  collective  bargaining  rights
     2  pursuant  to  existing  agreements. All positions currently at the state
     3  university of New York in the unclassified service of the civil  service
     4  law shall remain in the unclassified service. No services or work on the
     5  property  described  in this act currently performed by public employees
     6  or future work that is similar in scope and nature  to  the  work  being
     7  currently  performed  by  public  employees  shall  be contracted out or
     8  privatized by the state university of New York or by an affiliated enti-
     9  ty or associated entity of the state university of New  York.  All  such
    10  future work shall be performed by public employees.
    11    § 6. For the purposes of this act:
    12    (a)  "project"  shall mean work at the property authorized by this act
    13  to be leased to the town of Southampton as described in  section  twelve
    14  of  this  act  that  involves  the design, construction, reconstruction,
    15  demolition, excavating, rehabilitation, repair,  renovation,  alteration
    16  or improvement of such property.
    17    (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
    18  bargaining agreement between a  contractor  and  a  labor  organization,
    19  establishing  the labor organization as the collective bargaining repre-
    20  sentative for all persons who will perform  work  on  the  project,  and
    21  which  provides that only contractors and subcontractors who sign a pre-
    22  negotiated agreement with the labor  organization  can  perform  project
    23  work.
    24    §  7. Notwithstanding the provisions of any general, special, or local
    25  law or judicial decision to the contrary: (a) the  town  of  Southampton
    26  may  require a contractor awarded a contract, subcontract, lease, grant,
    27  bond, covenant or other agreement for a project to enter into a  project
    28  labor  agreement during and for the work involved with such project when
    29  such requirement is part of the ground lessee's  request  for  proposals
    30  for the project and when the state university of New York at Stony Brook
    31  determines that the record supporting the decision to enter into such an
    32  agreement  establishes  that  the  interests  underlying the competitive
    33  bidding laws are best met by requiring a project labor agreement includ-
    34  ing obtaining the best work at the  lowest  possible  price;  preventing
    35  favoritism,  fraud  and corruption; the impact of delay; the possibility
    36  of cost savings; and any local history of labor unrest.
    37    (b) If the state university of  New  York  at  Stony  Brook  does  not
    38  require  a  project labor agreement, then any contractor, subcontractor,
    39  lease, grant, bond, covenant or other agreements for a project shall  be
    40  awarded pursuant to section 135 of the state finance law.
    41    § 8. Nothing in this act shall be deemed to waive or impair any rights
    42  or benefits of employees of the state university of New York that other-
    43  wise  would  be  available  to  them pursuant to the terms of agreements
    44  between the certified representatives of such employees and the state of
    45  New York pursuant to article 14 of  the  civil  service  law;  all  work
    46  performed on such property that ordinarily would be performed by employ-
    47  ees  subject to article 14 of the civil service law shall continue to be
    48  performed by such employees.
    49    § 9. Without limiting the determination of the terms and conditions of
    50  such contracts or leases, such terms  and  conditions  may  provide  for
    51  leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
    52  improvement, operation and management of and provision of  services  and
    53  assistance  and  the  granting of licenses, easements and other arrange-
    54  ments with regard to such grounds and facilities by the  ground  lessee,
    55  and  parties  contracting with the ground lessee, and in connection with
    56  such activities, the obtaining of funding or financing,  whether  public

        S. 8306--C                         145                        A. 8806--C
 
     1  or private, unsecured or secured, including, but not limited to, secured
     2  by  leasehold  mortgages  and  assignments  of  rents and leases, by the
     3  ground lessee and parties contracting with the  ground  lessee  for  the
     4  purposes of completing the project described in this act.
     5    §  10.  Such  lease  shall  include an indemnity provision whereby the
     6  lessee or sublessee promises to indemnify, hold harmless and defend  the
     7  lessor  against all claims, suits, actions, and liability to all persons
     8  on the leased premises, including tenant, tenant's agents,  contractors,
     9  subcontractors,  employees,  customers,  guests, licensees, invitees and
    10  members of the public, for damage to any such person's property, whether
    11  real or personal, or for personal injuries arising out of  tenant's  use
    12  or occupation of the demised premises.
    13    §  11.  Any  contracts  entered  into pursuant to this act between the
    14  ground lessee and parties contracting with the ground  lessee  shall  be
    15  awarded by a competitive process.
    16    §  12.  The property authorized by this act to be leased to the ground
    17  lessee is generally described as  that  parcel  of  real  property  with
    18  improvements  thereon  consisting  of a total of .2296 acres situated on
    19  the Southampton campus of the state university  of  New  York  at  Stony
    20  Brook.
    21  The  description  in  this  section  of  the parcel to be made available
    22  pursuant to this act is not meant to be  a  legal  description,  but  is
    23  intended only to identify the parcel:
    24  BEGINNING  AT A POINT WITHIN CURRENT LOT 1 OF BLOCK 1, SECTION 211 BEING
    25  DISTANT 1756.22 FEET ONBEARING OF SOUTH 54 DEGREES 34 MINUTES 13 SECONDS
    26  WEST FROM THE INTERSECTION OF THE WESTERLYSIDELINE OF TUCKAHOE ROAD  (50
    27  FEET  WIDE) WITH THE SOUTHERLY SIDELINE OF LOT 9 OF BLOCK 6, SECTION 211
    28  BEING THE LANDS NOW OR FORMERLY  OF  THE  MTA-LIRR  RAILROAD.  THE  SAID
    29  BEGINNING  POINT  HAVING  STATEPLANE  COORDINATE VALUES (NAD83) OF NORTH
    30  266595.6968 AND EAST 1414088.8790, AND RUNNING FROM THE  SAID  POINT  OF
    31  BEGINNING;
    32  THENCE  RUNNING  THROUGH  SAID SECTION 211, BLOCK 1, LOT 1 THE FOLLOWING
    33  FOUR (4) COURSES:
    34  (1) DUE SOUTH, A DISTANCE OF 100.00 FEET; THENCE
    35  (2) DUE WEST, A DISTANCE OF 100.00 FEET; THENCE
    36  (3) DUE NORTH, A DISTANCE OF 100.00 FEET; THENCE
    37  (4) DUE EAST, A DISTANCE OF 100.00 FEET TO THE POINT AND PLACE OF BEGIN-
    38  NING.
    39  CONTAINING: 10,000 SQUARE FEET OR 0.2296 ACRES OF LAND. Subject  to  all
    40  existing easements and restrictions of record.
    41    § 13. The state university of New York shall not lease lands described
    42  in  this  act  unless any such lease shall be executed within 5 years of
    43  the effective date of this act.
    44    § 14. Insofar as the provisions of this act are inconsistent with  the
    45  provisions of any law, general, special or local, the provisions of this
    46  act shall be controlling.
    47    § 15. This act shall take effect immediately.
 
    48                                   PART TT
 
    49    Section  1. Subdivision 1 of section 2799-gg of the public authorities
    50  law, as amended by chapter 182 of the laws of 2009, is amended  to  read
    51  as follows:
    52    1.  The  authority  shall have the power and is hereby authorized from
    53  time to time to issue bonds, in conformity with applicable provisions of
    54  the uniform commercial code, in such principal amounts as it may  deter-

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     1  mine  to  be  necessary pursuant to section twenty-seven hundred ninety-
     2  nine-ff of this title to pay  the  cost  of  any  project  and  to  fund
     3  reserves   to  secure  such  bonds,  including  incidental  expenses  in
     4  connection therewith.
     5    The  aggregate  principal  amount  of such bonds, notes or other obli-
     6  gations outstanding shall not exceed  [thirteen  billion,  five  hundred
     7  million  dollars  ($13,500,000,000)], beginning July first, two thousand
     8  twenty-four,     twenty-one  billion  five   hundred   million   dollars
     9  ($21,500,000,000)  and  beginning  July first, two thousand twenty-five,
    10  twenty-seven billion five  hundred  million  dollars  ($27,500,000,000),
    11  excluding  bonds, notes or other obligations issued pursuant to sections
    12  twenty-seven hundred ninety-nine-ss  and  twenty-seven  hundred  ninety-
    13  nine-tt  of  this  title;  provided, however, that upon any refunding or
    14  repayment of bonds (which term shall not, for this purpose, include bond
    15  anticipation notes), the total aggregate principal amount of outstanding
    16  bonds, notes or other obligations may be greater than [thirteen billion,
    17  five hundred million dollars ($13,500,000,000)], beginning  July  first,
    18  two  thousand  twenty-four,  twenty-one  billion  five  hundred  million
    19  dollars ($21,500,000,000), and beginning July first, two thousand  twen-
    20  ty-five,    twenty-seven    billion   five   hundred   million   dollars
    21  ($27,500,000,000), only if the refunding or repayment  bonds,  notes  or
    22  other  obligations  were  issued  in  accordance  with the provisions of
    23  subparagraph (a) of subdivision two of paragraph b of section  90.10  of
    24  the local finance law, as amended from time to time. Notwithstanding the
    25  foregoing, bonds, notes or other obligations issued by the authority may
    26  be  outstanding  in  an  amount greater than the amount permitted by the
    27  preceding sentence, provided that such additional  amount  at  issuance,
    28  together  with  the amount of indebtedness contracted by the city of New
    29  York, shall not exceed the limit prescribed by  section  104.00  of  the
    30  local  finance law. The authority shall have the power from time to time
    31  to refund any bonds of the authority by the issuance of new bonds wheth-
    32  er the bonds to be refunded have or have  not  matured,  and  may  issue
    33  bonds partly to refund bonds of the authority then outstanding and part-
    34  ly  to  pay  the  cost  of  any project pursuant to section twenty-seven
    35  hundred ninety-nine-ff of this title.  Bonds  issued  by  the  authority
    36  shall  be  payable  solely out of particular revenues or other moneys of
    37  the authority as may be designated in the proceedings of  the  authority
    38  under  which  the bonds shall be authorized to be issued, subject to any
    39  agreements entered into between the authority and the city, and  subject
    40  to  any  agreements  with  the holders of outstanding bonds pledging any
    41  particular revenues or moneys.
    42    § 2. For the purpose of achieving the class size targets, as  required
    43  by  section  211-d  of  the  education  law,  the city of New York shall
    44  increase planned spending  on  classroom  construction  by  two  billion
    45  dollars  ($2,000,000,000)  over  and  above the planned capital spending
    46  detailed in the February  2024  School  Construction  Authority  capital
    47  plan.
    48    §  3.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on and after April 1, 2024.
 
    50                                   PART UU
 
    51    Section 1. Subdivision 5-a of section 1204 of the  public  authorities
    52  law,  as  amended by chapter 931 of the laws of 1984, is amended to read
    53  as follows:

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     1    5-a. To make, amend and repeal rules governing the conduct and  safety
     2  of  the public as it may deem necessary, convenient or desirable for the
     3  use and operation of the  transit  facilities  under  its  jurisdiction,
     4  including without limitation rules relating to the protection or mainte-
     5  nance  of  such  facilities,  the  conduct and safety of the public, the
     6  payment of fares or other lawful charges for the use of such facilities,
     7  the presentation or display of documentation  permitting  free  passage,
     8  reduced  fare  passage  or  full fare passage on such facilities and the
     9  protection of the revenue of the authority.   Violations of  such  rules
    10  shall  be  an  offense punishable by a fine of not exceeding twenty-five
    11  dollars or by imprisonment for not longer than ten days, or both, or may
    12  be punishable by the  imposition  by  the  transit  adjudication  bureau
    13  established  pursuant to the provisions of this title of a civil penalty
    14  in an amount for each violation not to exceed one hundred dollars or, in
    15  the case of certain repeat violations relating to the payment  of  fares
    16  in  accordance  with subdivision eleven of section twelve hundred nine-a
    17  of this title, not to exceed one hundred fifty  dollars  (in  each  case
    18  exclusive  of  supplemental penalties, interest or costs assessed there-
    19  on), in accordance with a schedule of such penalties as may from time to
    20  time be established by rules of the authority.  Such schedule of  penal-
    21  ties  may provide for the imposition of [additional] supplemental penal-
    22  ties, not to exceed a total of fifty dollars for  each  violation,  upon
    23  the  failure of a respondent in any proceeding commenced with respect to
    24  any  such  violation  to  make  timely  response  to  or  appearance  in
    25  connection  with a notice of violation of such rule or to any subsequent
    26  notice or order issued by the authority in such proceeding. There  shall
    27  be  no  penalty  or increment in fine by virtue of a respondent's timely
    28  exercise of [his] their right to a hearing  or  appeal.  The  rules  may
    29  provide,  in  addition  to  any other sanctions, for the confiscation of
    30  tokens, tickets, cards or other fare media that have been forged,  coun-
    31  terfeit,  improperly  altered  or  transferred,  or  otherwise used in a
    32  manner inconsistent with such rules. The authority  shall  not  use,  or
    33  arrange  for the use, of biometric identifying technology, including but
    34  not limited to facial recognition technology, to enforce rules  relating
    35  to the payment of fares.
    36    §  2.  Subdivisions  2,  3, 4, 5, 6, 7 and 10 of section 1209-a of the
    37  public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended  by
    38  chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of
    39  subdivision  4  as  amended  by  chapter  460  of  the laws of 2015, are
    40  amended, and three new subdivisions 11, 12 and 13 are added to  read  as
    41  follows:
    42    2.  Hearing  officers.  The  president  of the authority shall appoint
    43  hearing officers who shall preside at hearings for the  adjudication  of
    44  charges  of  transit or railroad infractions, as hereinafter defined and
    45  the adjudication of allegations of liability for violations of the rules
    46  and regulations of the triborough bridge and tunnel authority in accord-
    47  ance with section two thousand nine hundred eighty-five of this chapter,
    48  and who, as provided below, may be designated to serve  on  the  appeals
    49  board  of  the bureau. Every hearing officer shall have been admitted to
    50  the practice of law in this state for a period of at least three  years,
    51  and  shall  be  compensated for [his] their services on a per diem basis
    52  determined by the bureau.
    53    3. Jurisdiction. The bureau shall have, with respect to acts or  inci-
    54  dents  in  or  on the transit or railroad facilities of the authority or
    55  the  metropolitan  transportation  authority  or  a  subsidiary  thereof
    56  committed  by or involving persons who are sixteen years of age or over,

        S. 8306--C                         148                        A. 8806--C
 
     1  [or with respect to acts or incidents occurring on  omnibuses  owned  or
     2  operated  by  the  metropolitan transportation authority or a subsidiary
     3  thereof,] and with respect to violation of toll  collection  regulations
     4  of  the  triborough  bridge and tunnel authority as described in section
     5  twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
     6  tion over violations of: (a) the rules which may from time  to  time  be
     7  established  by the authority under subdivision five-a of section twelve
     8  hundred four of this chapter; (b) article one hundred thirty-nine of the
     9  health code of the city of New York, as it may be amended from  time  to
    10  time,  relating to public transportation facilities; (c) article four of
    11  the noise control code of the city of New York, as  it  may  be  amended
    12  from time to time, insofar as it pertains to sound reproduction devices;
    13  (d) the rules and regulations which may from time to time be established
    14  by  the  triborough  bridge  and tunnel authority in accordance with the
    15  provisions of section twenty-nine hundred eighty-five of  this  chapter;
    16  and (e) rules and regulations which may from time to time be established
    17  by  the metropolitan transportation authority or a subsidiary thereof in
    18  accordance with the provisions of section twelve  hundred  sixty-six  of
    19  this  chapter.  Matters  within  the  jurisdiction  of the bureau except
    20  violations of the rules and regulations of  the  triborough  bridge  and
    21  tunnel  authority shall be known for purposes of this section as transit
    22  or railroad  infractions,  as  applicable.    Nothing  herein  shall  be
    23  construed  to divest jurisdiction from any court now having jurisdiction
    24  over any criminal charge or  traffic  infraction  relating  to  any  act
    25  committed  in  a transit or toll facility, or to impair the ability of a
    26  police officer to conduct a lawful search of a person in  a  transit  or
    27  railroad  facility.  The  criminal  court  of the city of New York shall
    28  continue to have  jurisdiction  over  any  criminal  charge  or  traffic
    29  infraction  brought  for  violation  of  the rules of the authority, the
    30  triborough bridge and tunnel authority or the  metropolitan  transporta-
    31  tion authority or a subsidiary thereof, as well as jurisdiction relating
    32  to  any  act which may constitute a crime or an offense under any law of
    33  the state of New York or any municipality or political subdivision ther-
    34  eof and which may also constitute a violation of such rules. The  bureau
    35  shall  have concurrent jurisdiction with the environmental control board
    36  and the administrative tribunal of the department  of  health  over  the
    37  aforesaid  provisions  of  the health code and noise control code of the
    38  city of New York.
    39    4. General powers. The bureau  shall  have  the  following  functions,
    40  powers and duties:
    41    a. To accept pleas (whether made in person or by mail) to, and to hear
    42  and  determine,  charges of transit and railroad infractions and allega-
    43  tions of civil liability pursuant to section two thousand  nine  hundred
    44  eighty-five of this chapter within its jurisdiction;
    45    b.  To  impose  civil  penalties [not to exceed a total of one hundred
    46  fifty dollars] and to issue warnings for any transit or railroad infrac-
    47  tion within its jurisdiction, in  accordance  with  a  penalty  schedule
    48  established by the authority or the metropolitan transportation authori-
    49  ty  or a subsidiary thereof, as applicable, and the conditions set forth
    50  in subdivisions eleven and twelve of this section and  subdivision  four
    51  of  section twelve hundred sixty-six of this article, except that penal-
    52  ties for violations of the health code of the city of New York shall  be
    53  in  accordance with the penalties established for such violations by the
    54  board of health of the city of New York, and penalties for violations of
    55  the noise code of the city of New York shall be in accordance  with  the
    56  penalties  established  for  such violations by law, and civil penalties

        S. 8306--C                         149                        A. 8806--C
 
     1  for violations of the rules and regulations of the triborough bridge and
     2  tunnel authority shall be in accordance with the  penalties  established
     3  for  such  violations by section twenty-nine hundred eighty-five of this
     4  chapter;
     5    c.  In  its  sole  discretion,  to suspend or forgive penalties or any
     6  portion of penalties imposed on the condition that the respondent volun-
     7  tarily agrees to perform and actually does satisfactorily perform unpaid
     8  services on transit or railroad facilities as assigned by the authority,
     9  such as, without limitation, cleaning of rolling stock;
    10    d. To adopt, amend and rescind rules and regulations not  inconsistent
    11  with  any  applicable provision of law to carry out the purposes of this
    12  section, including but not limited to rules and regulations  prescribing
    13  the  internal  procedures and organization of the bureau, the manner and
    14  time of entering pleas, the conduct of  hearings,  and  the  amount  and
    15  manner of payment of penalties;
    16    e.  To enter judgments and enforce them, without court proceedings, in
    17  the same manner as the enforcement of money judgments in civil  actions,
    18  as provided below;
    19    f.  To  compile and maintain complete and accurate records relating to
    20  all warnings, charges and dispositions, which records  shall  be  deemed
    21  exempt  from  disclosure under the freedom of information law as records
    22  compiled for law enforcement purposes, and provided that, in the absence
    23  of an additional violation, records of a warning issued to an individual
    24  in accordance with paragraph a of subdivision  eleven  of  this  section
    25  shall  be sealed or expunged as of the date that is four years after the
    26  date that such warning was issued;
    27    g. To apply to a court of competent jurisdiction  for  enforcement  of
    28  any decision or order issued by such bureau or of any subpoena issued by
    29  a  hearing  officer  as  provided in paragraph d of subdivision seven of
    30  this section;
    31    h. To enter  into  contracts  with  other  government  agencies,  with
    32  private  organizations,  or  with individuals to undertake on its behalf
    33  such functions as data processing, debt collections, mailing, and gener-
    34  al administration, as the executive director deems  appropriate,  except
    35  that  the conduct by hearing officers of hearings and of appeals may not
    36  be performed by outside  contractors,  and  that  biometric  identifying
    37  technology,  including but not limited to facial recognition technology,
    38  may not be used or arranged for use by outside contractors to enforce or
    39  process transit and railroad infractions  relating  to  the  payment  of
    40  fares;
    41    i.  To  accept payment of penalties and to remit same to the authority
    42  or the metropolitan transportation authority or a subsidiary thereof, as
    43  applicable; and
    44    j. To adjudicate the liability of motor vehicle owners for  violations
    45  of  rules  and regulations established in accordance with the provisions
    46  of section two thousand nine hundred eighty-five of this chapter.
    47    5. Notices of violation.  The  bureau  shall  prepare  and  distribute
    48  notices of violation in blank to the transit police and any other person
    49  empowered  by  law,  rule and regulation to serve such notices. The form
    50  and wording of the notice of violation shall be prescribed by the execu-
    51  tive director, and it may be the same as any other notice  of  violation
    52  or summons form already in use if said form meets the requirements here-
    53  of. The notice of violation may include provisions to record information
    54  which  will  facilitate  the identification and location of respondents,
    55  including but not limited to name, address, telephone numbers,  date  of
    56  birth,  social  security  number if otherwise permitted by law, place of

        S. 8306--C                         150                        A. 8806--C
 
     1  employment or school, and name and address of parents or guardian  if  a
     2  minor.  Notices  of  violation  shall  be issued only to persons who are
     3  sixteen years of age or over, and shall  be  served  by  delivering  the
     4  notice  within  the  state  to  the  person to be served. A copy of each
     5  notice of violation served hereunder shall be filed and retained by said
     6  bureau, and shall be deemed a record kept  in  the  ordinary  course  of
     7  business, and, if sworn to or affirmed, shall be prima facie evidence of
     8  the  facts  contained  therein.  Said  notice of violation shall contain
     9  information advising the person charged of the manner and the time with-
    10  in which such person may either admit or deny the offense charged in the
    11  notice. Such notice of violation shall also contain a warning to  advise
    12  the  person  charged  that failure to plead in the manner and within the
    13  time stated in the notice may result in a  default  decision  and  order
    14  being  entered  against  such person, and the imposition of supplemental
    15  penalties as provided in subdivision five-a of  section  twelve  hundred
    16  four  or  subdivision  four  of section twelve hundred sixty-six of this
    17  chapter. A notice of violation shall not be deemed to  be  a  notice  of
    18  liability  issued  pursuant to section two thousand nine hundred eighty-
    19  five of this chapter.
    20    6. Defaults. Where a respondent has failed to plead  to  a  notice  of
    21  violation  or  to  a  notice of liability issued pursuant to section two
    22  thousand nine hundred  eighty-five  of  this  chapter  within  the  time
    23  allowed  by the rules of said bureau or has failed to appear on a desig-
    24  nated hearing date or a subsequent date following an  adjournment,  such
    25  failure  to  plead or appear shall be deemed, for all purposes, to be an
    26  admission of liability and shall be  grounds  for  rendering  a  default
    27  decision  and  order  imposing  a  penalty  in  such  amount  as  may be
    28  prescribed by the authority or the metropolitan transportation authority
    29  or a subsidiary thereof.
    30    7. Hearings. a. (1) A  person  charged  with  a  transit  or  railroad
    31  infraction  returnable to the bureau or a person alleged to be liable in
    32  accordance with the provisions of  section  two  thousand  nine  hundred
    33  eighty-five  of  this  chapter  who  contests  such  allegation shall be
    34  advised of the date on or by which [he or she] such person  must  appear
    35  to  answer  the  charge at a hearing.  Notification of such hearing date
    36  shall be given either in the notice of  violation  or  in  a  form,  the
    37  content  of  which shall be prescribed by the executive director or in a
    38  manner prescribed in section two thousand nine  hundred  eighty-five  of
    39  this  chapter.  Any  such notification shall contain a warning to advise
    40  the person charged that failure to appear on or by the date  designated,
    41  or any subsequent rescheduled or adjourned date, shall be deemed for all
    42  purposes,  an admission of liability, and that a default judgment may be
    43  rendered and penalties may be imposed.  Where notification is given in a
    44  manner other than in the notice of violation, the bureau  shall  deliver
    45  such notice to the person charged, either personally or by registered or
    46  certified mail.
    47    (2) Whenever a person charged with a transit or railroad infraction or
    48  alleged  to  be  liable in accordance with the provisions of section two
    49  thousand nine hundred eighty-five of  this  chapter  returnable  to  the
    50  bureau  requests an alternate hearing date and is not then in default as
    51  defined in subdivision six of this section, the bureau shall advise such
    52  person personally, or by registered or certified mail, of the  alternate
    53  hearing  date  on  or  by  which  [he or she] such person must appear to
    54  answer the charge or allegation at a hearing. The form  and  content  of
    55  such  notice  of  hearing shall be prescribed by the executive director,
    56  and shall contain a warning to advise the person charged or  alleged  to

