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AB3006 Summary:

BILL NOA03006C
 
SAME ASSAME AS UNI. S02506-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year; relates to school contracts for excellence; provides for a pandemic adjustment payment reduction; relates to aidable transportation expenses; relates to funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021; relates to foundation aid; relates to the statewide universal full-day pre-kindergarten program; legalizes, validates, ratifies and confirms certain contracts and projects by the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; provides that the commissioner of education shall not recover any penalties from the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; legalizes, validates, ratifies and confirms certain transportation contracts by the Cold Spring Harbor central school district; relates to certain moneys apportioned in the 2021-2022 school year; relates to the preparation of estimated data for projections of apportionments; relates to approved private schools serving certain students with disabilities, special act school districts and approved preschool special class and special class in an integrated setting programs experiencing enrollment decreases as a result of the state disaster emergency declared pursuant to Executive Order 202 of 2020; authorizes the board of education of a special act school district to establish a fiscal stabilization reserve fund; relates to certain tuition methodology; relates to charter school aid; relates to the calculation of nonpublic school's eligibility to receive aid; relates to reimbursement for a work force education program by the consortium for worker education in New York City for the 2021-2022 school year and withholding a portion of employment preparation education aid; relates to funds for certain employment preparation education programs; relates to the effectiveness of conditional appointment of school district, charter school or BOCES employees; relates to the effectiveness of the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the effectiveness of the implementation of the No Child Left Behind Act of 2001; relates to school bus driver training; relates to special appointment for salary expenses and public pension accruals; relates to amounts of apportionments in relation to Roosevelt union free school district; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relates to the support of public libraries; relates to the New York state mentor teacher-internship program; relates to the gap elimination adjustment percentage; relates to the gap elimination adjustment (Part A); extends provisions of law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities (Part D); extends scholarship program eligibility for certain recipients affected by the COVID-19 pandemic (Part F); relates to excelsior scholarship award amounts (Part G); relates to facilities operated by the office of children and family services (Part H); extends provisions relating to restructuring financing for residential school placements (Part I); makes permanent the consolidation of the youth development and delinquency prevention program and the special delinquency prevention program (Part J); makes permanent the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part K); provides for compliance with the federal family first prevention services act regarding placement of children into residential treatment programs (Part L); utilizes reserves in the mortgage insurance fund for various housing purposes (Part O); increases the standards of monthly need for aged, blind and disabled persons receiving certain care (Part P); provides for a tax check-off for gifts to food banks (Part Q); exempts certain housing projects that entered into regulatory agreements from sales and compensating use taxes (Part U); limits child care expenses for low-income families (Part Z); provides for requirements for construction work and engineering and consulting services performed in connection with the installation of certain renewable energy systems (Part AA); enacts the "COVID-19 emergency rental assistance program of 2021"; defines terms; authorizes the commissioner of the office of temporary and disability assistance to implement emergency rental and utility assistance; provides for distribution, application, documentation and restrictions on evictions; establishes a COVID-19 emergency rental municipal corporation allocation fund; makes related provisions (Subpart A); establishes the utility COVID-19 debt relief credit (Subpart B) (Part BB); prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges (Part CC); relates to tuition assistance award programs and extending the authorization of certain components of the NY-SUNY 2020 challenge grant program (Part DD); excludes certain funding from the determination of the maximum state aid rate for authorized agencies (Part EE); implements section 4 of Division X of the federal consolidated appropriations act of 2021 (Part FF); directs the state to appropriate general fund operating support to cover any increase in tuition credit (Part GG); provides for defense and indemnification of physicians acting on behalf of the state (Part HH); provides criteria for the storage of sexual offense evidence collection kits (Part II); provides supports and services for youth suffering from adverse childhood experiences (Subpart A); (Part JJ); relates to providing for optional electronic service of process (Part KK); enacts the community violence intervention act (Part LL); relates to establishing the comprehensive broadband connectivity act which directs the public service commission to review state broadband and fiber optic services (Part MM); requires every person, business, corporation, or their agents providing or seeking to provide broadband service in New York state to offer high speed broadband service to low-income consumer; defines "broadband service"; authorizes attorney general enforcement; makes related provisions (Part NN); relates to the powers that social services officials have to receive or dispose of a deed, mortgage or lien (Part OO).
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AB3006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2506--C                                            A. 3006--C
 
                SENATE - ASSEMBLY
 
                                    January 20, 2021
                                       ___________
 
        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 school contracts for
          excellence; to amend  the  education  law,  in  relation  to  pandemic
          adjustment  payment reduction; to amend the education law, in relation
          to aidable  transportation  expense;  relating  to  funding  from  the
          elementary and secondary school emergency relief fund allocated by the
          American  rescue  plan  act  of  2021;  to amend the education law, in
          relation to foundation aid; to amend the education law, in relation to
          the statewide universal full-day pre-kindergarten program; legalizing,
          validating, ratifying and confirming certain contracts and projects by
          the Huntington union  free  school  district,  the  Liverpool  central
          school  district,  and the Marlboro central school district; providing
          that the commissioner of education shall  not  recover  any  penalties
          from  the Huntington union free school district, the Liverpool central
          school district, and the Marlboro central school district; legalizing,
          validating, ratifying and confirming certain transportation  contracts
          by the Cold Spring Harbor central school district; to amend the educa-
          tion  law,  in relation to certain moneys apportioned in the 2021-2022
          school year; to amend the education law, in relation to  the  prepara-
          tion  of estimated data for projections of apportionments; in relation
          to approved private schools serving certain  students  with  disabili-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-05-1

        S. 2506--C                          2                         A. 3006--C
 
          ties,  special  act  school  districts  and approved preschool special
          class and special class in an integrated setting programs experiencing
          enrollment decreases as a  result  of  the  state  disaster  emergency
          declared  pursuant to Executive Order 202 of 2020; to amend the educa-
          tion law, in relation to authorizing  the  board  of  education  of  a
          special  act  school  district  to  establish  a  fiscal stabilization
          reserve fund; to amend the  education  law,  in  relation  to  certain
          tuition  methodology; to amend the education law, in relation to char-
          ter school aid; to amend part B of chapter 57  of  the  laws  of  2008
          amending  the  education law relating to the universal prekindergarten
          program, in relation to the effectiveness thereof;  to  amend  chapter
          507  of  the laws of 1974, relating to providing for the apportionment
          of state monies to certain nonpublic schools, to  reimburse  them  for
          their  expenses  in  complying with certain state requirements for the
          administration of  state  testing  and  evaluation  programs  and  for
          participation in state programs for the reporting of basic educational
          data, in relation to the calculation of nonpublic schools' eligibility
          to  receive aid; to amend chapter 756 of the laws of 1992, relating to
          funding a program for work force education conducted by the consortium
          for worker education in New York city, in  relation  to  reimbursement
          for  the  2021-2022  school  year; to amend chapter 756 of the laws of
          1992, relating to funding a program for work force education conducted
          by the consortium for worker education in New York city,  in  relation
          to  withholding  a portion of employment preparation education aid and
          in relation to the effectiveness thereof; to amend the education  law,
          in  relation  to  funds  for  certain employment preparation education
          programs; to amend chapter 147 of  the  laws  of  2001,  amending  the
          education  law relating to conditional appointment of school district,
          charter school or BOCES employees, in relation  to  the  effectiveness
          thereof; to amend chapter 425 of the laws of 2002, amending the educa-
          tion  law  relating  to  the  provision  of  supplemental  educational
          services, attendance at a safe public school  and  the  suspension  of
          pupils  who  bring  a  firearm to or possess a firearm at a school, in
          relation to the effectiveness thereof; to amend  chapter  101  of  the
          laws of 2003, amending the education law relating to implementation of
          the No Child Left Behind Act of 2001, in relation to the effectiveness
          thereof;  relates  to  school  bus driver training; relates to special
          apportionment for salary expenses  and  public  pension  accruals;  to
          amend  chapter  121  of  the  laws of 1996 relating to authorizing the
          Roosevelt union free school district to finance deficits by the  issu-
          ance  of  serial  bonds, in relation to the amounts of such apportion-
          ments;  in  relation  to  special  apportionment  for  public  pension
          accruals;  relates to authorizing the city school district of the city
          of Rochester to purchase certain services; relates  to  suballocations
          of  appropriations;  relating  to  the support of public libraries; to
          repeal paragraph cc of subdivision 1 of section 3602 of the  education
          law,  relating to the gap elimination adjustment percentage; to repeal
          paragraph c of subdivision 17 of section 3602 of  the  education  law,
          relating  to  the  gap  elimination  adjustment; and providing for the
          repeal of certain provisions upon expiration thereof (Part A);  inten-
          tionally  omitted  (Part  B); intentionally omitted (Part C); to amend
          part D of chapter 58 of the laws of 2011 amending  the  education  law
          relating  to capital facilities in support of the state university and
          community colleges, procurement and the state university  health  care
          facilities,  in relation to the effectiveness thereof (Part D); inten-
          tionally omitted (Part E); extending scholarship  program  eligibility

        S. 2506--C                          3                         A. 3006--C
 
          for  certain recipients affected by the COVID-19 pandemic (Part F); to
          amend the education  law,  in  relation  to  establishing  the  amount
          awarded for the excelsior scholarship (Part G); to amend the executive
          law,  in  relation to facilities operated and maintained by the office
          of children and family  services  and  to  authorize  the  closure  of
          certain  facilities  operated by such office (Part H); 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  making  such provisions permanent (Part I); to amend
          part G of chapter 57 of the laws of 2013, amending the  executive  law
          and the social services law relating to consolidating the youth devel-
          opment  and delinquency prevention program and the special delinquency
          prevention program, in relation to making  such  provisions  permanent
          (Part  J); to amend part K of chapter 57 of the laws of 2012, amending
          the education law, relating to authorizing the  board  of  cooperative
          educational  services to enter into contracts with the commissioner of
          children and family services to provide certain services, in  relation
          to  the  effectiveness  thereof (Part K); to amend the social services
          law and the family court act,  in  relation  to  compliance  with  the
          Federal  Family  First  Prevention Services Act; and providing for the
          repeal of certain provisions upon expiration thereof (Part L);  inten-
          tionally  omitted (Part M); intentionally omitted (Part N); to utilize
          reserves in the mortgage insurance fund for various  housing  purposes
          (Part  O); 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 P); to amend the state finance law, in
          relation to authorizing a tax check-off for gifts to food banks  (Part
          Q);  intentionally  omitted  (Part R); intentionally omitted (Part S);
          intentionally omitted (Part T); to amend the private  housing  finance
          law,  in relation to exempting certain projects from sales and compen-
          sating use taxes (Part U);  intentionally  omitted  (Part  V);  inten-
          tionally  omitted  (Part  W);  intentionally  omitted (Part X); inten-
          tionally omitted (Part Y);  to  amend  the  social  services  law,  in
          relation to making child care more affordable for low-income families;
          and providing for the repeal of such provisions upon expiration there-
          of  (Part  Z);  to  amend the labor law and the public service law, in
          relation to requirements for certain renewable  energy  systems  (Part
          AA);  to  establish a COVID-19 emergency rental assistance program; to
          amend the state finance law, in relation to  establishing  a  COVID-19
          emergency  rental municipal corporation allocation fund; and providing
          for the repeal of such provisions upon expiration thereof (Subpart A);
          and to amend the tax law, in  relation  to  establishing  the  utility
          COVID-19  debt relief credit (Subpart B) (Part BB); to amend the labor
          law, in relation to prohibiting the inclusion of claims for  unemploy-
          ment insurance arising from the closure of an employer due to COVID-19
          from  being included in such employer's experience rating charges; and
          to amend chapter 21 of the laws of 2021, amending the labor law relat-
          ing to prohibiting the inclusion of claims for unemployment  insurance
          arising  from  the  closure  of an employer due to COVID-19 from being
          included in such employer's experience rating charges, in relation  to
          the  effectiveness  thereof  (Part CC); to amend the education law, in
          relation to tuition assistance program awards; and  to  amend  chapter
          260  of  the  laws of 2011 amending the education law and the New York
          state urban  development  corporation  act  relating  to  establishing
          components of the NY-SUNY 2020 challenge grant program, in relation to
          the effectiveness thereof (Part DD); to amend the social services law,

        S. 2506--C                          4                         A. 3006--C
 
          in relation to excluding certain funding from the determination of the
          maximum  state aid rate for authorized agencies; and providing for the
          repeal of such provisions upon expiration thereof (Part EE); to imple-
          ment  section  4  of  Division X of the federal consolidated appropri-
          ations act of 2021; and providing for the repeal  of  such  provisions
          upon  expiration  thereof  (Part  FF);  to amend the education law, in
          relation to state appropriations for reimbursement of tuition  credits
          (Part  GG);  to  amend the public officers law, in relation to defense
          and indemnification of physicians acting on behalf of the state  (Part
          HH);  to  amend  the  public health law, in relation to the storage of
          sexual offense evidence collection kits (Part II); to amend the social
          services law, the education law and the public health law, in relation
          to providing supports and services for youth  suffering  from  adverse
          childhood  experiences;  and  providing  for  the  repeal  of  certain
          provisions of the social services law relating  thereto  (Subpart  A);
          intentionally  omitted  (Subpart  B)  (Part JJ); to amend the business
          corporation law, the general associations law, the  limited  liability
          company  law,  the not-for-profit corporation law, the partnership law
          and the real property law, in relation to  service  of  process  (Part
          KK); to amend the executive law, in relation to the community violence
          intervention  act  (Part  LL);  to  amend  the  public service law, in
          relation to directing the public service commission to  review  broad-
          band and fiber optic services within the state (Part MM); to amend the
          general  business law, in relation to broadband service for low-income
          consumers (Part NN); and to amend the social services law, in relation
          to the powers of a social services official to receive and dispose  of
          a deed, mortgage or lien (Part OO)
 
          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 2021-2022 state fiscal year. Each component is
     4  wholly contained within a Part identified as Parts  A  through  OO.  The
     5  effective  date for each particular provision contained within such Part
     6  is set forth in the last section of such  Part.  Any  provision  in  any
     7  section  contained  within  a  Part, including the effective date of the
     8  Part, which makes a reference to a section "of this act", when  used  in
     9  connection  with  that particular component, shall be deemed to mean and
    10  refer to the corresponding section of the Part in  which  it  is  found.
    11  Section  three of this act sets forth the general effective date of this
    12  act.
 
    13                                   PART A

    14    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    15  tion law, as amended by section 1 of part A of chapter 56 of the laws of
    16  2020, is amended to read as follows:
    17    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
    18  district  that  submitted a contract for excellence for the two thousand
    19  eight--two thousand nine school year shall submit a contract for  excel-
    20  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
    21  conformity with the requirements of subparagraph (vi) of paragraph a  of
    22  subdivision  two  of this section unless all schools in the district are

        S. 2506--C                          5                         A. 3006--C
 
     1  identified as in good standing  and  provided  further  that,  a  school
     2  district  that  submitted a contract for excellence for the two thousand
     3  nine--two thousand ten school year, unless all schools in  the  district
     4  are  identified  as in good standing, shall submit a contract for excel-
     5  lence for the two thousand eleven--two thousand twelve school year which
     6  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
     7  graph  a of subdivision two of this section, provide for the expenditure
     8  of an amount which shall be not less than  the  product  of  the  amount
     9  approved  by the commissioner in the contract for excellence for the two
    10  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
    11  district's  gap  elimination  adjustment percentage and provided further
    12  that, a school district that submitted a contract for excellence for the
    13  two thousand eleven--two thousand twelve school year, unless all schools
    14  in the district are identified as  in  good  standing,  shall  submit  a
    15  contract  for excellence for the two thousand twelve--two thousand thir-
    16  teen school  year  which  shall,  notwithstanding  the  requirements  of
    17  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    18  provide for the expenditure of an amount which shall be  not  less  than
    19  the  amount  approved by the commissioner in the contract for excellence
    20  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
    21  provided  further  that, a school district that submitted a contract for
    22  excellence for the two thousand  twelve--two  thousand  thirteen  school
    23  year,  unless  all  schools  in  the  district are identified as in good
    24  standing, shall submit a contract for excellence for  the  two  thousand
    25  thirteen--two thousand fourteen school year which shall, notwithstanding
    26  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    27  of this section, provide for the expenditure of an amount which shall be
    28  not less than the amount approved by the commissioner  in  the  contract
    29  for excellence for the two thousand twelve--two thousand thirteen school
    30  year  and  provided  further  that,  a  school district that submitted a
    31  contract for excellence for  the  two  thousand  thirteen--two  thousand
    32  fourteen  school year, unless all schools in the district are identified
    33  as in good standing, shall submit a contract for excellence for the  two
    34  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
    35  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    36  subdivision  two  of  this  section,  provide  for the expenditure of an
    37  amount which shall be not less than the amount approved by  the  commis-
    38  sioner in the contract for excellence for the two thousand thirteen--two
    39  thousand  fourteen  school  year;  and  provided  further that, a school
    40  district that submitted a contract for excellence for the  two  thousand
    41  fourteen--two  thousand  fifteen  school year, unless all schools in the
    42  district are identified as in good standing, shall submit a contract for
    43  excellence for the two thousand  fifteen--two  thousand  sixteen  school
    44  year  which shall, notwithstanding the requirements of subparagraph (vi)
    45  of paragraph a of subdivision two  of  this  section,  provide  for  the
    46  expenditure  of  an  amount  which  shall  be  not  less than the amount
    47  approved by the commissioner in the contract for excellence for the  two
    48  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    49  further that a school district that submitted a contract for  excellence
    50  for  the  two thousand fifteen--two thousand sixteen school year, unless
    51  all schools in the district are identified as in  good  standing,  shall
    52  submit a contract for excellence for the two thousand sixteen--two thou-
    53  sand seventeen school year which shall, notwithstanding the requirements
    54  of  subparagraph (vi) of paragraph a of subdivision two of this section,
    55  provide for the expenditure of an amount which shall be  not  less  than
    56  the  amount  approved by the commissioner in the contract for excellence

        S. 2506--C                          6                         A. 3006--C
 
     1  for the two thousand fifteen--two  thousand  sixteen  school  year;  and
     2  provided  further  that, a school district that submitted a contract for
     3  excellence for the two thousand sixteen--two thousand  seventeen  school
     4  year,  unless  all  schools  in  the  district are identified as in good
     5  standing, shall submit a contract for excellence for  the  two  thousand
     6  seventeen--two  thousand eighteen school year which shall, notwithstand-
     7  ing the requirements of subparagraph (vi) of paragraph a of  subdivision
     8  two  of  this  section,  provide  for the expenditure of an amount which
     9  shall be not less than the amount approved by the  commissioner  in  the
    10  contract  for  excellence  for  the  two  thousand sixteen--two thousand
    11  seventeen school year; and provided further that a school district  that
    12  submitted  a contract for excellence for the two thousand seventeen--two
    13  thousand eighteen school year, unless all schools in  the  district  are
    14  identified  as  in good standing, shall submit a contract for excellence
    15  for the two thousand eighteen--two thousand nineteen school  year  which
    16  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    17  graph a of subdivision two of this section, provide for the  expenditure
    18  of  an  amount  which  shall be not less than the amount approved by the
    19  commissioner in the contract for excellence for the two thousand  seven-
    20  teen--two  thousand  eighteen  school year; and provided further that, a
    21  school district that submitted a contract for  excellence  for  the  two
    22  thousand eighteen--two thousand nineteen school year, unless all schools
    23  in  the  district  are  identified  as  in good standing, shall submit a
    24  contract for excellence for  the  two  thousand  nineteen--two  thousand
    25  twenty  school  year  which  shall,  notwithstanding the requirements of
    26  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    27  provide  for  the  expenditure of an amount which shall be not less than
    28  the amount approved by the commissioner in the contract  for  excellence
    29  for  the  two  thousand eighteen--two thousand nineteen school year; and
    30  provided further that, a school district that submitted a  contract  for
    31  excellence  for  the  two  thousand nineteen--two thousand twenty school
    32  year, unless all schools in the  district  are  identified  as  in  good
    33  standing,  shall  submit  a contract for excellence for the two thousand
    34  twenty--two thousand twenty-one school year which shall, notwithstanding
    35  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    36  of this section, provide for the expenditure of an amount which shall be
    37  not  less  than  the amount approved by the commissioner in the contract
    38  for excellence for the two thousand nineteen--two thousand twenty school
    39  year; and provided further that, a  school  district  that  submitted  a
    40  contract  for excellence for the two thousand twenty--two thousand twen-
    41  ty-one school year, unless all schools in the district are identified as
    42  in good standing, shall submit a contract for  excellence  for  the  two
    43  thousand  twenty-one--two  thousand  twenty-two school year which shall,
    44  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    45  subdivision  two  of  this  section,  provide  for the expenditure of an
    46  amount which shall be not less than the amount approved by  the  commis-
    47  sioner  in  the contract for excellence for the two thousand twenty--two
    48  thousand twenty-one school year. For purposes  of  this  paragraph,  the
    49  "gap  elimination  adjustment percentage" shall be calculated as the sum
    50  of one minus the quotient of the sum of the school  district's  net  gap
    51  elimination   adjustment  for  two  thousand  ten--two  thousand  eleven
    52  computed pursuant to chapter fifty-three of the  laws  of  two  thousand
    53  ten,  making  appropriations  for  the  support  of government, plus the
    54  school district's gap elimination adjustment for two  thousand  eleven--
    55  two  thousand  twelve as computed pursuant to chapter fifty-three of the
    56  laws of two thousand eleven, making appropriations for  the  support  of