        S. 8306--C                         151                        A. 8806--C
 
     1  be liable that failure to appear on or by the alternate designated hear-
     2  ing  date,  or  any  subsequent  rescheduled or adjourned date, shall be
     3  deemed for all purposes an admission of liability, and  that  a  default
     4  judgment may be rendered and penalties may be imposed.
     5    (3) Whenever a person charged with a transit or railroad infraction or
     6  alleged  to  be  liable in accordance with the provisions of section two
     7  thousand nine hundred eighty-five of  this  chapter  returnable  to  the
     8  bureau  appears  at  a hearing and obtains an adjournment of the hearing
     9  pursuant to the rules of the bureau, the bureau shall advise such person
    10  personally, or by registered or certified mail, of the adjourned date on
    11  which [he or she] such person must appear to answer the charge or  alle-
    12  gation  at a continued hearing. The form and content of such notice of a
    13  continued hearing shall be prescribed by  the  executive  director,  and
    14  shall  contain  a  warning to advise the person charged or alleged to be
    15  liable that failure to appear on the adjourned  hearing  date  shall  be
    16  deemed  for  all  purposes an admission of liability, and that a default
    17  judgment may be rendered and penalties may be imposed.
    18    b. Every hearing for the adjudication of a  charge  of  a  transit  or
    19  railroad  infraction  or  an  allegation  of liability under section two
    20  thousand nine hundred eighty-five of this  chapter  hereunder  shall  be
    21  held  before  a  hearing  officer in accordance with the rules and regu-
    22  lations promulgated by the bureau.
    23    c. The hearing officer shall not be bound by the rules of evidence  in
    24  the conduct of the hearing, except rules relating to privileged communi-
    25  cations.
    26    d.  The  hearing  officer may, in [his or her] their discretion, or at
    27  the request of the person charged or alleged to be liable on  a  showing
    28  of  good  cause and need therefor, issue subpoenas to compel the appear-
    29  ance of any person to give testimony, and issue subpoenas duces tecum to
    30  compel the production for examination or introduction into  evidence  of
    31  any book, paper or other thing relevant to the charges.
    32    e.  In  the  case of a refusal to obey a subpoena, the bureau may make
    33  application to  the  supreme  court  pursuant  to  section  twenty-three
    34  hundred  eight of the civil practice law and rules, for an order requir-
    35  ing such appearance, testimony or production of materials.
    36    f. The bureau shall make and  maintain  a  sound  recording  or  other
    37  record of every hearing.
    38    g.  After due consideration of the evidence and arguments, the hearing
    39  officer shall determine whether the charges  or  allegations  have  been
    40  established. No charge may be established except upon proof by clear and
    41  convincing evidence except allegations of civil liability for violations
    42  of  triborough bridge and tunnel authority rules and regulations will be
    43  established in accordance with the provisions of  section  two  thousand
    44  nine  hundred  eighty-five  of  this chapter. Where the charges have not
    45  been established, an order dismissing the charges or  allegations  shall
    46  be  entered.  Where  a determination is made that a charge or allegation
    47  has been established or if an answer admitting the charge or  allegation
    48  has been received, the hearing officer shall set a penalty in accordance
    49  with  the penalty schedule established by the authority or the metropol-
    50  itan transportation authority or its subsidiaries, or for allegations of
    51  civil liability in accordance with the provisions of section  two  thou-
    52  sand  nine  hundred eighty-five of this chapter and an appropriate order
    53  shall be entered in the records of the bureau. The respondent  shall  be
    54  given  notice  of  such entry in person or by certified mail. This order
    55  shall constitute the final determination of the hearing officer, and for
    56  purposes of review it shall be deemed to  incorporate  any  intermediate

        S. 8306--C                         152                        A. 8806--C
 
     1  determinations  made  by  said  officer in the course of the proceeding.
     2  When no appeal is filed this order shall  be  the  final  order  of  the
     3  bureau.
     4    10.  Funds. All penalties collected pursuant to the provisions of this
     5  section shall be paid to the authority to the credit of a transit  crime
     6  fund which the authority shall establish. Any sums in this fund shall be
     7  used  to  pay  for  programs  selected  by the board of the metropolitan
     8  transportation authority, in its discretion, to reduce the incidence  of
     9  crimes and infractions on transit and railroad facilities, or to improve
    10  the  enforcement of laws against such crimes and infractions. Such funds
    11  shall be in addition to and not in substitution for any  funds  provided
    12  by  the state or any political subdivision within the [city of New York]
    13  metropolitan commuter transportation district as established by  section
    14  twelve hundred sixty-two of this article for such purposes.
    15    11.  Civil  penalties  relating to payment of transit fare violations.
    16  Civil penalties imposed by the bureau in connection with a violation  by
    17  a respondent of the rules of the authority or the MTA bus company relat-
    18  ing to the payment of fares shall adhere to the following conditions:
    19    a.  A  violation  that  is  the  first  such violation by a respondent
    20  committed in any four year  period  shall,  absent  exceptional  circum-
    21  stances  including a concurrent violation or violations by such individ-
    22  ual of the penal law or the rules of conduct of the New York city trans-
    23  it authority or the MTA bus company which causes or may  tend  to  cause
    24  harm  to oneself or to any other person, or to the safe operation of the
    25  transit system, be punishable only by an official written warning issued
    26  according to and governed by the rules of the authority in all respects;
    27  provided that such warning shall not be used for any purpose other  than
    28  as a predicate to the imposition by the transit adjudication bureau of a
    29  civil  penalty  on  such  respondent pursuant to this subdivision in the
    30  event of a subsequent violation, and provided further that such informa-
    31  tion shall not be open to the public, nor subject to civil  or  criminal
    32  process or discovery, nor used by any court or administrative or adjudi-
    33  catory  body  in  any  action or proceeding therein except that which is
    34  necessary for the adjudication of the notice of  violation  pursuant  to
    35  this  subdivision  or for inspection and copying and use by the respond-
    36  ent.
    37    b. A penalty for a violation that is the second such  violation  by  a
    38  respondent  committed  in  any  four  year  period  shall not exceed one
    39  hundred dollars (exclusive of supplemental penalties, interest or  costs
    40  assessed  thereon).  Upon  payment  by such respondent of the penalty in
    41  full by the date due for such payment, absent exceptional  circumstances
    42  as  set forth in paragraph a of this subdivision, the bureau shall issue
    43  a farecard to the respondent for use on transit facilities in an  amount
    44  not to exceed one-half of the penalty amount.
    45    c.  A  penalty  for  a  violation that is the third or subsequent such
    46  violation by a respondent committed in any four year  period  shall  not
    47  exceed  one  hundred fifty dollars (exclusive of supplemental penalties,
    48  interest or costs assessed thereon).
    49    d. In the case of a violation by a respondent who at the time of  such
    50  violation is enrolled in the fair fares program administered by the city
    51  of  New  York  and  provides to the bureau proof of such enrollment, the
    52  penalty amount for such violation shall not exceed fifty percent of  the
    53  penalty  amount applicable to such violation pursuant to the schedule of
    54  such penalties as may from time to time be established by rules  of  the
    55  authority  in accordance with paragraphs a through c of this subdivision

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     1  (exclusive of supplemental penalties, interest or costs assessed  there-
     2  on).
     3    e.  Notwithstanding  paragraphs  a  through d of this subdivision, the
     4  bureau shall forgive penalties or any portion of penalties imposed on  a
     5  respondent  for  a violation of the rules of the authority or of the MTA
     6  bus company relating to the payment of fares on the condition  that  the
     7  respondent enrolls in the fair fares program administered by the city of
     8  New York and provides to the bureau proof of such enrollment.
     9    12.  Civil  penalties relating to payment of railroad fare violations.
    10  Civil penalties imposed by the bureau in connection with a violation  by
    11  a respondent of the rules of the authority or the metropolitan transpor-
    12  tation  authority  or any of its subsidiaries relating to the payment of
    13  fares to the Metro-North railroad and Long Island rail road shall adhere
    14  to the following conditions:
    15    a. In the case of a violation by a respondent who at the time of  such
    16  violation is enrolled in the fair fares program administered by the city
    17  of  New  York  and  provides to the bureau proof of such enrollment, the
    18  penalty amount for such violation shall not exceed fifty percent of  the
    19  penalty  amount applicable to such violation pursuant to the schedule of
    20  such penalties as may from time to time be established by rules  of  the
    21  authority or metropolitan transportation authority or any of its subsid-
    22  iaries.
    23    b.  Notwithstanding  the  rules  of  the authority or the metropolitan
    24  transportation authority or any of its subsidiaries,  the  bureau  shall
    25  forgive  penalties  or  any portion of penalties imposed on a respondent
    26  for a violation of the rules of the authority  or  of  the  metropolitan
    27  transportation  authority  or  any  of  its subsidiaries relating to the
    28  payment of fares to the Metro-North railroad or Long Island rail road on
    29  the condition that the respondent enrolls  in  the  fair  fares  program
    30  administered by the city of New York and provides to the bureau proof of
    31  such enrollment.
    32    13. Reporting. Within two years of the effective date of this subdivi-
    33  sion,  the  metropolitan transportation authority shall begin publishing
    34  through the open data website established under section  twelve  hundred
    35  seventy-nine-i  of this article, data regarding fare evasion infractions
    36  adjudicated by the bureau, including without limitation  the  number  of
    37  transit  and  railroad  infractions issued by location including, to the
    38  extent ascertainable, the subway stop, bus route and/or stop if applica-
    39  ble, the number and percentage of transit or  railroad  infractions  for
    40  which a written warning was issued broken down by location including, to
    41  the  extent  ascertainable,  the  subway  stop, bus route and/or stop if
    42  applicable, the date and time of day of each infraction, the number  and
    43  percentage  of  transit  and  railroad  infractions  issued  wherein the
    44  infraction was a second or subsequent  infraction  alleged  against  the
    45  respondent,  and  such other information as the authority or bureau deem
    46  appropriate.  No identifiable information  about  individual  violations
    47  shall be published in such reporting.
    48    §  3.  Subdivision 4 of section 1266 of the public authorities law, as
    49  amended by chapter 460 of the laws  of  2015,  is  amended  to  read  as
    50  follows:
    51    4.  The  authority  may  establish  and,  in the case of joint service
    52  arrangements, join with others in the establishment  of  such  schedules
    53  and standards of operations and such other rules and regulations includ-
    54  ing  but  not limited to rules and regulations governing the conduct and
    55  safety of the public as it may deem necessary, convenient  or  desirable
    56  for  the  use  and  operation of any transportation facility and related

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     1  services operated by the authority or under  contract,  lease  or  other
     2  arrangement,  including  joint service arrangements, with the authority.
     3  Such rules and regulations governing  the  conduct  and  safety  of  the
     4  public  shall  be  filed  with  the  department  of  state in the manner
     5  provided by section one hundred two of the executive law. In the case of
     6  any conflict between any  such  rule  or  regulation  of  the  authority
     7  governing  the  conduct  or  the safety of the public and any local law,
     8  ordinance, rule or regulation, such rule or regulation of the  authority
     9  shall prevail. Violation of any such rule or regulation of the authority
    10  or  any  of  its subsidiaries governing the conduct or the safety of the
    11  public in or upon any facility of the authority or any  of  its  subsid-
    12  iaries shall constitute an offense and shall be punishable by a fine not
    13  exceeding fifty dollars or imprisonment for not more than thirty days or
    14  both  or  may  be punishable by the imposition of a civil penalty by the
    15  transit adjudication bureau established pursuant to  the  provisions  of
    16  title  nine of this article, except that civil penalties relating to the
    17  payment of fares may be punishable by the imposition of a civil  penalty
    18  not  to  exceed one hundred fifty dollars, provided that civil penalties
    19  relating to the payment of fares to the MTA bus company and  the  Metro-
    20  North railroad and Long Island rail road shall be in accordance with the
    21  conditions set forth in subdivisions eleven and twelve of section twelve
    22  hundred nine-a of this article, as applicable.
    23    §  4.  The  metropolitan transportation authority shall issue findings
    24  and a report on the effects  of  fare  evasion  on  the  authority,  its
    25  subsidiaries  and affiliates, including information about the quality of
    26  the bureau's adjudication process and recommendations for improvement of
    27  that process. Such report shall be published and delivered to the gover-
    28  nor, temporary president of the senate, and the speaker of the  assembly
    29  by January 1, 2028.
    30    §  5. This act shall take effect January 1, 2025. Effective immediate-
    31  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    32  necessary  for  the implementation of this act on its effective date are
    33  authorized to be made and completed on or before such effective date.
 
    34                                   PART VV
 
    35    Section 1. Study. The office of children and  family  services  shall,
    36  within  eighteen months from the effective date of this act, conduct and
    37  complete a study to evaluate the feasibility of providing  after  school
    38  programming  during  the academic year to every school-aged child in New
    39  York.  Such study shall examine, at a minimum, the following:
    40    (a) the costs of implementing an after school program,  including  but
    41  not limited to programming, facility, transportation, labor, and securi-
    42  ty  costs.  The study shall also examine the cost burdens borne by fami-
    43  lies, municipalities, New York state, and the  federal  government,  and
    44  how those costs might more effectively be shared in a universal program;
    45    (b) per-child pay rates for current after school providers;
    46    (c)  to  the  extent  practicable, current accessibility to subsidized
    47  after school programming during the academic year;
    48    (d) opportunities for inter- and intra-agency collaboration in  deliv-
    49  ering  after  school  programming, including but not limited to opportu-
    50  nities for the department of education,  division  of  criminal  justice
    51  services, local youth bureaus, and provider agencies to share resources,
    52  best  practices,  and  relevant  information  to deliver effective after
    53  school programming; and

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     1    (e) any other relevant topic  areas  deemed  necessary  to  assist  in
     2  delivering after school programming in New York state.
     3    §  2.  Report.  No  later  than  ninety days after such study has been
     4  completed pursuant to section one of this act, the  office  of  children
     5  and  family  services shall complete a report based on such study on the
     6  feasibility and costs to implement an after  school  program  for  every
     7  school-aged  child  within the state of New York, and shall deliver such
     8  report to the governor, the temporary president of the senate,  and  the
     9  speaker of the assembly.  The commissioner of the office of children and
    10  family  services  may  acquire directly from the head of any department,
    11  agency, or instrumentality of the state  any  available  non-identifying
    12  information  which the office considers useful in the discharge of their
    13  duties under this section and such departments, agencies, or  instrumen-
    14  talities  of  the  state shall cooperate with the office with respect to
    15  such information and shall furnish  all  information  requested  by  the
    16  office to the extent permitted by law.
    17    § 3. This act shall take effect immediately.
 
    18                                   PART WW
 
    19    Section  1. This Part enacts into law components of legislation relat-
    20  ing to toll enforcement. Each component is  wholly  contained  within  a
    21  Subpart  identified as Subparts A through B. The effective date for each
    22  particular provision contained within such Subpart is set forth  in  the
    23  last  section  of such Subpart.   Any provision in any section contained
    24  within a Subpart, including the effective date  of  the  Subpart,  which
    25  makes reference to a section "of this act", when used in connection with
    26  that  particular  component,  shall  be  deemed to mean and refer to the
    27  corresponding section of the Subpart in which  it  is  found.    Section
    28  three of this Part sets forth the general effective date of this Part.
 
    29                                  SUBPART A
 
    30    Section 1.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision
    31  1  of  section 402 of the vehicle and traffic law, as amended by chapter
    32  451 of the laws of 2021, are amended and a new  subparagraph  (ii-a)  is
    33  added to read as follows:
    34    (i)  Number  plates shall be kept clean and in a condition so as to be
    35  easily readable [and shall not be covered by glass or any plastic  mate-
    36  rial].
    37    (ii)  Number  plates shall not be knowingly covered or coated with any
    38  [artificial  or  synthetic]  material  or  substance  that  conceals  or
    39  obscures  such number plates or that distorts a recorded or photographic
    40  image of such number plates.
    41    (ii-a) Number plates shall not be covered  by  glass  or  any  plastic
    42  material,  nor  shall  they be covered with a material appearing to be a
    43  number plate for display as proof of lawful registration but  which  has
    44  not  been lawfully issued by the commissioner, the commissioner's agent,
    45  or the equivalent official or  agents  from  another  state,  territory,
    46  district, province, nation or other jurisdiction.
    47    §  2.  Subdivision 7 of section 402 of the vehicle and traffic law, as
    48  added by chapter 648 of the laws of 2006, is amended to read as follows:
    49    7. It shall be unlawful for any  person,  firm,  partnership,  associ-
    50  ation,  limited liability company or corporation to sell, offer for sale
    51  or distribute any:

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     1    (a) artificial or synthetic material or substance for the  purpose  of
     2  application  to  a  number plate that will, upon application to a number
     3  plate, distort a recorded or photographic image of such number plate; or
     4    (b)  plate  cover,  material or device for the purpose of installation
     5  on, near or around a number plate that will, upon installation on,  near
     6  or  around  a  number  plate, obstruct or obscure all or any part of the
     7  distinguishing number or  other  identification  marks  of  such  number
     8  plate; or
     9    (c)  a material appearing to be a number plate for display as proof of
    10  lawful registration but which  has  not  been  lawfully  issued  by  the
    11  commissioner,  the  commissioner's  agent, or the equivalent official or
    12  agents from another state,  territory,  district,  province,  nation  or
    13  other jurisdiction.
    14    §  3.  Subdivision 8 of section 402 of the vehicle and traffic law, as
    15  amended by chapter 451 of the laws  of  2021,  is  amended  to  read  as
    16  follows:
    17    8.  A  violation  of this section shall be punishable by a fine of not
    18  less than twenty-five nor more than two hundred dollars, except that [a]
    19  :
    20    (a) A violation of subparagraph (ii), subparagraph (ii-a) or  subpara-
    21  graph (iii) of paragraph (b) of subdivision one of this section shall be
    22  punishable  by a fine of not less than [fifty] one hundred nor more than
    23  [three] five hundred dollars.
    24    (b) A person convicted of a violation of subparagraph (ii-a) of  para-
    25  graph  (b)  of subdivision one of this section shall surrender the glass
    26  or plastic covering or material appearing  to  be  a  number  plate,  as
    27  applicable,  to the court or administrative tribunal for delivery to the
    28  commissioner.
    29    (c) Upon conviction of a violation of subparagraph (ii)  of  paragraph
    30  (b)  of  subdivision  one  of  this section, the court or administrative
    31  tribunal having jurisdiction may, in addition to any penalty that may be
    32  imposed for such  violation,  order  the  removal  of  any  material  or
    33  substance  that  conceals or obscures such number plates or the replace-
    34  ment of such number plates.
    35    § 4. The vehicle and traffic law is amended by adding  a  new  section
    36  402-b to read as follows:
    37    §  402-b. Obscured and obstructed license plates. 1. If any vehicle is
    38  driven or operated on a public  highway  in  violation  of  subparagraph
    39  (ii),  (ii-a),  or  (iii) of paragraph (b) of subdivision one of section
    40  four hundred two of this article and is committed in their  presence,  a
    41  police  officer,  as  defined  in section one hundred thirty-two of this
    42  chapter, shall be authorized to take such actions as may be required  or
    43  permitted by the provisions of this section.
    44    2. If the vehicle is being driven or operated in violation of subpara-
    45  graph  (ii),  (ii-a)  or  (iii)  of  paragraph (b) of subdivision one of
    46  section four hundred two of this article, such  officer  shall  issue  a
    47  summons,  provided,  however,  that a summons shall not be issued if, in
    48  the discretion and at  the  request  of  such  officer,  the  defect  is
    49  corrected in the presence of such officer. The refusal of a police offi-
    50  cer  to  permit  the repair of any defect in their presence shall not be
    51  reviewable, and shall not be a defense to any  violation  charged  in  a
    52  summons issued pursuant to the provisions of this section.
    53    3. Any complaint issued for any violation of subparagraph (ii), (ii-a)
    54  or (iii) of paragraph (b) of subdivision one of section four hundred two
    55  of  this  article may be dismissed by the court before which the summons
    56  is returnable if the violation as set forth in the summons is  corrected

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     1  not later than one-half hour after sunset on the first full business day
     2  after  the  issuance  of  the  summons  and  proof of such correction is
     3  submitted to the court or administrative tribunal. For the  purposes  of
     4  this  subdivision,  "business  day"  shall  mean any calendar day except
     5  Saturday and Sunday, or the following business holidays: New Year's Day,
     6  Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colum-
     7  bus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
     8    § 5. Section 510 of the vehicle and traffic law is amended by adding a
     9  new subdivision 4-h to read as follows:
    10    4-h. Suspension of registration for covering  license  plates  with  a
    11  license  plate  cover  or  material  appearing  to  be a number plate or
    12  obscuring license plates  with  any  material  or  substance.  (a)  Upon
    13  receipt  of  a  notification  from a court or an administrative tribunal
    14  that an owner of a motor vehicle has been convicted three or more  times
    15  within  a  period  of  five  years  of a violation of subparagraph (ii),
    16  (ii-a) or (iii) of paragraph (b) of  subdivision  one  of  section  four
    17  hundred  two  of  this chapter not arising out of the same incident, the
    18  commissioner or the commissioner's agent may suspend the registration of
    19  the motor vehicle involved in such violation  for  a  period  of  ninety
    20  days.  The  commissioner  may,  in the commissioner's discretion, deny a
    21  registration or renewal application to any other  person  for  the  same
    22  vehicle and may deny a registration or renewal application for any other
    23  motor  vehicle registered in the name of the applicant where the commis-
    24  sioner has determined that such registrant's intent has  been  to  evade
    25  the purposes of this paragraph and where the commissioner has reasonable
    26  grounds  to  believe  that  such  registration  or renewal will have the
    27  effect of defeating the purposes of this paragraph.  Such  denial  shall
    28  remain in effect only as long as the suspension entered pursuant to this
    29  paragraph remains in effect.
    30    (b)  Upon  receipt  of  notification from a court or an administrative
    31  tribunal that an owner of a motor vehicle  has  failed  to  comply  with
    32  paragraph (b) or (c) of subdivision eight of section four hundred two of
    33  this  chapter,  the commissioner or the commissioner's agent may suspend
    34  the registration of the motor vehicle involved  in  such  violation  and
    35  such  suspension  shall  remain in effect until such time as the commis-
    36  sioner is advised that such owner has complied with such paragraphs,  as
    37  applicable. The commissioner may, in the commissioner's discretion, deny
    38  a  registration  or renewal application to any other person for the same
    39  vehicle and may deny a registration or renewal application for any other
    40  motor vehicle registered in the name of the applicant where the  commis-
    41  sioner  has  determined  that such registrant's intent has been to evade
    42  the purposes of this paragraph and where the commissioner has reasonable
    43  grounds to believe that such  registration  or  renewal  will  have  the
    44  effect  of  defeating  the purposes of this paragraph. Such denial shall
    45  remain in effect only as long as the suspension entered pursuant to this
    46  paragraph remains in effect.
    47    § 6. Subdivision 8 of section 2985 of the public authorities  law,  as
    48  added by chapter 379 of the laws of 1992, is amended to read as follows:
    49    8.  (a)  Adjudication  of  the  liability  imposed upon owners by this
    50  section shall be by the entity having jurisdiction  over  violations  of
    51  the  rules and regulations of the public authority serving the notice of
    52  liability or where authorized by  an  administrative  tribunal  and  all
    53  violations  shall  be  heard  and  determined in the county in which the
    54  violation is alleged to have occurred, or in New York city and upon  the
    55  consent of both parties, in any county within New York city in which the
    56  public  authority  operates  or  maintains  a  facility, and in the same

        S. 8306--C                         158                        A. 8806--C
 
     1  manner as charges of other regulatory violations of such public authori-
     2  ty or pursuant to the  rules  and  regulations  of  such  administrative
     3  tribunal as the case may be.
     4    (b)  Upon  exhaustion  of remedies pursuant to this section or section
     5  twenty-nine hundred eighty-five-a of this title, as applicable, the  New
     6  York  state  bridge  authority, thruway authority, triborough bridge and
     7  tunnel  authority,  metropolitan  transportation  authority,  and   port
     8  authority  of  New  York  and  New  Jersey, a bi-state agency created by
     9  compact set forth in chapter one hundred fifty-four of the laws of nine-
    10  teen hundred twenty-one, shall have the power  to  enter  judgments  for
    11  unpaid  liabilities,  provided  that such unpaid liabilities include the
    12  failure to pay tolls, fees, or other charges or the failure to have such
    13  tolls, fees or other charges dismissed or  transferred  in  response  to
    14  three  or  more  notices  of  violation issued within a five year period
    15  charging the registrant of a motor vehicle  with  a  violation  of  toll
    16  collection  regulations,  and  to  enforce such judgments, without court
    17  proceedings, in the same manner as the enforcement of money judgments in
    18  civil actions in any court of competent jurisdiction or any other  place
    19  provided  for  the entry of civil judgment within the state of New York,
    20  after a period of notice pursuant to paragraph (c) of this  subdivision.
    21  The  applicable tolling authority shall not enforce such judgments until
    22  thirty days have elapsed from issuing a notice pursuant to paragraph (c)
    23  of this subdivision.
    24    (c) Prior to entering judgments for  unpaid  liabilities  pursuant  to
    25  paragraph  (b)  of  this  subdivision,  the applicable tolling authority
    26  shall notify the person subject to such judgment, by first  class  mail,
    27  that  such person is at risk of entry of a judgment against them if they
    28  fail to pay such unpaid liabilities. The form and content of such notice
    29  shall be prescribed by  the  applicable  tolling  authority,  and  shall
    30  contain  a warning to advise the person that failure to pay the applica-
    31  ble unpaid liabilities within a period of not less than thirty  days  of
    32  such  notice  will result in the enforcement of a judgment against them,
    33  and shall further contain information about the process to dispute  such
    34  liabilities, consistent with this section or section twenty-nine hundred
    35  eighty-five-a of this title, as applicable.
    36    §  7. This act shall take effect September 1, 2024; provided, however,
    37  that the provisions of sections one, two, three, four and five  of  this
    38  act  shall apply to violations committed on and after such date.  Effec-
    39  tive immediately, the addition, amendment and/or repeal of any  rule  or
    40  regulation necessary for the implementation of this act on its effective
    41  date are authorized to be made on or before such date.
 
    42                                  SUBPART B
 
    43    Section  1.  This  act shall be known and may be cited as the "toll by
    44  mail enhancement act".
    45    § 2. The public authorities law is amended by  adding  a  new  section
    46  2985-a to read as follows:
    47    §  2985-a.  Payment  of tolls under the tolls by mail program. 1. This
    48  section shall not apply to the payment of tolls by means of an electron-
    49  ic toll device that transmits information  through  an  electronic  toll
    50  collection  system  as  defined in subdivision twelve of section twenty-
    51  nine hundred eighty-five of this title.
    52    2. For purposes of this section, the following terms  shall  have  the
    53  following meanings:

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     1    (a)  "Cashless  tolling facility" shall mean a toll roadway, bridge or
     2  tunnel facility that does not provide for the immediate on-site  payment
     3  in cash of a toll owed for the use of such facility.
     4    (b)  "Owner"  shall  mean  any person, corporation, partnership, firm,
     5  agency, association, lessor or organization who, at the time  of  incur-
     6  ring  an  obligation  to  pay a toll at a cashless tolling facility, and
     7  with respect to the vehicle identified in the toll  bill  or  notice  of
     8  violation:  (i) is the beneficial or equitable owner of such vehicle; or
     9  (ii) has title to such vehicle; or (iii) is the registrant or  co-regis-
    10  trant  of  such vehicle which is registered with the department of motor
    11  vehicles of this state or any other state,  territory,  district,  prov-
    12  ince,  nation  or other jurisdiction; or (iv) subject to the limitations
    13  set forth in subdivision ten of section twenty-nine hundred  eighty-five
    14  of  this  title, uses such vehicle in its vehicle renting and/or leasing
    15  business; or (v) is a person entitled to the use  and  possession  of  a
    16  vehicle subject to a security interest in another person.
    17    (c)  "Toll  bill"  shall mean a notice sent to an owner notifying such
    18  owner that the owner's vehicle has been used or operated in  or  upon  a
    19  cashless  tolling  facility  and the owner has incurred an obligation to
    20  pay a toll.
    21    (d) "Notice of violation" shall mean a notice sent to an owner notify-
    22  ing such owner that a toll incurred at a cashless  tolling  facility  by
    23  the  owner  has  not  been  paid at the place and time and in the manner
    24  established for collection of such toll in the toll  bill  and  that  an
    25  administrative violation fee is being imposed for each such unpaid toll.
    26    (e)  "Billing cycle" shall mean a period not to exceed thirty calendar
    27  days once tolls have posted for purposes of consolidated toll billing.
    28    (f) "Initial billing cycle" shall mean a period not to exceed  fifteen
    29  business days after identifying the owner or other party responsible for
    30  paying  the  toll  for  the  purpose of consolidated toll billing for an
    31  obligation to pay a toll bill for the first time at a  cashless  tolling
    32  facility in a six-month period.
    33    (g)  "Tolls  by mail program" shall mean any program operated by or on
    34  behalf of a public authority to send a toll bill to an owner whose vehi-
    35  cle crosses a cashless  tolling  facility  without  a  valid  electronic
    36  device  that  successfully  transmits  information through an electronic
    37  toll collection system as defined in subdivision twelve of section twen-
    38  ty-nine hundred eighty-five of this title.
    39    (h) "Declaration of dispute" shall  mean  a  submission  by  an  owner
    40  disputing  all  or  any  portion of a toll, fee, penalty, or other obli-
    41  gation incurred by an owner whose vehicle  crosses  a  cashless  tolling
    42  facility,  in  such  form as the public authority shall provide in regu-
    43  lations and through display on the authority's website.
    44    3. In the case of an owner who incurs an obligation to pay a toll  for
    45  the  first time in six months under the tolls by mail program at a cash-
    46  less tolling facility, a toll bill shall be  sent  within  ten  business
    47  days  after  the end of the initial billing cycle and of each subsequent
    48  billing cycle. In the case of all other owners incurring  an  obligation
    49  to  pay a toll at a cashless tolling facility, a toll bill shall be sent
    50  at the end of the next billing cycle.  Toll bills shall be sent  to  the
    51  owner  by  first  class mail, and may additionally be sent by electronic
    52  means of communication upon the affirmative consent of the owner, by  or
    53  on  behalf  of the public authority which operates such cashless tolling
    54  facility. The owner shall have thirty days from the  date  of  the  toll
    55  bill  to  pay  the  incurred  toll. The toll bill shall include: (i) the
    56  total amount of the incurred tolls due, (ii) the date by  which  payment

        S. 8306--C                         160                        A. 8806--C

     1  of  the  incurred  tolls is due, (iii) any administrative fees, (iv) the
     2  address for receipt of payment and methods of payment for the toll,  (v)
     3  the  procedure  for  contesting any toll and the contact information for
     4  the  relevant  toll  payer  advocate office and customer service center,
     5  (vi) information related to the failure to timely pay or respond to  the
     6  notice  of liability, in addition to the possibility that a judgment can
     7  be entered for repeat unpaid liabilities that could lead  to  a  vehicle
     8  being towed or immobilized, (vii) a website address or hyperlink for the
     9  owner  to  access  time-stamped  photographs  or  footage  of  each toll
    10  incurred by electronic means, (viii) information related to  the  avail-
    11  ability  of the toll payer advocate to discuss payment options, and (ix)
    12  other information required by law or by the public authority. Each  toll
    13  bill  shall identify the date, time, location, license plate number, and
    14  jurisdiction of the license plate for each toll that has been  incurred.
    15  Each  toll bill shall include an image of the license plate of the vehi-
    16  cle being used or operated on the toll facility. If the owner  fails  to
    17  pay  the initial toll bill, a second toll bill shall be sent in the next
    18  billing cycle, which shall also indicate the overdue toll or  tolls  and
    19  any administrative or late fees due.
    20    4.  In the case of an owner who does not pay a toll incurred under the
    21  tolls by mail program on a cashless facility at the place and  time  and
    22  in the manner established for collection of such toll in the second toll
    23  bill,  a  notice of violation shall be sent notifying the owner that the
    24  toll is unpaid and administrative violation fees are being imposed.  The
    25  notice  of violation shall be sent to the owner by first class mail, and
    26  may additionally be sent by electronic means of communication  upon  the
    27  affirmative consent of the owner, by or on behalf of the public authori-
    28  ty  which  operates  such  cashless  tolling  facility.  The  notice  of
    29  violation shall include: (i) the total amount of unpaid tolls and admin-
    30  istrative violation fees due, (ii) the date  by  which  payment  of  the
    31  tolls  and  administrative  violation fees is due, (iii) the address for
    32  receipt of payment and methods of payment for the toll, (iv) the  proce-
    33  dure  for  contesting any toll and the contact information for the rele-
    34  vant toll payer advocate office and customer service center, (v)  infor-
    35  mation  related to the failure to timely pay or respond to the notice of
    36  liability, in addition to the possibility that a judgment can be entered
    37  for repeat unpaid liabilities that could lead to a vehicle  being  towed
    38  or  immobilized,  (vi)  a  website address or hyperlink for the owner to
    39  access time-stamped photographs or footage  of  each  toll  incurred  by
    40  electronic  means,  (vii) information related to the availability of the
    41  toll payer advocate to discuss payment options, and (viii) other  infor-
    42  mation  required  by  law  or  by  the  public authority. Each notice of
    43  violation shall identify the date, time, location, license plate number,
    44  and jurisdiction of the license plate for each unpaid toll that has been
    45  incurred.
    46    5. Any fee or administrative violation  fee  that  is  assessed  on  a
    47  notice  of  violation pursuant to subdivision four of this section shall
    48  be dismissed if the notice of violation was not sent within ninety  days
    49  of the second toll bill, provided that any toll or tolls incurred remain
    50  due and payable and provided further that such dismissal shall not apply
    51  in  the  event that exceptional circumstances, including but not limited
    52  to technological failures, have delayed the timely mailing of the notice
    53  of violation and the public authority has posted notice of such  circum-
    54  stances  prominently on its website within a reasonable time of becoming
    55  aware of such circumstances, which shall  be  adequate  record  of  such
    56  circumstances.

        S. 8306--C                         161                        A. 8806--C
 
     1    6.  Any  toll bill or notice of violation required to be sent pursuant
     2  to this section by first class mail may also be sent,  with  consent  of
     3  the  owner,  by electronic means of communication by or on behalf of the
     4  public authority. It shall be the sole responsibility of  the  owner  to
     5  provide  and  update  the  address used for electronic means of communi-
     6  cation to the owner by the  public  authority.  A  manual  or  automatic
     7  record  of  electronic communications prepared in the ordinary course of
     8  business shall be adequate record of electronic notice.
     9    7. Any owner who incurs an obligation to pay a toll under the tolls by
    10  mail program at a public authority's  cashless  tolling  facility  shall
    11  have  an  option  to receive alerts by electronic means of communication
    12  that a toll has been incurred. Such alerts  shall  be  provided  to  the
    13  owner  who  has  elected to receive such alerts no more than seventy-two
    14  hours after the owner is identified. Each public authority shall  create
    15  an  online  registration  for an electronic means of communication alert
    16  that a toll has been incurred under the tolls by mail program at a cash-
    17  less tolling facility. In the event an owner chooses to receive an elec-
    18  tronic means of communication alert of a toll incurred, it shall be  the
    19  owner's  sole  responsibility  to provide and update any mobile numbers,
    20  electronic mail addresses, or any other addresses  used  for  electronic
    21  means  of  communication to which alerts are sent. A manual or automatic
    22  record of electronic communications prepared in the ordinary  course  of
    23  business shall be adequate record of electronic notice.
    24    8. If an owner receives a notice of violation pursuant to this section
    25  for  any time period during which the vehicle was reported to the police
    26  department as having been stolen, it shall be  a  valid  defense  to  an
    27  allegation  of  liability for a violation of toll collection regulations
    28  that the vehicle had been reported to the police as stolen prior to  the
    29  time  the violation occurred and had not been recovered by such time. If
    30  an owner receives a notice of violation pursuant to this section for any
    31  time period during which the vehicle was stolen, but not as yet reported
    32  to the police as having been stolen, it shall be a valid defense  to  an
    33  allegation  of  liability for a violation of toll collection regulations
    34  pursuant to this section that the vehicle was reported as stolen  within
    35  two hours after the discovery of the theft by the owner. For purposes of
    36  asserting  the  defense  provided by this subdivision it shall be suffi-
    37  cient that a certified copy of the police report on the  stolen  vehicle
    38  be  sent  by first class mail to the court or other entity having juris-
    39  diction.
    40    9. An owner who is a  lessor  of  a  vehicle  to  which  a  notice  of
    41  violation  was issued pursuant to subdivision four of this section shall
    42  not be liable for the  violation  of  the  toll  collection  regulations
    43  provided  the  owner sends to the public authority serving the notice of
    44  violation and to the court or other entity having jurisdiction a copy of
    45  the rental, lease or other such contract document covering such  vehicle
    46  on  the  date  of the violation, with the name and address of the lessee
    47  clearly legible, within thirty days after receiving the original  notice
    48  of  violation.  Failure  to send such information within such thirty-day
    49  time period shall render the lessor liable for the penalty prescribed by
    50  this section. Where the lessor complies  with  the  provisions  of  this
    51  subdivision,  the  lessee  of such vehicle on the date of such violation
    52  shall be deemed to be the owner of such vehicle  for  purposes  of  this
    53  section  and shall be subject to liability for the violation of the toll
    54  collection regulations, provided  that  the  public  authority  mails  a
    55  notice  of  violation  to  the lessee within ten business days after the
    56  public authority deems the lessee to be the owner. For purposes of  this

        S. 8306--C                         162                        A. 8806--C
 
     1  subdivision  the term "lessor" shall mean any person, corporation, firm,
     2  partnership, agency, association or organization engaged in the business
     3  of renting or leasing vehicles to any lessee under a  rental  agreement,
     4  lease or otherwise wherein the said lessee has the exclusive use of said
     5  vehicle  for  any  period of time. For purposes of this subdivision, the
     6  term "lessee" shall mean any  person,  corporation,  firm,  partnership,
     7  agency,  association or organization that rents, leases or contracts for
     8  the use of one or more vehicles and has exclusive use  thereof  for  any
     9  period of time.
    10    10.  Except  as  provided  in  subdivision  nine of this section, if a
    11  person receives a notice of violation pursuant to this section it  shall
    12  be a valid defense to an allegation of liability for a violation of toll
    13  collection  regulations  that  the individual who received the notice of
    14  violation pursuant to this section was not the owner of the  vehicle  at
    15  the  time the violation occurred. If the owner liable for a violation of
    16  toll collection regulations pursuant to this section was not the  opera-
    17  tor  of the vehicle at the time of the violation, the owner may maintain
    18  an action for indemnification against the operator.
    19    11. Any public authority that operates  a  cashless  tolling  facility
    20  shall:  (i) maintain a website and toll-free phone number for any person
    21  to  receive updated information on any tolls or fees which are outstand-
    22  ing; and (ii) establish procedures for owners to dispute any  tolls  and
    23  violation  fees  incurred  in  connection  with  toll bills, including a
    24  requirement that written determinations in such disputes shall be issued
    25  within forty-five days of receipt of the owner's declaration of dispute.
    26  Such information shall be prominently displayed on such public  authori-
    27  ty's toll bills, notices of violation and website.
    28    12.  Every  public authority that operates a cashless tolling facility
    29  shall develop policies and procedures for the establishment on  a  case-
    30  by-case  basis of a written payment plan agreement for an owner's unpaid
    31  tolls and administrative violation fees incurred at a  cashless  tolling
    32  facility,  subject  to  the availability of sufficient resources for the
    33  public authority to administer such payment plans.  Information  related
    34  to payment plans shall be made available upon the owner's request to the
    35  public  authority's  customer service center. The public authority shall
    36  not charge any additional amount or fee for enrollment in a payment plan
    37  agreement. Owners shall fully comply with  all  payment  plan  agreement
    38  terms  and  conditions  and  shall  be subject to payment plan agreement
    39  default provisions.
    40    13. Every public authority that operates a cashless  tolling  facility
    41  shall  establish  an  office  of  such  authority's toll payer advocate,
    42  designed to further assist owners who  remain  unsatisfied  after  first
    43  attempting  resolution  in  writing of their concern with, and receiving
    44  written determination from, such authority's  customer  service  center.
    45  The  office  of  the toll payer advocate shall also endeavor to identify
    46  any systemic issues and recommend reasonable improvements regarding  the
    47  use of and process involved with the payment of tolls under the tolls by
    48  mail program at cashless tolling facilities to the public authority.
    49    14.  A  public  authority  that  operates a cashless tolling facility,
    50  including the officers, employees, contractors and agents of such public
    51  authority, shall not report to a consumer reporting agency,  as  defined
    52  in  15  U.S.C.  §  1681a,  any  toll,  fee,  penalty or other obligation
    53  incurred by an owner related to use of a cashless tolling facility.
    54    15. Nothing in this section shall prohibit  a  public  authority  from
    55  collecting  any toll or fee in the event that an owner does not properly
    56  register a vehicle pursuant to the laws, rules and regulations  of  this

        S. 8306--C                         163                        A. 8806--C
 
     1  state,  or  any  other  state,  territory, district, province, nation or
     2  other jurisdiction.
     3    16.  Nothing  in  this  section  shall  require  a public authority to
     4  perform any action or forbear from performing any action that  would  in
     5  the  public  authority's  sole  discretion  impair any covenant with the
     6  holders of any of the public authority's bonds,  notes  or  other  obli-
     7  gations.
     8    § 3. No later than 90 days after the effective date of this act, every
     9  public  authority that operates a cashless tolling facility shall under-
    10  take a public awareness campaign  to  educate  motorists  regarding  the
    11  tolls  by mail program, of their right to access the office of the rele-
    12  vant toll payer advocate and information related to the ability of  that
    13  office  to  discuss payment options, of the importance of updating their
    14  license and vehicle registration  information  with  the  department  of
    15  motor  vehicles,  the potential consequences for failure to pay tolls or
    16  respond to toll bills, of the benefits of becoming an  E-ZPass  customer
    17  and  opportunities  available  to  monitor  tolls  by mail balances, and
    18  potential options for unbanked individuals and individuals  who  do  not
    19  have  a  credit  card  to  obtain  an E-ZPass. The outreach campaign may
    20  include, among other materials, print, electronic  and  mobile  cellular
    21  technology  resources,  and  may  be  made publicly available via public
    22  authority-sponsored communication methods.
    23    § 4. This act shall take effect September  1,  2024.  Effective  imme-
    24  diately, the addition, amendment and/or repeal of any rule or regulation
    25  necessary  for  the implementation of this act on its effective date are
    26  authorized to be made on or before such date.  With respect to the  Port
    27  Authority  of  New  York and New Jersey, this act shall take effect upon
    28  the enactment into law by the state of New Jersey of legislation  having
    29  an  identical  effect  with this act upon the Port Authority of New York
    30  and New Jersey; but if the  state  of  New  Jersey  shall  have  already
    31  enacted  such  legislation,  this  act  shall  take  effect immediately;
    32  provided, that the chair of the port authority shall notify the legisla-
    33  tive bill drafting commission upon the occurrence of  the  enactment  of
    34  the  legislation  provided  for in section two of this act in order that
    35  the commission may maintain an accurate and timely effective  data  base
    36  of the official text of the laws of the state of New York in furtherance
    37  of  effectuating the provisions of section 44 of the legislative law and
    38  section 70-b of the public officers law.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion, section, or subpart of this part shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder of that subpart or this part, but
    43  shall be confined in its operation to the clause,  sentence,  paragraph,
    44  subdivision, section, or subpart directly involved in the controversy in
    45  which  such  judgment shall have been rendered. It is hereby declared to
    46  be the intent of the legislature that this part and each subpart  herein
    47  would  have  been  enacted  even if such invalid provisions had not been
    48  included herein.
    49    § 3. This act shall take effect immediately; provided,  however,  that
    50  the applicable effective dates of Subparts A through B of this act shall
    51  be as specifically set forth in the last section of such Subparts.
 
    52                                   PART XX

    53    Section  1. The state comptroller is hereby authorized and directed to
    54  loan money in accordance with the provisions set forth in subdivision  5

        S. 8306--C                         164                        A. 8806--C
 
     1  of  section  4  of  the  state finance law to the following funds and/or
     2  accounts:
     3    1. DOL-Child performer protection account (20401).
     4    2. Local government records management account (20501).
     5    3. Child health plus program account (20810).
     6    4. EPIC premium account (20818).
     7    5. Education - New (20901).
     8    6. VLT - Sound basic education fund (20904).
     9    7.   Sewage  treatment  program  management  and  administration  fund
    10  (21000).
    11    8. Hazardous bulk storage account (21061).
    12    9. Utility environmental regulatory account (21064).
    13    10. Federal grants indirect cost recovery account (21065).
    14    11. Low level radioactive waste account (21066).
    15    12. Recreation account (21067).
    16    13. Public safety recovery account (21077).
    17    14. Environmental regulatory account (21081).
    18    15. Natural resource account (21082).
    19    16. Mined land reclamation program account (21084).
    20    17. Great lakes restoration initiative account (21087).
    21    18. Environmental protection and oil spill compensation fund (21200).
    22    19. Public transportation systems account (21401).
    23    20. Metropolitan mass transportation (21402).
    24    21. Operating permit program account (21451).
    25    22. Mobile source account (21452).
    26    23. Statewide  planning  and  research  cooperative   system   account
    27  (21902).
    28    24. New York state thruway authority account (21905).
    29    25. Financial control board account (21911).
    30    26. Regulation of racing account (21912).
    31    27. State university dormitory income reimbursable account (21937).
    32    28. Criminal justice improvement account (21945).
    33    29. Environmental laboratory reference fee account (21959).
    34    30. Training, management and evaluation account (21961).
    35    31. Clinical laboratory reference system assessment account (21962).
    36    32. Indirect cost recovery account (21978).
    37    33. Multi-agency training account (21989).
    38    34. Bell jar collection account (22003).
    39    35. Industry and utility service account (22004).
    40    36. Real property disposition account (22006).
    41    37. Parking account (22007).
    42    38. Courts special grants (22008).
    43    39. Asbestos safety training program account (22009).
    44    40. Batavia school for the blind account (22032).
    45    41. Investment services account (22034).
    46    42. Surplus property account (22036).
    47    43. Financial oversight account (22039).
    48    44. Regulation of Indian gaming account (22046).
    49    45. Rome school for the deaf account (22053).
    50    46. Seized assets account (22054).
    51    47. Administrative adjudication account (22055).
    52    48. New York City assessment account (22062).
    53    49. Cultural education account (22063).
    54    50. Local services account (22078).
    55    51. DHCR mortgage servicing account (22085).
    56    52. Housing indirect cost recovery account (22090).

        S. 8306--C                         165                        A. 8806--C
 
     1    53. Voting Machine Examinations account (22099).
     2    54. DHCR-HCA application fee account (22100).
     3    55. Low income housing monitoring account (22130).
     4    56. Restitution account (22134).
     5    57. Corporation administration account (22135).
     6    58.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
     7  account (22144).
     8    59. Deferred compensation administration account (22151).
     9    60. Rent revenue other New York City account (22156).
    10    61. Rent revenue account (22158).
    11    62. Transportation aviation account (22165).
    12    63. Tax revenue arrearage account (22168).
    13    64. New York State Campaign Finance Fund account (22211).
    14    65. New York state medical indemnity fund account (22240).
    15    66. Behavioral health parity compliance fund (22246).
    16    67. Pharmacy benefit manager regulatory fund (22255).
    17    68. State university general income offset account (22654).
    18    69. Lake George park trust fund account (22751).
    19    70. Highway safety program account (23001).
    20    71. DOH drinking water program account (23102).
    21    72. NYCCC operating offset account (23151).
    22    73. Commercial gaming revenue account (23701).
    23    74. Commercial gaming regulation account (23702).
    24    75. Highway use tax administration account (23801).
    25    76. New York state secure choice administrative account (23806).
    26    77. New York state cannabis revenue fund (24800).
    27    78. Fantasy sports administration account (24951).
    28    79. Mobile sports wagering fund (24955).
    29    80. Highway and bridge capital account (30051).
    30    81. State university residence hall rehabilitation fund (30100).
    31    82. State parks infrastructure account (30351).
    32    83. Clean water/clean air implementation fund (30500).
    33    84. Hazardous waste remedial cleanup account (31506).
    34    85. Youth facilities improvement account (31701).
    35    86. Housing assistance fund (31800).
    36    87. Housing program fund (31850).
    37    88. Highway facility purpose account (31951).
    38    89. New York racing account (32213).
    39    90. Capital miscellaneous gifts account (32214).
    40    91. Information technology capital financing account (32215).
    41    92. New York environmental protection and  spill  remediation  account
    42  (32219).
    43    93. Mental hygiene facilities capital improvement fund (32300).
    44    94. Correctional facilities capital improvement fund (32350).
    45    95. New York State Storm Recovery Capital Fund (33000).
    46    96. OGS convention center account (50318).
    47    97. Empire Plaza Gift Shop (50327).
    48    98.  Unemployment  Insurance Benefit Fund, Interest Assessment Account
    49  (50651).
    50    99. Centralized services fund (55000).
    51    100. Archives records management account (55052).
    52    101. Federal single audit account (55053).
    53    102. Civil service administration account (55055).
    54    103. Civil service EHS occupational health program account (55056).
    55    104. Banking services account (55057).
    56    105. Cultural resources survey account (55058).

        S. 8306--C                         166                        A. 8806--C
 
     1    106. Neighborhood work project account (55059).
     2    107. Automation & printing chargeback account (55060).
     3    108. OFT NYT account (55061).
     4    109. Data center account (55062).
     5    110. Intrusion detection account (55066).
     6    111. Domestic violence grant account (55067).
     7    112. Centralized technology services account (55069).
     8    113. Labor contact center account (55071).
     9    114. Human services contact center account (55072).
    10    115. Tax contact center account (55073).
    11    116. Department of law civil recoveries account (55074).
    12    117. Executive direction internal audit account (55251).
    13    118. CIO Information technology centralized services account (55252).
    14    119. Health insurance internal service account (55300).
    15    120.  Civil  service employee benefits division administrative account
    16  (55301).
    17    121. Correctional industries revolving fund (55350).
    18    122. Employees health insurance account (60201).
    19    123. Medicaid management information system escrow fund (60900).
    20    124. Virtual currency assessments account.
    21    125. Animal shelter regulation account.
    22    126.  Department  of  financial  services  IT  modernization   capital
    23  account.
    24    §  2.  The state comptroller is hereby authorized and directed to loan
    25  money in accordance with the provisions set forth in  subdivision  5  of
    26  section  4  of the state finance law to any account within the following
    27  federal funds, provided the comptroller has made  a  determination  that
    28  sufficient  federal grant award authority is available to reimburse such
    29  loans:
    30    1. Federal USDA-food and nutrition services fund (25000).
    31    2. Federal health and human services fund (25100).
    32    3. Federal education fund (25200).
    33    4. Federal block grant fund (25250).
    34    5. Federal miscellaneous operating grants fund (25300).
    35    6. Federal unemployment insurance administration fund (25900).
    36    7. Federal unemployment insurance occupational training fund (25950).
    37    8. Federal emergency employment act fund (26000).
    38    9. Federal capital projects fund (31350).
    39    § 3. Notwithstanding any law to the contrary, and in  accordance  with
    40  section 4 of the state finance law, the comptroller is hereby authorized
    41  and directed to transfer, upon request of the director of the budget, on
    42  or  before March 31, 2025, up to the unencumbered balance or the follow-
    43  ing amounts:
    44    Economic Development and Public Authorities:
    45    1. $2,175,000 from the miscellaneous special revenue fund, underground
    46  facilities safety training account (22172), to the general fund.
    47    2. An amount up to the unencumbered  balance  from  the  miscellaneous
    48  special  revenue  fund, business and licensing services account (21977),
    49  to the general fund.
    50    3. $19,810,000 from  the  miscellaneous  special  revenue  fund,  code
    51  enforcement account (21904), to the general fund.
    52    4.  $3,000,000  from  the  general  fund  to the miscellaneous special
    53  revenue fund, tax revenue arrearage account (22168).
    54    Education:
    55    1. $2,807,000,000 from the general fund to  the  state  lottery  fund,
    56  education  account (20901), as reimbursement for disbursements made from