        S. 2506--C                          7                         A. 3006--C
 
     1  the  local  assistance budget, including support for general support for
     2  public schools, divided by the total aid for adjustment computed  pursu-
     3  ant  to  chapter  fifty-three of the laws of two thousand eleven, making
     4  appropriations  for  the  local assistance budget, including support for
     5  general support for public schools. Provided, further, that such  amount
     6  shall  be expended to support and maintain allowable programs and activ-
     7  ities approved in the two thousand nine--two thousand ten school year or
     8  to support new or expanded allowable  programs  and  activities  in  the
     9  current year.
    10    § 2. Intentionally omitted.
    11    § 3. Intentionally omitted.
    12    § 4. Intentionally omitted.
    13    § 5. Intentionally omitted.
    14    § 6. Intentionally omitted.
    15    § 7. Intentionally omitted.
    16    § 8. Intentionally omitted.
    17    § 9.  Subdivision 1 of section 3602 of the education law is amended by
    18  adding a new paragraph kk to read as follows:
    19    kk. The "federal COVID-19 supplemental stimulus" shall be equal to the
    20  sum of (1) ninety percent of the funds from the elementary and secondary
    21  school emergency relief fund made available to school districts pursuant
    22  to  the Coronavirus Response and Relief Supplemental Appropriations Act,
    23  2021 in the same proportion as such district's share of  funds  provided
    24  under Title I of the Elementary and Secondary Education Act of 1965 plus
    25  (2)  the  base  federal  allocation.    For eligible districts, the base
    26  federal allocation shall be equal to the product of nine hundred  fifty-
    27  two  dollars  and  fifteen  cents  ($952.15)  and public school district
    28  enrollment in the base year as computed pursuant to paragraph n of  this
    29  subdivision,  provided  that  if  the total statewide base federal allo-
    30  cation is not equal to four hundred sixty-seven  million  eight  hundred
    31  thirteen  thousand  six hundred sixty-nine dollars ($467,813,669), indi-
    32  vidual school district allocations shall be prorated to ensure that  the
    33  base  federal  allocation  is  equal to four hundred sixty-seven million
    34  eight  hundred  thirteen  thousand  six   hundred   sixty-nine   dollars
    35  ($467,813,669), less ninety percent of the funds from the elementary and
    36  secondary   school  emergency  relief  fund  made  available  to  school
    37  districts pursuant to the Coronavirus Response and  Relief  Supplemental
    38  Appropriations Act, 2021 in the same proportion as such district's share
    39  of  funds  provided under Title I of the Elementary and Secondary Educa-
    40  tion Act of 1965, but not less than zero.  Districts shall  be  eligible
    41  for  the  base federal allocation if their combined wealth ratio for the
    42  current year computed pursuant to subparagraph one  of  paragraph  c  of
    43  subdivision three of this section is less than one and five tenths (1.5)
    44  and the district is not a central high school district.
    45    §  9-a.  On  or  before  July  1, 2021, every local educational agency
    46  receiving funding from the elementary  and  secondary  school  emergency
    47  relief  fund  allocated by the American rescue plan act of 2021 shall be
    48  required to post on its website a plan by school year of how such  funds
    49  will  be  expended  and how the local educational agency will prioritize
    50  spending on non-recurring expenses in the  areas  of:  safely  returning
    51  students  to  in-person  instruction;  maximizing  in-person instruction
    52  time; operating schools and meeting the needs  of  students;  purchasing
    53  educational  technology; addressing the impacts of the COVID-19 pandemic
    54  on students, including the impacts of interrupted instruction and learn-
    55  ing loss and the impacts on low-income students, children with disabili-
    56  ties, English language learners, and students experiencing homelessness;

        S. 2506--C                          8                         A. 3006--C
 
     1  implementing  evidence-based  strategies  to  meet   students'   social,
     2  emotional,  mental  health,  and academic needs; offering evidence-based
     3  summer,  afterschool,  and  other  extended  learning   and   enrichment
     4  programs;  and  supporting  early childhood education. Provided further,
     5  that local educational agencies shall identify  any  programs  utilizing
     6  such  funding  that  are expected to continue beyond the availability of
     7  such federal funds and identify local funds that will be used  to  main-
     8  tain  such programs in order to minimize disruption to core academic and
     9  other school programs. Before posting such plan, the  local  educational
    10  agency shall seek public comment from parents, teachers and other stake-
    11  holders  on the plan and take such comments into account in the develop-
    12  ment of the plan.
    13    § 9-b. Notwithstanding any provision of  law  to  the  contrary,  each
    14  local  educational  agency  receiving  an  allocation  of elementary and
    15  secondary school emergency relief funds pursuant to  section  2001(d)(1)
    16  of  the American rescue plan act of 2021 shall reserve one-half (0.5) of
    17  the amount so allocated for reimbursement of eligible costs incurred  by
    18  such  local  educational  agency  in  the 2021-22 through 2024-25 school
    19  years, with the amount of such costs for each such school year to  equal
    20  one-eighth  (0.125) of such allocation, provided that such time schedule
    21  shall not apply to eligible costs to be reimbursed from the  other  one-
    22  half  (0.5) of such allocation; provided, however, that this requirement
    23  shall not apply to local educational agencies whose allocation  pursuant
    24  to such section is  less than five hundred dollars ($500) per pupil, and
    25  provided  further  that,  in  the  event that the director of the budget
    26  determines that by March  15,  2022,  the  federal  government  has  not
    27  extended  the deadline by which local educational agencies must obligate
    28  all of the funds allocated pursuant to such section at least through the
    29  end of the 2024-25 school year, the amount  of  such  allocation  to  be
    30  reserved  for  reimbursement  of  eligible costs incurred in each of the
    31  2022-23 and 2023-24 school years shall equal one thousand eight  hundred
    32  seventy-five ten-thousandths (0.1875) of such allocation.
    33    §  9-c.  Notwithstanding any inconsistent provision of law, elementary
    34  and secondary school emergency relief funds and the governor's emergency
    35  education relief funds pursuant to the Coronavirus response  and  relief
    36  supplemental  appropriations  act, 2021 and the American rescue plan act
    37  of 2021 shall be deemed grants in aid and the  state  comptroller  shall
    38  prescribe  that  any monies received therefrom by school districts shall
    39  be recorded and reported as special aid funds of the district.
    40    § 10. Intentionally omitted.
    41    § 10-a. Paragraph a of subdivision 4 of section 3602 of the  education
    42  law is amended by adding a new subparagraph 5 to read as follows:
    43    (5) For the purposes of this subdivision, "total foundation aid" shall
    44  be  equal  to  the  product  of the total aidable foundation pupil units
    45  multiplied by the district's selected foundation aid.
    46    § 10-b. Subdivision 4 of section 3602 of the education law is  amended
    47  by adding a new paragraph i to read as follows:
    48    i. Foundation aid payable in the two thousand twenty-one--two thousand
    49  twenty-two  school  year.  Notwithstanding  any  provision of law to the
    50  contrary, foundation aid payable in  the  two  thousand  twenty-one--two
    51  thousand twenty-two school year shall equal the sum of the total founda-
    52  tion  aid  base computed pursuant to subparagraph (ii) of paragraph j of
    53  subdivision one of this section plus the greater  of  the:  (i)  minimum
    54  increase;  (ii) phase-in increase; (iii) catch up increase; and (iv) the
    55  per pupil allocation. For the purposes of this paragraph:

        S. 2506--C                          9                         A. 3006--C
 
     1    (1) The "phase-in increase" shall be equal to the product of the foun-
     2  dation aid phase-in factor multiplied by  the  positive  difference,  if
     3  any, of: (i) total foundation aid pursuant to paragraph a of this subdi-
     4  vision;  less  (ii)  the  total foundation aid base computed pursuant to
     5  paragraph j of subdivision one of this section.
     6    (2) The "foundation aid phase-in factor" shall be equal to the greater
     7  of:  (i)  twenty-six  hundred twenty-five ten-thousandths (0.2625); (ii)
     8  twenty-seven hundred twenty-eight ten-thousandths (0.2728) for districts
     9  with a sparsity count computed pursuant to paragraph  r  of  subdivision
    10  one  of  this  section  greater than zero; (iii) twenty-seven hundredths
    11  (0.27) for small city school  districts  pursuant  to  paragraph  jj  of
    12  subdivision one of this section; (iv) forty-four hundredths (0.44) for a
    13  city  school  district  in  a  city  with  a population of more than one
    14  hundred twenty-five thousand but less than one hundred fifty thousand as
    15  of the two thousand ten federal decennial census; (v) four hundred nine-
    16  ty-five thousandths (0.495) for a city school district in a city with  a
    17  population  of  more  than  one hundred fifty thousand but less than two
    18  hundred fifty thousand as of the  two  thousand  ten  federal  decennial
    19  census;  (vi) forty-four hundredths (0.44) for a city school district in
    20  a city with a population of more than two  hundred  fifty  thousand  but
    21  less  than  one  million  as  of  the two thousand ten federal decennial
    22  census; or (vii) four hundred ninety-five thousandths (0.495) for a city
    23  school district in a city having a population of one million or more.
    24    (3) The "minimum increase" shall be equal to the product of:  (i)  the
    25  greater  of  two  hundredths  (0.02)  or  three  hundredths  (0.03)  for
    26  districts with a sparsity count computed  pursuant  to  paragraph  r  of
    27  subdivision  one  of  this section greater than zero; multiplied by (ii)
    28  the total foundation aid base computed pursuant to paragraph j of subdi-
    29  vision one of this section.
    30    (4) The "catch up increase" shall be equal to the positive difference,
    31  if any, of: (i) the product of sixty hundredths (0.60) and total founda-
    32  tion aid as computed pursuant to paragraph a of this  subdivision;  less
    33  (ii)  the  total foundation aid base computed pursuant to paragraph j of
    34  subdivision one of this section.
    35    (5) The "per pupil allocation" shall be equal to the product  of:  (i)
    36  three  hundred  dollars  ($300); multiplied by (ii) the quotient of: (A)
    37  the three-year direct  certification  percentage  computed  pursuant  to
    38  subparagraph  four  of  paragraph ii of subdivision one of this section;
    39  divided by (B)  four  hundred  seventy-three  thousandths  (0.473);  and
    40  further  multiplied  by  (iii) public school district enrollment for the
    41  base year as computed pursuant to paragraph n of subdivision one of this
    42  section for eligible districts. A district shall be eligible for the per
    43  pupil allocation if the combined wealth ratio for total  foundation  aid
    44  computed  pursuant  to  subparagraph  two  of paragraph c of subdivision
    45  three of this section is less than two fifty-three hundredths (2.53).
    46    § 10-c. Clause (ii) of subparagraph 2 of paragraph b of subdivision  4
    47  of  section 3602 of the education law, as amended by section 5-c of part
    48  YYY of chapter 59 of the laws of 2019, is amended to read as follows:
    49    (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
    50  eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
    51  increase factor shall equal thirty-seven and  one-half  percent  (0.375)
    52  and  the phase-in due minimum percent shall equal nineteen and forty-one
    53  hundredths percent (0.1941), for the two thousand  twelve--two  thousand
    54  thirteen school year the phase-in foundation increase factor shall equal
    55  one and seven-tenths percent (0.017), for the two thousand thirteen--two
    56  thousand  fourteen  school  year the phase-in foundation increase factor

        S. 2506--C                         10                         A. 3006--C
 
     1  shall equal (1) for a city school district in a city having a population
     2  of one  million  or  more,  five  and  twenty-three  hundredths  percent
     3  (0.0523) or (2) for all other school districts zero percent, for the two
     4  thousand fourteen--two thousand fifteen school year the phase-in founda-
     5  tion  increase  factor  shall  equal (1) for a city school district of a
     6  city having a population of one million or  more,  four  and  thirty-two
     7  hundredths  percent  (0.0432)  or (2) for a school district other than a
     8  city school district having a population of  one  million  or  more  for
     9  which  (A)  the  quotient  of  the positive difference of the foundation
    10  formula aid minus the foundation aid base computed pursuant to paragraph
    11  j of subdivision one of this section divided by the  foundation  formula
    12  aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
    13  ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
    14  (3)  for  all  other  school  districts,  four and thirty-one hundredths
    15  percent (0.0431), and for the two thousand fifteen--two thousand sixteen
    16  school year the phase-in foundation increase factor shall equal: (1) for
    17  a city school district of a city having a population of one  million  or
    18  more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
    19  (0.13274); or (2) for districts  where  the  quotient  arrived  at  when
    20  dividing  (A)  the  product  of the total aidable foundation pupil units
    21  multiplied by the district's selected  foundation  aid  less  the  total
    22  foundation  aid base computed pursuant to paragraph j of subdivision one
    23  of this section divided by (B) the product of the total aidable  founda-
    24  tion pupil units multiplied by the district's selected foundation aid is
    25  greater  than nineteen percent (0.19), and where the district's combined
    26  wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
    27  seventy-five  hundredths percent (0.0775); or (3) for any other district
    28  designated as high need pursuant to clause (c) of  subparagraph  two  of
    29  paragraph  c  of  subdivision  six  of  this  section for the school aid
    30  computer listing produced by the commissioner in support of the  enacted
    31  budget  for  the  two thousand seven--two thousand eight school year and
    32  entitled "SA0708", four  percent  (0.04);  or  (4)  for  a  city  school
    33  district  in a city having a population of one hundred twenty-five thou-
    34  sand or more but less than one million, fourteen percent (0.14); or  (5)
    35  for school districts that were designated as small city school districts
    36  or  central  school  districts  whose  boundaries include a portion of a
    37  small city for the school aid computer listing produced by  the  commis-
    38  sioner  in support of the enacted budget for the two thousand fourteen--
    39  two thousand fifteen school year and entitled "SA1415", four  and  seven
    40  hundred  fifty-one  thousandths  percent (0.04751); or (6) for all other
    41  districts one percent (0.01), and  for  the  two  thousand  sixteen--two
    42  thousand  seventeen  school  year  the  foundation aid phase-in increase
    43  factor shall equal for an eligible school district the greater  of:  (1)
    44  for a city school district in a city with a population of one million or
    45  more, seven and seven hundred eighty four thousandths percent (0.07784);
    46  or  (2)  for  a city school district in a city with a population of more
    47  than two hundred fifty thousand but less than one million as of the most
    48  recent federal decennial census,  seven  and  three  hundredths  percent
    49  (0.0703);  or (3) for a city school district in a city with a population
    50  of more than two hundred thousand but less than two hundred fifty  thou-
    51  sand as of the most recent federal decennial census, six and seventy-two
    52  hundredths percent (0.0672); or (4) for a city school district in a city
    53  with  a population of more than one hundred fifty thousand but less than
    54  two hundred thousand as of the most recent federal decennial census, six
    55  and seventy-four hundredths percent (0.0674); or (5) for a  city  school
    56  district  in  a  city with a population of more than one hundred twenty-

        S. 2506--C                         11                         A. 3006--C
 
     1  five thousand but less than one hundred fifty thousand as  of  the  most
     2  recent  federal decennial census, nine and fifty-five hundredths percent
     3  (0.0955); or (6) for school districts that were designated as small city
     4  school  districts or central school districts whose boundaries include a
     5  portion of a small city for the school aid computer listing produced  by
     6  the  commissioner  in support of the enacted budget for the two thousand
     7  fourteen--two thousand fifteen school year and entitled "SA141-5" with a
     8  combined wealth ratio less than one and four tenths (1.4), nine  percent
     9  (0.09),  provided,  however,  that  for  such  districts  that  are also
    10  districts designated as high need urban-suburban pursuant to clause  (c)
    11  of  subparagraph  two  of paragraph c of subdivision six of this section
    12  for the school aid computer listing  produced  by  the  commissioner  in
    13  support  of  the enacted budget for the two thousand seven--two thousand
    14  eight school year and entitled "SA0708",  nine  and  seven  hundred  and
    15  nineteen  thousandths  percent  (0.09719);  or  (7) for school districts
    16  designated as high need rural pursuant to clause (c) of subparagraph two
    17  of paragraph c of subdivision six of this section  for  the  school  aid
    18  computer  listing produced by the commissioner in support of the enacted
    19  budget for the two thousand seven--two thousand eight  school  year  and
    20  entitled  "SA0708",  thirteen and six tenths percent (0.136); or (8) for
    21  school districts designated as  high  need  urban-suburban  pursuant  to
    22  clause (c) of subparagraph two of paragraph c of subdivision six of this
    23  section for the school aid computer listing produced by the commissioner
    24  in  support  of the enacted budget for the two thousand seven--two thou-
    25  sand eight school year and entitled  "SA0708",  seven  hundred  nineteen
    26  thousandths  percent  (0.00719);  or  (9)  for all other eligible school
    27  districts, forty-seven hundredths  percent  (0.0047),  provided  further
    28  that  for  the two thousand seventeen--two thousand eighteen school year
    29  the foundation aid increase phase-in factor shall equal (1)  for  school
    30  districts with a census 2000 poverty rate computed pursuant to paragraph
    31  q of subdivision one of this section equal to or greater than twenty-six
    32  percent  (0.26),  ten  and  three-tenths  percent  (0.103), or (2) for a
    33  school district in a city with a population in excess of one million  or
    34  more,  seventeen  and  seventy-seven one-hundredths percent (0.1777), or
    35  (3) for a city school district in a city with a population of more  than
    36  two  hundred  fifty  thousand  but less than one million, as of the most
    37  recent  decennial  census,  twelve  and  sixty-nine  hundredths  percent
    38  (0.1269)  or  (4) for a city school district in a city with a population
    39  of more than one hundred fifty thousand but less than two hundred  thou-
    40  sand,  as  of the most recent federal decennial census, ten and seventy-
    41  eight one hundredths percent (0.1078), or (5) for a city school district
    42  in a city with a population of more than one hundred  twenty-five  thou-
    43  sand  but  less  than  one  hundred fifty thousand as of the most recent
    44  federal decennial census, nineteen and one hundred eight one-thousandths
    45  percent (0.19108), or (6) for a city school district in a  city  with  a
    46  population  of  more than two hundred thousand but less than two hundred
    47  fifty thousand as of the most recent federal decennial census,  ten  and
    48  six-tenths  percent  (0.106),  or  (7) for all other districts, four and
    49  eighty-seven one-hundredths percent (0.0487), and for the  two  thousand
    50  [twenty] twenty-two--two thousand [twenty-one school year and thereafter
    51  the  commissioner  shall  annually  determine  the  phase-in  foundation
    52  increase factor subject to allocation  pursuant  to  the  provisions  of
    53  subdivision  eighteen of this section and any provisions of a chapter of
    54  the laws of New York as described therein] twenty-three school year  the
    55  foundation  aid  phase-in  increase factor shall be fifty percent (0.5),
    56  and for the two thousand twenty-three--two thousand  twenty-four  school

        S. 2506--C                         12                         A. 3006--C
 
     1  year and thereafter the foundation aid phase-in increase factor shall be
     2  one hundred percent (1.0).
     3    § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school
     4  district  receiving  a  foundation  aid  increase  of more than: (i) ten
     5  percent; or (ii) ten million dollars in  a  school  year  shall,  on  or
     6  before July 1 of each school year, post to the district's website a plan
     7  by  school  year  of  how  such  funds  will  be used to address student
     8  performance and need, including but not limited to: (i) increasing grad-
     9  uation rates and eliminating the achievement gap;  (ii)  reducing  class
    10  sizes;  (iii) providing supports for students who are not meeting, or at
    11  risk of not meeting, state learning standards in core  academic  subject
    12  areas;  (iv) addressing student social-emotional health; and (v) provid-
    13  ing adequate resources to English language learners, students with disa-
    14  bilities; and students experiencing homelessness. Prior to posting  such
    15  plan,  each  school  district  shall  seek  public comment from parents,
    16  teachers and other stakeholders on the plan and take such comments  into
    17  account in the development of the plan.
    18    § 11. Intentionally omitted.
    19    §  11-a. Subdivision 1 of section 3602 of the education law is amended
    20  by adding two new paragraphs ll and mm to read as follows:
    21    ll. (1) "Economically disadvantaged count" shall be equal to the undu-
    22  plicated  count  of  all  children  registered  to  receive  educational
    23  services  in  grades  kindergarten through twelve, including children in
    24  ungraded programs who participate in, or whose family  participates  in,
    25  economic  assistance  programs,  such as the free or reduced-price lunch
    26  programs, Social Security Insurance, Supplemental  Nutrition  Assistance
    27  Program,  Foster  Care, Refugee Assistance (cash or medical assistance),
    28  Earned Income Tax Credit (EITC), Home Energy Assistance Program  (HEAP),
    29  Safety  Net  Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
    30  rary Assistance for Needy Families (TANF).
    31    (2) "Economically disadvantaged rate" shall mean the quotient  arrived
    32  at  when dividing the economically disadvantaged count by public enroll-
    33  ment as computed pursuant to subparagraph one of  paragraph  n  of  this
    34  subdivision.
    35    (3)  "Three-year  average economically disadvantaged rate" shall equal
    36  the quotient of: (i) the sum of the economically disadvantaged count for
    37  the school year prior to the base year, plus such number for the  school
    38  year  two  years prior to the base year, plus such number for the school
    39  year three years prior to the base year; divided  by  (ii)  the  sum  of
    40  enrollment  as  computed pursuant to subparagraph one  of paragraph n of
    41  subdivision one of this section for the school year prior  to  the  base
    42  year,  plus  such number for the school year two years prior to the base
    43  year, plus such number for the school year three years prior to the base
    44  year, computed to four decimals without rounding.
    45    mm. "Three-year average small area income and poverty  estimate  rate"
    46  shall  equal  the quotient of: (i) the sum of the number of persons aged
    47  five to seventeen within the school district, based on  the  small  area
    48  income  and  poverty  estimates  produced  by  the  United States census
    49  bureau, whose families had incomes  below  the  poverty  level  for  the
    50  calendar  year prior to the year in which the base year began, plus such
    51  number for the calendar year two years prior to the year  in  which  the
    52  base  year  began,  plus  such  number for the calendar year three years
    53  prior to the year in which the base year began; divided by (ii) the  sum
    54  of  the total number of persons aged five to seventeen within the school
    55  district, based on such census bureau estimates, for the year  prior  to
    56  the  year  in  which the base year began, plus such total number for the

        S. 2506--C                         13                         A. 3006--C
 
     1  year two years prior to the year in which the base year began, plus such
     2  total number for the year three years prior to the  year  in  which  the
     3  base year began, computed to four decimals without rounding.
     4    §  11-b.  Section 3641 of the education law is amended by adding a new
     5  subdivision 17 to read as follows:
     6    17. Learning loss grants. a.  For  the  two  thousand  twenty-one--two
     7  thousand twenty-two school year, eligible school districts shall receive
     8  grants in aid equal to the positive difference, if any, of the base ARPA
     9  allocation  less  ninety  percent  of  the funds from the elementary and
    10  secondary  school  emergency  relief  fund  made  available  to   school
    11  districts  pursuant  to  the  American  rescue  plan  act of 2021, (P.L.
    12  117-2), but not less than seven hundred thousand dollars ($700,000), and
    13  not more than ten million dollars ($10,000,000) or ten percent (0.1)  of
    14  the  total  expenditures  from  the  district's general fund for the two
    15  thousand twenty--two thousand twenty-one school year, whichever is less.
    16  School districts where the base ARPA allocation is less than or equal to
    17  ninety percent of the funds from the  elementary  and  secondary  school
    18  emergency relief fund made available to school districts pursuant to the
    19  American  rescue  plan  act  of  2021,  shall  not be eligible for these
    20  grants.  Such grant funds shall remain available for obligation by  such
    21  school districts until the deadline therefor prescribed in federal law.
    22    b.  The  "base  ARPA  allocation" shall be equal to the product of the
    23  adjusted per pupil amount multiplied by public school  district  enroll-
    24  ment  for  the base year as computed pursuant to paragraph n of subdivi-
    25  sion one of section  thirty-six  hundred  two  of  this  article.    The
    26  "adjusted  per  pupil amount" shall be equal to the product of: (1) four
    27  thousand five hundred fifty dollars and  twenty-six  cents  ($4,550.26);
    28  multiplied  by  (2)  the  regional cost index calculated in two thousand
    29  eighteen, reflecting an analysis of labor market costs based  on  median
    30  salaries in professional occupations that require similar credentials to
    31  those of positions in the education field, but not including those occu-
    32  pations in the education field; multiplied by (3) the modified EN index;
    33  and multiplied by (4) the learning loss wealth factor.
    34    (1)  For purposes of this paragraph, the "learning loss wealth factor"
    35  shall be equal to the  positive  difference,  if  any,  of  seventy-five
    36  hundredths (0.75) less half of the combined wealth ratio computed pursu-
    37  ant  to  subparagraph one of paragraph c of subdivision three of section
    38  thirty-six hundred two of this article.
    39    (2) For purposes of this paragraph, the "modified EN index"  shall  be
    40  equal  to the modified EN percent divided by the statewide average modi-
    41  fied EN percent, provided that  for  the  two  thousand  twenty-one--two
    42  thousand  twenty-two  school  year,  the  statewide  average modified EN
    43  percent shall be equal to five thousand  five  hundred  sixty-five  ten-
    44  thousandths (0.5565).
    45    (3) For purposes of this paragraph, the "modified EN percent" shall be
    46  equal to the modified EN count divided by public school district enroll-
    47  ment  for  the base year computed pursuant to paragraph n of subdivision
    48  one of section thirty-six hundred two of this article.
    49    (4) For purposes of this paragraph,  the  "modified  EN  count"  shall
    50  equal  the  sum  of (A) the product of fifty percent (0.5) multiplied by
    51  the English language learner count computed pursuant to paragraph  o  of
    52  subdivision  one of section thirty-six hundred two of this article, plus
    53  (B) the sparsity count computed pursuant to paragraph r  of  subdivision
    54  one  of  section  thirty-six  hundred  two of this article, plus (C) the
    55  product of  sixty-five hundredths (0.65) multiplied  by  the  three-year
    56  average small area income and poverty estimate rate computed pursuant to

        S. 2506--C                         14                         A. 3006--C
 
     1  paragraph  mm  of  subdivision  one of section thirty-six hundred two of
     2  this article and multiplied further by public school district enrollment
     3  for the base year as computed pursuant to paragraph n of subdivision one
     4  of  section thirty-six hundred two of this article, plus (D) the product
     5  of  sixty-five hundredths (0.65) multiplied by  the  three-year  average
     6  economically  disadvantaged  rate  defined  pursuant  to paragraph ll of
     7  subdivision one of section thirty-six hundred two of  this  article  and
     8  multiplied  further  by  public  school district enrollment for the base
     9  year as computed pursuant to paragraph n of subdivision one  of  section
    10  thirty-six hundred two of this article.
    11    c.  Districts  receiving  learning loss grants shall use: (1) fourteen
    12  and two hundred eighty-six thousandths percent (0.14286) of such  grants
    13  for  implementation  of  evidence-based  summer enrichment programs; (2)
    14  fourteen and two hundred eighty-six thousandths  percent  (0.14286)  for
    15  implementation of evidence-based comprehensive afterschool programs; and
    16  (3)  the  remaining  funds    for activities to address learning loss by
    17  supporting the implementation of evidence-based interventions,  such  as
    18  summer learning or summer enrichment, extended day, comprehensive after-
    19  school  programs,  or  extended  school  year programs. School districts
    20  shall ensure that such  interventions  respond  to  students'  academic,
    21  social,  and  emotional needs and address the disproportionate impact of
    22  the coronavirus on  low-income  students,  children  with  disabilities,
    23  English  learners, migrant students, students experiencing homelessness,
    24  and children in foster care.
    25    § 12. Intentionally omitted.
    26    § 12-a. Intentionally omitted.
    27    § 12-b. The closing paragraph of subdivision 5-a of  section  3602  of
    28  the education law, as amended by section 14-c of part A of chapter 56 of
    29  the laws of 2020, is amended to read as follows:
    30    For the two thousand eight--two thousand nine school year, each school
    31  district  shall  be entitled to an apportionment equal to the product of
    32  fifteen percent and the additional apportionment  computed  pursuant  to
    33  this  subdivision  for the two thousand seven--two thousand eight school
    34  year. For the two thousand nine--two thousand ten through  two  thousand
    35  [twenty]  twenty-one--two thousand [twenty-one] twenty-two school years,
    36  each school district shall be entitled to an apportionment equal to  the
    37  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
    38  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
    39  computer  listing  produced by the commissioner in support of the budget
    40  for the two thousand nine--two thousand ten  school  year  and  entitled
    41  "SA0910".
    42    § 13. Intentionally omitted.
    43    §  13-a.  Subdivision  12  of  section  3602  of the education law, as
    44  amended by section 14-d of part A of chapter 56 of the laws of 2020,  is
    45  amended to read as follows:
    46    12. Academic enhancement aid. A school district that as of April first
    47  of  the base year has been continuously identified as a district in need
    48  of improvement for at least five  years  shall,  for  the  two  thousand
    49  eight--two  thousand  nine  school  year,  be  entitled to an additional
    50  apportionment equal to the positive remainder, if any, of (a) the lesser
    51  of fifteen million dollars or the product of the  total  foundation  aid
    52  base,  as  defined  by  paragraph  j of subdivision one of this section,
    53  multiplied by ten percent (0.10), less (b) the positive remainder of (i)
    54  the sum of the total foundation aid apportioned pursuant to  subdivision
    55  four of this section and the supplemental educational improvement grants

        S. 2506--C                         15                         A. 3006--C
 
     1  apportioned  pursuant to subdivision eight of section thirty-six hundred
     2  forty-one of this article, less (ii) the total foundation aid base.
     3    For the two thousand nine--two thousand ten through two thousand four-
     4  teen--two  thousand  fifteen school years, each school district shall be
     5  entitled to an apportionment equal to the  amount  set  forth  for  such
     6  school  district  as  "EDUCATION  GRANTS, ACADEMIC EN" under the heading
     7  "2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
     8  the commissioner in support of the budget for the two thousand nine--two
     9  thousand  ten  school year and entitled "SA0910", and such apportionment
    10  shall be deemed to satisfy the state obligation to provide an apportion-
    11  ment pursuant to subdivision eight of section thirty-six hundred  forty-
    12  one of this article.
    13    For  the  two thousand fifteen--two thousand sixteen year, each school
    14  district shall be entitled to an apportionment equal to the  amount  set
    15  forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
    16  ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
    17  by  the commissioner in support of the budget for the two thousand four-
    18  teen--two thousand fifteen school year and entitled "SA141-5", and  such
    19  apportionment shall be deemed to satisfy the state obligation to provide
    20  an  apportionment  pursuant  to  subdivision eight of section thirty-six
    21  hundred forty-one of this article.
    22    For the two thousand sixteen--two thousand seventeen school year, each
    23  school district shall be entitled  to  an  apportionment  equal  to  the
    24  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
    25  under the heading "2015-16 ESTIMATED AIDS" in the  school  aid  computer
    26  listing  produced  by  the commissioner in support of the budget for the
    27  two thousand fifteen--two thousand  sixteen  school  year  and  entitled
    28  "SA151-6",  and  such apportionment shall be deemed to satisfy the state
    29  obligation to provide an apportionment pursuant to subdivision eight  of
    30  section thirty-six hundred forty-one of this article.
    31    For  the  two  thousand  seventeen--two thousand eighteen school year,
    32  each school district shall be entitled to an apportionment equal to  the
    33  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
    34  under the heading "2016-17 ESTIMATED AIDS" in the  school  aid  computer
    35  listing  produced  by  the commissioner in support of the budget for the
    36  two thousand sixteen--two thousand seventeen school  year  and  entitled
    37  "SA161-7",  and  such apportionment shall be deemed to satisfy the state
    38  obligation to provide an apportionment pursuant to subdivision eight  of
    39  section thirty-six hundred forty-one of this article.
    40    For the two thousand eighteen--two thousand nineteen school year, each
    41  school  district  shall  be  entitled  to  an apportionment equal to the
    42  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    43  under  the  heading  "2017-18 ESTIMATED AIDS" in the school aid computer
    44  listing produced by the commissioner in support of the  budget  for  the
    45  two  thousand  seventeen--two thousand eighteen school year and entitled
    46  "SA171-8", and such apportionment shall be deemed to satisfy  the  state
    47  obligation  to provide an apportionment pursuant to subdivision eight of
    48  section thirty-six hundred forty-one of this article.
    49    For the two thousand nineteen--two thousand twenty school  year,  each
    50  school  district  shall  be  entitled  to  an apportionment equal to the
    51  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    52  under  the  heading  "2018-19 ESTIMATED AIDS" in the school aid computer
    53  listing produced by the commissioner in support of the  budget  for  the
    54  two  thousand  eighteen--two  thousand nineteen school year and entitled
    55  "SA181-9", and such apportionment shall be deemed to satisfy  the  state

        S. 2506--C                         16                         A. 3006--C
 
     1  obligation  to provide an apportionment pursuant to subdivision eight of
     2  section thirty-six hundred forty-one of this article.
     3    For the two thousand twenty--two thousand twenty-one school year, each
     4  school  district  shall  be  entitled  to  an apportionment equal to the
     5  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
     6  under  the  heading  "2019-20 ESTIMATED AIDS" in the school aid computer
     7  listing produced by the commissioner in support of the  budget  for  the
     8  two  thousand  nineteen--two  thousand  twenty  school year and entitled
     9  "SA192-0", and such apportionment shall be deemed to satisfy  the  state
    10  obligation  to provide an apportionment pursuant to subdivision eight of
    11  section thirty-six hundred forty-one of this article.  For the two thou-
    12  sand  twenty-one--two  thousand  twenty-two  school  year,  each  school
    13  district  shall  be entitled to an apportionment equal to the amount set
    14  forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
    15  ing "2020-21 ESTIMATED AIDS" in the school aid computer listing produced
    16  by the commissioner in support of the budget for the two thousand  twen-
    17  ty--two thousand twenty-one school year and entitled "SA202-1", and such
    18  apportionment shall be deemed to satisfy the state obligation to provide
    19  an  apportionment  pursuant  to  subdivision eight of section thirty-six
    20  hundred forty-one of this article.
    21    § 14. Intentionally omitted.
    22    § 14-a. The opening paragraph of subdivision 16 of section 3602 of the
    23  education law, as amended by section 14-e of part A of chapter 56 of the
    24  laws of 2020, is amended to read as follows:
    25    Each school district shall be eligible  to  receive  a  high  tax  aid
    26  apportionment  in the two thousand eight--two thousand nine school year,
    27  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
    28  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    29  tax  aid apportionment or (ii) the product of the apportionment received
    30  by the school district pursuant to this subdivision in the two  thousand
    31  seven--two  thousand  eight  school  year, multiplied by the due-minimum
    32  factor, which shall equal, for districts with an alternate pupil  wealth
    33  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
    34  section that is less than two, seventy percent (0.70), and for all other
    35  districts, fifty percent (0.50). Each school district shall be  eligible
    36  to  receive  a  high tax aid apportionment in the two thousand nine--two
    37  thousand ten through two thousand twelve--two thousand  thirteen  school
    38  years in the amount set forth for such school district as "HIGH TAX AID"
    39  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
    40  listing produced by the commissioner in support of the  budget  for  the
    41  two  thousand  nine--two thousand ten school year and entitled "SA0910".
    42  Each school district shall be eligible to receive a high tax aid  appor-
    43  tionment in the two thousand thirteen--two thousand fourteen through two
    44  thousand   [twenty]  twenty-one--two  thousand  [twenty-one]  twenty-two
    45  school years equal to the greater of (1) the amount set forth  for  such
    46  school  district  as "HIGH TAX AID" under the heading "2008-09 BASE YEAR
    47  AIDS" in the school aid computer listing produced by the commissioner in
    48  support of the budget for the two thousand nine--two thousand ten school
    49  year and entitled "SA0910" or (2) the amount set forth for  such  school
    50  district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
    51  the  school aid computer listing produced by the commissioner in support
    52  of the executive  budget  for  the  2013-14  fiscal  year  and  entitled
    53  "BT131-4".
    54    § 15. Intentionally omitted.
    55    § 16. Intentionally omitted.
    56    § 16-a. Intentionally omitted.

        S. 2506--C                         17                         A. 3006--C
 
     1    §  17.  Subdivision 19 of section 3602 of the education law is amended
     2  by adding a new paragraph c to read as follows:
     3    c.  The  positive  value  of the pandemic adjustment payment reduction
     4  shall not exceed the sum of  moneys  apportioned  pursuant  to  sections
     5  seven  hundred one, seven hundred eleven, seven hundred fifty-one, seven
     6  hundred  fifty-three,  thirty-six  hundred  nine-a,  thirty-six  hundred
     7  nine-b,  thirty-six hundred nine-d, thirty-six hundred nine-f, and thir-
     8  ty-six hundred nine-h for the two thousand twenty--two thousand  twenty-
     9  one school year for any school district.
    10    § 18. Intentionally omitted.
    11    § 19. Intentionally omitted.
    12    §  20.  Subdivisions  6  and 7 of section 3622-a of the education law,
    13  subdivision 6 as amended by section 47 of part A of chapter  58  of  the
    14  laws  of  2011  and subdivision 7 as added by chapter 422 of the laws of
    15  2004, are amended and two new subdivisions 8 and 9 are added to read  as
    16  follows:
    17    6.  Transportation  of  pupils  to  and  from  approved  summer school
    18  programs operated by a school district in the two thousand--two thousand
    19  one school year and thereafter, provided, however,  that  if  the  total
    20  statewide   apportionment   attributable   to  allowable  transportation
    21  expenses incurred pursuant to  this  subdivision  exceeds  five  million
    22  dollars  ($5,000,000),  individual  school district allocations shall be
    23  prorated to ensure that the apportionment for such summer transportation
    24  does not exceed five million dollars ($5,000,000),  provided  that  such
    25  prorated  apportionment  computed and payable as of September one of the
    26  school year immediately following the school year for which such aid  is
    27  claimed shall be deemed final and not subject to change; [and]
    28    7.  Transportation  provided  pursuant  to  section thirty-six hundred
    29  thirty-five-b of this article[.];
    30    8. Notwithstanding any inconsistent provision of  law,  transportation
    31  provided  in  the two thousand nineteen--two thousand twenty school year
    32  during the state disaster emergency declared pursuant to executive order
    33  202 of 2020, provided that  transportation was provided during the  time
    34  period  of  school building closures ordered pursuant to executive order
    35  202 of 2020. Such aidable transportation shall include transportation of
    36  meals, educational materials and supplies to students,  and  transporta-
    37  tion to provide students with internet access; and
    38    9.  Notwithstanding  any  inconsistent  provision of law, expenditures
    39  made for transportation during the period between the issuance of execu-
    40  tive order 202.4 on March sixteenth, two thousand twenty and  the  issu-
    41  ance  of  executive  order  202.28  on May seventh, two thousand twenty,
    42  without regard to whether such transportation was provided.
    43    § 21. Intentionally omitted.
    44    § 22. Section 3623-a of the education law is amended by adding  a  new
    45  subdivision 4 to read as follows:
    46    4.  Notwithstanding  the  provisions  of  this  section  or  any other
    47  provision of law to the contrary, for the computation of  transportation
    48  aid  pursuant  to the requirements of subdivision seven of section thir-
    49  ty-six hundred two of this article,  allowable  transportation  expenses
    50  shall also include transportation operating expenses described in subdi-
    51  vision  one of this section and transportation capital, debt service and
    52  lease expenses described in subdivision two of this section incurred  in
    53  the  two  thousand nineteen--two thousand twenty school year: (i) during
    54  the state disaster emergency declared pursuant to executive order 202 of
    55  2020 in the case of expenses pursuant to subdivision  eight  of  section
    56  thirty-six hundred twenty-two-a of this part; and (ii) during the period

        S. 2506--C                         18                         A. 3006--C
 
     1  between  the  issuance  of executive order 202.4 on March sixteenth, two
     2  thousand twenty and the  issuance  of  executive  order  202.28  on  May
     3  seventh,  two thousand twenty in the case of expenses pursuant to subdi-
     4  vision  nine  of  section  thirty-six hundred twenty-two-a of this part.
     5  Such expenses shall be  allowable  transportation  expenses  even  where
     6  aidable  regular transportation as defined in section thirty-six hundred
     7  twenty-two-a  of  this  part of transportation after four pm pursuant to
     8  section thirty-six hundred twenty-seven of this part was not provided.
     9    § 22-a. Subdivision 8 of section 4410 of the education law, as amended
    10  by chapter 474 of the laws of 1996, is amended to read as follows:
    11    8. Transportation. The municipality in which a preschool child resides
    12  shall, beginning with the first day of service, provide either  directly
    13  or  by contract for suitable transportation, as determined by the board,
    14  to and from special services or programs; provided, however, that if the
    15  municipality is a city with a population of one million or more  persons
    16  the  municipality may delegate the authority to provide such transporta-
    17  tion to the board; and provided further, that prior  to  providing  such
    18  transportation  directly  or  contracting with another entity to provide
    19  such transportation,  such  municipality  or  board  shall  request  and
    20  encourage  the  parents  to  transport their children at public expense,
    21  where cost-effective, at a rate per mile or a public service fare estab-
    22  lished by the municipality and approved by the commissioner.  Except  as
    23  otherwise  provided  in this section, the parents' inability or declina-
    24  tion to transport their child  shall  in  no  way  [effect]  affect  the
    25  municipality's   or   board's   responsibility  to  provide  recommended
    26  services. Such transportation shall be  provided  once  daily  from  the
    27  child  care  location  to  the special service or program and once daily
    28  from the special service or program to the child  care  location  up  to
    29  fifty miles from the child care location. If the board determines that a
    30  child  must  receive special services and programs at a location greater
    31  than fifty miles from the child care location, it shall request approval
    32  of the commissioner. For the purposes  of  this  subdivision,  the  term
    33  "child  care  location"  shall mean a child's home or a place where care
    34  for less than twenty-four hours a day is provided on a regular basis and
    35  includes, but is not limited to, a variety of child care  services  such
    36  as  day  care centers, family day care homes and in-home care by persons
    37  other than  parents.  All  transportation  of  such  children  shall  be
    38  provided  pursuant  to  the  procedures set forth in section two hundred
    39  thirty-six of the family court act using the  date  called  for  in  the
    40  written  notice of determination of the board or the date of the written
    41  notice of determination of the board, whichever comes later, in lieu  of
    42  the  date  the court order was issued.  Notwithstanding this subdivision
    43  or any  provision  of  law  to  the  contrary,  transportation  expenses
    44  incurred  by a municipality for operating and maintenance costs pursuant
    45  to this subdivision during the period between the issuance of  executive
    46  order  202.4 on March sixteenth, two thousand twenty and the issuance of
    47  executive order 202.28 on May seventh,  two  thousand  twenty  shall  be
    48  reimbursable  and  considered  approved  costs  in  accordance  with the
    49  provisions of this section and the regulations of the commissioner.
    50    § 22-b. Notwithstanding any other provision of law, rule or regulation
    51  to the contrary, a child who resides within a county, in a  city  school
    52  district  located  in a city having a population of one million or more,
    53  that has a population of less than one million and  who  resides  in  an
    54  area  containing  at  least three hundred children within a one and one-
    55  half mile radius shall be provided transportation  pursuant  to  section
    56  3627 of the education law without regard to like circumstances.