        S. 8306--C                         167                        A. 8806--C
 
     1  such fund for supplemental aid to education pursuant to section 92-c  of
     2  the  state  finance  law  that are in excess of the amounts deposited in
     3  such fund for such purposes pursuant to section 1612 of the tax law.
     4    2. $1,096,000,000 from the general fund to the state lottery fund, VLT
     5  education  account (20904), as reimbursement for disbursements made from
     6  such fund for supplemental aid to education pursuant to section 92-c  of
     7  the  state  finance  law  that are in excess of the amounts deposited in
     8  such fund for such purposes pursuant to section 1612 of the tax law.
     9    3. $121,900,000 from the general fund to the New York state commercial
    10  gaming fund, commercial gaming revenue account (23701), as reimbursement
    11  for disbursements made from such fund for supplemental aid to  education
    12  pursuant  to section 97-nnnn of the state finance law that are in excess
    13  of the amounts deposited in such fund for purposes pursuant  to  section
    14  1352 of the racing, pari-mutuel wagering and breeding law.
    15    4.  $1,039,800,000 from the general fund to the mobile sports wagering
    16  fund, education account (24955), as reimbursement for disbursements made
    17  from such fund for supplemental aid to  education  pursuant  to  section
    18  92-c of the state finance law that are in excess of the amounts deposit-
    19  ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
    20  racing, pari-mutuel wagering and breeding law.
    21    5. $46,000,000 from  the  interactive  fantasy  sports  fund,  fantasy
    22  sports  education  account (24950), to the state lottery fund, education
    23  account (20901), as reimbursement for disbursements made from such  fund
    24  for  supplemental aid to education pursuant to section 92-c of the state
    25  finance law.
    26    6. An amount up to the unencumbered balance in the fund on  March  31,
    27  2025  from  the  charitable  gifts  trust fund, elementary and secondary
    28  education account (24901), to the general fund, for payment  of  general
    29  support  for  public schools pursuant to section 3609-a of the education
    30  law.
    31    7. Moneys from the state lottery fund (20900) up to an amount deposit-
    32  ed in such fund pursuant to section 1612 of the tax law in excess of the
    33  current year appropriation for supplemental aid to education pursuant to
    34  section 92-c of the state finance law.
    35    8. $300,000 from the New York state local government  records  manage-
    36  ment  improvement  fund,  local  government  records  management account
    37  (20501), to the New York state archives partnership trust fund, archives
    38  partnership trust maintenance account (20351).
    39    9. $900,000 from the general fund to the miscellaneous special revenue
    40  fund, Batavia school for the blind account (22032).
    41    10. $900,000 from the general fund to the miscellaneous special reven-
    42  ue fund, Rome school for the deaf account (22053).
    43    11. $343,400,000 from  the  state  university  dormitory  income  fund
    44  (40350)  to  the  miscellaneous  special  revenue fund, state university
    45  dormitory income reimbursable account (21937).
    46    12. Intentionally omitted.
    47    13. $24,000,000 from any of the state education  department's  special
    48  revenue  and internal service funds to the miscellaneous special revenue
    49  fund, indirect cost recovery account (21978).
    50    14. $4,200,000 from any of the state  education  department's  special
    51  revenue or internal service funds to the capital projects fund (30000).
    52    15.  $30,013,000  from  the  general fund to the miscellaneous special
    53  revenue fund, HESC-insurance premium payments account (21960).
    54    Environmental Affairs:
    55    1. $16,000,000 from any of the department of  environmental  conserva-
    56  tion's  special  revenue federal funds, and/or federal capital funds, to

        S. 8306--C                         168                        A. 8806--C
 
     1  the environmental conservation special revenue  fund,  federal  indirect
     2  recovery account (21065).
     3    2.  $5,000,000  from  any of the department of environmental conserva-
     4  tion's special revenue federal funds, and/or federal capital  funds,  to
     5  the  conservation  fund  (21150)  or Marine Resources Account (21151) as
     6  necessary to avoid diversion of conservation funds.
     7    3. $3,000,000 from any of the office of parks, recreation and historic
     8  preservation capital projects federal funds and special revenue  federal
     9  funds  to the miscellaneous special revenue fund, federal grant indirect
    10  cost recovery account (22188).
    11    4. $1,000,000 from any of the office of parks, recreation and historic
    12  preservation special revenue federal funds to the miscellaneous  capital
    13  projects fund, I love NY water account (32212).
    14    5.  $100,000,000 from the general fund to the environmental protection
    15  fund, environmental protection fund transfer account (30451).
    16    6. $10,000,000 from the general fund to the hazardous  waste  remedial
    17  fund, hazardous waste oversight and assistance account (31506).
    18    7.  An  amount  up  to or equal to the cash balance within the special
    19  revenue-other waste management & cleanup account (21053) to the  capital
    20  projects  fund  (30000) for services and capital expenses related to the
    21  management and cleanup program as put forth in section  27-1915  of  the
    22  environmental conservation law.
    23    8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
    24  service account (22011) to the miscellaneous special revenue fund, util-
    25  ity environmental regulatory account (21064).
    26    9. $7,000,000 from the general fund to the enterprise fund, state fair
    27  account (50051).
    28    10. $10,000,000 from the waste management & cleanup account (21053) to
    29  the general fund.
    30    11. $3,000,000 from the waste management & cleanup account (21053)  to
    31  the environmental protection fund transfer account (30451).
    32    12.  $10,000,000  from  the  general fund to the miscellaneous special
    33  revenue fund, patron services account (22163).
    34    13. $15,000,000 from the enterprise fund, golf account (50332) to  the
    35  state  park  infrastructure  fund,  state  park  infrastructure  account
    36  (30351).
    37    Family Assistance:
    38    1. $7,000,000 from any of the office of children and family  services,
    39  office  of  temporary and disability assistance, or department of health
    40  special revenue federal funds and the general fund, in  accordance  with
    41  agreements  with social services districts, to the miscellaneous special
    42  revenue fund, office of human resources development state match  account
    43  (21967).
    44    2.  $4,000,000  from any of the office of children and family services
    45  or office of temporary and disability assistance special revenue federal
    46  funds to the miscellaneous special revenue fund, family preservation and
    47  support services and family violence services account (22082).
    48    3. $18,670,000 from any of the office of children and family services,
    49  office of temporary and disability assistance, or department  of  health
    50  special  revenue  federal  funds  and  any  other miscellaneous revenues
    51  generated from the operation of office of children and  family  services
    52  programs to the general fund.
    53    4.  $205,000,000  from  any  of the office of temporary and disability
    54  assistance or department of health special revenue funds to the  general
    55  fund.

        S. 8306--C                         169                        A. 8806--C
 
     1    5.  $2,500,000  from  any  of  the  office of temporary and disability
     2  assistance special revenue funds to the  miscellaneous  special  revenue
     3  fund,  office  of  temporary  and  disability assistance program account
     4  (21980).
     5    6. $35,000,000 from any of the office of children and family services,
     6  office  of temporary and disability assistance, department of labor, and
     7  department of health special revenue federal  funds  to  the  office  of
     8  children  and family services miscellaneous special revenue fund, multi-
     9  agency training contract account (21989).
    10    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    11  facility per diem account (22186), to the general fund.
    12    8.  $621,850  from the general fund to the combined gifts, grants, and
    13  bequests fund, WB Hoyt Memorial account (20128).
    14    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    15  central registry (22028), to the general fund.
    16    10.  $900,000  from  the general fund to the Veterans' Remembrance and
    17  Cemetery Maintenance and Operation account (20201).
    18    11. $5,000,000 from the general  fund  to  the  housing  program  fund
    19  (31850).
    20    12. $10,000,000 from any of the office of children and family services
    21  special  revenue federal funds to the office of the court administration
    22  special revenue other federal iv-e funds account.
    23    General Government:
    24    1. $9,000,000 from the general fund to the health insurance  revolving
    25  fund (55300).
    26    2.  $292,400,000  from  the  health  insurance  reserve  receipts fund
    27  (60550) to the general fund.
    28    3. $150,000 from the general fund to the not-for-profit revolving loan
    29  fund (20650).
    30    4. $150,000 from the not-for-profit revolving loan fund (20650) to the
    31  general fund.
    32    5. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    33  property account (22036), to the general fund.
    34    6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
    35  arrearage account (22024), to the general fund.
    36    7. $3,326,000 from the miscellaneous  special  revenue  fund,  revenue
    37  arrearage  account  (22024),  to the miscellaneous special revenue fund,
    38  authority budget office account (22138).
    39    8. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
    40  account (22007), to the general fund, for the purpose of reimbursing the
    41  costs of debt service related to state parking facilities.
    42    9.  $11,460,000 from the general fund to the agencies internal service
    43  fund, central technology services account (55069), for  the  purpose  of
    44  enterprise technology projects.
    45    10. $10,000,000 from the general fund to the agencies internal service
    46  fund, state data center account (55062).
    47    11.  $12,000,000  from the miscellaneous special revenue fund, parking
    48  account (22007), to the centralized services, building support  services
    49  account (55018).
    50    12.  $33,000,000  from  the general fund to the internal service fund,
    51  business services center account (55022).
    52    13. $8,000,000 from the general fund to  the  internal  service  fund,
    53  building support services account (55018).
    54    14.  $1,500,000 from the combined expendable trust fund, plaza special
    55  events account (20120), to the general fund.

        S. 8306--C                         170                        A. 8806--C
 
     1    15. $50,000,000 from the New York State cannabis revenue fund  (24800)
     2  to the general fund.
     3    16.  A  transfer  from  the  general fund to the miscellaneous special
     4  revenue fund, New York State Campaign Finance Fund Account  (22211),  up
     5  to an amount equal to total reimbursements due to qualified candidates.
     6    17.  $6,000,000 from the miscellaneous special revenue fund, standards
     7  and purchasing account (22019), to the general fund.
     8    18. $5,600,000  from  the  banking  department  special  revenue  fund
     9  (21970) funded by the assessment to defray operating expenses authorized
    10  by  section  206  of  the financial services law to the IT Modernization
    11  Capital Fund.
    12    19. $8,400,000 from the  insurance  department  special  revenue  fund
    13  (21994) funded by the assessment to defray operating expenses authorized
    14  by  section  206  of  the financial services law to the IT Modernization
    15  Capital Fund.
    16    20. $500,000 from the pharmacy benefits bureau  special  revenue  fund
    17  (22255) funded by the assessment to defray operating expenses authorized
    18  by  section  206  of the financial services law, to the IT Modernization
    19  Capital Fund.
    20    21. $500,000 from the virtual currency special  revenue  fund  (22262)
    21  funded  by  the  assessment  to  defray operating expenses authorized by
    22  section 206 of the financial services law, to the IT Modernization Capi-
    23  tal Fund.
    24    22. $250,000 from the general fund to the miscellaneous special reven-
    25  ue fund, authority budget office account (22138).
    26    Health:
    27    1. A transfer from the general fund to the combined gifts, grants  and
    28  bequests  fund, breast cancer research and education account (20155), up
    29  to an amount equal to the  monies  collected  and  deposited  into  that
    30  account in the previous fiscal year.
    31    2.  A transfer from the general fund to the combined gifts, grants and
    32  bequests  fund,  prostate  cancer  research,  detection,  and  education
    33  account  (20183),  up  to  an  amount  equal to the moneys collected and
    34  deposited into that account in the previous fiscal year.
    35    3. A transfer from the general fund to the combined gifts, grants  and
    36  bequests  fund,  Alzheimer's  disease  research  and  assistance account
    37  (20143), up to an amount equal to the  moneys  collected  and  deposited
    38  into that account in the previous fiscal year.
    39    4. $3,600,000 from the miscellaneous special revenue fund, certificate
    40  of  need  account  (21920),  to the miscellaneous capital projects fund,
    41  healthcare IT capital subfund (32216).
    42    5. $4,000,000 from  the  miscellaneous  special  revenue  fund,  vital
    43  health  records  account  (22103), to the miscellaneous capital projects
    44  fund, healthcare IT capital subfund (32216).
    45    6. $6,000,000 from the miscellaneous  special  revenue  fund,  profes-
    46  sional  medical  conduct  account  (22088), to the miscellaneous capital
    47  projects fund, healthcare IT capital subfund (32216).
    48    7. $131,000,000 from the HCRA resources fund (20800)  to  the  capital
    49  projects fund (30000).
    50    8.  $6,550,000  from  the  general  fund to the medical cannabis trust
    51  fund, health operation and oversight account (23755).
    52    9. An amount up to the unencumbered balance from the charitable  gifts
    53  trust  fund, health charitable account (24900), to the general fund, for
    54  payment of general support for primary, preventive, and inpatient health
    55  care, dental and vision care, hunger prevention and nutritional  assist-
    56  ance,  and  other services for New York state residents with the overall

        S. 8306--C                         171                        A. 8806--C
 
     1  goal of ensuring that New York state residents have  access  to  quality
     2  health care and other related services.
     3    10.  $500,000  from  the  miscellaneous special revenue fund, New York
     4  State cannabis revenue fund (24800), to the miscellaneous special reven-
     5  ue fund, environmental laboratory fee account (21959).
     6    11. An amount up to the unencumbered balance from  the  public  health
     7  emergency  charitable gifts trust fund (23816), to the general fund, for
     8  payment of goods and services necessary to respond to  a  public  health
     9  disaster emergency or to assist or aid in responding to such a disaster.
    10    12.  $1,000,000,000 from the general fund to the health care transfor-
    11  mation fund (24850).
    12    13. $2,590,000 from the miscellaneous special  revenue  fund,  patient
    13  safety center account (22140), to the general fund.
    14    14.  $1,000,000  from  the miscellaneous special revenue fund, nursing
    15  home receivership account (21925), to the general fund.
    16    15. $130,000 from the miscellaneous special revenue fund,  quality  of
    17  care account (21915), to the general fund.
    18    16. $2,200,000 from the miscellaneous special revenue fund, adult home
    19  quality enhancement account (22091), to the general fund.
    20    17.  $22,113,000  from  the general fund, to the miscellaneous special
    21  revenue fund, helen hayes hospital account (22140).
    22    18. $4,850,000 from the general fund,  to  the  miscellaneous  special
    23  revenue fund, New York city veterans' home account (22141).
    24    19.  $3,675,000  from  the  general fund, to the miscellaneous special
    25  revenue fund, New York state home for veterans' and their dependents  at
    26  oxford account (22142).
    27    20.  $2,055,000  from  the  general fund, to the miscellaneous special
    28  revenue fund, western New York veterans' home account (22143).
    29    21. $6,451,000 from the general fund,  to  the  miscellaneous  special
    30  revenue  fund,  New  York  state for veterans in the lower-hudson valley
    31  account (22144).
    32    22. $6,600,000 from the general fund, to the New  York  state  medical
    33  indemnity fund (22240).
    34    23.  $350,000,000  from the general fund, to the miscellaneous special
    35  revenue fund, healthcare stability fund account.
    36    24. $5,000,000 from the general fund to the occupational health  clin-
    37  ics account (22177).
    38    Labor:
    39    1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
    40  penalty account (21923), to the child performer's protection fund, child
    41  performer protection account (20401).
    42    2. $11,700,000 from the unemployment insurance  interest  and  penalty
    43  fund,  unemployment  insurance  special  interest  and  penalty  account
    44  (23601), to the general fund.
    45    3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
    46  ment insurance special interest and penalty account (23601), and  public
    47  work enforcement account (21998), to the general fund.
    48    4.  $850,000 from the miscellaneous special revenue fund, DOL elevator
    49  safety program fund (22252) to the miscellaneous special  revenue  fund,
    50  DOL fee and penalty account (21923).
    51    Mental Hygiene:
    52    1.  $3,800,000 from the general fund, to the agencies internal service
    53  fund, civil service EHS occupational health program account (55056).
    54    2. $2,000,000 from the general fund, to the mental hygiene  facilities
    55  capital improvement fund (32300).

        S. 8306--C                         172                        A. 8806--C
 
     1    3.  $20,000,000 from the opioid settlement fund (23817) to the miscel-
     2  laneous  capital  projects  fund,  opioid  settlement  capital   account
     3  (32200).
     4    4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
     5  settlement  capital  account  (32200)  to  the  opioid  settlement  fund
     6  (23817).
     7    Public Protection:
     8    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
     9  management account (21944), to the general fund.
    10    2. $2,587,000 from the  general  fund  to  the  miscellaneous  special
    11  revenue fund, recruitment incentive account (22171).
    12    3.  $23,773,000  from  the general fund to the correctional industries
    13  revolving  fund,  correctional  industries  internal   service   account
    14  (55350).
    15    4.  $2,000,000,000  from  any of the division of homeland security and
    16  emergency services special revenue federal funds to the general fund.
    17    5. $115,420,000 from the state police motor  vehicle  law  enforcement
    18  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
    19  police motor vehicle enforcement account (22802), to  the  general  fund
    20  for state operation expenses of the division of state police.
    21    6.  $138,272,000  from the general fund to the correctional facilities
    22  capital improvement fund (32350).
    23    7. $5,000,000 from the general  fund  to  the  dedicated  highway  and
    24  bridge trust fund (30050) for the purpose of work zone safety activities
    25  provided by the division of state police for the department of transpor-
    26  tation.
    27    8.  $10,000,000 from the miscellaneous special revenue fund, statewide
    28  public safety communications account (22123), to  the  capital  projects
    29  fund (30000).
    30    9.  $9,830,000  from  the  miscellaneous  special  revenue fund, legal
    31  services assistance account (22096), to the general fund.
    32    10. $1,000,000 from the general fund to the agencies internal  service
    33  fund, neighborhood work project account (55059).
    34    11.  $7,980,000  from  the miscellaneous special revenue fund, finger-
    35  print identification & technology account (21950), to the general fund.
    36    12. $1,100,000 from the state police motor vehicle law enforcement and
    37  motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
    38  theft and insurance fraud account (22801), to the general fund.
    39    13.  $38,938,000  from  the  general fund to the miscellaneous special
    40  revenue fund, criminal justice improvement account (21945).
    41    14. $6,000,000 from the general  fund  to  the  miscellaneous  special
    42  revenue fund, hazard mitigation revolving loan account.
    43    15. $234,000,000 from the indigent legal services fund, indigent legal
    44  services account (23551) to the general fund.
    45    Transportation:
    46    1.  $20,000,000 from the general fund to the mass transportation oper-
    47  ating assistance fund, public transportation systems  operating  assist-
    48  ance account (21401), of which $12,000,000 constitutes the base need for
    49  operations.
    50    2.  $727,500,000  from  the  general fund to the dedicated highway and
    51  bridge trust fund (30050).
    52    3. $244,250,000 from the general fund to the MTA financial  assistance
    53  fund, mobility tax trust account (23651).
    54    4. $5,000,000 from the miscellaneous special revenue fund, transporta-
    55  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    56  trust fund (30050), for disbursements made  from  such  fund  for  motor

        S. 8306--C                         173                        A. 8806--C
 
     1  carrier  safety that are in excess of the amounts deposited in the dedi-
     2  cated highway and bridge trust fund (30050) for such purpose pursuant to
     3  section 94 of the transportation law.
     4    5. $477,000 from the miscellaneous special revenue fund, traffic adju-
     5  dication account (22055), to the general fund.
     6    6. $5,000,000 from the miscellaneous special revenue fund, transporta-
     7  tion  regulation  account (22067) to the general fund, for disbursements
     8  made from such fund for motor carrier safety that are in excess  of  the
     9  amounts  deposited  in  the  general  fund  for such purpose pursuant to
    10  section 94 of the transportation law.
    11    Miscellaneous:
    12    1. $250,000,000 from the general fund to any funds or accounts for the
    13  purpose of reimbursing certain outstanding accounts receivable balances.
    14    2. $500,000,000 from the general fund to the  debt  reduction  reserve
    15  fund (40000).
    16    3.  $450,000,000  from  the New York state storm recovery capital fund
    17  (33000) to the revenue bond tax fund (40152).
    18    4. $15,500,000 from the general fund, community  projects  account  GG
    19  (10256), to the general fund, state purposes account (10050).
    20    5.  $100,000,000  from any special revenue federal fund to the general
    21  fund, state purposes account (10050).
    22    6. $3,650,000,000 from the special revenue federal  fund,  ARPA-Fiscal
    23  Recovery  Fund  (25546)  to  the  general  fund,  state purposes account
    24  (10050) to cover eligible costs incurred by the state.
    25    7. $1,000,000,000 from the general fund to the hazardous  waste  over-
    26  sight and assistance account (31506), State parks infrastructure account
    27  (30351),  environmental  protection  fund  transfer account (30451), the
    28  correctional  facilities  capital  improvement  fund  (32350),   housing
    29  program  fund (31850), or the Mental hygiene facilities capital improve-
    30  ment fund (32300), up to an amount equal to certain outstanding accounts
    31  receivable balances.
    32    § 4. Notwithstanding any law to the contrary, and in  accordance  with
    33  section 4 of the state finance law, the comptroller is hereby authorized
    34  and directed to transfer, on or before March 31, 2025:
    35    1.  Upon request of the commissioner of environmental conservation, up
    36  to $12,745,400 from revenues credited to any of the department of  envi-
    37  ronmental  conservation special revenue funds, including $4,000,000 from
    38  the environmental protection and oil spill  compensation  fund  (21200),
    39  and  $1,834,600 from the conservation fund (21150), to the environmental
    40  conservation special revenue fund, indirect charges account (21060).
    41    2. Upon request of the commissioner of agriculture and markets, up  to
    42  $3,000,000  from  any special revenue fund or enterprise fund within the
    43  department of agriculture and markets to the general fund, to pay appro-
    44  priate administrative expenses.
    45    3. Upon request of the commissioner of the  division  of  housing  and
    46  community  renewal, up to $6,221,000 from revenues credited to any divi-
    47  sion of housing and community renewal federal or  miscellaneous  special
    48  revenue fund to the miscellaneous special revenue fund, housing indirect
    49  cost recovery account (22090).
    50    4.  Upon  request  of  the commissioner of the division of housing and
    51  community renewal, up to $5,500,000 may be transferred from any  miscel-
    52  laneous  special  revenue  fund  account,  to  any miscellaneous special
    53  revenue fund.
    54    5. Upon request of the commissioner of health up to  $13,694,000  from
    55  revenues  credited  to any of the department of health's special revenue

        S. 8306--C                         174                        A. 8806--C
 
     1  funds, to the miscellaneous special revenue fund, administration account
     2  (21982).
     3    6.  Upon  the  request  of the attorney general, up to $4,000,000 from
     4  revenues credited to the federal health and human services fund, federal
     5  health and human services account (25117) or the  miscellaneous  special
     6  revenue  fund,  recoveries and revenue account (22041), to the miscella-
     7  neous special revenue fund, litigation  settlement  and  civil  recovery
     8  account (22117).
     9    § 5. On or before March 31, 2025, the comptroller is hereby authorized
    10  and  directed  to  deposit  earnings  that would otherwise accrue to the
    11  general fund that are attributable to the operation of section  98-a  of
    12  the  state  finance  law, to the agencies internal service fund, banking
    13  services account (55057), for the purpose  of  meeting  direct  payments
    14  from such account.
    15    §  6.  Notwithstanding any law to the contrary, and in accordance with
    16  section 4 of the state finance law, the comptroller is hereby authorized
    17  and directed to transfer, upon request of the director of the budget and
    18  upon consultation with the state university chancellor  or  his  or  her
    19  designee,  on or before March 31, 2025, up to $16,000,000 from the state
    20  university income fund general revenue  account  (22653)  to  the  state
    21  general  fund for debt service costs related to campus supported capital
    22  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    23  University at Buffalo.
    24    §  7.  Notwithstanding any law to the contrary, and in accordance with
    25  section 4 of the state finance law, the comptroller is hereby authorized
    26  and directed to transfer, upon request of the director of the budget and
    27  upon consultation with the state university chancellor  or  his  or  her
    28  designee,  on  or before March 31, 2025, up to $6,500,000 from the state
    29  university income fund general revenue  account  (22653)  to  the  state
    30  general  fund for debt service costs related to campus supported capital
    31  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    32  University at Albany.
    33    §  8.  Notwithstanding  any  law to the contrary, the state university
    34  chancellor or his or her designee is authorized and directed to transfer
    35  estimated tuition revenue balances from the state university  collection
    36  fund  (61000)  to  the  state  university  income fund, state university
    37  general revenue offset account (22655) on or before March 31, 2025.
    38    § 8-a. Notwithstanding any law to the contrary, and in accordance with
    39  section 4 of the state finance law, the comptroller is hereby authorized
    40  and directed to transfer, upon request of the director of the budget,  a
    41  total of up to $100,000,000 from the general fund to the state universi-
    42  ty  income fund, state university general revenue offset account (22655)
    43  and/or the state university  income  fund,  state  university  hospitals
    44  income  reimbursable  account  (22656)  during  the  period July 1, 2024
    45  through June 30, 2025 to pay costs attributable to the state  university
    46  health  science  center  at  Brooklyn and/or the state university of New
    47  York hospital at Brooklyn, respectively, pursuant to a plan approved  by
    48  the director of the budget.
    49    §  9.  Notwithstanding any law to the contrary, and in accordance with
    50  section 4 of the state finance law, the comptroller is hereby authorized
    51  and directed to transfer, upon request of the director of the budget, up
    52  to $1,388,664,500 from the general fund to the state  university  income
    53  fund, state university general revenue offset account (22655) during the
    54  period  of  July  1, 2024 through June 30, 2025 to support operations at
    55  the state university.