        S. 2506--C                         19                         A. 3006--C
 
     1    §  23.  Subdivision  16  of  section  3602-ee of the education law, as
     2  amended by section 22 of part A of chapter 56 of the laws  of  2020,  is
     3  amended to read as follows:
     4    16.  The authority of the department to administer the universal full-
     5  day pre-kindergarten program shall expire June thirtieth,  two  thousand
     6  [twenty-one]  twenty-two;  provided  that the program shall continue and
     7  remain in full effect.
     8    § 23-a. Subdivision 4 of section 51 of part B of  chapter  57  of  the
     9  laws  of 2008 amending the education law relating to the universal prek-
    10  indergarten program, as amended by section 22-a of part A of chapter  56
    11  of the laws of 2020, is amended to read as follows:
    12    4. section twenty-three of this act shall take effect July 1, 2008 and
    13  shall expire and be deemed repealed June 30, [2021] 2022;
    14    § 23-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
    15  3602-ee  of  the  education law, as amended by section 22-b of part A of
    16  chapter 56 of the laws of 2020, is amended to read as follows:
    17    (ii) Provided that, notwithstanding any provisions of  this  paragraph
    18  to  the  contrary,  for the two thousand seventeen-two thousand eighteen
    19  through the two thousand [twenty] twenty-one--two thousand  [twenty-one]
    20  twenty-two school years an exemption to the certification requirement of
    21  subparagraph  (i)  of  this  paragraph may be made for a teacher without
    22  certification valid for  service  in  the  early  childhood  grades  who
    23  possesses  a written plan to obtain certification and who has registered
    24  in the ASPIRE workforce registry as required under  regulations  of  the
    25  commissioner  of  the  office  of children and family services. Notwith-
    26  standing any exemption  provided  by  this  subparagraph,  certification
    27  shall be required for employment no later than June thirtieth, two thou-
    28  sand  [twenty-one] twenty-two; provided that for the two thousand [twen-
    29  ty]twenty-one--two thousand [twenty-one] twenty-two school year,  school
    30  districts  with  teachers  seeking  an  exemption  to  the certification
    31  requirement of subparagraph (i) of this paragraph shall submit a  report
    32  to the commissioner regarding (A) the barriers to certification, if any,
    33  (B)  the  number  of uncertified teachers registered in the ASPIRE work-
    34  force registry teaching  pre-kindergarten  in  the  district,  including
    35  those  employed  by  a  community-based  organization, (C) the number of
    36  previously uncertified teachers  who  have  completed  certification  as
    37  required  by  this  subdivision,  and  (D)  the  expected  certification
    38  completion date of such teachers.
    39    § 23-c. Subdivision 10 of section 3602-e  of  the  education  law,  as
    40  amended  by  section 10-a of part YYY of chapter 59 of the laws of 2019,
    41  is amended to read as follows:
    42    10. Universal prekindergarten aid. Notwithstanding  any  provision  of
    43  law to the contrary,
    44    (i)  for  aid  payable  in  the  two thousand eight--two thousand nine
    45  school year, the grant to each eligible school  district  for  universal
    46  prekindergarten aid shall be computed pursuant to this subdivision, and
    47    (ii)  for  the  two  thousand  nine--two thousand ten and two thousand
    48  ten--two thousand eleven school years, each  school  district  shall  be
    49  eligible  for  a  maximum  grant  equal  to the amount computed for such
    50  school district for the base year in the electronic data  file  produced
    51  by  the  commissioner  in support of the two thousand nine--two thousand
    52  ten education, labor and family assistance  budget,  provided,  however,
    53  that  in the case of a district implementing programs for the first time
    54  or implementing expansion programs in the two thousand eight--two  thou-
    55  sand nine school year where such programs operate for a minimum of nine-
    56  ty  days  in  any  one school year as provided in section 151-1.4 of the

        S. 2506--C                         20                         A. 3006--C
 
     1  regulations of the commissioner, for the two thousand nine--two thousand
     2  ten and two thousand ten--two thousand eleven school years, such  school
     3  district  shall  be  eligible  for  a  maximum grant equal to the amount
     4  computed  pursuant to paragraph a of subdivision nine of this section in
     5  the two thousand eight--two thousand nine school year, and
     6    (iii) for the two thousand eleven--two  thousand  twelve  school  year
     7  each  school district shall be eligible for a maximum grant equal to the
     8  amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
     9  under the heading "2011-12 ESTIMATED AIDS" in the  school  aid  computer
    10  listing  produced  by  the commissioner in support of the enacted budget
    11  for the 2011-12 school year and entitled "SA111-2", and
    12    (iv) for two thousand twelve--two thousand thirteen through two  thou-
    13  sand  sixteen--two  thousand seventeen school years each school district
    14  shall be eligible for a maximum grant equal to the greater  of  (A)  the
    15  amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
    16  under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid computer
    17  listing produced by the commissioner in support of  the  enacted  budget
    18  for  the  2011-12  school year and entitled "SA111-2", or (B) the amount
    19  set forth for such school district as "UNIVERSAL PREKINDERGARTEN"  under
    20  the  heading "2010-11 BASE YEAR AIDS" in the school aid computer listing
    21  produced by the commissioner  on  May  fifteenth,  two  thousand  eleven
    22  pursuant  to  paragraph  b  of  subdivision  twenty-one of section three
    23  hundred five of this chapter, and
    24    (v) for the two thousand  seventeen--two  thousand  eighteen  and  two
    25  thousand  eighteen--two  thousand  nineteen  school  years,  each school
    26  district shall be eligible to receive a grant amount equal to the sum of
    27  (A) the amount set forth for such school district as "UNIVERSAL  PREKIN-
    28  DERGARTEN"  under the heading "2016-17 ESTIMATED AIDS" in the school aid
    29  computer listing produced by the commissioner in support of the  enacted
    30  budget  for the two thousand sixteen--two thousand seventeen school year
    31  and entitled "SA161-7" plus  (B)  the  amount  awarded  to  such  school
    32  district for the priority full-day prekindergarten and expanded half-day
    33  prekindergarten  grant  program for high need students for the two thou-
    34  sand sixteen--two thousand seventeen school  year  pursuant  to  chapter
    35  fifty-three  of  the  laws  of  two thousand thirteen, provided that for
    36  purposes of calculating the maintenance of effort reduction in  subdivi-
    37  sion  eleven  of  this  section grant amounts shall be the four-year-old
    38  grant amount, and
    39    (vi) for the two thousand nineteen--two thousand twenty  school  year,
    40  each  school  district shall be eligible to receive a grant amount equal
    41  to the sum of (A) the amount set  forth  for  such  school  district  as
    42  "UNIVERSAL  PREKINDERGARTEN" in the school aid computer listing produced
    43  by the commissioner in support of the enacted budget for the  two  thou-
    44  sand  eighteen--two  thousand  nineteen  school year plus (B) the amount
    45  awarded to such school district for the  federal  preschool  development
    46  expansion  grant  for  the two thousand seventeen--two thousand eighteen
    47  school year pursuant to the American Recovery and  Reinvestment  Act  of
    48  2009  (ARRA),  Sections  14005, 14006, and 14013, Title XIV, (Public Law
    49  112-10), as amended by section 1832(b) of Division B of  the  Department
    50  of  Defense  and  Full-Year Continuing Appropriations Act, 2011 (Pub. L.
    51  112-10), and the Department of Education Appropriations Act, 2012 (Title
    52  III Division F of Pub. L. 112-74, the Consolidated  Appropriations  Act,
    53  2012)  plus  (C)  the  amount  awarded  to  such school district for the
    54  expanded prekindergarten program for three and four  year-olds  for  the
    55  two  thousand  eighteen--two  thousand  nineteen school year pursuant to
    56  chapter sixty-one of the laws of  two  thousand  fifteen  plus  (D)  the

        S. 2506--C                         21                         A. 3006--C
 
     1  amount  awarded to such school district for the expanded prekindergarten
     2  for three-year-olds in high need districts program for the two  thousand
     3  eighteen--two  thousand  nineteen school year pursuant to chapter fifty-
     4  three of the laws of two thousand sixteen plus (E) the amount awarded to
     5  such school district for the expanded prekindergarten program for three-
     6  and  four-year-olds for the two thousand eighteen--two thousand nineteen
     7  school year pursuant to a chapter of the laws of two thousand  seventeen
     8  plus  (F)  the  amount  awarded  to  such school district, subject to an
     9  available appropriation, through the  pre-kindergarten  expansion  grant
    10  for  the  two  thousand  eighteen--two  thousand  nineteen  school year,
    11  provided that such school district has met all requirements pursuant  to
    12  this  section  and for purposes of calculating the maintenance of effort
    13  reduction in subdivision eleven of this section that such grant  amounts
    14  shall  be  divided into a four-year-old grant amount based on the amount
    15  each district was eligible to receive in the base year  to  serve  four-
    16  year-old  prekindergarten pupils and a three-year-old grant amount based
    17  on the amount each district was eligible to receive in the base year  to
    18  serve three-year-old pupils, and
    19    (vii) for the two thousand twenty--two thousand twenty-one school year
    20  [and  thereafter],  each  school district shall be eligible to receive a
    21  grant amount equal to [the sum of (A)] the amount  set  forth  for  such
    22  school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
    23  er  file  produced  by the commissioner in support of the enacted budget
    24  for the prior year [plus (B) the amount awarded to such school district,
    25  subject to an  available  appropriation,  through  the  pre-kindergarten
    26  expansion  grant  for the prior year, provided that such school district
    27  has met all requirements pursuant to this section and  for  purposes  of
    28  calculating the maintenance of effort reduction in subdivision eleven of
    29  this  section that such grant amounts shall be divided into a four-year-
    30  old grant amount based on the  amount  each  district  was  eligible  to
    31  receive  in  the base year to serve four-year-old prekindergarten pupils
    32  and a three-year-old grant amount based on the amount each district  was
    33  eligible  to  receive  in  the base year to serve three-year-old pupils]
    34  excluding amounts subject to section thirty-six hundred two-ee  of  this
    35  part,  and  provided further that the maximum grant shall not exceed the
    36  total actual grant expenditures incurred by the school district  in  the
    37  current school year as approved by the commissioner, and
    38    (viii) for the two thousand twenty-one--two thousand twenty-two school
    39  year and thereafter, each school district shall be eligible to receive a
    40  grant  amount  equal  to  the  sum  of (A) the amount set forth for such
    41  school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
    42  er file produced by the commissioner in support of  the  enacted  budget
    43  for  the  prior  year  excluding  amounts  subject to section thirty-six
    44  hundred two-ee of this part and further excluding amounts paid  pursuant
    45  to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
    46  Universal  Prekindergarten  Expansion  added  pursuant to paragraph e of
    47  subdivision nineteen of this section, provided that such school district
    48  has met all requirements pursuant to this section and such grants  shall
    49  be  added  into  a  four-year-old  grant amount based on the amount each
    50  district was eligible to receive in the base year to serve four-year-old
    51  prekindergarten pupils, plus (C)  the  amount  awarded  to  such  school
    52  district,  subject to an available appropriation, through the prekinder-
    53  garten expansion grant for the prior year,  provided  that  such  school
    54  district  has  met  all  requirements  pursuant  to this section and for
    55  purposes of calculating the maintenance of effort reduction in  subdivi-
    56  sion  eleven  of  this  section that such grant amounts shall be divided

        S. 2506--C                         22                         A. 3006--C
 
     1  into a four-year-old grant amount based on the amount each district  was
     2  eligible  to  receive in the base year to serve four-year-old prekinder-
     3  garten pupils and a three-year-old grant amount based on the amount each
     4  district  was  eligible to receive in the base year to serve three-year-
     5  old pupils, and provided further that the maximum grant shall not exceed
     6  the total actual grant expenditures incurred by the school  district  in
     7  the current school year as approved by the commissioner.
     8    a.  Each  school  district  shall  be eligible to serve the sum of (i)
     9  eligible full-day four-year-old prekindergarten pupils plus (ii)  eligi-
    10  ble  half-day  four-year-old  prekindergarten pupils plus (iii) eligible
    11  full-day three-year-old prekindergarten pupils plus (iv) eligible  half-
    12  day three-year-old prekindergarten pupils.
    13    b. For purposes of paragraph a of this subdivision:
    14    (i)  "Selected  aid per prekindergarten pupil" shall equal the greater
    15  of (A) the product of five-tenths and  the  school  district's  selected
    16  foundation  aid for the current year, or (B) the aid per prekindergarten
    17  pupil calculated pursuant to this subdivision for the two thousand  six-
    18  two thousand seven school year, based on data on file for the school aid
    19  computer  listing produced by the commissioner in support of the enacted
    20  budget for the two thousand six--two  thousand  seven  school  year  and
    21  entitled  "SA060-7"; provided, however, that in the two thousand eight--
    22  two thousand nine school year, a city school district in a city having a
    23  population of one million inhabitants or more shall not be  eligible  to
    24  select  aid  per  prekindergarten  pupil  pursuant to clause (A) of this
    25  subparagraph;
    26    (ii) (1)  "Eligible  Full-day  four-year-old  prekindergarten  pupils"
    27  shall equal:
    28    For  the two thousand seventeen--two thousand eighteen school year the
    29  sum of, from the priority  full-day  prekindergarten  program,  (A)  the
    30  maximum  aidable  pupils such district was eligible to serve in the base
    31  year plus (B) the maximum aidable  number  of  half-day  prekindergarten
    32  pupils converted into a full-day prekindergarten pupil in the base year;
    33    For  the  two thousand eighteen--two thousand nineteen school year the
    34  sum of, from the programs pursuant to  this  section,  (A)  the  maximum
    35  aidable  full-day  prekindergarten  pupils such district was eligible to
    36  serve in the base year plus (B) the maximum aidable number  of  half-day
    37  prekindergarten pupils converted into full-day prekindergarten pupils in
    38  the base year;
    39    For the two thousand nineteen--two thousand twenty school year the sum
    40  of,  from  each  of  (A)  the programs pursuant to this section, (B) the
    41  federal preschool development expansion grant, (C) the expanded  prekin-
    42  dergarten  program,  (D) the expanded prekindergarten program for three-
    43  and four-year-olds, and (E) the prekindergarten expansion grant, (1) the
    44  maximum  aidable  full-day  four-year-old  prekindergarten  pupils  such
    45  district  was  eligible  to serve in the base year, plus (2) the maximum
    46  aidable  number  of  half-day   four-year-old   prekindergarten   pupils
    47  converted into full-day prekindergarten pupils in the base year;
    48    For  the two thousand twenty--two thousand twenty-one school year [and
    49  thereafter] the sum of, from each of (A) the programs pursuant  to  this
    50  section  and  (B)  the pre-kindergarten expansion grant, (1) the maximum
    51  aidable full-day four-year-old prekindergarten pupils such district  was
    52  eligible  to serve in the base year, plus (2) the maximum aidable number
    53  of half-day four-year-old prekindergarten pupils converted into full-day
    54  prekindergarten pupils in the base year;
    55    For the two thousand twenty-one--two thousand twenty-two  school  year
    56  and  thereafter, the sum of, from the programs pursuant to this subdivi-

        S. 2506--C                         23                         A. 3006--C

     1  sion, (1) the maximum  aidable  full-day  four-year-old  prekindergarten
     2  pupils  such  district  was eligible to serve in the base year, plus (2)
     3  the maximum aidable number  of  half-day  four-year-old  prekindergarten
     4  pupils  converted into full-day prekindergarten pupils in the base year,
     5  plus (3) expansion slots added pursuant to paragraph  e  of  subdivision
     6  nineteen of this section.
     7    (2)  "Eligible  full-day  three-year-old prekindergarten pupils" shall
     8  equal:
     9    For the two thousand nineteen--two thousand twenty  school  year,  the
    10  sum  of,  from each of (A) the expanded prekindergarten program, (B) the
    11  expanded prekindergarten program for three-year-olds, (C)  the  expanded
    12  prekindergarten program for three- and four-year-olds, and (D) the prek-
    13  indergarten  expansion  grant,  (1)  the maximum aidable full-day three-
    14  year-old prekindergarten pupils such district was eligible to  serve  in
    15  the  base  year,  plus (2) the maximum aidable number of half-day three-
    16  year-old prekindergarten pupils converted into full-day  prekindergarten
    17  pupils in the base year;
    18    For  the  two thousand twenty--two thousand twenty-one school year and
    19  thereafter, the sum of, from each of (A) the programs pursuant  to  this
    20  section,  and  (B)  the prekindergarten expansion grant, (1) the maximum
    21  aidable full-day three-year-old prekindergarten pupils such district was
    22  eligible to serve in the base year, plus (2) the maximum aidable  number
    23  of  half-day  three-year-old prekindergarten pupils converted into full-
    24  day prekindergarten pupils in the base year;
    25    (iii) (1) "Eligible  half-day  four-year-old  prekindergarten  pupils"
    26  shall equal:
    27    For  the two thousand seventeen--two thousand eighteen school year the
    28  sum of the maximum aidable half-day prekindergarten pupils such district
    29  was eligible to serve for the base year from (A) the program pursuant to
    30  this section plus such pupils from (B) the priority full-day  prekinder-
    31  garten  program,  less the maximum aidable number of half-day prekinder-
    32  garten pupils converted into full-day prekindergarten pupils  under  the
    33  priority full-day prekindergarten program for the base year;
    34    For  the two thousand eighteen--two thousand nineteen school year, the
    35  maximum aidable half-day prekindergarten pupils such district was eligi-
    36  ble to serve for the  base  year  from  the  program  pursuant  to  this
    37  section;
    38    For  the  two  thousand nineteen--two thousand twenty school year, the
    39  sum of the maximum aidable half-day four-year-old prekindergarten pupils
    40  such district was eligible to serve for  the  base  year  from  (A)  the
    41  program  pursuant to this section plus such pupils from (B) the expanded
    42  prekindergarten program plus such pupils from (C) the  expanded  prekin-
    43  dergarten  program  for  three- and four-year-olds plus such pupils from
    44  (D) the prekindergarten expansion grant, less the  sum  of  the  maximum
    45  aidable   number   of   half-day  four-year-old  prekindergarten  pupils
    46  converted into full-day four-year-old prekindergarten pupils under  each
    47  of (1) the federal preschool expansion grant for the base year plus such
    48  pupils  from  (2)  the expanded prekindergarten program plus such pupils
    49  from (3) the expanded prekindergarten program for three- and  four-year-
    50  olds  plus  such pupils from (4) the prekindergarten expansion grant for
    51  the base year;
    52    For the two thousand twenty--two thousand twenty-one school  year  and
    53  thereafter,  the sum of the maximum aidable half-day four-year-old prek-
    54  indergarten pupils such district was eligible to serve for the base year
    55  from (A) the program pursuant to this section plus such pupils from  (B)
    56  the pre-kindergarten expansion grant, less the maximum aidable number of