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     1    § 10. Notwithstanding any law to the contrary, and in accordance  with
     2  section 4 of the state finance law, the comptroller is hereby authorized
     3  and directed to transfer, upon request of the director of the budget, up
     4  to  $103,000,000  from  the  general fund to the state university income
     5  fund, state university general revenue offset account (22655) during the
     6  period  of  April 1, 2024 through June 30, 2024 to support operations at
     7  the state university.
     8    § 11. Notwithstanding any law to the contrary, and in accordance  with
     9  section 4 of the state finance law, the comptroller is hereby authorized
    10  and directed to transfer, upon request of the director of the budget, up
    11  to  $54,700,000  from  the  general  fund to the state university income
    12  fund, state university general revenue offset account (22655) during the
    13  period of July 1, 2024 to June  30,  2025  for  general  fund  operating
    14  support  pursuant  to subparagraph (4-b) of paragraph h of subdivision 2
    15  of section three hundred fifty-five of the education law.
    16    § 12. Notwithstanding any law to the contrary, and in accordance  with
    17  section 4 of the state finance law, the comptroller is hereby authorized
    18  and directed to transfer, upon request of the director of the budget, up
    19  to  $20,000,000  from  the  general  fund to the state university income
    20  fund, state university general revenue offset account (22655) during the
    21  period of July 1, 2024 to June 30, 2025 to fully fund the tuition credit
    22  pursuant to subdivision two of section six hundred sixty-nine-h  of  the
    23  education law.
    24    §  13. Notwithstanding any law to the contrary, and in accordance with
    25  section 4 of the state finance law, the comptroller is hereby authorized
    26  and directed to transfer, upon request of the state university  chancel-
    27  lor  or his or her designee, up to $55,000,000 from the state university
    28  income fund, state  university  hospitals  income  reimbursable  account
    29  (22656),  for  services  and expenses of hospital operations and capital
    30  expenditures at the state university hospitals; and the state university
    31  income fund, Long Island veterans' home account  (22652)  to  the  state
    32  university capital projects fund (32400) on or before June 30, 2025.
    33    §  14. Notwithstanding any law to the contrary, and in accordance with
    34  section 4 of the state finance law, the comptroller, after  consultation
    35  with  the  state university chancellor or his or her designee, is hereby
    36  authorized and directed to transfer moneys, in the first instance,  from
    37  the  state  university  collection fund, Stony Brook hospital collection
    38  account (61006), Brooklyn hospital collection account (61007), and Syra-
    39  cuse hospital collection account (61008) to the state university  income
    40  fund,  state university hospitals income reimbursable account (22656) in
    41  the event insufficient funds  are  available  in  the  state  university
    42  income  fund,  state  university  hospitals  income reimbursable account
    43  (22656) to permit the full transfer of moneys authorized  for  transfer,
    44  to  the  general  fund  for  payment of debt service related to the SUNY
    45  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
    46  also  hereby  authorized and directed, after consultation with the state
    47  university chancellor or his or her designee, to  transfer  moneys  from
    48  the  state  university  income fund to the state university income fund,
    49  state university hospitals income reimbursable account  (22656)  in  the
    50  event  insufficient  funds  are available in the state university income
    51  fund, state university hospitals income reimbursable account (22656)  to
    52  pay  hospital  operating  costs or to permit the full transfer of moneys
    53  authorized for transfer, to the general fund for payment of debt service
    54  related to the SUNY hospitals on or before March 31, 2025.
    55    § 15. Notwithstanding any law to the contrary, upon the  direction  of
    56  the director of the budget and the chancellor of the state university of

        S. 8306--C                         176                        A. 8806--C
 
     1  New York or his or her designee, and in accordance with section 4 of the
     2  state  finance law, the comptroller is hereby authorized and directed to
     3  transfer monies from the state university dormitory income fund  (40350)
     4  to  the state university residence hall rehabilitation fund (30100), and
     5  from the state university residence hall rehabilitation fund (30100)  to
     6  the  state university dormitory income fund (40350), in an amount not to
     7  exceed $100 million from each fund.
     8    § 16. Notwithstanding any law to the contrary, and in accordance  with
     9  section 4 of the state finance law, the comptroller is hereby authorized
    10  and  directed to transfer, at the request of the director of the budget,
    11  up to $700,000,000 from the unencumbered balance of any special  revenue
    12  fund  or  account,  agency  fund  or  account,  internal service fund or
    13  account, enterprise fund or account, or any combination  of  such  funds
    14  and  accounts,  to the general fund. The amounts transferred pursuant to
    15  this authorization shall be in addition to any other transfers expressly
    16  authorized in the 2024-25 budget. Transfers  from  federal  funds,  debt
    17  service  funds,  capital projects funds, the community projects fund, or
    18  funds that would result in the loss of eligibility for federal  benefits
    19  or federal funds pursuant to federal law, rule, or regulation as assent-
    20  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    21  1951 are not permitted pursuant to this authorization.
    22    § 17. Notwithstanding any law to the contrary, and in accordance  with
    23  section 4 of the state finance law, the comptroller is hereby authorized
    24  and  directed to transfer, at the request of the director of the budget,
    25  up to $100 million from any non-general fund or account, or  combination
    26  of  funds and accounts, to the miscellaneous special revenue fund, tech-
    27  nology financing account (22207),  the  miscellaneous  capital  projects
    28  fund, the federal capital projects account (31350), information technol-
    29  ogy  capital  financing  account  (32215), or the centralized technology
    30  services account (55069), for the purpose  of  consolidating  technology
    31  procurement  and  services. The amounts transferred to the miscellaneous
    32  special revenue fund, technology financing account (22207)  pursuant  to
    33  this  authorization  shall  be  equal to or less than the amount of such
    34  monies intended  to  support  information  technology  costs  which  are
    35  attributable,  according to a plan, to such account made in pursuance to
    36  an appropriation by law. Transfers to the technology  financing  account
    37  shall  be  completed  from  amounts  collected  by  non-general funds or
    38  accounts pursuant to a fund deposit schedule or permanent  statute,  and
    39  shall  be  transferred to the technology financing account pursuant to a
    40  schedule agreed upon by the affected agency commissioner. Transfers from
    41  funds that would result in the loss of eligibility for federal  benefits
    42  or federal funds pursuant to federal law, rule, or regulation as assent-
    43  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    44  1951 are not permitted pursuant to this authorization.
    45    § 18. Notwithstanding any law to the contrary, and in accordance  with
    46  section 4 of the state finance law, the comptroller is hereby authorized
    47  and  directed to transfer, at the request of the director of the budget,
    48  up to $400 million from any non-general fund or account, or  combination
    49  of  funds  and  accounts, to the general fund for the purpose of consol-
    50  idating technology procurement and  services.  The  amounts  transferred
    51  pursuant to this authorization shall be equal to or less than the amount
    52  of  such  monies  intended to support information technology costs which
    53  are attributable, according to a plan, to such account made in pursuance
    54  to an appropriation by law. Transfers  to  the  general  fund  shall  be
    55  completed from amounts collected by non-general funds or accounts pursu-
    56  ant  to a fund deposit schedule.  Transfers from funds that would result

        S. 8306--C                         177                        A. 8806--C
 
     1  in the loss of eligibility for federal benefits or federal funds  pursu-
     2  ant to federal law, rule, or regulation as assented to in chapter 683 of
     3  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
     4  pursuant to this authorization.
     5    §  19. Notwithstanding any provision of law to the contrary, as deemed
     6  feasible and advisable by its trustees, the power authority of the state
     7  of New York is authorized and directed to transfer to the state treasury
     8  to the credit of the general fund up to $20,000,000 for the state fiscal
     9  year commencing April 1, 2024, the proceeds of which will be utilized to
    10  support energy-related state activities.
    11    § 20. Notwithstanding any provision of law to the contrary, as  deemed
    12  feasible and advisable by its trustees, the power authority of the state
    13  of New York is authorized to transfer to the state treasury to the cred-
    14  it  of  the  general  fund  up  to $25,000,000 for the state fiscal year
    15  commencing April 1, 2024, the proceeds of  which  will  be  utilized  to
    16  support  programs established or implemented by or within the department
    17  of labor, including but not limited to the office of just energy transi-
    18  tion and programs for workforce  training  and  retraining,  to  prepare
    19  workers for employment for work in the renewable energy field.
    20    §  21. Notwithstanding any provision of law, rule or regulation to the
    21  contrary, the New York state energy research and  development  authority
    22  is  authorized and directed to contribute $913,000 to the state treasury
    23  to the credit of the general fund on or before March 31, 2025.
    24    § 22. Notwithstanding any provision of law, rule or regulation to  the
    25  contrary,  the  New York state energy research and development authority
    26  is authorized and directed to transfer five million dollars to the cred-
    27  it of the Environmental Protection Fund on or before March 31, 2025 from
    28  proceeds collected by the authority from the auction or sale  of  carbon
    29  dioxide emission allowances allocated by the department of environmental
    30  conservation.
    31    §  23.  Subdivision  5  of section 97-rrr of the state finance law, as
    32  amended by section 21 of part PP of chapter 56 of the laws of  2023,  is
    33  amended to read as follows:
    34    5. Notwithstanding the provisions of section one hundred seventy-one-a
    35  of  the  tax law, as separately amended by chapters four hundred eighty-
    36  one and four hundred eighty-four of the laws of nineteen hundred  eight-
    37  y-one,  and notwithstanding the provisions of chapter ninety-four of the
    38  laws of two thousand eleven, or any  other  provisions  of  law  to  the
    39  contrary,  during  the  fiscal  year beginning April first, two thousand
    40  [twenty-three] twenty-four, the state comptroller is  hereby  authorized
    41  and  directed  to  deposit  to the fund created pursuant to this section
    42  from amounts collected pursuant to article twenty-two of the tax law and
    43  pursuant to a schedule submitted by the director of the  budget,  up  to
    44  [$1,716,913,000]  $1,575,393,000 as may be certified in such schedule as
    45  necessary to meet the purposes of such fund for the fiscal  year  begin-
    46  ning April first, two thousand [twenty-three] twenty-four.
    47    §  24.  Notwithstanding  any  law  to the contrary, the comptroller is
    48  hereby authorized and directed to transfer, upon request of the director
    49  of the budget, on or before March 31, 2025, the following  amounts  from
    50  the  following  special  revenue  accounts  to the capital projects fund
    51  (30000), for the purposes of reimbursement to  such  fund  for  expenses
    52  related to the maintenance and preservation of state assets:
    53    1. $43,000 from the miscellaneous special revenue fund, administrative
    54  program account (21982).
    55    2. $1,537,000 from the miscellaneous special revenue fund, helen hayes
    56  hospital account (22140).

        S. 8306--C                         178                        A. 8806--C
 
     1    3. $474,000 from the miscellaneous special revenue fund, New York city
     2  veterans' home account (22141).
     3    4.  $593,000  from  the  miscellaneous  special revenue fund, New York
     4  state home for veterans' and their dependents at oxford account (22142).
     5    5. $177,000 from the miscellaneous special revenue fund,  western  New
     6  York veterans' home account (22143).
     7    6.  $336,000  from  the  miscellaneous  special revenue fund, New York
     8  state for veterans in the lower-hudson valley account (22144).
     9    7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
    10  services account (22163).
    11    8.  $9,173,000  from  the  miscellaneous  special  revenue fund, state
    12  university general income reimbursable account (22653).
    13    9. $150,218,000 from the miscellaneous  special  revenue  fund,  state
    14  university revenue offset account (22655).
    15    10. $50,197,000 from the state university dormitory income fund, state
    16  university dormitory income fund (40350).
    17    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    18  settlement and civil recovery account (22117).
    19    §  25. Subdivision 6 of section 4 of the state finance law, as amended
    20  by section 24 of part FFF of chapter 56 of the laws of 2022, is  amended
    21  to read as follows:
    22    6.  Notwithstanding  any  law to the contrary, at the beginning of the
    23  state fiscal year,  the  state  comptroller  is  hereby  authorized  and
    24  directed  to  receive  for  deposit  to  the  credit of a fund and/or an
    25  account such monies as are identified by the director of the  budget  as
    26  having been intended for such deposit to support disbursements from such
    27  fund  and/or  account  made  in pursuance of an appropriation by law. As
    28  soon as practicable upon enactment of the budget, the  director  of  the
    29  budget  shall,  but  not  less  than  three  days  following preliminary
    30  submission to the chairs of the senate finance committee and the  assem-
    31  bly  ways  and means committee, file with the state comptroller an iden-
    32  tification of specific monies to be so deposited. Any subsequent  change
    33  regarding  the  monies to be so deposited shall be filed by the director
    34  of the budget, as soon as practicable, but  not  less  than  three  days
    35  following  preliminary  submission  to  the chairs of the senate finance
    36  committee and the assembly ways and means committee.
    37    All monies identified by the director of the budget to be deposited to
    38  the credit of a fund and/or account shall be consistent with the  intent
    39  of  the  budget for the then current state fiscal year as enacted by the
    40  legislature.
    41    The provisions of this subdivision shall expire on March thirty-first,
    42  [two thousand twenty-four] two thousand twenty-seven.
    43    § 26. Subdivision 4 of section 40 of the state finance law, as amended
    44  by section 25 of part FFF of chapter 56 of the laws of 2022, is  amended
    45  to read as follows:
    46    4.  Every appropriation made from a fund or account to a department or
    47  agency shall be available for the payment of prior years' liabilities in
    48  such fund or account for fringe benefits, indirect costs, and telecommu-
    49  nications expenses and expenses  for  other  centralized  services  fund
    50  programs  without limit. Every appropriation shall also be available for
    51  the payment of prior  years'  liabilities  other  than  those  indicated
    52  above,  but  only  to the extent of one-half of one percent of the total
    53  amount appropriated to a department or agency in such fund or account.
    54    The provisions of this subdivision shall  expire  March  thirty-first,
    55  [two thousand twenty-four] two thousand twenty-seven.

        S. 8306--C                         179                        A. 8806--C
 
     1    §  26-a.  Subdivision  4  of  section  18 of the state finance law, as
     2  amended by section 30 of subpart D of part V-1 of chapter 57 of the laws
     3  of 2009, is amended to read as follows:
     4    4.  Unless  provided  otherwise  by contract, statute or regulation, a
     5  debtor that fails to make payment of a debt within the period set  forth
     6  in  subdivision  three  of  this  section  shall pay, in addition to the
     7  amount of debt, [the  greater  of:  (a)]  interest  on  the  outstanding
     8  balance  of  the  debt, accruing on the date on which the receipt of the
     9  first billing invoice or first notice occurs, computed at the  underpay-
    10  ment  rate which is in effect on the date which the receipt of the first
    11  billing invoice or first billing notice occurs[; or (b) a  late  payment
    12  charge  of ten dollars]. For the purposes of this section, the underpay-
    13  ment rate shall be that rate set by the  commissioner  of  taxation  and
    14  finance  and  published in the state register pursuant to subsection (e)
    15  of section one thousand ninety-six of the tax law minus four  percentage
    16  points.  With  respect  to specific classes of debt collected by a state
    17  agency, the director of the budget or official  of  a  state  agency  so
    18  designated  by  the director of the budget may approve the assessment of
    19  interest [or late payment charges] at a date later  than  the  thirtieth
    20  day  following  such  debtor's  receipt of any billing invoice or notice
    21  sent by the state agency.
    22    § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    23  contrary, the state comptroller is hereby authorized and directed to use
    24  any  balance  remaining  in the mental health services fund debt service
    25  appropriation, after payment by the state comptroller of all obligations
    26  required pursuant to any lease, sublease, or other financing arrangement
    27  between the dormitory authority of the state of New York as successor to
    28  the New York state medical  care  facilities  finance  agency,  and  the
    29  facilities development corporation pursuant to chapter 83 of the laws of
    30  1995  and  the  department  of  mental hygiene for the purpose of making
    31  payments to the dormitory authority of the state of  New  York  for  the
    32  amount  of  the  earnings  for the investment of monies deposited in the
    33  mental health services fund that such agency determines will or may have
    34  to be rebated to the federal government pursuant to  the  provisions  of
    35  the  internal  revenue code of 1986, as amended, in order to enable such
    36  agency to maintain the exemption from federal  income  taxation  on  the
    37  interest paid to the holders of such agency's mental services facilities
    38  improvement  revenue  bonds.  Annually on or before each June 30th, such
    39  agency shall certify to the state comptroller its determination  of  the
    40  amounts  received  in the mental health services fund as a result of the
    41  investment of monies deposited therein that  will  or  may  have  to  be
    42  rebated  to  the  federal  government  pursuant to the provisions of the
    43  internal revenue code of 1986, as amended.
    44    § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    45  of 1997, relating  to  the  financing  of  the  correctional  facilities
    46  improvement  fund and the youth facility improvement fund, as amended by
    47  section 27 of part PP of chapter 56 of the laws of 2023, is  amended  to
    48  read as follows:
    49    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    50  notwithstanding the provisions of section 18 of section 1 of chapter 174
    51  of the laws of 1968, the New York state urban development corporation is
    52  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    53  aggregate  principal  amount  not  to exceed [nine billion eight hundred
    54  sixty-five   million   eight   hundred   fifty-nine   thousand   dollars
    55  $9,865,859,000]    ten  billion  two  hundred  ninety-nine million three
    56  hundred fifty-nine thousand dollars $10,299,359,000, and  shall  include

        S. 8306--C                         180                        A. 8806--C
 
     1  all  bonds, notes and other obligations issued pursuant to chapter 56 of
     2  the laws of 1983, as amended  or  supplemented.  The  proceeds  of  such
     3  bonds, notes or other obligations shall be paid to the state, for depos-
     4  it  in  the  correctional facilities capital improvement fund to pay for
     5  all or any portion of the amount or  amounts  paid  by  the  state  from
     6  appropriations or reappropriations made to the department of corrections
     7  and  community  supervision  from  the  correctional  facilities capital
     8  improvement fund for capital projects. The aggregate  amount  of  bonds,
     9  notes  or  other  obligations  authorized  to be issued pursuant to this
    10  section shall exclude bonds, notes or other obligations issued to refund
    11  or otherwise repay bonds, notes or other obligations theretofore issued,
    12  the proceeds of which were paid to the state for all or a portion of the
    13  amounts expended by the state from  appropriations  or  reappropriations
    14  made  to  the  department  of  corrections  and  community  supervision;
    15  provided, however, that upon any such refunding or repayment  the  total
    16  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    17  gations may be greater  than  [nine  billion  eight  hundred  sixty-five
    18  million  eight  hundred  fifty-nine thousand dollars $9,865,859,000] ten
    19  billion two hundred ninety-nine million three hundred  fifty-nine  thou-
    20  sand dollars $10,299,359,000, only if the present value of the aggregate
    21  debt  service  of the refunding or repayment bonds, notes or other obli-
    22  gations to be issued shall not exceed the present value of the aggregate
    23  debt service of the bonds, notes or other obligations so to be  refunded
    24  or  repaid.  For the purposes hereof, the present value of the aggregate
    25  debt service of the refunding or repayment bonds, notes or  other  obli-
    26  gations  and  of the aggregate debt service of the bonds, notes or other
    27  obligations so refunded or repaid, shall be calculated by utilizing  the
    28  effective  interest  rate  of the refunding or repayment bonds, notes or
    29  other obligations, which shall be that rate arrived at by  doubling  the
    30  semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
    31  discount the debt service payments on the refunding or repayment  bonds,
    32  notes or other obligations from the payment dates thereof to the date of
    33  issue  of  the  refunding or repayment bonds, notes or other obligations
    34  and to the price bid including estimated accrued  interest  or  proceeds
    35  received  by  the  corporation including estimated accrued interest from
    36  the sale thereof.
    37    § 29. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    38  housing  finance  law, as amended by section 42 of part PP of chapter 56
    39  of the laws of 2023, is amended to read as follows:
    40    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    41  thousand, in order to enhance and encourage  the  promotion  of  housing
    42  programs  and thereby achieve the stated purposes and objectives of such
    43  housing programs, the agency shall have the power and is hereby  author-
    44  ized  from  time  to  time to issue negotiable housing program bonds and
    45  notes in such principal amount as shall be necessary to  provide  suffi-
    46  cient  funds  for the repayment of amounts disbursed (and not previously
    47  reimbursed) pursuant to law or any prior year making  capital  appropri-
    48  ations  or  reappropriations  for  the  purposes of the housing program;
    49  provided, however, that the agency may issue such bonds and notes in  an
    50  aggregate  principal  amount not exceeding [thirteen billion six hundred
    51  thirty-five  million   four   hundred   twenty-five   thousand   dollars
    52  $13,635,425,000] fourteen billion five hundred twenty-six million eight-
    53  y-nine  thousand  dollars  $14,526,089,000,  plus  a principal amount of
    54  bonds issued to fund the debt service reserve fund  in  accordance  with
    55  the  debt service reserve fund requirement established by the agency and
    56  to fund any other reserves that the agency  reasonably  deems  necessary

        S. 8306--C                         181                        A. 8806--C
 
     1  for  the  security or marketability of such bonds and to provide for the
     2  payment of fees and other charges and expenses, including  underwriters'
     3  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
     4  enhancement  and  liquidity  enhancement related to the issuance of such
     5  bonds and notes. No reserve fund  securing  the  housing  program  bonds
     6  shall  be  entitled  or  eligible  to receive state funds apportioned or
     7  appropriated to maintain or restore such reserve fund at or to a partic-
     8  ular level, except to the extent of any deficiency resulting directly or
     9  indirectly from a failure of the state to appropriate or pay the  agreed
    10  amount  under  any  of the contracts provided for in subdivision four of
    11  this section.
    12    § 30. Paragraph (b) of subdivision 1 of  section  385  of  the  public
    13  authorities  law,  as  amended by section 45 of part PP of chapter 56 of
    14  the laws of 2023, is amended to read as follows:
    15    (b) The  authority  is  hereby  authorized,  as  additional  corporate
    16  purposes  thereof solely upon the request of the director of the budget:
    17  (i) to issue special emergency highway and bridge trust fund  bonds  and
    18  notes  for  a  term  not to exceed thirty years and to incur obligations
    19  secured by the moneys appropriated from the dedicated highway and bridge
    20  trust fund established in section eighty-nine-b  of  the  state  finance
    21  law; (ii) to make available the proceeds in accordance with instructions
    22  provided  by  the  director  of the budget from the sale of such special
    23  emergency highway and bridge trust fund  bonds,  notes  or  other  obli-
    24  gations,  net of all costs to the authority in connection therewith, for
    25  the purposes of financing all or a portion of the  costs  of  activities
    26  for  which  moneys in the dedicated highway and bridge trust fund estab-
    27  lished in section eighty-nine-b of the state finance law are  authorized
    28  to  be  utilized or for the financing of disbursements made by the state
    29  for the activities authorized pursuant to section eighty-nine-b  of  the
    30  state  finance  law; and (iii) to enter into agreements with the commis-
    31  sioner of transportation pursuant to section ten-e of  the  highway  law
    32  with  respect  to  financing  for  any activities authorized pursuant to
    33  section eighty-nine-b of the state finance law, or agreements  with  the
    34  commissioner  of  transportation pursuant to sections ten-f and ten-g of
    35  the highway law in connection with activities on state highways pursuant
    36  to these sections, and (iv) to enter into service contracts,  contracts,
    37  agreements,  deeds  and  leases  with  the director of the budget or the
    38  commissioner of  transportation  and  project  sponsors  and  others  to
    39  provide  for  the  financing  by  the authority of activities authorized
    40  pursuant to section eighty-nine-b of the state finance law, and each  of
    41  the  director  of  the budget and the commissioner of transportation are
    42  hereby authorized to enter into  service  contracts,  contracts,  agree-
    43  ments,  deeds  and leases with the authority, project sponsors or others
    44  to provide for such financing. The authority shall not issue  any  bonds
    45  or  notes  in  an amount in excess of [twenty billion six hundred forty-
    46  eight million five hundred seven thousand dollars $20,648,507,000] twen-
    47  ty-one billion four hundred fifty-eight million three hundred nine thou-
    48  sand dollars $21,458,309,000, plus a principal amount of bonds or notes:
    49  (A) to fund capital reserve funds; (B) to provide capitalized  interest;
    50  and,  (C) to fund other costs of issuance. In computing for the purposes
    51  of this subdivision, the aggregate amount of indebtedness  evidenced  by
    52  bonds  and  notes  of  the authority issued pursuant to this section, as
    53  amended by a chapter of the laws of nineteen hundred  ninety-six,  there
    54  shall be excluded the amount of bonds or notes issued that would consti-
    55  tute  interest under the United States Internal Revenue Code of 1986, as

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     1  amended, and the amount of indebtedness issued to  refund  or  otherwise
     2  repay bonds or notes.
     3    §  31.  Paragraph  (c) of subdivision 14 of section 1680 of the public
     4  authorities law, as amended by section 32 of part PP of  chapter  56  of
     5  the laws of 2023, is amended to read as follows:
     6    (c) Subject to the provisions of chapter fifty-nine of the laws of two
     7  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
     8  bonds for city university community college facilities, except to refund
     9  or to be substituted for or in lieu of other bonds in relation  to  city
    10  university  community college facilities pursuant to a resolution of the
    11  dormitory authority adopted before July first, nineteen hundred  eighty-
    12  five  or any resolution supplemental thereto, if the principal amount of
    13  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    14  previously  issued by the dormitory authority for city university commu-
    15  nity college facilities, except to refund or to be substituted  in  lieu
    16  of  other bonds in relation to city university community college facili-
    17  ties will exceed the sum of four hundred twenty-five million dollars and
    18  (ii) the dormitory authority shall not deliver a series of bonds  issued
    19  for  city university facilities, including community college facilities,
    20  pursuant to a resolution of the dormitory authority adopted on or  after
    21  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    22  substituted for or in lieu of other bonds in relation to city university
    23  facilities and except for bonds issued pursuant to a resolution  supple-
    24  mental  to a resolution of the dormitory authority adopted prior to July
    25  first, nineteen hundred eighty-five, if the principal amount of bonds so
    26  to be issued when added to the  principal  amount  of  bonds  previously
    27  issued pursuant to any such resolution, except bonds issued to refund or
    28  to  be  substituted  for  or  in lieu of other bonds in relation to city
    29  university facilities, will exceed [eleven billion three  hundred  four-
    30  teen  million  three hundred fifty-two thousand dollars $11,314,352,000]
    31  eleven billion seven hundred  sixty-three  million  twenty-two  thousand
    32  dollars $11,763,022,000.  The legislature reserves the right to amend or
    33  repeal  such  limit, and the state of New York, the dormitory authority,
    34  the city university, and the fund are  prohibited  from  covenanting  or
    35  making any other agreements with or for the benefit of bondholders which
    36  might in any way affect such right.
    37    §  32.  Subdivision 1 of section 1689-i of the public authorities law,
    38  as amended by section 39 of part PP of chapter 56 of the laws  of  2023,
    39  is amended to read as follows:
    40    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
    41  request of the commissioner of education, to  finance  eligible  library
    42  construction projects pursuant to section two hundred seventy-three-a of
    43  the  education  law,  in  amounts  certified by such commissioner not to
    44  exceed a total principal amount of [three  hundred  sixty-seven  million
    45  dollars $367,000,000] four hundred eleven million dollars $411,000,000.
    46    §  33.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    47  authorities law, as amended by section 31 of part PP of  chapter  56  of
    48  the laws of 2023, is amended to read as follows:
    49    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    50  thousand,  the  dormitory  authority shall not issue any bonds for state
    51  university educational facilities purposes if the  principal  amount  of
    52  bonds to be issued when added to the aggregate principal amount of bonds
    53  issued  by  the  dormitory  authority  on and after July first, nineteen
    54  hundred eighty-eight for state university  educational  facilities  will
    55  exceed [eighteen billion one hundred ten million nine hundred sixty-four
    56  thousand  dollars $18,110,964,000] eighteen billion nine hundred eighty-

        S. 8306--C                         183                        A. 8806--C
 
     1  eight million one hundred sixty-four thousand  dollars  $18,988,164,000;
     2  provided,  however,  that bonds issued or to be issued shall be excluded
     3  from such limitation if: (1) such  bonds  are  issued  to  refund  state
     4  university  construction  bonds  and state university construction notes
     5  previously issued by the housing finance agency; or (2) such  bonds  are
     6  issued  to refund bonds of the authority or other obligations issued for
     7  state university educational facilities purposes and the  present  value
     8  of the aggregate debt service on the refunding bonds does not exceed the
     9  present value of the aggregate debt service on the bonds refunded there-
    10  by;  provided,  further  that  upon certification by the director of the
    11  budget that the issuance of refunding bonds or other obligations  issued
    12  between April first, nineteen hundred ninety-two and March thirty-first,
    13  nineteen  hundred ninety-three will generate long term economic benefits
    14  to the state, as assessed on a present value basis, such  issuance  will
    15  be  deemed  to have met the present value test noted above. For purposes
    16  of this subdivision, the present value of the aggregate debt service  of
    17  the  refunding  bonds  and  the  aggregate  debt  service  of  the bonds
    18  refunded, shall be calculated by utilizing the true interest cost of the
    19  refunding bonds, which shall be that rate arrived  at  by  doubling  the
    20  semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
    21  discount the debt service payments  on  the  refunding  bonds  from  the
    22  payment dates thereof to the date of issue of the refunding bonds to the
    23  purchase price of the refunding bonds, including interest accrued there-
    24  on prior to the issuance thereof. The maturity of such bonds, other than
    25  bonds  issued to refund outstanding bonds, shall not exceed the weighted
    26  average economic life, as certified by the state university construction
    27  fund, of the facilities in connection with which the bonds  are  issued,
    28  and  in any case not later than the earlier of thirty years or the expi-
    29  ration of the term of any lease, sublease or  other  agreement  relating
    30  thereto; provided that no note, including renewals thereof, shall mature
    31  later  than  five  years  after  the  date of issuance of such note. The
    32  legislature reserves the right to amend or repeal such  limit,  and  the
    33  state  of New York, the dormitory authority, the state university of New
    34  York, and the state university construction  fund  are  prohibited  from
    35  covenanting  or  making  any other agreements with or for the benefit of
    36  bondholders which might in any way affect such right.
    37    § 34. Subdivision 10-a of section 1680 of the public authorities  law,
    38  as  amended  by section 33 of part PP of chapter 56 of the laws of 2023,
    39  is amended to read as follows:
    40    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
    41  two  thousand, but notwithstanding any other provision of the law to the
    42  contrary, the maximum amount of bonds and notes to be issued after March
    43  thirty-first, two thousand two, on behalf of the state, in  relation  to
    44  any  locally  sponsored  community  college,  shall  be [one billion two
    45  hundred    twenty-seven    million    ninety-five    thousand    dollars
    46  $1,227,095,000]  one  billion  three  hundred  sixty-five  million three
    47  hundred eight thousand dollars $1,365,308,000.   Such  amount  shall  be
    48  exclusive  of  bonds and notes issued to fund any reserve fund or funds,
    49  costs of issuance and to refund any outstanding bonds and notes,  issued
    50  on  behalf  of  the  state,  relating  to  a locally sponsored community
    51  college.
    52    § 35. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    53  chapter 392 of the laws of 1973, constituting the New York state medical
    54  care  facilities finance agency act, as amended by section 35 of part PP
    55  of chapter 56 of the laws of 2023, is amended to read as follows:

        S. 8306--C                         184                        A. 8806--C
 
     1    b. The agency shall have power and is hereby authorized from  time  to
     2  time  to  issue negotiable bonds and notes in conformity with applicable
     3  provisions of the uniform commercial code in such principal  amount  as,
     4  in  the  opinion  of  the  agency, shall be necessary, after taking into
     5  account  other moneys which may be available for the purpose, to provide
     6  sufficient funds to  the  facilities  development  corporation,  or  any
     7  successor agency, for the financing or refinancing of or for the design,
     8  construction, acquisition, reconstruction, rehabilitation or improvement
     9  of  mental  health  services  facilities pursuant to paragraph a of this
    10  subdivision, the payment of interest on mental health services  improve-
    11  ment  bonds and mental health services improvement notes issued for such
    12  purposes, the establishment of reserves to secure such bonds and  notes,
    13  the  cost  or  premium  of  bond insurance or the costs of any financial
    14  mechanisms which may be used to reduce the debt service  that  would  be
    15  payable  by the agency on its mental health services facilities improve-
    16  ment bonds and notes and all other expenditures of the  agency  incident
    17  to  and  necessary or convenient to providing the facilities development
    18  corporation, or any successor agency, with funds for  the  financing  or
    19  refinancing of or for any such design, construction, acquisition, recon-
    20  struction, rehabilitation or improvement and for the refunding of mental
    21  hygiene improvement bonds issued pursuant to section 47-b of the private
    22  housing  finance law; provided, however, that the agency shall not issue
    23  mental health services facilities improvement bonds  and  mental  health
    24  services  facilities  improvement notes in an aggregate principal amount
    25  exceeding [twelve billion four hundred eighteen  million  three  hundred
    26  thirty-seven  thousand  dollars  $12,418,337,000]  twelve  billion  nine
    27  hundred twenty-one million  seven  hundred  fifty-six  thousand  dollars
    28  $12,921,756,000, excluding mental health services facilities improvement
    29  bonds  and mental health services facilities improvement notes issued to
    30  refund outstanding mental health services facilities  improvement  bonds
    31  and  mental  health  services  facilities  improvement  notes; provided,
    32  however, that upon any such refunding  or  repayment  of  mental  health
    33  services  facilities  improvement  bonds  and/or  mental health services
    34  facilities improvement notes the total  aggregate  principal  amount  of
    35  outstanding  mental  health  services  facilities  improvement bonds and
    36  mental health facilities improvement notes may be greater  than  [twelve
    37  billion  four  hundred eighteen million three hundred thirty-seven thou-
    38  sand dollars $12,418,337,000] twelve  billion  nine  hundred  twenty-one
    39  million  seven  hundred fifty-six thousand dollars $12,921,756,000, only
    40  if, except  as  hereinafter  provided  with  respect  to  mental  health
    41  services  facilities  bonds  and mental health services facilities notes
    42  issued to refund mental  hygiene  improvement  bonds  authorized  to  be
    43  issued pursuant to the provisions of section 47-b of the private housing
    44  finance  law,  the  present  value  of the aggregate debt service of the
    45  refunding or repayment bonds to be issued shall not exceed  the  present
    46  value  of  the  aggregate  debt  service  of the bonds to be refunded or
    47  repaid. For purposes hereof, the present values of  the  aggregate  debt
    48  service  of the refunding or repayment bonds, notes or other obligations
    49  and of the aggregate debt service of the bonds,  notes  or  other  obli-
    50  gations  so  refunded  or  repaid,  shall be calculated by utilizing the
    51  effective interest rate of the refunding or repayment  bonds,  notes  or
    52  other  obligations,  which shall be that rate arrived at by doubling the
    53  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
    54  discount  the debt service payments on the refunding or repayment bonds,
    55  notes or other obligations from the payment dates thereof to the date of
    56  issue of the refunding or repayment bonds, notes  or  other  obligations

        S. 8306--C                         185                        A. 8806--C
 
     1  and  to  the  price bid including estimated accrued interest or proceeds
     2  received by the authority including estimated accrued interest from  the
     3  sale  thereof. Such bonds, other than bonds issued to refund outstanding
     4  bonds,  shall be scheduled to mature over a term not to exceed the aver-
     5  age useful life, as certified by the facilities development corporation,
     6  of the projects for which the bonds are issued, and in  any  case  shall
     7  not  exceed  thirty  years  and  the  maximum  maturity  of notes or any
     8  renewals thereof shall not exceed  five  years  from  the  date  of  the
     9  original  issue  of  such  notes. Notwithstanding the provisions of this
    10  section, the agency shall have the power and  is  hereby  authorized  to
    11  issue  mental health services facilities improvement bonds and/or mental
    12  health services  facilities  improvement  notes  to  refund  outstanding
    13  mental hygiene improvement bonds authorized to be issued pursuant to the
    14  provisions  of  section  47-b of the private housing finance law and the
    15  amount of bonds issued or outstanding for such  purposes  shall  not  be
    16  included for purposes of determining the amount of bonds issued pursuant
    17  to this section. The director of the budget shall allocate the aggregate
    18  principal  authorized  to  be  issued  by the agency among the office of
    19  mental health, office for people with  developmental  disabilities,  and
    20  the  office  of  addiction  services  and supports, in consultation with
    21  their respective commissioners to finance bondable appropriations previ-
    22  ously approved by the legislature.
    23    § 36. Subdivision (a) of section 48 of part K of  chapter  81  of  the
    24  laws  of  2002,  relating to providing for the administration of certain
    25  funds and accounts related  to  the  2002-2003  budget,  as  amended  by
    26  section  30  of part PP of chapter 56 of the laws of 2023, is amended to
    27  read as follows:
    28    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
    29  notwithstanding  the  provisions  of section 18 of the urban development
    30  corporation act, the corporation is hereby authorized to issue bonds  or
    31  notes  in  one  or  more  series in an aggregate principal amount not to
    32  exceed  [five  hundred  one  million  five  hundred   thousand   dollars
    33  $501,500,000]  five  hundred  twenty-two  million  five hundred thousand
    34  dollars $522,500,000, excluding bonds issued to fund one  or  more  debt
    35  service reserve funds, to pay costs of issuance of such bonds, and bonds
    36  or  notes issued to refund or otherwise repay such bonds or notes previ-
    37  ously issued, for the purpose of  financing  capital  costs  related  to
    38  homeland  security  and  training  facilities  for the division of state
    39  police, the division of military and naval affairs, and any other  state
    40  agency,  including  the reimbursement of any disbursements made from the
    41  state capital projects fund, and is hereby authorized to issue bonds  or
    42  notes  in  one  or  more  series in an aggregate principal amount not to
    43  exceed [one billion seven hundred thirteen million  eighty-six  thousand
    44  dollars $1,713,086,000] one billion eight hundred fifty-five million two
    45  hundred  eighty-six  thousand  dollars  $1,855,286,000,  excluding bonds
    46  issued to fund one or more debt service reserve funds, to pay  costs  of
    47  issuance of such bonds, and bonds or notes issued to refund or otherwise
    48  repay  such bonds or notes previously issued, for the purpose of financ-
    49  ing improvements to State office buildings and other facilities  located
    50  statewide,  including  the  reimbursement of any disbursements made from
    51  the state capital projects fund. Such bonds and notes of the corporation
    52  shall not be a debt of the state, and the  state  shall  not  be  liable
    53  thereon,  nor  shall  they  be payable out of any funds other than those
    54  appropriated by the state  to  the  corporation  for  debt  service  and
    55  related  expenses pursuant to any service contracts executed pursuant to

        S. 8306--C                         186                        A. 8806--C
 
     1  subdivision (b) of this section, and such bonds and notes shall  contain
     2  on the face thereof a statement to such effect.
     3    §  37.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
     4  laws of 1968, constituting the New York state urban  development  corpo-
     5  ration  act,  as  amended  by section 44 of part PP of chapter 56 of the
     6  laws of 2023, is amended to read as follows:
     7    1. Notwithstanding the provisions of any other law  to  the  contrary,
     8  the  dormitory  authority  and  the corporation are hereby authorized to
     9  issue bonds or notes in one or more series for the  purpose  of  funding
    10  project costs for the office of information technology services, depart-
    11  ment  of  law,  and  other  state  costs  associated  with  such capital
    12  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    13  issued  pursuant  to  this  section  shall not exceed [one billion three
    14  hundred fifty-three million eight  hundred  fifty-two  thousand  dollars
    15  $1,353,852,000]  one  billion  seven  hundred  forty-two  million  seven
    16  hundred twelve thousand dollars $1,742,712,000, excluding  bonds  issued
    17  to fund one or more debt service reserve funds, to pay costs of issuance
    18  of  such  bonds,  and bonds or notes issued to refund or otherwise repay
    19  such bonds or notes previously issued.  Such  bonds  and  notes  of  the
    20  dormitory  authority  and  the  corporation  shall  not be a debt of the
    21  state, and the state shall not be liable  thereon,  nor  shall  they  be
    22  payable  out  of any funds other than those appropriated by the state to
    23  the dormitory authority and the corporation for principal, interest, and
    24  related expenses pursuant to a service contract and such bonds and notes
    25  shall contain on the face thereof a statement to such effect. Except for
    26  purposes of complying with  the  internal  revenue  code,  any  interest
    27  income earned on bond proceeds shall only be used to pay debt service on
    28  such bonds.
    29    §  38.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
    30  1991, amending the state finance law and  other  laws  relating  to  the
    31  establishment of the dedicated highway and bridge trust fund, as amended
    32  by  section  38 of part PP of chapter 56 of the laws of 2023, is amended
    33  to read as follows:
    34    (b) Any service contract or contracts for projects authorized pursuant
    35  to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
    36  14-k of the transportation law, and entered into pursuant to subdivision
    37  (a)  of  this  section,  shall  provide for state commitments to provide
    38  annually to the thruway authority a sum or sums,  upon  such  terms  and
    39  conditions as shall be deemed appropriate by the director of the budget,
    40  to fund, or fund the debt service requirements of any bonds or any obli-
    41  gations  of  the  thruway  authority  issued to fund or to reimburse the
    42  state for funding such projects having a cost not in excess of [thirteen
    43  billion nine hundred forty-nine million two hundred thirty-four thousand
    44  dollars  $13,949,234,000]  fourteen  billion  eight  hundred  forty-four
    45  million  five  hundred  eighty-seven  thousand  dollars  $14,844,587,000
    46  cumulatively by the end of fiscal year [2023-24] 2024-25.  For  purposes
    47  of  this  subdivision,  such projects shall be deemed to include capital
    48  grants to cities, towns and villages for the reimbursement  of  eligible
    49  capital  costs  of local highway and bridge projects within such munici-
    50  pality, where allocations to cities, towns and villages are based on the
    51  total number of New York or United States or interstate  signed  touring
    52  route  miles for which such municipality has capital maintenance respon-
    53  sibility, and where such eligible capital costs  include  the  costs  of
    54  construction  and  repair  of highways, bridges, highway-railroad cross-
    55  ings, and other transportation facilities for projects  with  a  service
    56  life of ten years or more.

        S. 8306--C                         187                        A. 8806--C

     1    §  39.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
     2  constituting the New York state urban development  corporation  act,  as
     3  amended  by  section 37 of part PP of chapter 56 of the laws of 2023, is
     4  amended to read as follows:
     5    §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
     6  contrary, the dormitory authority and the urban development  corporation
     7  are  hereby authorized to issue bonds or notes in one or more series for
     8  the purpose of funding project costs for the acquisition  of  equipment,
     9  including  but  not limited to the creation or modernization of informa-
    10  tion technology systems and related research and development  equipment,
    11  health and safety equipment, heavy equipment and machinery, the creation
    12  or  improvement  of security systems, and laboratory equipment and other
    13  state costs associated with such capital projects.  The aggregate  prin-
    14  cipal  amount  of bonds authorized to be issued pursuant to this section
    15  shall  not   exceed   [four   hundred   ninety-three   million   dollars
    16  $493,000,000]  five  hundred  ninety-three million dollars $593,000,000,
    17  excluding bonds issued to fund one or more debt service  reserve  funds,
    18  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    19  refund or otherwise repay such bonds or notes  previously  issued.  Such
    20  bonds  and  notes  of  the dormitory authority and the urban development
    21  corporation shall not be a debt of the state, and the state shall not be
    22  liable thereon, nor shall they be payable out of any  funds  other  than
    23  those appropriated by the state to the dormitory authority and the urban
    24  development  corporation  for  principal, interest, and related expenses
    25  pursuant to a service contract and such bonds and notes shall contain on
    26  the face thereof a statement to such effect.   Except  for  purposes  of
    27  complying  with the internal revenue code, any interest income earned on
    28  bond proceeds shall only be used to pay debt service on such bonds.
    29    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    30  order to assist the dormitory authority and the urban development corpo-
    31  ration  in  undertaking the financing for project costs for the acquisi-
    32  tion of equipment, including but not limited to the creation or  modern-
    33  ization  of  information  technology  systems  and  related research and
    34  development equipment, health and safety equipment, heavy equipment  and
    35  machinery,  the creation or improvement of security systems, and labora-
    36  tory equipment and  other  state  costs  associated  with  such  capital
    37  projects,  the director of the budget is hereby authorized to enter into
    38  one or more service contracts with the dormitory authority and the urban
    39  development corporation, none of which  shall  exceed  thirty  years  in
    40  duration,  upon  such terms and conditions as the director of the budget
    41  and the dormitory authority and the urban development corporation agree,
    42  so as to annually provide to  the  dormitory  authority  and  the  urban
    43  development corporation, in the aggregate, a sum not to exceed the prin-
    44  cipal, interest, and related expenses required for such bonds and notes.
    45  Any service contract entered into pursuant to this section shall provide
    46  that  the  obligation  of  the  state to pay the amount therein provided
    47  shall not constitute a debt of the  state  within  the  meaning  of  any
    48  constitutional or statutory provision and shall be deemed executory only
    49  to  the  extent  of  monies  available  and  that  no liability shall be
    50  incurred by the state beyond the  monies  available  for  such  purpose,
    51  subject to annual appropriation by the legislature. Any such contract or
    52  any  payments  made or to be made thereunder may be assigned and pledged
    53  by the dormitory authority and  the  urban  development  corporation  as
    54  security for its bonds and notes, as authorized by this section.

        S. 8306--C                         188                        A. 8806--C
 
     1    §  40.  Subdivision 3 of section 1285-p of the public authorities law,
     2  as amended by section 29 of part PP of chapter 56 of the laws  of  2023,
     3  is amended to read as follows:
     4    3.  The  maximum amount of bonds that may be issued for the purpose of
     5  financing  environmental  infrastructure  projects  authorized  by  this
     6  section  shall  be [nine billion three hundred thirty-five million seven
     7  hundred ten thousand dollars $9,335,710,000] ten billion  eight  hundred
     8  sixty-six  million  five hundred sixty thousand dollars $10,866,560,000,
     9  exclusive of bonds issued to fund any debt service  reserve  funds,  pay
    10  costs  of issuance of such bonds, and bonds or notes issued to refund or
    11  otherwise repay bonds or notes previously issued. Such bonds  and  notes
    12  of the corporation shall not be a debt of the state, and the state shall
    13  not  be liable thereon, nor shall they be payable out of any funds other
    14  than those appropriated by the state to the corporation for debt service
    15  and related expenses pursuant to any service contracts executed pursuant
    16  to subdivision one of this section,  and  such  bonds  and  notes  shall
    17  contain on the face thereof a statement to such effect.
    18    § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    19  of  1997,  relating  to  the  financing  of  the correctional facilities
    20  improvement fund and the youth facility improvement fund, as amended  by
    21  section  34  of part PP of chapter 56 of the laws of 2023, is amended to
    22  read as follows:
    23    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    24  notwithstanding the provisions of section 18 of section 1 of chapter 174
    25  of the laws of 1968, the New York state urban development corporation is
    26  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    27  aggregate principal amount not to exceed [one billion  fourteen  million
    28  seven  hundred  thirty-five thousand dollars $1,014,735,000] one billion
    29  sixty-six   million   seven   hundred   fifty-five   thousand    dollars
    30  $1,066,755,000,  which  authorization  increases the aggregate principal
    31  amount of bonds, notes and other obligations authorized by section 40 of
    32  chapter 309 of the laws of 1996, and shall include all bonds, notes  and
    33  other obligations issued pursuant to chapter 211 of the laws of 1990, as
    34  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    35  obligations shall be paid to the state, for deposit in the youth facili-
    36  ties improvement fund or the capital projects fund, to pay  for  all  or
    37  any  portion  of  the amount or amounts paid by the state from appropri-
    38  ations or reappropriations made to the office  of  children  and  family
    39  services   from  the  youth  facilities  improvement  fund  for  capital
    40  projects. The aggregate amount of bonds,  notes  and  other  obligations
    41  authorized  to  be  issued pursuant to this section shall exclude bonds,
    42  notes or other obligations issued to refund or  otherwise  repay  bonds,
    43  notes  or  other  obligations  theretofore issued, the proceeds of which
    44  were paid to the state for all or a portion of the amounts  expended  by
    45  the  state from appropriations or reappropriations made to the office of
    46  children and family services; provided,  however,  that  upon  any  such
    47  refunding or repayment the total aggregate principal amount of outstand-
    48  ing  bonds,  notes or other obligations may be greater than [one billion
    49  fourteen   million   seven   hundred   thirty-five   thousand    dollars
    50  $1,014,735,000]  one  billion sixty-six million seven hundred fifty-five
    51  thousand dollars $1,066,755,000, only if the present value of the aggre-
    52  gate debt service of the refunding or repayment bonds,  notes  or  other
    53  obligations  to  be  issued  shall  not  exceed the present value of the
    54  aggregate debt service of the bonds, notes or other obligations so to be
    55  refunded or repaid. For the purposes hereof, the present  value  of  the
    56  aggregate  debt  service  of  the refunding or repayment bonds, notes or

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     1  other obligations and of the aggregate debt service of the bonds,  notes
     2  or  other  obligations  so  refunded  or  repaid, shall be calculated by
     3  utilizing the effective interest rate  of  the  refunding  or  repayment
     4  bonds,  notes  or other obligations, which shall be that rate arrived at
     5  by doubling the semi-annual  interest  rate  (compounded  semi-annually)
     6  necessary  to  discount  the  debt  service payments on the refunding or
     7  repayment bonds, notes or other obligations from the payment dates ther-
     8  eof to the date of issue of the refunding or repayment bonds,  notes  or
     9  other  obligations  and  to  the  price  bid including estimated accrued
    10  interest or proceeds received by  the  corporation  including  estimated
    11  accrued interest from the sale thereof.
    12    § 42. Subdivision 1 of section 386-b of the public authorities law, as
    13  amended  by  section 41 of part PP of chapter 56 of the laws of 2023, is
    14  amended to read as follows:
    15    1. Notwithstanding any other provision of law  to  the  contrary,  the
    16  authority, the dormitory authority and the urban development corporation
    17  are  hereby authorized to issue bonds or notes in one or more series for
    18  the purpose of financing peace bridge  projects  and  capital  costs  of
    19  state and local highways, parkways, bridges, the New York state thruway,
    20  Indian reservation roads, and facilities, and transportation infrastruc-
    21  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    22  projects, and rail service preservation projects, including work  appur-
    23  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    24  authorized to be issued  pursuant  to  this  section  shall  not  exceed
    25  [twelve  billion  three hundred eight million three hundred eleven thou-
    26  sand dollars $12,308,311,000] fifteen billion two hundred forty  million
    27  six hundred sixty-nine thousand dollars $15,240,669,000, excluding bonds
    28  issued  to  fund one or more debt service reserve funds, to pay costs of
    29  issuance of such bonds, and to refund or otherwise repay such  bonds  or
    30  notes  previously  issued.  Such  bonds  and notes of the authority, the
    31  dormitory authority and the urban development corporation shall not be a
    32  debt of the state, and the state shall not be liable thereon, nor  shall
    33  they  be  payable  out of any funds other than those appropriated by the
    34  state to the authority, the dormitory authority and the  urban  develop-
    35  ment  corporation for principal, interest, and related expenses pursuant
    36  to a service contract and such bonds and notes shall contain on the face
    37  thereof a statement to such effect. Except  for  purposes  of  complying
    38  with  the  internal  revenue  code,  any  interest income earned on bond
    39  proceeds shall only be used to pay debt service on such bonds.
    40    § 43. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
    41  constituting  the  New  York state urban development corporation act, as
    42  amended by section 40 of part PP of chapter 56 of the laws of  2023,  is
    43  amended to read as follows:
    44    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    45  provisions of any other law to the contrary, the dormitory authority and
    46  the corporation are hereby authorized to issue bonds or notes in one  or
    47  more  series  for  the purpose of funding project costs for the regional
    48  economic development council  initiative,  the  economic  transformation
    49  program,  state university of New York college for nanoscale and science
    50  engineering, projects within the city of Buffalo  or  surrounding  envi-
    51  rons,  the  New  York  works economic development fund, projects for the
    52  retention of professional football in western New York, the empire state
    53  economic development fund, the  clarkson-trudeau  partnership,  the  New
    54  York  genome  center, the cornell university college of veterinary medi-
    55  cine, the olympic  regional  development  authority,  projects  at  nano
    56  Utica,  onondaga  county  revitalization projects, Binghamton university

        S. 8306--C                         190                        A. 8806--C
 
     1  school of pharmacy, New York power electronics manufacturing consortium,
     2  regional infrastructure projects,  high  tech  innovation  and  economic
     3  development   infrastructure   program,  high  technology  manufacturing
     4  projects in Chautauqua and Erie county, an industrial scale research and
     5  development  facility  in  Clinton county, upstate revitalization initi-
     6  ative projects, downstate revitalization  initiative,  market  New  York
     7  projects,  fairground  buildings,  equipment or facilities used to house
     8  and promote agriculture, the state fair, the  empire  state  trail,  the
     9  moynihan  station  development  project, the Kingsbridge armory project,
    10  strategic economic development projects, the cultural, arts  and  public
    11  spaces  fund,  water  infrastructure  in  the city of Auburn and town of
    12  Owasco, a life sciences laboratory public  health  initiative,  not-for-
    13  profit  pounds, shelters and humane societies, arts and cultural facili-
    14  ties improvement program, restore  New  York's  communities  initiative,
    15  heavy  equipment,  economic  development  and  infrastructure  projects,
    16  Roosevelt Island operating corporation capital  projects,  Lake  Ontario
    17  regional  projects,  Pennsylvania  station  and  other transit projects,
    18  athletic facilities for professional football in Orchard Park, New York,
    19  Rush - NY, New York AI Consortium, New York Creates UEV Tool, and  other
    20  state  costs  associated  with  such  projects.  The aggregate principal
    21  amount of bonds authorized to be issued pursuant to this  section  shall
    22  not exceed [seventeen billion six hundred fifty-five million six hundred
    23  two  thousand  dollars  $17,655,602,000]  twenty  billion  eight hundred
    24  seventy-eight  million  one   hundred   ninety-four   thousand   dollars
    25  $20,878,194,000, excluding bonds issued to fund one or more debt service
    26  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    27  notes issued to refund or otherwise repay such bonds or notes previously
    28  issued. Such bonds and notes of the dormitory authority and  the  corpo-
    29  ration  shall  not  be  a  debt of the state, and the state shall not be
    30  liable thereon, nor shall they be payable out of any  funds  other  than
    31  those  appropriated  by  the  state  to  the dormitory authority and the
    32  corporation for principal, interest, and related expenses pursuant to  a
    33  service  contract  and  such  bonds  and notes shall contain on the face
    34  thereof a statement to such effect.   Except for purposes  of  complying
    35  with  the  internal  revenue  code,  any  interest income earned on bond
    36  proceeds shall only be used to pay debt service on such bonds.
    37    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    38  order to assist the dormitory authority and the corporation in undertak-
    39  ing  the  financing for project costs for the regional economic develop-
    40  ment council initiative,  the  economic  transformation  program,  state
    41  university  of  New  York college for nanoscale and science engineering,
    42  projects within the city of Buffalo or  surrounding  environs,  the  New
    43  York  works  economic  development  fund,  projects for the retention of
    44  professional football in western New York,  the  empire  state  economic
    45  development  fund, the clarkson-trudeau partnership, the New York genome
    46  center, the cornell university college of veterinary medicine, the olym-
    47  pic regional development authority, projects  at  nano  Utica,  onondaga
    48  county  revitalization projects, Binghamton university school of pharma-
    49  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    50  infrastructure  projects,  New York State Capital Assistance Program for
    51  Transportation, infrastructure,  and  economic  development,  high  tech
    52  innovation  and  economic development infrastructure program, high tech-
    53  nology manufacturing projects in Chautauqua and Erie county,  an  indus-
    54  trial scale research and development facility in Clinton county, upstate
    55  revitalization initiative projects, downstate revitalization initiative,
    56  market  New York projects, fairground buildings, equipment or facilities