        S. 2506--C                         24                         A. 3006--C
 
     1  half-day  four-year-old  prekindergarten  pupils converted into full-day
     2  four-year-old prekindergarten pupils under the prekindergarten expansion
     3  grant for the base year;
     4    (2)  "Eligible  half-day  three-year-old prekindergarten pupils" shall
     5  equal:
     6    For the two thousand nineteen--two thousand twenty  school  year,  the
     7  sum  of  the  maximum  aidable  half-day  three-year-old prekindergarten
     8  pupils such district was eligible to serve for the base  year  from  (A)
     9  the  expanded  prekindergarten  program  plus  such  pupils from (B) the
    10  expanded prekindergarten for three-year-olds plus such pupils  from  (C)
    11  the  expanded prekindergarten program for three- and four-year-olds plus
    12  such pupils from (D) the prekindergarten expansion grant, less  the  sum
    13  of the maximum aidable number of half-day three-year-old prekindergarten
    14  pupils  converted  into  full-day  three-year-old prekindergarten pupils
    15  under each of (1) the expanded prekindergarten program plus such  pupils
    16  from  (2)  the  expanded  prekindergarten  for three-year-olds plus such
    17  pupils from (3) the expanded  prekindergarten  program  for  three-  and
    18  four-year-olds  plus  such pupils from (4) the prekindergarten expansion
    19  grant for the base year;
    20    For the two thousand twenty--two thousand twenty-one school  year  and
    21  thereafter, the sum of the maximum aidable half-day three-year-old prek-
    22  indergarten pupils such district was eligible to serve for the base year
    23  from  (A) the program pursuant to this section plus such pupils from (B)
    24  the prekindergarten expansion grant, less the maximum aidable number  of
    25  half-day  three-year-old  prekindergarten pupils converted into full-day
    26  three-year-old prekindergarten pupils under the  prekindergarten  expan-
    27  sion grant for the base year;
    28    (iv)  "Unserved  four-year-old  prekindergarten pupils" shall mean the
    29  product of eighty-five percent multiplied by the positive difference, if
    30  any, between the sum of the public school enrollment and  the  nonpublic
    31  school enrollment of children attending full day and half day kindergar-
    32  ten programs in the district in the year prior to the base year less the
    33  number  of  resident children who attain the age of four before December
    34  first of the base year, who were served during such  school  year  by  a
    35  prekindergarten  program approved pursuant to section forty-four hundred
    36  ten of this chapter, where such services are provided for more than four
    37  hours per day;
    38    (v) (1) "Prekindergarten four-year-old  maintenance  of  effort  base"
    39  shall mean the number of eligible full-day four-year-old prekindergarten
    40  pupils  set forth for the district in this paragraph plus the product of
    41  one half (0.5) multiplied by the number of eligible half-day  four-year-
    42  old prekindergarten pupils set forth for the district in this paragraph;
    43    (2)  "Prekindergarten three-year-old maintenance of effort base" shall
    44  mean the number  of  eligible  full-day  three-year-old  prekindergarten
    45  pupils  set forth for the district in this paragraph plus the product of
    46  one half (0.5) multiplied by the number of eligible half-day three-year-
    47  old prekindergarten pupils set forth for the district in this paragraph;
    48    (vi) (1) "Current year four-year-old  prekindergarten  pupils  served"
    49  shall  mean  the  sum  of  full day four-year-old prekindergarten pupils
    50  served in the current year plus the product of one half (0.5) multiplied
    51  by the half day four-year-old prekindergarten pupils in the current year
    52  less the half-day four-year-old conversion overage;
    53    (2) "Current year three-year-old prekindergarten pupils served"  shall
    54  mean the sum of full day three-year-old prekindergarten pupils served in
    55  the  current  year  plus the product of one half (0.5) multiplied by the

        S. 2506--C                         25                         A. 3006--C
 
     1  half day three-year-old prekindergarten pupils in the current year  less
     2  the half-day three-year-old conversion overage;
     3    (vii) (1) "Half-day four-year-old conversion overage" shall equal, for
     4  districts with thirty percent fewer full-day four-year-old prekindergar-
     5  ten  pupils served in the current year than eligible full-day four-year-
     6  old prekindergarten pupils as set forth in this  paragraph  due  to  the
     7  conversion  of  full-day  four-year-old prekindergarten pupils served in
     8  the current year to half-day four year-old prekindergarten pupils served
     9  in the current year, the  difference  of  the  product  of  seven-tenths
    10  multiplied by the eligible full-day four-year-old prekindergarten pupils
    11  rounded  down  to  the nearest whole number, less the number of full-day
    12  four-year-old prekindergarten pupils served in the current year;
    13    (2) "Half-day three-year-old  conversion  overage"  shall  equal,  for
    14  districts  with  thirty percent fewer full-day three-year-old prekinder-
    15  garten pupils served in the current year than eligible  full-day  three-
    16  year-old  prekindergarten  pupils  as  set  forth in paragraph b of this
    17  subdivision due to the conversion of full-day three-year-old  prekinder-
    18  garten  pupils  served  in  the  current year to half-day three-year-old
    19  prekindergarten pupils served in the current year, the difference of the
    20  product of seven-tenths multiplied by the eligible full-day  three-year-
    21  old  prekindergarten  pupils  rounded  down to the nearest whole number,
    22  less the number of full-day three-year-old prekindergarten pupils served
    23  in the current year;
    24    (3) Provided that a district may apply to the commissioner for a hard-
    25  ship waiver that would allow a district  to  convert  more  than  thirty
    26  percent  of  full-day four-year-old prekindergarten pupils served in the
    27  current year to half-day four-year-old prekindergarten pupils served  in
    28  the  current year or three-year-old prekindergarten pupils served in the
    29  current year to half-day three-year-old prekindergarten pupils served in
    30  the current year and receive funding for such slots. Such  waiver  shall
    31  be  granted  upon  a  demonstration by the school district that due to a
    32  significant change in the resources available to the school district and
    33  absent this hardship waiver, the school  district  would  be  unable  to
    34  serve  such  pupils in prekindergarten programs, without causing signif-
    35  icant disruption to other district programming;
    36    (viii) (1) "Maintenance of effort  factor  for  four-year-olds"  shall
    37  mean  the  quotient arrived at when dividing the current year four-year-
    38  old prekindergarten pupils served by the  prekindergarten  four-year-old
    39  maintenance of effort base;
    40    (2)  "Maintenance of effort factor for three-year-olds" shall mean the
    41  quotient arrived at when dividing the current year three-year-old  prek-
    42  indergarten  pupils served by the prekindergarten three-year-old mainte-
    43  nance of effort base;
    44    (ix) For the purposes of this paragraph:
    45    (A) "Priority full-day prekindergarten program" shall mean the priori-
    46  ty full-day prekindergarten and expanded half-day prekindergarten  grant
    47  program  for  high  need students pursuant to chapter fifty-three of the
    48  laws of two thousand thirteen;
    49    (B) "Federal preschool development expansion  grant"  shall  mean  the
    50  federal  preschool  development expansion grant pursuant to the American
    51  Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and
    52  14013, Title XIV, (Public Law 112-10), as amended by section 1832(b)  of
    53  Division  B of the Department of Defense and Full-Year Continuing Appro-
    54  priations Act, 2011 (Pub. L. 112-10), and the  Department  of  Education
    55  Appropriations  Act,  2012 (Title III Division F of Pub. L.  112-74, the
    56  Consolidated Appropriations Act, 2012);

        S. 2506--C                         26                         A. 3006--C
 
     1    (C) "Expanded prekindergarten program" shall mean the expanded prekin-
     2  dergarten program for three-  and  four-year-olds  pursuant  to  chapter
     3  sixty-one of the laws of two thousand fifteen;
     4    (D)  "Expanded  prekindergarten  for  three-year-olds"  shall mean the
     5  expanded prekindergarten for  three-year-olds  in  high  need  districts
     6  program  pursuant  to  chapter  fifty-three  of the laws of two thousand
     7  sixteen;
     8    (E) "Expanded prekindergarten program for three-  and  four-year-olds"
     9  shall  mean  the  expanded  prekindergarten program for three- and four-
    10  year-olds pursuant to a chapter of the laws of two thousand seventeen;
    11    (F) "Prekindergarten expansion grant" shall mean  the  prekindergarten
    12  expansion  grant  for  the  two thousand eighteen--two thousand nineteen
    13  school year and thereafter, pursuant to  subdivision  eighteen  of  this
    14  section,  to  the extent such program was available subject to appropri-
    15  ation, and provided that such school district has met  all  requirements
    16  pursuant to this section.
    17    c.  Notwithstanding  any  other  provision  of this section, the total
    18  grant payable pursuant to this section shall equal the  lesser  of:  (i)
    19  the  sum of the four-year-old grant amount plus the three-year-old grant
    20  amount computed pursuant to this subdivision for the current year, based
    21  on data on file with the commissioner  as  of  September  first  of  the
    22  school year immediately following or (ii) the total actual grant expend-
    23  itures incurred by the school district as approved by the commissioner.
    24    d. Notwithstanding any other provision of this section, apportionments
    25  under this section greater than the amounts provided in the two thousand
    26  sixteen--two  thousand  seventeen  school  year  shall  only  be used to
    27  supplement and not supplant current local expenditures of state or local
    28  funds on prekindergarten programs and the number  of  eligible  full-day
    29  four-year-old  prekindergarten  pupils and eligible full-day three-year-
    30  old prekindergarten pupils in such programs from such  sources.  Current
    31  local  expenditures  shall  include  any  local expenditures of state or
    32  local funds used to supplement or extend services provided  directly  or
    33  via  contract to eligible children enrolled in a universal prekindergar-
    34  ten program pursuant to this section.
    35    § 23-d. Section 3602-e of the education law is amended by adding a new
    36  subdivision 19 to read as follows:
    37    19. Full-day four-year-old  universal  prekindergarten  expansion.  a.
    38  Allocation.  For  the  two  thousand twenty-one--two thousand twenty-two
    39  through  two-thousand  twenty-three--two  thousand  twenty-four   school
    40  years,  school  districts  shall  be  eligible to receive a grant amount
    41  equal to twice the product of expansion slots multiplied by selected aid
    42  per prekindergarten pupil calculated pursuant to subparagraph i of para-
    43  graph b of subdivision ten of this section for the two thousand  twenty-
    44  one--two thousand twenty-two school year, and provided further that this
    45  allocation  shall  not  exceed  the  total actual full-day four-year-old
    46  universal prekindergarten expansion grant expenditures incurred  by  the
    47  school  district  in  the current school year as approved by the commis-
    48  sioner. Grantees awarded funds under this subdivision shall comply  with
    49  all  of the same rules and requirements as the universal prekindergarten
    50  programs pursuant to this section.
    51    b. Expansion slots. (i) For the two thousand twenty-one--two  thousand
    52  twenty-two  school  year, for eligible school districts, the preliminary
    53  slot count shall be equal to the positive difference of: (1) the product
    54  of three thousand five hundred and  four  ten-thousandths  (0.3504)  and
    55  unserved  four-year-old  prekindergarten  pupils  calculated pursuant to
    56  subparagraph (iv) of paragraph b of subdivision  ten  of  this  section;

        S. 2506--C                         27                         A. 3006--C
 
     1  less  (2)  the sum of: (A) full-day four-year-old prekindergarten pupils
     2  served in the two thousand nineteen--two  thousand  twenty  school  year
     3  pursuant  to  this section; plus (B) students served in full-day prekin-
     4  dergarten  programs  funded  by  grants  pursuant  to section thirty-six
     5  hundred two-ee of this part in the year prior to the base year. If  such
     6  preliminary  slot  count  is less than ten, the expansion slots shall be
     7  zero; if such preliminary slot count is greater than or equal to ten but
     8  less than twenty, the expansion slots shall be  twenty;  for  all  other
     9  eligible  districts,  the expansion slots shall equal to the preliminary
    10  slot count.
    11    c. Eligibility. (i) For  the  two  thousand  twenty-one--two  thousand
    12  twenty-two  school  year,  school  districts  shall be eligible for this
    13  expansion if: (1) the combined wealth ratio computed pursuant to subpar-
    14  agraph one of paragraph c of subdivision  three  of  section  thirty-six
    15  hundred  two  of  this part is less than two (2.0); and (2) the quotient
    16  arrived at when dividing: (A) the sum  of:  (1)  full-day  and  half-day
    17  four-year-old  prekindergarten  pupils  served in the two thousand nine-
    18  teen--two thousand twenty school year pursuant to this section; plus (2)
    19  students served in full-day prekindergarten programs  funded  by  grants
    20  pursuant  to  section thirty-six hundred  two-ee of this part in the two
    21  thousand nineteen--two thousand  twenty  school  year;  divided  by  (B)
    22  unserved  four-year-old  prekindergarten  pupils  calculated pursuant to
    23  subparagraph (iv) of paragraph b of subdivision ten of this  section  is
    24  less than five tenths (0.50).
    25    d.  Maintenance  of effort. Where a school district serves fewer four-
    26  year-old prekindergarten pupils in full-day programs funded by the full-
    27  day four-year-old universal prekindergarten expansion pursuant  to  this
    28  subdivision than the number of expansion slots as defined in paragraph b
    29  of  this  subdivision,  the  school district shall have its current year
    30  full-day  four-year-old  universal  prekindergarten  expansion   payment
    31  reduced  to  an  amount  equal to the product of: (i) the full-day four-
    32  year-old universal prekindergarten expansion;  multiplied  by  (ii)  the
    33  quotient  of  four-year-old  prekindergarten  pupils  served in programs
    34  funded by the full-day four-year-old universal prekindergarten expansion
    35  divided by the number of expansion slots.  Funds  provided  pursuant  to
    36  this  subdivision  shall  only  be  used  to supplement and not supplant
    37  current local expenditures of state or local  funds  on  prekindergarten
    38  programs.
    39    e.  Universal  prekindergarten program consolidation. In the event the
    40  director of the budget determines that the  available  appropriation  of
    41  federal funds is insufficient for the allocation pursuant to this subdi-
    42  vision, the difference between the available appropriation and the allo-
    43  cation  shall  be added to universal prekindergarten aid grants pursuant
    44  to subdivision ten of this section. The department shall determine which
    45  and how many grants shall be awarded pursuant to subdivision ten of this
    46  section in lieu of this subdivision  provided  that  such  determination
    47  shall  be  subject  to  the  approval of the director of the budget. The
    48  corresponding number of expansion slots shall also be added to  eligible
    49  full-day four-year-old prekindergarten pupils as defined in subparagraph
    50  (ii)  of paragraph b of subdivision ten of this section to ensure conti-
    51  nuity of services. Provided that for the two  thousand  twenty-four--two
    52  thousand  twenty-five  school year, any full-day four-year-old universal
    53  prekindergarten   expansion allocation from  the  two  thousand  twenty-
    54  three--two  thousand  twenty-four  school  year  not previously added to
    55  universal prekindergarten aid grants pursuant to this paragraph shall be

        S. 2506--C                         28                         A. 3006--C
 
     1  so added, and all expansion slots not previously added to eligible full-
     2  day four-year-old prekindergarten pupils shall also be added.
     3    f.  Future  expansions.  Within  the  additional  amounts appropriated
     4  therefor in the state budgets enacted for the two thousand  twenty-two--
     5  two  thousand  twenty-three  and two thousand twenty-three--two thousand
     6  twenty-four fiscal years, additional grants shall be allocated  pursuant
     7  to this subdivision.
     8    g. Notwithstanding any inconsistent provision of law, for the purposes
     9  of  determining  the  prekindergarten  allocation on the electronic data
    10  file prepared by the commissioner pursuant to subdivision twenty-one  of
    11  section  three hundred five of this chapter for the two thousand twenty-
    12  one--two thousand  twenty-two  through  two  thousand  twenty-three--two
    13  thousand  twenty-four  school  years,  the  commissioner  is directed to
    14  include the grant amounts awarded pursuant to this section in the amount
    15  set forth for such school district as "UNIVERSAL PRE-KINDERGARTEN."
    16    § 24. Intentionally omitted.
    17    § 24-a. All the acts done and proceedings heretofore had and taken  or
    18  caused  to  be  had  and  taken  by (a) the Huntington union free school
    19  district and by all  of  its  officers  or  agents  relating  to  or  in
    20  connection  with  final  building cost reports required to be filed with
    21  the state education department for approved building projects  completed
    22  prior  to  December  31, 2011, (b) the Liverpool central school district
    23  and by all its officers or agents relating  to  or  in  connection  with
    24  certain  final cost reports to be filed with the state education depart-
    25  ment for projects  0001-003,  0001-005,  0002-007,  0003-003,  0003-005,
    26  0004-005,  0005-006,  0007-003,  0009-004, 0009-006, 0010-005, 0010-007,
    27  0012-003, 0014-005, 0015-003, 0016-007,  0016-010,  0016-011,  0018-008,
    28  0018-010,  0019-007, 0024-004, 4011-001, and 5008-002, and (c) the Marl-
    29  boro central school district, and by all its officers or agents relating
    30  to or in connection with certain final cost reports to be filed with the
    31  state education department for project number 006-005 and all acts inci-
    32  dental thereto are hereby legalized, validated, ratified and  confirmed,
    33  notwithstanding  any  failure  to  comply  with  the approval and filing
    34  provisions of the education law or any other law or any other  statutory
    35  authority,  rule  or  regulation,  in  relation  to any omission, error,
    36  defect, irregularity or illegality in such proceedings had and taken.
    37    § 24-b. Notwithstanding section 24-a of part A of chapter  57  of  the
    38  laws of 2013, and consistent with section twenty-four-a of this act, the
    39  commissioner  of  education  shall not recover from the Huntington union
    40  free school district, the Liverpool  central  school  district,  or  the
    41  Marlboro  central  school  district  any  penalty  arising from the late
    42  filing of a final cost report pursuant to section 31 of part A of  chap-
    43  ter  57 of the laws of 2012, provided that any amounts already so recov-
    44  ered shall be deemed a payment of moneys due for prior years pursuant to
    45  paragraph c of subdivision 5 of section 3604 of the  education  law  and
    46  shall  be  paid  to the appropriate district pursuant to such provision,
    47  provided that such school district: (a) submitted the  late  or  missing
    48  final  building  cost  report to the commissioner of education; (b) such
    49  cost report is approved by the commissioner of education; (c) all  state
    50  funds  expended  by  the  school  district,  as  documented in such cost
    51  report, were properly expended for such building project  in  accordance
    52  with  the  terms  and  conditions  for  such  project as approved by the
    53  commissioner of education; and (d) the failure to submit such report  in
    54  a  timely  manner was an inadvertent administrative or ministerial over-
    55  sight by the school district, and there is no evidence of any fraudulent
    56  or other improper intent by such district.

        S. 2506--C                         29                         A. 3006--C
 
     1    § 24-c. All the acts done and proceedings heretofore had and taken  or
     2  caused  to  be  had  and  taken by the Cold Spring Harbor central school
     3  district and by  all  officers,  employees  or  agents  of  such  school
     4  district  relating  to  or  in connection with a transportation contract
     5  E259217  of  the 2013-14 school year, and all acts incidental hereto are
     6  hereby legalized, validated, ratified and confirmed, notwithstanding any
     7  failure  to  comply  with  the  contract  award,  approval  and   filing
     8  provisions  of the education law, the general municipal law or any other
     9  law or any other statutory authority, rule  or  regulation,  other  than
    10  those  filing  provisions  defined  in  paragraph  a of subdivision 5 of
    11  section 3604 of the education law, in relation to any  omission,  error,
    12  defect,  irregularity or illegality in such proceeding had and taken and
    13  provided that the failure to submit a transportation contract in a time-
    14  ly manner was an inadvertent administrative or ministerial oversight  by
    15  the school district, and there is no evidence of any fraudulent or other
    16  improper intent by such district.
    17    §  24-d. The state education department is hereby directed to consider
    18  the aforementioned contract for transportation aid as valid  and  proper
    19  obligations  of the Cold Spring Harbor central school district and shall
    20  not recover from such school districts  any  penalty  arising  from  the
    21  failure to submit a transportation contract in a timely manner, provided
    22  that  any  amounts  already  so  recovered  shall be deemed a payment of
    23  moneys due for prior years pursuant to paragraph c of subdivision  5  of
    24  section  3604  of  the  education  law  and  shall be paid to the school
    25  district pursuant to such provision.
    26    § 25. Intentionally omitted.
    27    § 26. The opening paragraph of section 3609-a of the education law, as
    28  amended by section 24 of part A of chapter 56 of the laws  of  2020,  is
    29  amended to read as follows:
    30    For  aid  payable in the two thousand seven--two thousand eight school
    31  year through the two thousand [twenty] twenty-one--two  thousand  [twen-
    32  ty-one]  twenty-two  school  year,  "moneys  apportioned" shall mean the
    33  lesser of (i) the sum of one hundred percent of  the  respective  amount
    34  set  forth  for each school district as payable pursuant to this section
    35  in the school aid computer listing for the current year produced by  the
    36  commissioner  in  support of the budget which includes the appropriation
    37  for the general support for public schools for the  prescribed  payments
    38  and  individualized  payments  due  prior to April first for the current
    39  year plus the apportionment  payable  during  the  current  school  year
    40  pursuant  to  subdivision six-a and subdivision fifteen of section thir-
    41  ty-six hundred two of this part minus any  reductions  to  current  year
    42  aids pursuant to subdivision seven of section thirty-six hundred four of
    43  this  part  or any deduction from apportionment payable pursuant to this
    44  chapter for collection  of  a  school  district  basic  contribution  as
    45  defined  in  subdivision eight of section forty-four hundred one of this
    46  chapter, less any grants provided  pursuant  to  subparagraph  two-a  of
    47  paragraph  b  of  subdivision  four of section ninety-two-c of the state
    48  finance law, less any grants provided pursuant to  subdivision  five  of
    49  section  ninety-seven-nnnn  of  the  state  finance law, less any grants
    50  provided pursuant to subdivision twelve of  section  thirty-six  hundred
    51  forty-one  of  this article, or (ii) the apportionment calculated by the
    52  commissioner based on data on file at the time the payment is processed;
    53  provided however, that for the purposes of any payments made pursuant to
    54  this section prior to the first business day  of  June  of  the  current
    55  year,  moneys apportioned shall not include any aids payable pursuant to
    56  subdivisions six and fourteen,  if  applicable,  of  section  thirty-six

        S. 2506--C                         30                         A. 3006--C
 
     1  hundred  two  of  this part as current year aid for debt service on bond
     2  anticipation notes and/or bonds first issued in the current year or  any
     3  aids  payable for full-day kindergarten for the current year pursuant to
     4  subdivision  nine  of  section  thirty-six hundred two of this part. The
     5  definitions of "base year" and "current year" as set forth  in  subdivi-
     6  sion  one  of section thirty-six hundred two of this part shall apply to
     7  this  section.  For  aid  payable   in   the   two   thousand   [twenty]
     8  twenty-one--two  thousand [twenty-one] twenty-two school year, reference
     9  to such "school aid computer listing for the current  year"  shall  mean
    10  the printouts entitled ["SA202-1"] "SA212-2".
    11    § 27. Intentionally omitted.
    12    § 28. Intentionally omitted.
    13    § 29. Intentionally omitted.
    14    § 30. Intentionally omitted.
    15    § 31. Intentionally omitted.
    16    § 32. Intentionally omitted.
    17    § 33. Intentionally omitted.
    18    § 34. Intentionally omitted.
    19    § 35. Intentionally omitted.
    20    § 36. Intentionally omitted.
    21    § 36-a. Intentionally omitted.
    22    § 36-b. Intentionally omitted.
    23    §  36-c.  Paragraph (d) of subdivision 1 of section 2856 of the educa-
    24  tion law, as amended by section 4 of part YYY of chapter 59 of the  laws
    25  of 2017, is amended to read as follows:
    26    (d)  School  districts  shall  be eligible for an annual apportionment
    27  equal to the amount of the supplemental basic tuition  for  the  charter
    28  school  in  the  base year for the expenses incurred in the two thousand
    29  fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
    30  sixteen,  two  thousand sixteen--two thousand seventeen school years and
    31  thereafter. Provided that for expenses  incurred  in  the  two  thousand
    32  twenty--two  thousand twenty-one school year, for a city school district
    33  in a city having a population of one million or more, the annual  appor-
    34  tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
    35  upon certification by the director of the budget of the availability  of
    36  a  grant  in  the  same  amount from the elementary and secondary school
    37  emergency relief funds provided through the American rescue plan act  of
    38  2021.
    39    §  36-d.  Paragraph (c) of subdivision 1 of section 2856 of the educa-
    40  tion law, as amended by section 4-a of part YYY of  chapter  59  of  the
    41  laws of 2017, is amended to read as follows:
    42    (c)  School  districts  shall  be eligible for an annual apportionment
    43  equal to the amount of the supplemental basic tuition  for  the  charter
    44  school  in  the  base year for the expenses incurred in the two thousand
    45  fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
    46  sixteen,  two  thousand sixteen--two thousand seventeen school years and
    47  thereafter. Provided that for expenses  incurred  in  the  two  thousand
    48  twenty--two  thousand twenty-one school year, for a city school district
    49  in a city having a population of one million or more, the annual  appor-
    50  tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
    51  upon certification by the director of the budget of the availability  of
    52  a  grant  in  the  same  amount from the elementary and secondary school
    53  emergency relief funds provided through the American rescue plan act  of
    54  2021.
    55    § 37. Intentionally omitted.

        S. 2506--C                         31                         A. 3006--C
 
     1    §  37-a. Subdivision 21 of section 305 of the education law is amended
     2  by adding a new paragraph e to read as follows:
     3    e.  Notwithstanding any inconsistent provision of law to the contrary,
     4  in preparing an electronic data file pursuant to  paragraph  b  of  this
     5  subdivision, for the purposes of using estimated data for projections of
     6  apportionments for the following school year, the commissioner shall (i)
     7  calculate  the  negative  difference,  if  any,  of the allowable growth
     8  amount computed  pursuant  to  subdivision  one  of  section  thirty-six
     9  hundred  two of this chapter less the preliminary growth amount pursuant
    10  to such subdivision, and (ii) include such negative  difference  as  the
    11  "growth  cap  adjustment"  in any file that aggregates apportionments of
    12  general support for public schools for the purpose  of  determining  the
    13  amounts  necessary  in the state fiscal years associated with the school
    14  year estimates, provided that the commissioner shall  not  allocate  any
    15  amount of such growth cap adjustment to any school district.
    16    § 37-b. Paragraph cc of subdivision 1 of section 3602 of the education
    17  law is REPEALED.
    18    § 37-c. Paragraph c of subdivision 17 of section 3602 of the education
    19  law is REPEALED.
    20    §  37-d.  Notwithstanding  any  provision  of law or regulation to the
    21  contrary, if as a result of the state disaster emergency declared pursu-
    22  ant to Executive Order 202 of 2020,  approved  private  schools  serving
    23  students  with  disabilities subject to articles 81 and 89 of the educa-
    24  tion law, special act school districts, and approved  preschool  special
    25  class  and  special  class in an integrated setting programs pursuant to
    26  section 4410 of the education law experience an enrollment decrease as a
    27  percentage of operating capacity of 5 percentage points or  more  during
    28  the  2020-21  school  year as compared to the previous three year period
    29  2016-17 through 2018-19, the state education department shall  apply  an
    30  enrollment  adjustment factor as part of the tuition rate reconciliation
    31  process to stabilize tuition revenue, provided that the commissioner  of
    32  education  shall submit a plan for the implementation of such enrollment
    33  adjustment factor to the director of the budget for approval.
    34    Moreover, should such programs  receive  federal  Paycheck  Protection
    35  Program  loan forgiveness revenue or other extraordinary federal revenue
    36  provided in response to the COVID-19 pandemic as defined  by  the  state
    37  education  department  in  consultation with the director of the budget,
    38  such revenue shall be applied as offsetting revenue  for  reconciliation
    39  tuition  rate  calculation  purposes  after  allowable costs incurred in
    40  responding to the state disaster emergency declared pursuant  to  Execu-
    41  tive  Order  202  of  2020  are  defrayed,  and  such  revenues shall be
    42  subtracted from total costs after the application of the nondirect  care
    43  screen, provided, however, that the combined amount of tuition revenues,
    44  extraordinary  federal  revenues  provided  in  response to the COVID-19
    45  pandemic, and any other revenues  available  to  the  program  that  are
    46  treated  as  offsetting  revenue  shall  not exceed the program's actual
    47  costs, and provided further, that the state education  department  shall
    48  hold  harmless  tuition  rates in subsequent school years to reflect the
    49  impact of receipt of such extraordinary federal revenue.
    50    § 37-e. Section 4004 of the education law is amended by adding  a  new
    51  subdivision 5 to read as follows:
    52    5.  The  board  of education of a special act school district shall be
    53  authorized to establish a fiscal stabilization reserve fund.  There  may
    54  be  paid  into  such  fund  an amount as may be provided pursuant to the
    55  requirements of paragraph k of subdivision four  of  section  forty-four
    56  hundred five of this title.

        S. 2506--C                         32                         A. 3006--C
 
     1    §  37-f. Subdivision 4 of section 4405 of the education law is amended
     2  by adding a new paragraph k to read as follows:
     3    k.  The  tuition methodology established pursuant to  this subdivision
     4  for  the  two  thousand twenty-one--two thousand twenty-two school  year
     5  and annually thereafter shall authorize approved  private residential or
     6  non-residential  schools for the education of students with disabilities
     7  that  are  located  within  the  state, and special act school districts
     8  to retain funds in excess of  their  allowable  and  reimbursable  costs
     9  incurred    for    services    and   programs   provided   to school-age
    10  students. The amount of funds that may be annually  retained  shall  not
    11  exceed  one percent of the school's or school district's total allowable
    12  and  reimbursable costs for services and programs provided to school-age
    13  students  for  the  school year from which the funds are to be retained;
    14  provided that the total accumulated balance that may be  retained  shall
    15  not  exceed four percent of such total costs for such school  year;  and
    16  provided  further  that such funds shall not be recoverable on reconcil-
    17  iation of tuition rates, and shall be separate from and in  addition  to
    18  any other authorization to retain surplus funds on reconciliation. Funds
    19  may be expended only pursuant to an authorization of the governing board
    20  of  the school or school district, for a purpose expressly authorized as
    21  part of the approved tuition methodology for the year in which the funds
    22  are to be expended, provided that funds may be  expended  to  pay  prior
    23  year outstanding debts. Any school or school district that retains funds
    24  pursuant to this paragraph shall be required to annually report a state-
    25  ment  of  the  total balance of any such retained funds,  the amount, if
    26  any, retained in the prior school year, the amount, if any, dispersed in
    27  the prior school year, and  any  additional information requested by the
    28  department as part of the financial reports  that  are  required  to  be
    29  annually submitted to the department.
    30    §  38.  Section  3  of  chapter  507  of the laws of 1974, relating to
    31  providing for the apportionment of state  monies  to  certain  nonpublic
    32  schools,  to  reimburse  them for their expenses   in   complying   with
    33  certain state requirements for the administration of state  testing  and
    34  evaluation  programs  and  for  participation  in state programs for the
    35  reporting of basic educational data, as amended by chapter  347  of  the
    36  laws of 2018, is amended to read as follows:
    37    §  3.  Apportionment.  a. The commissioner shall annually apportion to
    38  each qualifying school, for school years beginning  on  and  after  July
    39  first, nineteen hundred seventy-four, an amount equal to the actual cost
    40  incurred  by  each  such  school  during  the  preceding school year for
    41  providing services required by law  to  be  rendered  to  the  state  in
    42  compliance  with  the  requirements  of  the  state's  pupil  evaluation
    43  program, the basic educational data system,  regents  examinations,  the
    44  statewide  evaluation  plan,  the uniform procedure for pupil attendance
    45  reporting, the state's immunization  program  and  other  similar  state
    46  prepared  examinations  and  reporting  procedures.   Provided that each
    47  nonpublic school that seeks aid payable in the two thousand  twenty--two
    48  thousand  twenty-one school year to reimburse two thousand nineteen--two
    49  thousand twenty school year expenses shall submit a claim for  such  aid
    50  to the state education department no later than May fifteenth, two thou-
    51  sand  twenty-one  and  such  claims shall be paid by the state education
    52  department no  later  than  June  thirtieth,  two  thousand  twenty-one.
    53  Provided  further  that  each nonpublic school that seeks aid payable in
    54  the two thousand twenty-one--two thousand  twenty-two  school  year  and
    55  thereafter  shall  submit  a  claim  for such aid to the state education
    56  department no later than April first of the school year in which aid  is

        S. 2506--C                         33                         A. 3006--C
 
     1  payable  and such claims shall be paid by the state education department
     2  no later than May thirty-first of such school year.
     3    b.  Such  nonpublic  schools shall be eligible to receive aid based on
     4  the number of days or portion of days attendance is taken and  either  a
     5  5.0/5.5  hour  standard instructional day, or another work day as certi-
     6  fied by the nonpublic school officials, in accordance with the methodol-
     7  ogy for computing salary and  benefits  applied  by  the  department  in
     8  paying  aid for the two thousand twelve--two thousand thirteen and prior
     9  school years.
    10    c. The commissioner shall annually apportion to each qualifying school
    11  in the cities of New York,  Buffalo  and  Rochester,  for  school  years
    12  beginning  on  or after July first two thousand sixteen, an amount equal
    13  to the actual cost incurred by each such  school  during  the  preceding
    14  school  year  in meeting the recording and reporting requirements of the
    15  state school immunization program, provided that the  state's  liability
    16  shall be limited to the amount appropriated for this purpose.
    17    §  39.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
    18  relating to funding a program for work force education conducted by  the
    19  consortium  for worker education in New York city, as amended by section
    20  30 of part A of chapter 56 of the laws of 2020, is amended  to  read  as
    21  follows:
    22    b.  Reimbursement for programs approved in accordance with subdivision
    23  a of this section for the reimbursement for the 2018--2019  school  year
    24  shall not exceed 59.4 percent of the lesser of such approvable costs per
    25  contact hour or fourteen dollars and ninety-five cents per contact hour,
    26  reimbursement  for  the  2019--2020  school  year  shall not exceed 57.7
    27  percent of the lesser of such  approvable  costs  per  contact  hour  or
    28  fifteen  dollars  sixty  cents per contact hour, [and] reimbursement for
    29  the 2020--2021 school year shall not exceed 56.9 percent of  the  lesser
    30  of  such  approvable costs per contact hour or sixteen dollars and twen-
    31  ty-five cents per contact hour, and  reimbursement  for  the  2021--2022
    32  school year shall not exceed 56.0 percent of the lesser of such approva-
    33  ble  costs  per  contact  hour  or  sixteen  dollars and forty cents per
    34  contact hour, and where a  contact  hour  represents  sixty  minutes  of
    35  instruction services provided to an eligible adult.  Notwithstanding any
    36  other  provision  of law to the contrary, for the 2018--2019 school year
    37  such contact hours shall not exceed one million four hundred sixty-three
    38  thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
    39  year such contact hours  shall  not  exceed  one  million  four  hundred
    40  forty-four  thousand  four hundred forty-four (1,444,444); [and] for the
    41  2020--2021 school year such contact hours shall not exceed  one  million
    42  four  hundred  six thousand nine hundred twenty-six (1,406,926); and for
    43  the 2021--2022 school year such  contact  hours  shall  not  exceed  one
    44  million   four   hundred   sixteen   thousand   one  hundred  twenty-two
    45  (1,416,122). Notwithstanding any other provision of law to the contrary,
    46  the apportionment calculated for the city school district of the city of
    47  New York pursuant to subdivision 11 of section 3602 of the education law
    48  shall be computed as if such contact hours provided  by  the  consortium
    49  for  worker education, not to exceed the contact hours set forth herein,
    50  were eligible for aid in accordance with the provisions of such subdivi-
    51  sion 11 of section 3602 of the education law.
    52    § 40. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
    53  ing  a  program for work force education conducted by the consortium for
    54  worker education in New York city, is amended by adding a  new  subdivi-
    55  sion z to read as follows:

        S. 2506--C                         34                         A. 3006--C
 
     1    z.  The  provisions  of  this  subdivision  shall  not apply after the
     2  completion of payments for the 2021--2022 school  year.  Notwithstanding
     3  any  inconsistent provisions of law, the commissioner of education shall
     4  withhold a portion of employment preparation education aid  due  to  the
     5  city school district of the city of New York to support a portion of the
     6  costs of the work force education program. Such moneys shall be credited
     7  to  the elementary and secondary education fund-local assistance account
     8  and shall not exceed thirteen million dollars ($13,000,000).
     9    § 41. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
    10  ing  a  program for work force education conducted by the consortium for
    11  worker education in New York city, as amended by section 32 of part A of
    12  chapter 56 of the laws of 2020, is amended to read as follows:
    13    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
    14  repealed on June 30, [2021] 2022.
    15    §  41-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
    16  tion law, as amended by section 32-a of part A of chapter 56 of the laws
    17  of 2020, is amended to read as follows:
    18    a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
    19  sion, for aid payable in the school years two thousand--two thousand one
    20  through  two  thousand nine--two thousand ten, and two thousand eleven--
    21  two thousand twelve through two thousand [twenty] twenty-one--two  thou-
    22  sand  [twenty-one]  twenty-two, the commissioner may set aside an amount
    23  not to exceed two million five hundred thousand dollars from  the  funds
    24  appropriated for purposes of this subdivision for the purpose of serving
    25  persons  twenty-one  years of age or older who have not been enrolled in
    26  any school for the preceding school year,  including  persons  who  have
    27  received  a  high  school diploma or high school equivalency diploma but
    28  fail to demonstrate basic educational competencies as defined  in  regu-
    29  lation  by  the  commissioner,  when  measured  by accepted standardized
    30  tests, and who shall be eligible to attend employment preparation educa-
    31  tion programs operated pursuant to this subdivision.
    32    § 42. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    33  education  law  relating  to conditional appointment of school district,
    34  charter school or BOCES employees, as amended by section 34 of part A of
    35  chapter 56 of the laws of 2020, is amended to read as follows:
    36    § 12. This act shall take effect on the same date as  chapter  180  of
    37  the laws of 2000 takes effect, and shall expire July 1, [2021] 2022 when
    38  upon such date the provisions of this act shall be deemed repealed.
    39    §  43.  Section  4  of  chapter  425 of the laws of 2002, amending the
    40  education law relating to  the  provision  of  supplemental  educational
    41  services,  attendance  at  a  safe  public  school and the suspension of
    42  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
    43  amended  by  section  35 of part A of chapter 56 of the laws of 2020, is
    44  amended to read as follows:
    45    § 4. This act shall take effect July 1, 2002 and section one  of  this
    46  act  shall expire and be deemed repealed June 30, 2019, and sections two
    47  and three of this act shall expire and be deemed repealed  on  June  30,
    48  [2021] 2022.
    49    §  44.  Section  5  of  chapter  101 of the laws of 2003, amending the
    50  education law relating to the implementation of the No Child Left Behind
    51  Act of 2001, as amended by section 36 of part A of  chapter  56  of  the
    52  laws of 2020, is amended to read as follows:
    53    §  5.  This  act shall take effect immediately; provided that sections
    54  one, two and three of this act shall expire and be  deemed  repealed  on
    55  June 30, [2021] 2022.

        S. 2506--C                         35                         A. 3006--C
 
     1    § 45. School bus driver training. In addition to apportionments other-
     2  wise  provided  by section 3602 of the education law, for aid payable in
     3  the 2021--2022 school year, the commissioner of education shall allocate
     4  school bus driver training grants to  school  districts  and  boards  of
     5  cooperative educational services pursuant to sections 3650-a, 3650-b and
     6  3650-c of the education law, or for contracts directly with not-for-pro-
     7  fit  educational  organizations  for  the purposes of this section. Such
     8  payments shall not exceed four hundred thousand dollars  ($400,000)  per
     9  school year.
    10    §  46.  Special  apportionment for salary expenses. a. Notwithstanding
    11  any other provision of law, upon  application  to  the  commissioner  of
    12  education,  not  sooner  than  the first day of the second full business
    13  week of June 2022 and not later than the last  day  of  the  third  full
    14  business week of June 2022, a school district eligible for an apportion-
    15  ment  pursuant to section 3602 of the education law shall be eligible to
    16  receive an apportionment pursuant to this section, for the  school  year
    17  ending  June  30, 2022, for salary expenses incurred between April 1 and
    18  June 30, 2021 and such apportionment shall not exceed the sum of (i) the
    19  deficit reduction assessment of 1990--1991 as determined by the  commis-
    20  sioner of education, pursuant to paragraph f of subdivision 1 of section
    21  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    22  186  percent  of such amount for a city school district in a city with a
    23  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    24  such amount for a city school district in a city with  a  population  of
    25  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    26  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    27  adjustment  for  2010--2011, as determined by the commissioner of educa-
    28  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    29  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    30  education  pursuant  to  subdivision 17 of section 3602 of the education
    31  law, and provided further that such apportionment shall not exceed  such
    32  salary  expenses.  Such  application shall be made by a school district,
    33  after the board of education or trustees have adopted a resolution to do
    34  so and in the case of a city school district in a city with a population
    35  in excess of 125,000 inhabitants, with the approval of the mayor of such
    36  city.
    37    b. The claim for an apportionment to be  paid  to  a  school  district
    38  pursuant  to  subdivision  a  of  this section shall be submitted to the
    39  commissioner of education on a form prescribed  for  such  purpose,  and
    40  shall  be  payable upon determination by such commissioner that the form
    41  has been submitted as prescribed. Such approved amounts shall be payable
    42  on the same day in September of the school year following  the  year  in
    43  which  application  was  made as funds provided pursuant to subparagraph
    44  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    45  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    46  certified  or  approved  by  the commissioner of education in the manner
    47  prescribed by law from moneys in the state lottery  fund  and  from  the
    48  general  fund  to  the  extent that the amount paid to a school district
    49  pursuant to this section exceeds the amount, if  any,  due  such  school
    50  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    51  section  3609-a  of  the  education law in the school year following the
    52  year in which application was made.
    53    c. Notwithstanding the provisions of section 3609-a of  the  education
    54  law, an amount equal to the amount paid to a school district pursuant to
    55  subdivisions  a  and  b of this section shall first be deducted from the
    56  following payments due  the  school  district  during  the  school  year