        S. 8306--C                         191                        A. 8806--C
 
     1  used to house and promote agriculture, the state fair, the empire  state
     2  trail,  the moynihan station development project, the Kingsbridge armory
     3  project, strategic economic development projects, the cultural, arts and
     4  public  spaces fund, water infrastructure in the city of Auburn and town
     5  of Owasco, a life sciences laboratory public health initiative, not-for-
     6  profit pounds, shelters and humane societies, arts and cultural  facili-
     7  ties  improvement  program,  restore  New York's communities initiative,
     8  heavy  equipment,  economic  development  and  infrastructure  projects,
     9  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    10  regional projects, Pennsylvania  station  and  other  transit  projects,
    11  athletic facilities for professional football in Orchard Park, New York,
    12  Rush  - NY, New York AI Consortium, New York Creates UEV Tool, and other
    13  state costs associated with such projects the director of the budget  is
    14  hereby  authorized  to enter into one or more service contracts with the
    15  dormitory authority and the corporation,  none  of  which  shall  exceed
    16  thirty years in duration, upon such terms and conditions as the director
    17  of  the budget and the dormitory authority and the corporation agree, so
    18  as to annually provide to the dormitory authority and  the  corporation,
    19  in  the  aggregate,  a  sum  not  to exceed the principal, interest, and
    20  related expenses required for such bonds and notes. Any service contract
    21  entered into pursuant to this section shall provide that the  obligation
    22  of  the  state to pay the amount therein provided shall not constitute a
    23  debt of the state within the meaning of any constitutional or  statutory
    24  provision  and  shall  be  deemed executory only to the extent of monies
    25  available and that no liability shall be incurred by  the  state  beyond
    26  the  monies  available for such purpose, subject to annual appropriation
    27  by the legislature. Any such contract or any payments made or to be made
    28  thereunder may be assigned and pledged by the  dormitory  authority  and
    29  the  corporation  as  security for its bonds and notes, as authorized by
    30  this section.
    31    § 44. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
    32  laws  of  2005,  relating to providing for the administration of certain
    33  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
    34  section  36  of part PP of chapter 56 of the laws of 2023, is amended to
    35  read as follows:
    36    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    37  notwithstanding  any  provisions  of  law  to  the contrary, one or more
    38  authorized issuers as defined by section 68-a of the state  finance  law
    39  are  hereby  authorized to issue bonds or notes in one or more series in
    40  an aggregate principal amount not to  exceed  [two  hundred  forty-seven
    41  million  dollars  $247,000,000] two hundred ninety-seven million dollars
    42  $297,000,000, excluding bonds issued to finance one or more debt service
    43  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    44  notes issued to refund or otherwise repay such bonds or notes previously
    45  issued,  for  the  purpose  of  financing  capital  projects  for public
    46  protection facilities in the Division of  Military  and  Naval  Affairs,
    47  debt  service  and  leases;  and to reimburse the state general fund for
    48  disbursements made therefor. Such bonds and  notes  of  such  authorized
    49  issuer  shall  not  be  a  debt of the state, and the state shall not be
    50  liable thereon, nor shall they be payable out of any  funds  other  than
    51  those  appropriated  by  the  state  to  such authorized issuer for debt
    52  service and related expenses pursuant to any service  contract  executed
    53  pursuant  to  subdivision  (b)  of this section and such bonds and notes
    54  shall contain on the face thereof a statement to such effect. Except for
    55  purposes of complying with  the  internal  revenue  code,  any  interest

        S. 8306--C                         192                        A. 8806--C
 
     1  income earned on bond proceeds shall only be used to pay debt service on
     2  such bonds.
     3    §  45.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
     4  laws of 1968, constituting the New York state urban  development  corpo-
     5  ration  act,  as  amended  by section 43 of part PP of chapter 56 of the
     6  laws of 2023, is amended to read as follows:
     7    1. Notwithstanding the provisions of any other law  to  the  contrary,
     8  the dormitory authority and the urban development corporation are hereby
     9  authorized to issue bonds or notes in one or more series for the purpose
    10  of  funding project costs undertaken by or on behalf of the state educa-
    11  tion department, special act school districts,  state-supported  schools
    12  for  the  blind  and  deaf,  approved private special education schools,
    13  non-public schools, community centers, day care facilities,  residential
    14  camps, day camps, Native American Indian Nation schools, and other state
    15  costs  associated  with  such capital projects.  The aggregate principal
    16  amount of bonds authorized to be issued pursuant to this  section  shall
    17  not  exceed  [three hundred twenty-one million seven hundred ninety-nine
    18  thousand dollars $321,799,000] three hundred  ninety-six  million  eight
    19  hundred  ninety-eight  thousand  dollars  $396,898,000,  excluding bonds
    20  issued to fund one or more debt service reserve funds, to pay  costs  of
    21  issuance of such bonds, and bonds or notes issued to refund or otherwise
    22  repay such bonds or notes previously issued. Such bonds and notes of the
    23  dormitory authority and the urban development corporation shall not be a
    24  debt  of the state, and the state shall not be liable thereon, nor shall
    25  they be payable out of any funds other than those  appropriated  by  the
    26  state  to  the dormitory authority and the urban development corporation
    27  for principal, interest, and related  expenses  pursuant  to  a  service
    28  contract  and  such  bonds and notes shall contain on the face thereof a
    29  statement to such effect. Except for  purposes  of  complying  with  the
    30  internal revenue code, any interest income earned on bond proceeds shall
    31  only be used to pay debt service on such bonds.
    32    §  46.  Subdivision 1 of section 1680-k of the public authorities law,
    33  as amended by section 47 of part PP of chapter 56 of the laws  of  2023,
    34  is amended to read as follows:
    35    1.  Subject to the provisions of chapter fifty-nine of the laws of two
    36  thousand, but notwithstanding any provisions of law to the contrary, the
    37  dormitory authority is hereby authorized to issue bonds or notes in  one
    38  or  more  series  in  an aggregate principal amount not to exceed [forty
    39  million nine hundred forty-five thousand dollars $40,945,000]  forty-one
    40  million  sixty  thousand  dollars $41,060,000, excluding bonds issued to
    41  finance one or more debt service reserve funds, to pay costs of issuance
    42  of such bonds, and bonds or notes issued to refund  or  otherwise  repay
    43  such  bonds or notes previously issued, for the purpose of financing the
    44  construction of the New York state agriculture and markets food  labora-
    45  tory. Eligible project costs may include, but not be limited to the cost
    46  of design, financing, site investigations, site acquisition and prepara-
    47  tion, demolition, construction, rehabilitation, acquisition of machinery
    48  and equipment, and infrastructure improvements.  Such bonds and notes of
    49  such  authorized issuers shall not be a debt of the state, and the state
    50  shall not be liable thereon, nor shall they be payable out of any  funds
    51  other  than  those  appropriated by the state to such authorized issuers
    52  for debt service and related expenses pursuant to any  service  contract
    53  executed  pursuant to subdivision two of this section and such bonds and
    54  notes shall contain on the face thereof  a  statement  to  such  effect.
    55  Except  for  purposes  of  complying with the internal revenue code, any

        S. 8306--C                         193                        A. 8806--C
 
     1  interest income earned on bond proceeds shall only be used to  pay  debt
     2  service on such bonds.
     3    §  47.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
     4  (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
     5  ter 63 of the laws of 2005, relating to the composition and responsibil-
     6  ities  of  the  New  York  state higher education capital matching grant
     7  board, as amended by section 48 of part PP of chapter 56 of the laws  of
     8  2023, are amended to read as follows:
     9    (b)  Within amounts appropriated therefor, the board is hereby author-
    10  ized and directed to  award  matching  capital  grants  totaling  [three
    11  hundred  eighty-five million dollars, $385,000,000] four hundred twenty-
    12  five million dollars $425,000,000. Each college shall be eligible for  a
    13  grant  award amount as determined by the calculations pursuant to subdi-
    14  vision five of this section. In addition, such colleges shall be  eligi-
    15  ble  to compete for additional funds pursuant to paragraph (h) of subdi-
    16  vision four of this section.
    17    (B) The dormitory authority shall not issue any bonds or notes  in  an
    18  amount   in  excess  of  [three  hundred  eighty-five  million  dollars,
    19  $385,000,000] four hundred twenty-five million dollars $425,000,000  for
    20  the  purposes  of  this section; excluding bonds or notes issued to fund
    21  one or more debt service reserve funds, to pay costs of issuance of such
    22  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    23  or notes previously issued. Except for purposes of  complying  with  the
    24  internal  revenue code, any interest on bond proceeds shall only be used
    25  to pay debt service on such bonds.
    26    § 48. Paragraph a of subdivision 1 of section  9-a  of  section  1  of
    27  chapter 392 of the laws of 1973, constituting the New York state medical
    28  care  facilities  finance  agency  act, as amended by chapter 479 of the
    29  laws of  2022, is amended to read as follows:
    30    a. "Mental health services facility" shall mean  a  building,  a  unit
    31  within  a  building, a laboratory, a classroom, a housing unit, a dining
    32  hall, an activities center, a library, real  property  of  any  kind  or
    33  description,  or any structure on or improvement to real property of any
    34  kind or description, including fixtures and equipment which may  or  may
    35  not  be  an  integral  part  of  any  such  building, unit, structure or
    36  improvement, a walkway, a roadway or a parking lot, and improvements and
    37  connections for water, sewer, gas, electrical, telephone,  heating,  air
    38  conditioning  and other utility services, or a combination of any of the
    39  foregoing, whether for patient care and treatment or staff, staff family
    40  or service use, located at or related to  any  psychiatric  center,  any
    41  developmental  center, or any state psychiatric or research institute or
    42  other facility now or hereafter established under the  state  department
    43  of mental hygiene. A mental health services facility shall also mean and
    44  include  a  residential care center for adults, a community residence, a
    45  "community mental health and developmental disabilities facility", and a
    46  state or voluntary operated treatment facility for use in the conduct of
    47  an alcoholism or substance abuse treatment program  as  defined  in  the
    48  mental  hygiene  law,  unless  such  residential care center for adults,
    49  community mental health and developmental disabilities facility or alco-
    50  holism or substance abuse facility is expressly excepted or the  context
    51  clearly requires otherwise. The definition contained in this subdivision
    52  shall  not  be construed to exclude therefrom a facility, whether or not
    53  owned or leased by a voluntary agency, to be made available under lease,
    54  or sublease, from the facilities development corporation to a  voluntary
    55  agency  at the request of the commissioners of the offices and directors
    56  of the divisions of the department of mental hygiene having jurisdiction

        S. 8306--C                         194                        A. 8806--C
 
     1  thereof for use in providing services in a residential care  center  for
     2  adults, community mental health and developmental disabilities services,
     3  or  for use in the conduct of an alcoholism or substance abuse treatment
     4  program.  For  purposes  of this section mental health services facility
     5  shall also mean mental hygiene facility as defined in subdivision ten of
     6  section three of the facilities development corporation  act  and  shall
     7  also  include  facilities  for:  (i) comprehensive psychiatric emergency
     8  programs  and/or  psychiatric  inpatient  programs  or   other   similar
     9  programs, including but not limited to residential treatment facilities,
    10  under  the auspice of municipalities and other public and not-for-profit
    11  agencies, licensed pursuant to article thirty-one of the mental  hygiene
    12  law  and/or  article  twenty-eight  of  the  public health law; and (ii)
    13  licensed or unlicensed permanent, transitional, or emergency housing for
    14  mentally ill persons under  the  auspice  of  municipalities  and  other
    15  public  and not-for-profit agencies, approved by the commissioner of the
    16  office of mental health, pursuant to article  forty-one  of  the  mental
    17  hygiene law.
    18    §  49.  Notwithstanding  any  law  to the contrary, the comptroller is
    19  hereby authorized and directed to transfer, upon request of the director
    20  of the budget, on or before March 31, 2025 the  following  amounts  from
    21  the following special revenue accounts or enterprise funds to the gener-
    22  al  fund,  for the  purposes of offsetting principal and interest costs,
    23  incurred by the state pursuant to section 386-a of the  public  authori-
    24  ties  law,  provided  that the annual amount of the transfer shall be no
    25  more than the principal and interest that would have otherwise been  due
    26  to  the power authority of the state of New York, from any state agency,
    27  in a given state fiscal year.   Amounts pertaining  to  special  revenue
    28  accounts  assigned  to the state university of New York shall be consid-
    29  ered interchangeable between the designated special revenue accounts  as
    30  to meet the requirements of this section and section 386-a of the public
    31  authorities law:
    32    1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
    33  university general income reimbursable account (22653).
    34    2. $5,000,000 from  state  university  dormitory  income  fund,  state
    35  university dormitory income fund (40350).
    36    3. $5,000,000 from the enterprise fund, city university senior college
    37  operating fund (60851).
    38    §  50. Subdivision 6-a of section 2 of the state finance law, as added
    39  by chapter 837 of the laws of 1983, is amended to read as follows:
    40    6-a. "Fixed assets". (i) Assets of  a  long-term,  tangible  character
    41  which  are intended to continue to be held or used, such as land, build-
    42  ings, improvements, machinery,  and  equipment,  and  (ii)  assets  that
    43  provide a long-term interest in land, including conservation easements.
    44    §  51. Subdivision 2 of section 2976 of the public authorities law, as
    45  amended by section 1 of part FF of chapter 59 of the laws  of  2009,  is
    46  amended to read as follows:
    47    2. The bond issuance charge shall be computed by multiplying the prin-
    48  cipal amount of bonds issued by the percentage set forth in the schedule
    49  below,  provided that: (a) the charge applicable to the principal amount
    50  of single family mortgage revenue bonds shall be seven one-hundredths of
    51  one percent; (b) the issuance of bonds shall not include the remarketing
    52  of bonds; and (c) the issuance of bonds shall not include the  [current]
    53  refunding  of  [short term] bonds, notes or other obligations [for which
    54  the bond issuance  charge  provided  by  this  section  has  been  paid,
    55  provided that such current refunding (i) occurs within one year from the
    56  issuance  of  the  refunded  obligations,  or  (ii) is part of a program

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     1  created by a single indenture or bond resolution that provides  for  the
     2  periodic issuance and refunding of short term obligations].
     3                                  SCHEDULE
     4  Principal Amount of Bonds Issued             Percentage Charge
     5  a. [$1,000,000] $20,000,000 or less              [.168%] 0%
     6  b. [$1,000,001 to $5,000,000                     .336%
     7  c. $5,000,001 to $10,000,000                     .504%
     8  d. $10,000,001 to $20,000,000                    .672%
     9  e.] More than $20,000,000                        [.84%] .35%
    10    § 52. Subdivision 5 of section 68-b of the state finance law, as added
    11  by section 2 of part I of chapter 383 of the laws of 2001, is amended to
    12  read as follows:
    13    5.  The authorized issuers, subject to such agreements with holders of
    14  revenue bonds as may then exist, or with the providers of any applicable
    15  bond or note or other financial or agreement facility, shall have  power
    16  out  of  any  funds  available therefor to purchase revenue bonds of the
    17  authorized issuers, which may or may not thereupon  be  canceled,  at  a
    18  price not exceeding:
    19    (a)  if  the  revenue  bonds are then redeemable, the redemption price
    20  then applicable, including any accrued interest; or
    21    (b) if the revenue bonds are not then redeemable, the redemption price
    22  and accrued interest applicable on the first date  after  such  purchase
    23  upon which the revenue bonds become subject to redemption; or
    24    (c) whether or not the revenue bonds are then redeemable, at a redemp-
    25  tion  price  that provides present value savings to the state, as certi-
    26  fied in writing by an independent financial advisor.
    27    No later than seven days after a redemption pursuant to paragraph  (c)
    28  of this subdivision, the director of the budget shall provide such writ-
    29  ten  certification  to the chair of the senate finance committee and the
    30  chair of the assembly ways and means committee.
    31    § 53. Subdivision 5 of section 69-n of the state finance law, as added
    32  by section 58 of part HH of chapter 57 of the laws of 2013,  is  amended
    33  to read as follows:
    34    5.  The authorized issuers, subject to such agreements with holders of
    35  revenue bonds as may then exist, or with the providers of any applicable
    36  bond or note or other financial or agreement facility, shall have  power
    37  out  of  any  funds  available therefor to purchase revenue bonds of the
    38  authorized issuers, which may or may not thereupon  be  canceled,  at  a
    39  price not exceeding:
    40    (a)  If  the  revenue  bonds are then redeemable, the redemption price
    41  then applicable, including any accrued interest; or
    42    (b) If the revenue bonds are not then redeemable, the redemption price
    43  and accrued interest applicable on the first date  after  such  purchase
    44  upon which the revenue bonds become subject to redemption; or
    45    (c) Whether or not the revenue bonds are then redeemable, at a redemp-
    46  tion  price  that provides present value savings to the state, as certi-
    47  fied in writing by an independent financial advisor.
    48    No later than seven days after a redemption pursuant to paragraph  (c)
    49  of this subdivision, the director of the budget shall provide such writ-
    50  ten  certification  to the chair of the senate finance committee and the
    51  chair of the assembly ways and means committee.
    52    § 54. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
    53  chapter  174  of  the laws of 1968 constituting the New York state urban
    54  development corporation act, as amended by section  49  of  part  PP  of
    55  chapter 56 of the laws of 2023, is amended to read as follows:

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     1    (b)  Notwithstanding  any  other  provision  of  law  to the contrary,
     2  including, specifically, the provisions of chapter 59  of  the  laws  of
     3  2000  and  section sixty-seven-b of the state finance law, the dormitory
     4  authority of the state of  New  York  and  the  corporation  are  hereby
     5  authorized  to issue personal income tax revenue anticipation notes with
     6  a maturity no later than March 31, [2024] 2025, in one or more series in
     7  an aggregate principal amount for each fiscal year not to  exceed  three
     8  billion  dollars,  and  to  pay costs of issuance of such notes, for the
     9  purpose of temporarily financing budgetary  needs  of  the  state.  Such
    10  purpose  shall constitute an authorized purpose under subdivision two of
    11  section sixty-eight-a of the state finance law for all purposes of arti-
    12  cle five-C of the state finance law with respect to the notes authorized
    13  by this  paragraph.  Such  notes  shall  not  be  renewed,  extended  or
    14  refunded. For so long as any notes authorized by this paragraph shall be
    15  outstanding, the restrictions, limitations and requirements contained in
    16  article five-B of the state finance law shall not apply.
    17    § 55. Subdivision 1 of section 386-a of the public authorities law, as
    18  amended  by  section 54 of part PP of chapter 56 of the laws of 2023, is
    19  amended to read as follows:
    20    1. Notwithstanding any other provision of law  to  the  contrary,  the
    21  authority, the dormitory authority and the urban development corporation
    22  are  hereby authorized to issue bonds or notes in one or more series for
    23  the purpose of assisting the metropolitan  transportation  authority  in
    24  the  financing  of  transportation  facilities as defined in subdivision
    25  seventeen of section twelve hundred sixty-one of this chapter  or  other
    26  capital  projects. The aggregate principal amount of bonds authorized to
    27  be issued pursuant to this section shall not exceed twelve billion  five
    28  hundred   fifteen  million  eight  hundred  fifty-six  thousand  dollars
    29  $12,515,856,000, excluding bonds issued to fund one or more debt service
    30  reserve funds, to pay costs of issuance of such bonds, and to refund  or
    31  otherwise  repay  such  bonds or notes previously issued. Such bonds and
    32  notes of the authority, the dormitory authority and the  urban  develop-
    33  ment  corporation  shall not be a debt of the state, and the state shall
    34  not be liable thereon, nor shall they be payable out of any funds  other
    35  than  those  appropriated  by  the state to the authority, the dormitory
    36  authority and the urban development corporation for principal, interest,
    37  and related expenses pursuant to a service contract and such  bonds  and
    38  notes  shall  contain  on  the  face thereof a statement to such effect.
    39  Except for purposes of complying with the  internal  revenue  code,  any
    40  interest  income  earned on bond proceeds shall only be used to pay debt
    41  service on such bonds. Notwithstanding any other provision of law to the
    42  contrary, including the limitations contained  in  subdivision  four  of
    43  section  sixty-seven-b of the state finance law, (A) any bonds and notes
    44  issued prior to April first,  two  thousand  [twenty-four]  twenty-seven
    45  pursuant  to this section may be issued with a maximum maturity of fifty
    46  years, and (B) any bonds issued to refund such bonds and  notes  may  be
    47  issued  with  a maximum maturity of fifty years from the respective date
    48  of original issuance of such bonds and notes.
    49    § 56. This act shall take effect immediately and shall  be  deemed  to
    50  have been in full force and effect on and after April 1, 2024; provided,
    51  however,  that  the  provisions of sections one, two, three, four, five,
    52  six, seven, eight,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,
    53  nineteen,  twenty, twenty-one, twenty-two, twenty-three, and twenty-four
    54  of this act shall expire March 31, 2025;  and  provided,  further,  that
    55  sections  twenty-five  and twenty-six of this act shall expire March 31,

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     1  2027, when upon such dates the provisions  of  such  sections  shall  be
     2  deemed repealed.
 
     3                                   PART YY
 
     4    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
     5  legislative  law and the state finance law relating to the operation and
     6  administration of the legislature, as amended by section 1 of part DD of
     7  chapter 55 of the laws of 2023, is amended to read as follows:
     8    §  13.  This  act shall take effect immediately and shall be deemed to
     9  have been in full force and effect as of April 1, 1994,  provided  that,
    10  the  provisions  of  section  5-a  of  the legislative law as amended by
    11  sections two and two-a of this act shall take effect on January 1, 1995,
    12  and provided further that, the provisions of article 5-A of the legisla-
    13  tive law as added by section eight of this act  shall  expire  June  30,
    14  [2024]  2025 when upon such date the provisions of such article shall be
    15  deemed repealed; and provided further that section twelve  of  this  act
    16  shall be deemed to have been in full force and effect on and after April
    17  10, 1994.
    18    § 2. This act shall not supersede the findings and determinations made
    19  by  the  compensation  committee  as  authorized pursuant to part HHH of
    20  chapter 59 of the laws of 2018 unless a court of competent  jurisdiction
    21  determines  that  such findings and determinations are invalid or other-
    22  wise not applicable or in force.
    23    § 3. This act shall take effect  immediately,  provided,  however,  if
    24  this  act shall take effect on or after June 30, 2024, this act shall be
    25  deemed to have been in full force and effect on and after June 30, 2024.
 
    26                                   PART ZZ
 
    27    Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
    28  2590-b of the education law is amended by adding a  new  clause  (D)  to
    29  read as follows:
    30    (D)  Commencing  on July first, two thousand twenty-four, the board of
    31  education shall consist of twenty-four voting members: one member to  be
    32  appointed  by  each  borough  president  of  the  city of New York; five
    33  members, one from each borough of the city of New York, to be elected by
    34  community district education council presidents; one independent  member
    35  who  shall  serve  as  chair  of  the board and who shall be selected as
    36  established in  subparagraph  three  of  this  paragraph;  and  thirteen
    37  members  to  be  appointed  by  the  mayor  of the city of New York. The
    38  initial term of the chair selected pursuant  to  subparagraph  three  of
    39  this paragraph shall commence on September fifteenth, two thousand twen-
    40  ty-four and shall end on September fourteenth, two thousand twenty-five;
    41  thereafter  the  chair  shall  serve  for  a one-year term commencing on
    42  September fifteenth. The chancellor shall continue  regulations  promul-
    43  gated  under  clause (C) of this subparagraph establishing a process for
    44  community district education council presidents to elect members of  the
    45  board,  and processes for removal of such members and for the filling of
    46  such positions in the event of a vacancy. Appointed members and  members
    47  elected  by  community district education council presidents pursuant to
    48  clause (C) of this subparagraph and commencing a term on July first, two
    49  thousand twenty-four shall serve a term that ends on June thirtieth, two
    50  thousand twenty-five.   Thereafter, appointed members  and  the  members
    51  elected  by  community district education council presidents shall serve
    52  for a one-year term commencing on July first.