        S. 2506--C                         36                         A. 3006--C
 
     1  following  the  year  in which application was made pursuant to subpara-
     2  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
     3  section  3609-a of the education law in the following order: the lottery
     4  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
     5  followed by the fixed fall payments payable pursuant to subparagraph (4)
     6  of such paragraph and then followed by the district's  payments  to  the
     7  teachers'  retirement  system pursuant to subparagraph (1) of such para-
     8  graph, and any remainder to be deducted from the individualized payments
     9  due the district pursuant to paragraph b of such  subdivision  shall  be
    10  deducted on a chronological basis starting with the earliest payment due
    11  the district.
    12    § 46-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
    13  relating  to  authorizing  the  Roosevelt  union free school district to
    14  finance deficits by the issuance of serial bonds, as amended by  section
    15  42-a  of part A of chapter 56 of the laws of 2020, is amended to read as
    16  follows:
    17    a. Notwithstanding any other provisions of law,  upon  application  to
    18  the  commissioner of education submitted not sooner than April first and
    19  not later than June thirtieth of the applicable school year, the  Roose-
    20  velt  union  free school district shall be eligible to receive an appor-
    21  tionment pursuant to this chapter for salary expenses, including related
    22  benefits, incurred between April first and June thirtieth of such school
    23  year.  Such apportionment shall not exceed: for the 1996-97 school  year
    24  through   the  [2020-21]  2021-22  school  year,  four  million  dollars
    25  ($4,000,000); for the  [2021-22]  2022-23  school  year,  three  million
    26  dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million
    27  dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million
    28  dollars  ($1,000,000);  and  for the [2024-25] 2025-26 school year, zero
    29  dollars.   Such annual application shall be  made  after  the  board  of
    30  education  has  adopted  a  resolution to do so with the approval of the
    31  commissioner of education.
    32    § 47. Special apportionment for public pension accruals. a.   Notwith-
    33  standing any other provision of law, upon application to the commission-
    34  er  of education, not later than June 30, 2022, a school district eligi-
    35  ble for an apportionment pursuant to section 3602 of the  education  law
    36  shall  be eligible to receive an apportionment pursuant to this section,
    37  for the school year ending June 30, 2022 and  such  apportionment  shall
    38  not  exceed  the  additional  accruals  required  to  be  made by school
    39  districts in the 2004--2005 and 2005--2006 school years associated  with
    40  changes  for  such  public pension liabilities. The amount of such addi-
    41  tional accrual shall be certified to the commissioner  of  education  by
    42  the  president of the board of education or the trustees or, in the case
    43  of a city school district in a city  with  a  population  in  excess  of
    44  125,000  inhabitants,  the mayor of such city. Such application shall be
    45  made by a school district, after the board of education or trustees have
    46  adopted a resolution to do so and in the case of a city school  district
    47  in  a  city with a population in excess of 125,000 inhabitants, with the
    48  approval of the mayor of such city.
    49    b. The claim for an apportionment to be  paid  to  a  school  district
    50  pursuant  to  subdivision  a  of  this section shall be submitted to the
    51  commissioner of education on a form prescribed  for  such  purpose,  and
    52  shall  be  payable upon determination by such commissioner that the form
    53  has been submitted as prescribed. Such approved amounts shall be payable
    54  on the same day in September of the school year following  the  year  in
    55  which  application  was  made as funds provided pursuant to subparagraph
    56  (4) of paragraph b of subdivision 4 of section 92-c of the state finance

        S. 2506--C                         37                         A. 3006--C
 
     1  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
     2  certified  or  approved  by  the commissioner of education in the manner
     3  prescribed by law from moneys in the state lottery  fund  and  from  the
     4  general  fund  to  the  extent that the amount paid to a school district
     5  pursuant to this section exceeds the amount, if  any,  due  such  school
     6  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
     7  section  3609-a  of  the  education law in the school year following the
     8  year in which application was made.
     9    c. Notwithstanding the provisions of section 3609-a of  the  education
    10  law, an amount equal to the amount paid to a school district pursuant to
    11  subdivisions  a  and  b of this section shall first be deducted from the
    12  following payments due  the  school  district  during  the  school  year
    13  following  the  year  in which application was made pursuant to subpara-
    14  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    15  section  3609-a of the education law in the following order: the lottery
    16  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    17  followed by the fixed fall payments payable pursuant to subparagraph (4)
    18  of  such  paragraph  and then followed by the district's payments to the
    19  teachers' retirement system pursuant to subparagraph (1) of  such  para-
    20  graph, and any remainder to be deducted from the individualized payments
    21  due  the  district  pursuant to paragraph b of such subdivision shall be
    22  deducted on a chronological basis starting with the earliest payment due
    23  the district.
    24    § 48. Notwithstanding the provision of any law, rule, or regulation to
    25  the contrary, the city school district of the city  of  Rochester,  upon
    26  the  consent  of  the  board  of cooperative educational services of the
    27  supervisory district serving its geographic  region  may  purchase  from
    28  such  board  for  the  2021--2022 school year, as a non-component school
    29  district, services required by article 19 of the education law.
    30    § 49. The amounts specified in this section shall be a set-aside  from
    31  the  state  funds  which  each such district is receiving from the total
    32  foundation aid:
    33    a. for the development, maintenance or expansion of magnet schools  or
    34  magnet  school  programs  for  the  2021--2022 school year. For the city
    35  school district of the city of New York there shall  be  a  setaside  of
    36  foundation  aid  equal  to  forty-eight million one hundred seventy-five
    37  thousand dollars ($48,175,000) including five hundred  thousand  dollars
    38  ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
    39  school  district,  twenty-one  million  twenty-five   thousand   dollars
    40  ($21,025,000);  for  the Rochester city school district, fifteen million
    41  dollars ($15,000,000); for the Syracuse city school  district,  thirteen
    42  million  dollars  ($13,000,000);  for  the Yonkers city school district,
    43  forty-nine million five hundred thousand dollars ($49,500,000); for  the
    44  Newburgh city school district, four million six hundred forty-five thou-
    45  sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
    46  two million four hundred seventy-five thousand dollars ($2,475,000); for
    47  the Mount Vernon city school district, two million dollars ($2,000,000);
    48  for the New Rochelle city school district, one million four hundred  ten
    49  thousand dollars ($1,410,000); for the Schenectady city school district,
    50  one  million  eight  hundred thousand dollars ($1,800,000); for the Port
    51  Chester city school district, one million  one  hundred  fifty  thousand
    52  dollars  ($1,150,000);  for  the White Plains city school district, nine
    53  hundred thousand dollars ($900,000); for the Niagara Falls  city  school
    54  district,  six  hundred thousand dollars ($600,000); for the Albany city
    55  school district, three  million  five  hundred  fifty  thousand  dollars
    56  ($3,550,000);  for  the  Utica city school district, two million dollars

        S. 2506--C                         38                         A. 3006--C
 
     1  ($2,000,000); for the Beacon city school district, five  hundred  sixty-
     2  six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
     3  district, four hundred thousand dollars  ($400,000);  for  the  Freeport
     4  union  free  school  district, four hundred thousand dollars ($400,000);
     5  for the Greenburgh  central  school  district,  three  hundred  thousand
     6  dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
     7  hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
     8  district,  two  hundred  thousand dollars ($200,000); and for the Hudson
     9  city school district, four hundred thousand dollars ($400,000).
    10    b. Notwithstanding any inconsistent provision of law to the  contrary,
    11  a  school  district  setting  aside such foundation aid pursuant to this
    12  section may use such  setaside  funds  for:  (i)  any  instructional  or
    13  instructional  support  costs  associated with the operation of a magnet
    14  school; or (ii) any instructional or instructional support costs associ-
    15  ated with implementation of an alternative approach to promote diversity
    16  and/or enhancement of the instructional program and raising of standards
    17  in elementary and secondary schools of school districts having  substan-
    18  tial concentrations of minority students.
    19    c.  The  commissioner of education shall not be authorized to withhold
    20  foundation aid from a school district that used such funds in accordance
    21  with this paragraph, notwithstanding any inconsistency  with  a  request
    22  for  proposals issued by such commissioner for the purpose of attendance
    23  improvement and dropout prevention for the 2021--2022 school  year,  and
    24  for  any city school district in a city having a population of more than
    25  one  million,  the  setaside  for  attendance  improvement  and  dropout
    26  prevention  shall  equal  the amount set aside in the base year. For the
    27  2021--2022 school year, it is further  provided  that  any  city  school
    28  district  in  a  city having a population of more than one million shall
    29  allocate at least one-third of any increase from  base  year  levels  in
    30  funds set aside pursuant to the requirements of this section to communi-
    31  ty-based  organizations.  Any increase required pursuant to this section
    32  to community-based organizations must  be  in  addition  to  allocations
    33  provided to community-based organizations in the base year.
    34    d.  For the purpose of teacher support for the 2021--2022 school year:
    35  for the city school district of the city of New York, sixty-two  million
    36  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    37  school  district,  one  million seven hundred forty-one thousand dollars
    38  ($1,741,000); for the Rochester city school district, one million seven-
    39  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    40  district,   one   million   one  hundred  forty-seven  thousand  dollars
    41  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    42  nine  thousand  dollars ($809,000). All funds made available to a school
    43  district pursuant to this section shall be  distributed  among  teachers
    44  including  prekindergarten teachers and teachers of adult vocational and
    45  academic subjects in accordance with this section and shall be in  addi-
    46  tion  to  salaries heretofore or hereafter negotiated or made available;
    47  provided, however, that all funds distributed pursuant to  this  section
    48  for  the  current year shall be deemed to incorporate all funds distrib-
    49  uted pursuant to former subdivision 27 of section 3602 of the  education
    50  law  for prior years. In school districts where the teachers are repres-
    51  ented by certified or  recognized  employee  organizations,  all  salary
    52  increases  funded  pursuant to this section shall be determined by sepa-
    53  rate collective negotiations conducted pursuant to  the  provisions  and
    54  procedures  of  article 14 of the civil service law, notwithstanding the
    55  existence of a negotiated agreement between  a  school  district  and  a
    56  certified or recognized employee organization.

        S. 2506--C                         39                         A. 3006--C
 
     1    §  50.  Support  of  public libraries. The moneys appropriated for the
     2  support of public libraries by a chapter of the laws  of  2021  enacting
     3  the  aid  to  localities  budget shall be apportioned for the 2021--2022
     4  state fiscal year in accordance with the  provisions  of  sections  271,
     5  272,  273,  282,  284  and  285  of  the education law as amended by the
     6  provisions of this chapter and the provisions of this section,  provided
     7  that library construction aid pursuant to section 273-a of the education
     8  law  shall  not  be  payable  from the appropriations for the support of
     9  public libraries and provided further that no library, library system or
    10  program, as defined by the commissioner of education, shall receive less
    11  total system or program aid than it received  for  the  year  2001--2002
    12  except as a result of a reduction adjustment necessary to conform to the
    13  appropriations for support of public libraries.
    14    Notwithstanding  any other provision of law to the contrary the moneys
    15  appropriated for the support of public libraries for the year 2021--2022
    16  by a chapter of the laws of 2021 enacting the education, labor and fami-
    17  ly assistance budget shall fulfill the  state's  obligation  to  provide
    18  such aid and, pursuant to a plan developed by the commissioner of educa-
    19  tion  and  approved  by  the  director of the budget, the aid payable to
    20  libraries and library systems pursuant to such appropriations  shall  be
    21  reduced  proportionately  to assure that the total amount of aid payable
    22  does not exceed the total appropriations for such purpose.
    23    § 51. Severability. The provisions of this act shall be severable, and
    24  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    25  section  or  part  of  this  act  to any person or circumstance shall be
    26  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    27  judgment shall not necessarily affect, impair or invalidate the applica-
    28  tion of any such clause, sentence, paragraph, subdivision, section, part
    29  of  this  act  or  remainder  thereof,  as the case may be, to any other
    30  person or circumstance, but shall be confined in its  operation  to  the
    31  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    32  directly involved in the controversy in which such judgment  shall  have
    33  been rendered.
    34    §  52.  This act shall take effect immediately, and shall be deemed to
    35  have been in full force and effect on and after April 1, 2021, provided,
    36  however, that:
    37    1. Sections one, ten-a, ten-b, twelve-b, thirteen-a, fourteen-a, twen-
    38  ty-three, twenty-six,  thirty-seven-a,  thirty-seven-b,  thirty-seven-c,
    39  forty-one,  forty-three,  forty-four, forty-five, forty-eight and forty-
    40  nine of this act shall take effect July 1, 2021;
    41    2. Section twenty-two-b of this act shall take effect July 1, 2021 and
    42  shall expire June 30, 2024 when upon such date the  provisions  of  such
    43  section shall be deemed repealed;
    44    3. The amendments to paragraph (d) of subdivision 1 of section 2856 of
    45  the  education  law  made  by  section thirty-six-c of this act shall be
    46  subject to the expiration and reversion of such subdivision pursuant  to
    47  subdivision  d  of  section  27  of  chapter 378 of the laws of 2007, as
    48  amended, when upon such date the provisions of section  thirty-six-d  of
    49  this act shall take effect; and
    50    4.  The amendments to chapter 756 of the laws of 1992 made by sections
    51  thirty-nine and forty of this act shall not affect the  repeal  of  such
    52  chapter and shall be deemed repealed therewith.
 
    53                                   PART B
 
    54                            Intentionally Omitted

        S. 2506--C                         40                         A. 3006--C
 
     1                                   PART C
 
     2                            Intentionally Omitted
 
     3                                   PART D
 
     4    Section  1. Section 4 of subpart A of part D of chapter 58 of the laws
     5  of 2011 amending the education law relating  to  capital  facilities  in
     6  support  of  the  state university and community colleges, as amended by
     7  section 1 of part Q of chapter 54 of the laws of  2016,  is  amended  to
     8  read as follows:
     9    §  4.  This  act shall take effect immediately and shall expire and be
    10  deemed repealed June 30, [2021] 2026.
    11    § 2. Section 4 of subpart B of part D of chapter 58  of  the  laws  of
    12  2011  amending  the  education law relating to procurement in support of
    13  the state and city universities, as amended by section 2 of  part  Q  of
    14  chapter 54 of the laws of 2016, is amended to read as follows:
    15    §  4.  This  act shall take effect immediately and shall expire and be
    16  deemed repealed June 30, [2021] 2026.
    17    § 3. Section 3 of subpart C of part D of chapter 58  of  the  laws  of
    18  2011 amending the education law relating to state university health care
    19  facilities,  as amended by section 3 of part Q of chapter 54 of the laws
    20  of 2016, is amended to read as follows:
    21    § 3. This act shall take effect immediately, and shall expire  and  be
    22  deemed repealed June 30, [2021] 2026.
    23    § 4. This act shall take effect immediately.
 
    24                                   PART E
 
    25                            Intentionally Omitted
 
    26                                   PART F
 
    27    Section  1.  Notwithstanding any provision of law or regulation to the
    28  contrary, for purposes of an award made pursuant to subparts 2 through 4
    29  of part 2 of article 14 of the education law in the 2019--2020 or  2020-
    30  -2021  academic years, any semester, quarter or term that a recipient of
    31  such an award is unable to complete as a result of the COVID-19 pandemic
    32  state disaster emergency declared March  7,  2020,  as  certified  by  a
    33  college  or  university and approved by the New York state higher educa-
    34  tion services corporation, shall  not  be  considered  for  purposes  of
    35  determining  the  maximum duration of such award for that recipient, and
    36  provided further that no such recipient shall suffer a reduction in  the
    37  original award amount granted pursuant to such subparts in such academic
    38  years  solely due to inability to complete any semester, quarter or term
    39  as a result of the COVID-19 pandemic state disaster  emergency  declared
    40  March  7,  2020, as certified by a college or university and approved by
    41  the New York state higher education services corporation.
    42    § 2. This act shall take effect immediately.
 
    43                                   PART G
 
    44    Section 1.  Subdivision 2 of section 669-h of the  education  law,  as
    45  amended  by  section  1  of part T of chapter 56 of the laws of 2018, is
    46  amended to read as follows:

        S. 2506--C                         41                         A. 3006--C
 
     1    2. Amount. Within amounts appropriated therefor and  based  on  avail-
     2  ability  of  funds, awards shall be granted beginning with the two thou-
     3  sand seventeen--two thousand eighteen academic year  and  thereafter  to
     4  applicants  that  the corporation has determined are eligible to receive
     5  such  awards. The corporation shall grant such awards in an amount up to
     6  five thousand five hundred dollars or actual tuition, whichever is less;
     7  provided, however, (a) a student who receives educational grants  and/or
     8  scholarships  that cover the student's full cost of attendance shall not
     9  be eligible for an award under this program; and (b) an award under this
    10  program shall be applied to tuition after the  application  of  payments
    11  received  under  the  tuition assistance program pursuant to section six
    12  hundred sixty-seven of this subpart, tuition credits pursuant to section
    13  six hundred eighty-nine-a of this article, federal Pell  grant  pursuant
    14  to  section  one  thousand  seventy of title twenty of the United States
    15  code, et seq., and any other program that covers the cost of  attendance
    16  unless  exclusively  for  non-tuition expenses, and the award under this
    17  program shall be reduced in the amount equal to such payments,  provided
    18  that  the  combined  benefits  do  not exceed five thousand five hundred
    19  dollars. Upon notification of an award under this program, the  institu-
    20  tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
    21  subdivision two of section three hundred fifty-five and paragraph (a) of
    22  subdivision seven of section six thousand two hundred six of this  chap-
    23  ter,  and  any other law, rule or regulation to the contrary, the under-
    24  graduate tuition charged by the institution to recipients  of  an  award
    25  shall not exceed the tuition rate established by the institution for the
    26  two  thousand  sixteen--two  thousand  seventeen academic year provided,
    27  however, that in the two thousand [twenty-one]  twenty-three--two  thou-
    28  sand  [twenty-two] twenty-four academic year and every [four years] year
    29  thereafter, the undergraduate tuition  charged  by  the  institution  to
    30  recipients  of  an award shall be reset to equal the tuition rate estab-
    31  lished by the institution for the forthcoming  academic  year,  provided
    32  further  that  the  tuition  credit  calculated  pursuant to section six
    33  hundred eighty-nine-a of  this  article  shall  be  applied  toward  the
    34  tuition  rate  charged  for  recipients  of an award under this program.
    35  Provided further that the state university of  New  York  and  the  city
    36  university  of  New  York  shall provide an additional tuition credit to
    37  students receiving an award to cover the remaining cost of tuition.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART H
 
    40    Section 1. Subdivision 1 of section 504 of the executive law, as added
    41  by chapter 465 of the laws of 1992, is amended to read as follows:
    42    1. The [division] office of children and family services shall operate
    43  and maintain secure, limited secure and non-secure  facilities  for  the
    44  care,  custody,  treatment, housing, education, rehabilitation and guid-
    45  ance of youth placed with or committed to the [division] office of chil-
    46  dren and family services.
    47    § 2. (a) Notwithstanding the time period required for notice  pursuant
    48  to  subdivision  15  of  section 501 of the executive law, the office of
    49  children and family services is authorized to close the Red  Hook  Resi-
    50  dential Center and the Columbia Girls Secure Center. At least six months
    51  prior  to  taking any such action, the commissioner of such office shall
    52  provide notice of such action to the speaker of  the  assembly  and  the
    53  temporary  president  of  the senate and shall post such notice upon its
    54  public website.

        S. 2506--C                         42                         A. 3006--C
 
     1    (b) The commissioner of the office of  children  and  family  services
     2  shall be authorized to conduct any and all preparatory actions which may
     3  be  required  to  effectuate such closures.   A permanent class employee
     4  affected by such closures shall be placed upon a transfer list  pursuant
     5  to section 78 of the civil service law.
     6    § 3. This act shall take effect immediately.
     7                                   PART I
 
     8    Section  1.  Section  3  of  part  N of chapter 56 of the laws of 2020
     9  amending the social services law relating to restructuring financing for
    10  residential school placements, is amended to read as follows:
    11    § 3. This act shall take effect immediately and shall  expire  and  be
    12  deemed  repealed  April 1, 2022; provided however that the amendments to
    13  subdivision 10 of section 153 of the social services law made by section
    14  one of this act, shall not affect the expiration of such subdivision and
    15  shall be deemed to expire therewith.
    16    § 2. This act shall take effect immediately and  shall  be  deemed  to
    17  have been in full force and effect on and after April 1, 2022.
 
    18                                   PART J
 
    19    Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
    20  amending the executive law and  the  social  services  law  relating  to
    21  consolidating  the  youth development and delinquency prevention program
    22  and the special delinquency prevention program, as amended by section  1
    23  of  part  I  of  chapter  56  of the laws of 2018, is amended to read as
    24  follows:
    25    § 9. This act shall take effect January 1, 2014 [and shall expire  and
    26  be deemed repealed on December 31, 2021].
    27    § 2.  This act shall take effect immediately.
 
    28                                   PART K
 
    29    Section  1.  Section  4  of  part K of chapter 57 of the laws of 2012,
    30  amending the education law, relating to authorizing the board of cooper-
    31  ative educational services to enter into contracts with the commissioner
    32  of children and family services to provide certain services, as  amended
    33  by  section 1 of part J of chapter 56 of the laws of 2018, is amended to
    34  read as follows:
    35    § 4. This act shall take effect July 1, 2012 [and  shall  expire  June
    36  30,  2021 when upon such date the provisions of this act shall be deemed
    37  repealed].
    38    § 2. This act shall take effect immediately.
 