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     1    § 2. Subparagraph 3 of paragraph  (a)  of  subdivision  1  of  section
     2  2590-b  of  the  education law, as amended by chapter 364 of the laws of
     3  2022, is amended to read as follows:
     4    (3)  The  [city  board]  independent  member  who shall [elect its own
     5  chairperson from among its voting members] serve as chair of  the  board
     6  shall  be selected by the mayor of the city of New York from among three
     7  qualified candidates, one nominated by the speaker of the assembly,  one
     8  nominated by the majority leader of the senate, and one nominated by the
     9  chancellor of the board of regents. If the mayor of the city of New York
    10  shall  not  accept  any  of  the  three candidates, up to two additional
    11  groups of three will be submitted to the mayor of the city of  New  York
    12  for  consideration.  The  mayor  of  the  city of New York must select a
    13  candidate from among the nominees no later than September  fifteenth  of
    14  each  year.  An individual selected to serve as chair may be reappointed
    15  by the mayor of the city of New York to  serve  an  additional  one-year
    16  term, provided such reappointment will be made on or before June thirti-
    17  eth  of  each year, and provided further that no individual may serve as
    18  chair for more than two terms consecutively. If the  individual  serving
    19  as  chair  is  not  reappointed by the mayor of the city of New York, is
    20  term limited pursuant to this subparagraph, or the role of chair becomes
    21  vacant for any reason, the selection of a new member to serve  as  chair
    22  will  be  completed  through the process as established in this subpara-
    23  graph.
    24    § 3. Subparagraph 2 of paragraph c of subdivision 8 of section  2590-c
    25  of  the education law, as amended by section 43-c of part YYY of chapter
    26  59 of the laws of 2019, is amended to read as follows:
    27    (2) after reviewing the recommendations of the task force described in
    28  subdivision nine of this section, develop election procedures for commu-
    29  nity council members which  shall  attempt  to  ensure  membership  that
    30  reflects  a  representative  cross-section of the communities within the
    31  school district and diversity of the student population including  those
    32  with  particular  educational  needs, shall include consideration of the
    33  enrollment figures within each  community  district  and  the  potential
    34  disparity  of such enrollment from school to school within the district,
    35  and shall ensure that, to the extent possible, a school may have no more
    36  than one parent representative on the community council.  Such  measures
    37  shall  ensure  that  at  least  one position on the community council is
    38  filled by a parent of a current student who is or has been at  any  time
    39  an  English  language  learner, and at least one position is filled by a
    40  parent of a student who has or has at any  time  had  an  individualized
    41  education  program, and shall allow for the seven remaining positions to
    42  be filled by parents who are otherwise eligible.   Such election  proce-
    43  dures shall ensure that no candidate is elected by a margin of less than
    44  one vote.
    45    §  4.  Paragraph b of subdivision 5-a of section 2576 of the education
    46  law, as added by chapter 91 of the laws of 2002, is amended  and  a  new
    47  paragraph c is added to read as follows:
    48    b.  The  city  amount  in  a budget adopted by the council pursuant to
    49  section two hundred fifty-four of the New York city charter shall not be
    50  less than the city amount appropriated in the base year as determined at
    51  the time of adoption of the budget for the ensuing fiscal year and shall
    52  be consistent with the requirements of the  certification  described  in
    53  subdivision  six  of  section  two  hundred  eleven-d  of  this chapter.
    54  Provided, however, in the event the total amount of  city  funds  relied
    55  upon to balance such budget is lower than the total amount of city funds
    56  appropriated  in  the  base  year, determined at the time of adoption of

        S. 8306--C                         199                        A. 8806--C
 
     1  such budget pursuant to a process developed by the department in consul-
     2  tation with the city of New York and the labor organization representing
     3  teachers that identifies a methodology for the allocation  of  appropri-
     4  ations  between  fiscal years and prescribes a form upon the approval of
     5  the director of budget for the certifications required by this  subdivi-
     6  sion, the city amount may be reduced by up to the same percentage as the
     7  overall  percentage decrease in city funds between the base year and the
     8  ensuing fiscal year.  Before such budget may be  certified  pursuant  to
     9  section two hundred fifty-six of the New York city charter, the mayor of
    10  the  city  of  New  York  and an independent certified public accountant
    11  shall certify to the commissioner, in a form prescribed by  the  commis-
    12  sioner upon the approval of the director of budget, that the city amount
    13  appropriated  in  such  budget is (i) in compliance with this paragraph;
    14  (ii) consistent with the requirements of subdivision six of section  two
    15  hundred  eleven-d  of this chapter; and (iii) sufficient to ensure indi-
    16  vidual schools can meet the class size compliance targets set  forth  in
    17  subdivision  two  of  section two hundred eleven-d of this chapter. If a
    18  budget is adopted pursuant to section two hundred fifty-four of the  New
    19  York city charter or certified pursuant to section two hundred fifty-six
    20  of  such  charter in violation of this paragraph, the council shall have
    21  sixty days to adopt a budget compliant with this paragraph and have such
    22  budget certified in accordance with the provisions  of  this  paragraph.
    23  Should  the  budget  not be adopted and certified within sixty days, the
    24  amount by which the budget is non-compliant shall be withheld  from  the
    25  foundation  aid  allotment until such time as the budget is certified as
    26  compliant with this paragraph.
    27    c. Actual budget expenditures shall be certified in October  following
    28  the  close  of  the fiscal year to ensure compliance with paragraph b of
    29  this subdivision. If the budget  expenditures  are  not  compliant  with
    30  paragraph  b  of this subdivision, the council will appropriate funds in
    31  the amount of the discrepancy as  part  of  the  November  modification,
    32  pursuant  to  subdivision b of section one hundred seven of the New York
    33  city charter.
    34    § 5. Subdivision 6 of section 211-d of the education law, as added  by
    35  section  12  of  part A of chapter 57 of the laws of 2007, is amended to
    36  read as follows:
    37    6. [The] (a) Increases in total foundation aid and supplemental educa-
    38  tional improvement plan grants shall be  used  to  supplement,  and  not
    39  supplant  funds  allocated  by  the  district  in  the base year for all
    40  purposes set forth in subdivision three of this section. In  a  city  of
    41  one  million  or more, the city school district will provide the collec-
    42  tive bargaining unit for teachers with the list of budget codes in which
    43  funding provided under this section is utilized for a budget that  would
    44  begin  July first, two thousand twenty-five and after.  Except in a city
    45  of one million or more, the school district audit  report  certified  to
    46  the  commissioner by an independent certified public accountant[,] or an
    47  independent accountant [or the comptroller of  the  city  of  New  York]
    48  pursuant  to  section twenty-one hundred sixteen-a of this chapter shall
    49  include a certification by such accountant [or comptroller]  in  a  form
    50  prescribed  by the commissioner [and that the increases in total founda-
    51  tion aid and supplemental educational improvement plan grants have  been
    52  used  to supplement, and not supplant funds allocated by the district in
    53  the base year for such purposes] of compliance with the  first  sentence
    54  of this subdivision.
    55    (b)  Within  ten days of adoption of a budget by the city of New York,
    56  an independent certified public accountant, or an independent accountant

        S. 8306--C                         200                        A. 8806--C
 
     1  or the comptroller of such city shall certify in a  form  prescribed  by
     2  the  commissioner  that  (i)  an audit by such office has confirmed that
     3  increases in total foundation aid and supplemental improvement grants in
     4  the  base year were used to supplement, and not supplant funds allocated
     5  by the district in the previous year and (ii)  in  the  adopted  budget,
     6  increases  in  total  foundation aid and supplemental improvement grants
     7  supplement, not supplant funds allocated by the  district  in  the  base
     8  year for such purposes.
     9    Upon a determination that either (i) increases in total foundation aid
    10  and  supplemental  improvement  grants  in  the  base  year were used to
    11  supplant funds allocated by the district, or  (ii)  increases  in  total
    12  foundation  aid and supplemental improvement grants as appropriated will
    13  supplant funds allocated by the district in the base year, the  district
    14  shall  be  ordered  to restore funds in such amounts as to eliminate the
    15  violation.
    16    § 6. Section 34 of chapter 91 of the laws of 2002, amending the educa-
    17  tion law and other laws relating to reorganization of the New York  city
    18  school  construction authority, board of education and community boards,
    19  as amended by chapter 364 of the laws of 2022, is  amended  to  read  as
    20  follows:
    21    § 34. This act shall take effect July 1, 2002; provided, that sections
    22  one  through  twenty, twenty-four, and twenty-six through thirty of this
    23  act shall expire and be deemed repealed June 30, [2024]  2026  provided,
    24  further  that  subdivision  5-a of section 2576 of the education law, as
    25  added by section five of this  act,  shall  not  expire  therewith,  and
    26  provided,  further,  that  notwithstanding any provision of article 5 of
    27  the general construction law, on June 30, [2024] 2026 the provisions  of
    28  subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14,
    29  paragraphs  b, d, and e of subdivision 15, and subdivisions 17 and 21 of
    30  section 2554 of the education law as repealed by section three  of  this
    31  act, subdivision 1 of section 2590-b of the education law as repealed by
    32  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
    33  2590-b of the education law as repealed by section seven  of  this  act,
    34  section 2590-c of the education law as repealed by section eight of this
    35  act, paragraph c of subdivision 2 of section 2590-d of the education law
    36  as  repealed by section twenty-six of this act, subdivision 1 of section
    37  2590-e of the education law as repealed by section twenty-seven of  this
    38  act,  subdivision  28 of section 2590-h of the education law as repealed
    39  by section twenty-eight of this act, subdivision 30 of section 2590-h of
    40  the education law as repealed by section twenty-nine of this act, subdi-
    41  vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
    42  section  thirty  of  this  act  shall  be  revived  and  be read as such
    43  provisions existed in law on the date immediately preceding  the  effec-
    44  tive  date of this act; provided, however, that sections seven and eight
    45  of this act shall take effect on November  30,  2003;  provided  further
    46  that  the  amendments to subdivision 25 of section 2554 of the education
    47  law made by section two of this act shall be subject to  the  expiration
    48  and  reversion of such subdivision pursuant to section 12 of chapter 147
    49  of the laws of 2001, as amended, when upon such date the  provisions  of
    50  section four of this act shall take effect.
    51    §  7. Subdivision 12 of section 17 of chapter 345 of the laws of 2009,
    52  amending the education law and other laws relating to the New York  city
    53  board  of education, chancellor, community councils and community super-
    54  intendents, as amended by chapter 364 of the laws of 2022, is amended to
    55  read as follows:

        S. 8306--C                         201                        A. 8806--C
 
     1    12. any provision in sections one, two, three, four, five, six, seven,
     2  eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
     3  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
     4  section  17 of chapter 123 of the laws of 2003, as amended, shall expire
     5  and be deemed repealed June 30, [2024] 2026.
     6    §  8.  This act shall take effect immediately; provided, however, that
     7  the amendments to section 2590-b of the education law made  by  sections
     8  one  and  two  of  this act, and the amendments to section 2590-c of the
     9  education law made by section three of this act, shall  not  affect  the
    10  expiration  of  such  sections  and  shall expire and be deemed repealed
    11  therewith.
 
    12                                  PART AAA

    13    Section 1. Short title. This act shall be known and may  be  cited  as
    14  the "newspaper and broadcast media jobs program".
    15    §  2.  The economic development law is amended by adding a new article
    16  27 to read as follows:
    17                                 ARTICLE 27
    18                 NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM
    19  Section 490. Short title.
    20          491. Statement of legislative findings and declaration.
    21          492. Definitions.
    22          493. Eligibility criteria.
    23          494. Application and approval process.
    24          495. Newspaper and broadcast media jobs tax credit.
    25          496. Powers and duties of the commissioner.
    26    § 490. Short title. This article shall be known and may  be  cited  as
    27  the "newspaper and broadcast media jobs program".
    28    § 491. Statement of legislative findings and declaration. It is hereby
    29  found  and  declared  that  New  York state needs, as a matter of public
    30  policy, to provide financial support and incentives for businesses which
    31  operate as newspaper and broadcast media, to sustain  a  productive  and
    32  effective industry.
    33    § 492. Definitions. For the purposes of this article:
    34    1.  "Average  full-time  employment"  shall mean the average number of
    35  full-time positions employed by a business entity in an eligible  indus-
    36  try during a given period.
    37    2.  "Average starting full-time employment" shall be calculated as the
    38  average number of full-time positions employed by a business  entity  in
    39  an  eligible industry during a timeframe to be determined by the depart-
    40  ment of economic development.
    41    3. "Average ending full-time employment" shall be  calculated  as  the
    42  average  number  of full-time positions employed by a business entity in
    43  an eligible industry during a timeframe to be determined by the  depart-
    44  ment of economic development.
    45    4. "Certificate of tax credit" means the document issued to a business
    46  entity  by  the  department  after  the department has verified that the
    47  business entity has met all  applicable  eligibility  criteria  in  this
    48  article. The certificate shall specify the exact amount of the tax cred-
    49  it  under  this  article  that  a business entity may claim, pursuant to
    50  section four hundred ninety-five and section four hundred ninety-six  of
    51  this article.
    52    5. "Commissioner" shall mean commissioner of economic development.
    53    6. "Department" shall mean the department of economic development.

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     1    7.  "Eligible  business"  shall  mean a print media or broadcast media
     2  business operating within an eligible industry, which also carries media
     3  liability insurance.
     4    8.  "Eligible employee" shall mean an employee working full-time at an
     5  eligible business, as determined by the department.
     6    9. "Eligible industry" means a business entity operating predominantly
     7  in the newspaper publishing sector or the  broadcast  media  sector,  as
     8  determined by the department.
     9    10.  "Net  employee  increase" means an increase of at least one full-
    10  time employee between the average starting full-time employment and  the
    11  average  ending full-time employment of a business entity, as defined by
    12  the department.
    13    11. "Newspaper and broadcast media jobs tax credit" shall mean  a  tax
    14  credit  which  shall  provide  a credit to eligible businesses operating
    15  within eligible industries. The newspaper and broadcast media  jobs  tax
    16  credit  shall have two components. The newspaper and broadcast media new
    17  job creation component shall allow a credit of five-thousand dollars per
    18  net new job created at eligible  businesses  operating  within  eligible
    19  industries.  The  newspaper  and broadcast media existing jobs component
    20  shall allow a tax credit available  to  support  the  costs  related  to
    21  retention  of  existing  jobs  at  eligible  businesses operating within
    22  eligible industries.
    23    12. (a)"Broadcast media business" means any broadcast station which:
    24    (i) has been broadcasting for at least one year prior to the tax  year
    25  for which it is applying for a credit;
    26    (ii) owns or operates a broadcast station, as defined by section three
    27  of the federal communications act of 1934; and
    28    (iii)  discloses its ownership to the public at such times and in such
    29  manner as identified by the commissioner.
    30    (b) For purposes of this paragraph each FCC licensed broadcast station
    31  serving a separate market shall be treated as a separate broadcast media
    32  business.
    33    13. "Independently owned" shall mean a business entity  that  is  not:
    34  (a) a publicly traded entity or no more than five percent of the benefi-
    35  cial  ownership  of which is owned, directly or indirectly by a publicly
    36  traded entity; (b) a subsidiary; and (c) any  other  criteria  that  the
    37  department shall determine via regulations to ensure the business is not
    38  controlled by another business entity.
    39    §  493. Eligibility criteria. To be eligible for the tax credit estab-
    40  lished under this section, a business entity must:
    41    1. be an eligible business operating within an eligible industry;
    42    2. be independently owned or, in the case of a print  media  business,
    43  demonstrate  a  reduction  in  circulation or in the number of full-time
    44  equivalent employees of at least twenty percent over the  previous  five
    45  years; and
    46    3. operate predominantly in an eligible industry, and be located with-
    47  in the state of New York. The department, in its regulations promulgated
    48  pursuant to this article, shall have the authority to list certain types
    49  of establishments as ineligible.
    50    §  494.  Application  and  approval process. 1. A business entity must
    51  submit a complete application as prescribed by the commissioner.
    52    2. The commissioner shall establish procedures  and  a  timeframe  for
    53  business  entities  to  submit applications. As part of the application,
    54  each business entity must:
    55    (a) provide evidence in a form and manner prescribed  by  the  commis-
    56  sioner of their business eligibility;

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     1    (b) agree to allow the department of taxation and finance to share the
     2  business entity's tax information with the department;
     3    (c)  agree  to  allow  the  department  of  labor to share its tax and
     4  employer information  with  the  department.  However,  any  information
     5  shared as a result of this program shall not be available for disclosure
     6  or inspection under the state freedom of information law;
     7    (d)  allow  the  department and its agents access to any and all books
     8  and records the department may require to monitor compliance; and
     9    (e) agree to  provide  any  additional  information  required  by  the
    10  department relevant to this article.
    11    3. After reviewing a business entity's completed final application and
    12  determining  that  the business entity meets the eligibility criteria as
    13  set forth in this article, the department may  issue  to  that  business
    14  entity  a certificate of tax credit. A business entity may claim the tax
    15  credit.
    16    § 495. Newspaper and broadcast media jobs tax credit.  1.  A  business
    17  entity  that  meets the eligibility requirements of section four hundred
    18  ninety-three of this  article,  and  meets  any  additional  eligibility
    19  criteria  as  articulated  in  regulations  established pursuant to this
    20  section, and demonstrates a net employee increase, may  be  eligible  to
    21  claim  a  credit  equal  to five thousand dollars per each full-time net
    22  employee increase as defined in section four hundred ninety-two of  this
    23  article.  A  business entity, including a partnership, limited liability
    24  company and subchapter S corporation, may not receive in excess of twen-
    25  ty thousand dollars in tax credits under this program.
    26    2. A business  entity  that  meets  the  eligibility  requirements  of
    27  section  four  hundred ninety-three of this article, and meets any addi-
    28  tional eligibility criteria as articulated  in  regulations  established
    29  pursuant  to  this  section,  may be eligible to claim a credit equal to
    30  fifty percent of annual wages of an eligible employee.  The  calculation
    31  of  such  a credit shall only be applied to up to fifty thousand dollars
    32  in wages paid annually per eligible employee. A business entity, includ-
    33  ing a partnership, limited liability company  and  subchapter  S  corpo-
    34  ration,  may  not receive in excess of three hundred thousand dollars in
    35  tax credits under this program.
    36    3. The total amount of tax credits listed on certificates of tax cred-
    37  it issued by the commissioner pursuant to this article  may  not  exceed
    38  thirty  million  dollars  for  each year the credit is available. Within
    39  this amount, the newspaper and broadcast media new job  creation  compo-
    40  nent  of the credit may not exceed four million dollars per year and the
    41  newspaper and broadcast media existing jobs component of the credit  may
    42  not  exceed  twenty-six  million  dollars per year. Fifty percent of the
    43  newspaper and broadcast media existing jobs component  credits  will  be
    44  set-aside  for  eligible  business  entities  with  one hundred or fewer
    45  employees. Fifty percent of the newspaper and broadcast  media  existing
    46  jobs  component credits will be set-aside for eligible business entities
    47  with over one hundred employees. In both instances the cap will be three
    48  hundred thousand dollars under this program.
    49    4. The credit shall be allowed as provided in  section  forty-nine  of
    50  the tax law.
    51    §  496.  Powers  and  duties  of the commissioner. 1. The commissioner
    52  shall promulgate regulations establishing  an  application  process  and
    53  eligibility  criteria, that will be applied consistent with the purposes
    54  of this article, so as not to exceed the annual cap on tax  credits  set
    55  forth  in  section  four  hundred  ninety-five  of  this  article which,

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     1  notwithstanding any provisions to the contrary in the state  administra-
     2  tive procedure act, may be adopted on an emergency basis.
     3    2.  The  commissioner  shall,  in  consultation with the department of
     4  taxation and finance, develop a certificate of tax credit that shall  be
     5  issued  by  the  commissioner  to  eligible businesses. Such certificate
     6  shall contain such information as required by the department of taxation
     7  and finance.
     8    3. The commissioner shall solely  determine  the  eligibility  of  any
     9  applicant applying for entry into the program and shall remove any busi-
    10  ness entity from the program for failing to meet any of the requirements
    11  set  forth  in section four hundred ninety-three of this article, or for
    12  failing to meet the requirements set forth in subdivision one of section
    13  four hundred ninety-four of this article.
    14    § 3. The tax law is amended by adding a new  section  49  to  read  as
    15  follows:
    16    §  49. Newspaper and broadcast media jobs tax credit. (a) Allowance of
    17  credit. A taxpayer subject to tax under article nine-A or twenty-two  of
    18  this chapter shall be allowed a credit against such tax, pursuant to the
    19  provisions  referenced in subdivision (e) of this section. The amount of
    20  the credit is equal to the amount determined pursuant to  article  twen-
    21  ty-seven  of  the economic development law. A taxpayer that is a partner
    22  in a partnership, member of a limited liability company  or  shareholder
    23  in a subchapter S corporation shall be allowed its pro-rata share of the
    24  credit  allowed  for  the  partnership,  limited  liability  company  or
    25  subchapter S corporation. No cost or expense paid or  incurred  that  is
    26  included as part of the calculation of this credit shall be the basis of
    27  any other tax credit allowed under this chapter.
    28    (b)  Eligibility.  To be eligible to claim the newspaper and broadcast
    29  media jobs tax credit the taxpayer shall have been issued a  certificate
    30  of  tax  credit  by  the  department of economic development pursuant to
    31  article twenty-seven of the economic development law, which  certificate
    32  shall  set  forth  the  amount of the credit that may be claimed for the
    33  taxable year. The taxpayer shall be allowed to  claim  only  the  amount
    34  listed on the certificate of tax credit for that taxable year.
    35    (c)  Tax  return requirement. The taxpayer shall be required to attach
    36  to its tax return, in the form prescribed by the commissioner, proof  of
    37  receipt  of  its certificate of tax credit issued by the commissioner of
    38  the department of economic development.
    39    (d) Credit recapture. If a certificate of tax  credit  issued  by  the
    40  department  of  economic  development  under article twenty-seven of the
    41  economic development law is revoked by such department,  the  amount  of
    42  credit  described  in  this section and claimed by the taxpayer prior to
    43  that revocation shall be added back to tax in the taxable year in  which
    44  any such revocation becomes final.
    45    (e)  Cross  references. For application of the credit provided in this
    46  section see the following provisions of this chapter:
    47    (1) article 9-A: section 210-B, subdivision 60.
    48    (2) article 22: section 606, subsection (ppp).
    49    § 4. Section 210-B of the tax law is amended by adding a new  subdivi-
    50  sion 60 to read as follows:
    51    60.  Newspaper  and  broadcast media jobs tax credit. (a) Allowance of
    52  credit.   A taxpayer shall be  allowed  a  credit,  to  be  computed  as
    53  provided  in  section  forty-nine  of  this  chapter,  against the taxes
    54  imposed by this article.
    55    (b) Application of credit. The credit allowed under  this  subdivision
    56  for  the taxable year shall not reduce the tax due for such year to less

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     1  than the amount prescribed  in  paragraph  (d)  of  subdivision  one  of
     2  section two hundred ten of this article. However, if the amount of cred-
     3  it allowable under this subdivision for the taxable year reduces the tax
     4  to  such amount or if the taxpayer otherwise pays tax based on the fixed
     5  dollar minimum amount, any amount of credit thus not deductible in  such
     6  taxable year shall be treated as an overpayment of tax to be credited or
     7  refunded  in  accordance  with  the  provisions  of section one thousand
     8  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
     9  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
    10  notwithstanding, no interest will be paid thereon.
    11    § 5. Section 606 of the tax law is amended by adding a new  subsection
    12  (ppp) to read as follows:
    13    (ppp)  Newspaper and broadcast media jobs tax credit. (1) Allowance of
    14  credit. A taxpayer shall be allowed a credit, to be computed as provided
    15  in section forty-nine of this chapter, against the tax imposed  by  this
    16  article.
    17    (2)  Application  of credit. If the amount of the credit allowed under
    18  this subsection for the taxable year exceeds the taxpayer's tax for such
    19  year, the excess shall be treated as an overpayment of tax to be credit-
    20  ed or refunded in accordance with the provisions of section six  hundred
    21  eighty-six  of this article, provided, however, that no interest will be
    22  paid thereon.
    23    § 6. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    24  of  the  tax  law  is  amended  by  adding  a new clause (li) to read as
    25  follows:
    26    (li) Newspaper and broadcast       Amount of credit under subdivision
    27  media jobs tax credit under          sixty of section two hundred ten-B
    28  subsection (ppp)
    29    § 7. This act shall take effect immediately and  shall  apply  to  tax
    30  years beginning on or after January 1, 2025 and ending before January 1,
    31  2028.
 
    32                                  PART BBB
 
    33    Section  1.  Subsection (c-1) of section 606 of the tax law is amended
    34  by adding a new paragraph 5 to read as follows:
    35    (5) (A) For tax year two thousand twenty-three, the commissioner shall
    36  issue a payment of a supplemental  empire  state  child  credit  in  the
    37  amount  of  (i)  one  hundred  percent  of the empire state child credit
    38  calculated and allowed pursuant to this subsection  to  taxpayers  whose
    39  federal  adjusted  gross income was less than ten thousand dollars; (ii)
    40  seventy-five percent of the empire state  child  credit  calculated  and
    41  allowed  pursuant to this subsection to taxpayers whose federal adjusted
    42  gross income was greater than or equal to ten thousand dollars but  less
    43  than  twenty-five  thousand  dollars;  (iii) fifty percent of the empire
    44  state child credit calculated and allowed pursuant to this subsection to
    45  taxpayers whose federal adjusted gross income was greater than or  equal
    46  to  twenty-five  thousand  dollars but less than fifty thousand dollars;
    47  and (iv) twenty-five percent of the empire state child credit calculated
    48  and allowed pursuant to  this  subsection  to  taxpayers  whose  federal
    49  adjusted  gross  income  was  greater  than  or  equal to fifty thousand
    50  dollars. Provided, however, that no payment shall be  issued  if  it  is
    51  less than twenty-five dollars.
    52    (B)  The  supplemental  payment  pursuant  to  this paragraph shall be
    53  allowed to taxpayers who timely filed returns pursuant  to  section  six

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     1  hundred  fifty-one of this article, determined with regard to extensions
     2  pursuant to section six hundred fifty-seven of this article.
     3    § 2. This act shall take effect immediately.
     4    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of
     6  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     7  impair,  or  invalidate  the remainder thereof, but shall be confined in
     8  its operation to the clause, sentence, paragraph,  subdivision,  section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the  legislature  that  this  act  would  have been enacted even if such
    12  invalid provisions had not been included herein.
    13    § 3. This act shall take effect immediately  provided,  however,  that
    14  the  applicable  effective date of Parts A through BBB of this act shall
    15  be as specifically set forth in the last section of such Parts.
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