    39                                   PART L
 
    40    Section 1.  Paragraph (g) of subdivision 3 of  section  358-a  of  the
    41  social  services law, as amended by section 4 of subpart L of part XX of
    42  chapter 55 of the laws of 2020, is amended to read as follows:
    43    (g) (i) In any case in which an order has been issued pursuant to this
    44  section  approving  a  foster  care  placement  instrument,  the  social
    45  services  official  or authorized agency charged with custody or care of
    46  the child shall report the initial placement and any anticipated  change
    47  in  placement  to the court and the attorneys for the parties, including
    48  the attorney for the child, forthwith, but not later than  one  business
    49  day  following  either  the decision to make the initial placement or to

        S. 2506--C                         43                         A. 3006--C
 
     1  change the placement or the actual date the initial placement or  place-
     2  ment  change  occurred,  whichever is sooner. Such notice shall indicate
     3  the date that the placement change is anticipated to occur or  the  date
     4  the placement change occurred, as applicable. Provided, however, if such
     5  notice  lists an anticipated date for the initial placement or placement
     6  change, the local social services district or  authorized  agency  shall
     7  subsequently  notify  the court and attorneys for the parties, including
     8  the attorney for the child, of  the  date  the  placement  or  placement
     9  change  occurred; such notice shall occur no later than one business day
    10  following the placement or placement change.
    11    (ii) When a child whose legal custody was transferred to  the  commis-
    12  sioner  of  a  local  social  services  district in accordance with this
    13  section resides in a qualified residential treatment program, as defined
    14  in section four hundred nine-h of this chapter, and where  such  child's
    15  initial placement or change in placement in such program commenced on or
    16  after  September  twenty-ninth, two thousand twenty-one, upon receipt of
    17  notice required pursuant to  subparagraph  (i)  of  this  paragraph  and
    18  motion of the local social services district, the court shall schedule a
    19  court  review  to make an assessment and determination of such placement
    20  in accordance with section three hundred ninety-three of  this  chapter.
    21  Notwithstanding  any  other provision of law to the contrary, such court
    22  review shall occur no later than sixty days from the date the  placement
    23  of the child in the qualified residential treatment program commenced.
    24    §  1-a.  Section 371 of the social services law is amended by adding a
    25  new subdivision 22 to read as follows:
    26    22. "Supervised setting" shall mean a  residential  placement  in  the
    27  community  approved  and supervised by an authorized agency or the local
    28  social services district in  accordance  with  the  regulations  of  the
    29  office of children and family services to provide a transitional experi-
    30  ence  for  older  youth  in  which  such youth may live independently. A
    31  supervised setting includes, but is  not  limited  to,  placement  in  a
    32  supervised  independent  living program, as defined in subdivision twen-
    33  ty-one of this section.
    34    § 1-b. Paragraph (c) of subdivision 2 of section 383-a of  the  social
    35  services  law, as added by section 5 of part M of chapter 54 of the laws
    36  of 2016, is amended to read as follows:
    37    (c) "Child care facility" shall mean an institution, group  residence,
    38  group  home,  agency  operated  boarding  home,  or  supervised setting,
    39  including a supervised independent living program.
    40    § 2. The social services law is amended by adding a new section 393 to
    41  read as follows:
    42    § 393. Court review of placement in a qualified residential  treatment
    43  program.  1.  The provisions of this section shall apply when a child is
    44  placed on or after September twenty-ninth, two thousand  twenty-one  and
    45  resides  in  a  qualified  residential  treatment program, as defined in
    46  section four hundred nine-h of this article, and whose care and  custody
    47  were transferred to the commissioner of a local social services district
    48  in  accordance with section three hundred fifty-eight-a of this chapter,
    49  or whose custody and guardianship were transferred to  the  commissioner
    50  of  a  local  social  services district in accordance with section three
    51  hundred eighty-three-c, or three hundred eighty-four-b of this title.
    52    2. (a) Within sixty days of the start of a placement of a child refer-
    53  enced in subdivision one of this  section  in  a  qualified  residential
    54  treatment program, the court shall:

        S. 2506--C                         44                         A. 3006--C
 
     1    (i)  Consider the assessment, determination, and documentation made by
     2  the qualified individual pursuant to section four hundred nine-h of this
     3  article;
     4    (ii)  Determine  whether  the  needs  of  the child can be met through
     5  placement in a foster family home and, if not, whether placement of  the
     6  child  in  a  qualified  residential treatment program provides the most
     7  effective and appropriate level of care  for  the  child  in  the  least
     8  restrictive  environment  and  whether that placement is consistent with
     9  the short-term and long-term goals for the child, as  specified  in  the
    10  child's permanency plan; and
    11    (iii)  Approve or disapprove the placement of the child in a qualified
    12  residential treatment program. Provided that, where the qualified  indi-
    13  vidual  determines  that the placement of the child in a qualified resi-
    14  dential treatment program is not  appropriate  in  accordance  with  the
    15  assessment  required  pursuant  to  section  four hundred nine-h of this
    16  article, the court may only approve the placement of the  child  in  the
    17  qualified residential treatment program if:
    18    (A) the court finds, and states in the written order that:
    19    (1)  circumstances  exist  that necessitate the continued placement of
    20  the child in the qualified residential treatment program;
    21    (2) there is not an alternative setting available that  can  meet  the
    22  child's needs in a less restrictive environment; and
    23    (3)  that  continued  placement in the qualified residential treatment
    24  program is in the child's best interest; and
    25    (B) the court's written order states  the  specific  reasons  why  the
    26  court  has  made  the  findings  required pursuant to clause (A) of this
    27  subparagraph.
    28    (iv) Nothing herein shall prohibit the court  from  considering  other
    29  relevant and necessary information to make a determination.
    30    (b)  At  the conclusion of the review, if the court disapproves place-
    31  ment of the child in a qualified residential treatment program the court
    32  shall, on its own motion, determine a schedule for  the  return  of  the
    33  child  and  direct the local social services district to make such other
    34  arrangements for the child's care and welfare that is in the best inter-
    35  est of the child and in the most effective and least restrictive setting
    36  as the facts of the case may require. If a new placement order is neces-
    37  sary due to restrictions in the existing governing placement order,  the
    38  court may issue a new order.
    39    3.  The  court  may,  on  its  own motion, or the motion of any of the
    40  parties or the attorney for the child, proceed  with  the  court  review
    41  required  pursuant  to  this section on the basis of the written records
    42  received and without a hearing. Provided however,  the  court  may  only
    43  proceed  with the court review without a hearing pursuant to this subdi-
    44  vision upon the consent of all parties. Provided further, in  the  event
    45  that  the  court  conducts the court review requirement pursuant to this
    46  section but does not conduct it in a hearing, the court  shall  issue  a
    47  written  order specifying any determinations made pursuant to clause (A)
    48  of subparagraph (iii) of  paragraph  (a)  of  subdivision  two  of  this
    49  section  and  provide such written order to the parties and the attorney
    50  for the child expeditiously, but no later than five days.
    51    4. Documentation of the court's determination pursuant to this section
    52  shall be recorded in the child's case record.
    53    5. Nothing in this section shall prohibit  the  court's  review  of  a
    54  placement in a qualified residential treatment program from occurring at
    55  the same time as another hearing scheduled for such child, including but

        S. 2506--C                         45                         A. 3006--C
 
     1  not limited to the child's permanency hearing, provided such approval is
     2  completed within sixty days of the start of such placement.
     3    §  2-a.  Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi-
     4  sion 10 of section 398 of the social services  law,  subparagraph  1  of
     5  paragraph  (g)  of  subdivision 6 as amended by chapter 3 of the laws of
     6  2012 and subdivision 10 as amended by chapter 563 of the laws  of  1986,
     7  are amended to read as follows:
     8    (1)  Place children in its care and custody or its custody and guardi-
     9  anship, in suitable instances, in  supervised  settings,  family  homes,
    10  agency  boarding  homes,  group  homes  or institutions under the proper
    11  safeguards. Such placements can be made either directly, or  through  an
    12  authorized  agency,  except  that,  direct placements in agency boarding
    13  homes or group homes may be made by the social services district only if
    14  the office of children and family services has authorized  the  district
    15  to operate such homes in accordance with the provisions of section three
    16  hundred  seventy-four-b  of  this [chapter] article and only if suitable
    17  care is not otherwise available through an authorized agency  under  the
    18  control  of persons of the same religious faith as the child. Where such
    19  district places a child in [an] a supervised  setting,  agency  boarding
    20  home,  group home or institution, either directly, or through an author-
    21  ized agency, the district shall certify in  writing  to  the  office  of
    22  children  and  family  services, that such placement was made because it
    23  offers the most appropriate and least restrictive level of care for  the
    24  child, and, is more appropriate than a family foster home placement, or,
    25  that  such  placement is necessary because there are no qualified foster
    26  families available within the district who can care for  the  child.  If
    27  placements in agency boarding homes, group homes or institutions are the
    28  result  of  a  lack  of foster parents within a particular district, the
    29  office of children and family services shall  assist  such  district  to
    30  recruit  and  train  foster  parents.   Placements shall be made only in
    31  institutions visited, inspected and supervised in accordance with  title
    32  three  of article seven of this chapter and conducted in conformity with
    33  the applicable regulations of the supervising state agency in accordance
    34  with title three of article seven of this chapter. With the approval  of
    35  the  office  of children and family services, a social services district
    36  may place a child in its care and custody or its custody  and  guardian-
    37  ship  in a federally funded job corps program and may receive reimburse-
    38  ment for the approved costs of appropriate  program  administration  and
    39  supervision  pursuant to a plan developed by the department and approved
    40  by the director of the budget.
    41    10. Any provision of this chapter or any  other  law  notwithstanding,
    42  where a foster child for whom a social services official has been making
    43  foster  care  payments  is in attendance at a college or university away
    44  from his or her foster family boarding home, group home, agency boarding
    45  home or institution, and residing  in  a  supervised  setting  or  other
    46  approved  location, a social services official may make foster payments,
    47  [not to exceed the amount which would have been paid to a foster  parent
    48  on  behalf of said child had the child been cared for in a foster family
    49  boarding home] at a rate to be developed by the office of  children  and
    50  family  services,  to  such  college or university, provider of room and
    51  board, or youth, as appropriate,  in  lieu  of  payment  to  the  foster
    52  parents  or authorized agency, for the purpose of room and board, if not
    53  otherwise provided. Such rate shall be no lower than the rate paid for a
    54  child's care in a foster family boarding home.
    55    § 3. The social services law is amended by adding a new section  409-h
    56  to read as follows:

        S. 2506--C                         46                         A. 3006--C
 
     1    § 409-h. Assessment  of  appropriateness  of  placement in a qualified
     2  residential treatment program. 1. (a) Prior to a child's placement in  a
     3  qualified  residential treatment program, as defined in subdivision four
     4  of this section, but at least within thirty  days  of  the  start  of  a
     5  placement in a qualified residential treatment program of a child in the
     6  care  and custody or the custody and guardianship of the commissioner of
     7  a local social services district or the office of  children  and  family
     8  services  that  occurs  on or after September twenty-ninth, two thousand
     9  twenty-one, a qualified individual as defined  in  subdivision  five  of
    10  this  section  shall complete an assessment as to the appropriateness of
    11  such placement utilizing an age-appropriate, evidence-based,  validated,
    12  functional  assessment  tool approved by the federal government for such
    13  purpose.  Such assessment shall be in accordance with 42  United  States
    14  Code  sections  672  and  675a and the state's approved title IV-E state
    15  plan and shall include, but not be limited to: (i) an assessment of  the
    16  strengths  and  needs of the child; and (ii) a determination of the most
    17  effective and appropriate level of care  for  the  child  in  the  least
    18  restrictive setting, including whether the needs of the child can be met
    19  with  family members or through placement in a foster family home, or in
    20  a setting specified in paragraph (c)  of  this  subdivision,  consistent
    21  with  the  short-term  and long-term goals for the child as specified in
    22  the child's permanency plan.   Such assessment  shall  be  completed  in
    23  conjunction  with the family and permanency team established pursuant to
    24  paragraph (b) of this subdivision.
    25    (b) The family and permanency team shall consist  of  all  appropriate
    26  biological  family  members, relatives, and fictive kin of the child, as
    27  well as, as appropriate, professionals who are a resource to the  family
    28  of  the  child, including but not limited to, the attorney for the child
    29  or the attorney for the  parent  if  applicable,  teachers,  medical  or
    30  mental  health  providers who have treated the child, or clergy.  In the
    31  case of a child who has attained the age of  fourteen,  the  family  and
    32  permanency  team  shall  include  the members of the permanency planning
    33  team for the child in accordance with 42 United States Code section  675
    34  and the state's approved title IV-E state plan.
    35    (c)  Where  the qualified individual determines that the child may not
    36  be placed in a foster family home, the qualified individual must specify
    37  in writing the reasons why the needs of the child cannot be met  by  the
    38  child's family or in a foster family home.  A shortage or lack of foster
    39  family  homes  shall  not constitute circumstances warranting a determi-
    40  nation that the needs of the child cannot be  met  in  a  foster  family
    41  home.  The  qualified individual shall also include why such a placement
    42  is not the most effective and appropriate level of care for such  child.
    43  Such  determination  shall include whether the needs of the child can be
    44  met through placement in:
    45    (i) An available supervised  setting,  as  such  term  is  defined  in
    46  section three hundred seventy-one of this article;
    47    (ii)  If  the child has been found to be, or is at risk of becoming, a
    48  sexually exploited child as defined in subdivision one of  section  four
    49  hundred  forty-seven-a  of this article, a setting providing residential
    50  care and supportive services for sexually exploited children;
    51    (iii) A setting specializing in  providing  prenatal,  post-partum  or
    52  parenting supports for youth; or
    53    (iv) A qualified residential treatment program.
    54    2.  The  qualified individual or their designee shall promptly, but no
    55  later than five days following the completion of the assessment, provide
    56  the assessment, determination and documentation pursuant to  subdivision

        S. 2506--C                         47                         A. 3006--C
 
     1  one  of  this section to the court, the parent or guardian of the child,
     2  and to the attorney for the child and the attorney for  the  parent,  if
     3  applicable,  and  a  written  summary  detailing the assessment findings
     4  required pursuant to subdivision one of this section to either the local
     5  social  services  district or the office of children and family services
     6  that has care and custody or custody and guardianship of the  child,  as
     7  applicable, and the parties to the proceeding, redacting any information
     8  necessary to comply with federal and state confidentiality laws.
     9    3. Where the qualified individual determines that the placement of the
    10  child  in  a  qualified residential treatment program is not appropriate
    11  after the assessment conducted  pursuant  to  subdivision  one  of  this
    12  section,  the  child's  placement  shall continue until the court has an
    13  opportunity to hold a hearing to  consider  the  qualified  individual's
    14  assessment  and  make  an independent determination required pursuant to
    15  section three hundred ninety-three of this article  or  sections  353.7,
    16  seven hundred fifty-six-b, one thousand fifty-five-c, one thousand nine-
    17  ty-one-a or one thousand ninety-seven of the family court act, as appli-
    18  cable.  Provided  however,  nothing  herein shall prohibit a motion from
    19  being filed pursuant to sections 355.1, seven hundred sixty-four or  one
    20  thousand  eighty-eight  of  the  family court act, as applicable. If the
    21  appropriate party files such motion, the court shall hold a hearing,  as
    22  required,  and also complete the assessment required pursuant to section
    23  three hundred ninety-three of this  article  or  sections  353.7,  seven
    24  hundred   fifty-six-b,   one   thousand   fifty-five-c,   one   thousand
    25  ninety-one-a or one thousand ninety-seven of the family  court  act,  as
    26  applicable,  at the same time. The court shall consider all relevant and
    27  necessary information as required and make  a  determination  about  the
    28  appropriateness  of  the  child's  placement based on standards required
    29  pursuant to the applicable sections.
    30    4. "Qualified residential treatment program" means a program that is a
    31  non-foster family residential program in accordance with 42 United State
    32  Code sections 672 and 675a and the state's  approved  title  IV-E  state
    33  plan.
    34    5.  "Qualified  individual"  shall  mean  a  trained  professional  or
    35  licensed clinician acting within their scope of practice who shall  have
    36  current  or  previous  relevant  experience  in the child welfare field.
    37  Provided however, such individual shall not be an employee of the office
    38  of children and family services, nor shall such  person  have  a  direct
    39  role  in  case management or case planning decision making authority for
    40  the child for whom such assessment is  being  conducted,  in  accordance
    41  with  42  United  States  Code  sections  672  and  675a and the state's
    42  approved title IV-E state plan.
    43    § 4. The family court act is amended by adding a new section 353.7  to
    44  read as follows:
    45    § 353.7. Placement in qualified residential treatment programs. 1. The
    46  provisions of this section shall apply when a respondent is placed on or
    47  after  September  twenty-ninth, two thousand twenty-one and resides in a
    48  non-secure setting that is a qualified residential treatment program, as
    49  defined in section four hundred nine-h of the social services  law,  and
    50  whose  care  and  custody  were  transferred  to a local social services
    51  district or the office of children and  family  services  in  accordance
    52  with this article.
    53    2.  (a) When a respondent is in the care and custody of a local social
    54  services district or the office of children and family services pursuant
    55  to this article, such social services district or  office  shall  report
    56  any anticipated placement of the respondent into a qualified residential

        S. 2506--C                         48                         A. 3006--C
 
     1  treatment  program  as  defined  in  section  four hundred nine-h of the
     2  social services law to the court and  the  attorneys  for  the  parties,
     3  including the attorney for the respondent, forthwith, but not later than
     4  one  business  day following either the decision to place the respondent
     5  in the qualified residential treatment program or the  actual  date  the
     6  placement  change occurred, whichever is sooner. Such notice shall indi-
     7  cate the date that the initial  placement  or  change  in  placement  is
     8  anticipated  to  occur  or  the  date  the placement change occurred, as
     9  applicable. Provided, however, if such notice lists an anticipated  date
    10  for  the  placement change, the local social services district or office
    11  shall subsequently notify the court and the attorneys for  the  parties,
    12  including  the  attorney  for  the respondent, of the date the placement
    13  change occurred, such notice shall occur no later than one business  day
    14  following the placement change.
    15    (b)  When  a respondent whose legal custody was transferred to a local
    16  social services district or the office of children and  family  services
    17  in  accordance  with  this  article  resides  in a qualified residential
    18  treatment program as defined in  section  four  hundred  nine-h  of  the
    19  social  services  law,  and where such respondent's initial placement or
    20  change in placement in  such  qualified  residential  treatment  program
    21  commenced  on  or after September twenty-ninth, two thousand twenty-one,
    22  upon receipt of notice required pursuant to paragraph (a) of this subdi-
    23  vision and motion of the local social services district or the office of
    24  children and family services with legal custody of the  respondent,  the
    25  court  shall  schedule a court review to make an assessment and determi-
    26  nation of such placement in accordance with subdivision  three  of  this
    27  section.  Notwithstanding  any  other  provision of law to the contrary,
    28  such court review shall occur no later than sixty days from the date the
    29  placement of the  respondent  in  the  qualified  residential  treatment
    30  program commenced.
    31    3.  (a)  Within sixty days of the start of a placement of a respondent
    32  referenced in subdivision one of this section in a qualified residential
    33  treatment program, the court shall:
    34    (i) Consider the assessment, determination, and documentation made  by
    35  the  qualified individual pursuant to section four hundred nine-h of the
    36  social services law;
    37    (ii) Determine whether the needs of the respondent can be met  through
    38  placement  in a foster family home and, if not, whether placement of the
    39  respondent in a qualified residential  treatment  program  provides  the
    40  most  effective  and appropriate level of care for the respondent in the
    41  least restrictive environment and whether that placement  is  consistent
    42  with  the short-term and long-term goals for the respondent as specified
    43  in the respondent's permanency plan; and
    44    (iii) Approve or disapprove the placement of the respondent in a qual-
    45  ified residential treatment program. Provided that,  where  a  qualified
    46  individual  determines  that the placement of the respondent in a quali-
    47  fied residential treatment program is not appropriate in accordance with
    48  the assessment required pursuant to section four hundred nine-h  of  the
    49  social  services  law,  the  court may only approve the placement of the
    50  respondent in the qualified residential treatment program if:
    51    (A) the court finds, and states in the written order that:
    52    (1) circumstances exist that necessitate the  continued  placement  of
    53  the respondent in the qualified residential treatment program;
    54    (2)  there  is  not an alternative setting available that can meet the
    55  respondent's needs in a less restrictive environment; and

        S. 2506--C                         49                         A. 3006--C
 
     1    (3) that continued placement in the  qualified  residential  treatment
     2  program serves the respondent's needs and best interests or the need for
     3  protection of the community; and
     4    (B)  the  court's  written  order  states the specific reasons why the
     5  court has made the findings required pursuant  to  clause  (A)  of  this
     6  subparagraph.
     7    (iv)  Nothing  herein  shall prohibit the court from considering other
     8  relevant and necessary information to make a determination.
     9    (b) At the conclusion of the review, if the court  disapproves  place-
    10  ment  of the respondent in a qualified residential treatment program the
    11  court shall, on its own motion, determine a schedule for the  return  of
    12  the  respondent  and direct the local social services district or office
    13  of children and family services,  as  applicable,  to  make  such  other
    14  arrangements  for  the respondent's care and welfare that is in the best
    15  interest of the respondent and in the most effective and least  restric-
    16  tive  setting  as  the facts of the case may require. If a new placement
    17  order is necessary due to restrictions in the existing governing  place-
    18  ment order, the court may issue a new order.
    19    4.  The  court  may,  on  its  own motion, or the motion of any of the
    20  parties or the attorney for  the  respondent,  proceed  with  the  court
    21  review  required  pursuant  to  this section on the basis of the written
    22  records received and without a hearing. Provided however, the court  may
    23  only  proceed  with  the court review without a hearing pursuant to this
    24  subdivision upon the consent of all parties. Provided  further,  in  the
    25  event  that  the court conducts the court review requirement pursuant to
    26  this section but does not conduct it in a hearing, the court shall issue
    27  a written order specifying any determinations made  pursuant  to  clause
    28  (A)  of subparagraph (iii) of paragraph (a) of subdivision three of this
    29  section and provide such written order to the parties and  the  attorney
    30  for the respondent expeditiously, but no later than five days.
    31    5. Documentation of the court's determination pursuant to this section
    32  shall be recorded in the respondent's case record.
    33    6.  Nothing  in  this  section  shall prohibit the court's review of a
    34  placement in a qualified residential treatment program from occurring at
    35  the same time as another hearing scheduled for such respondent,  includ-
    36  ing  but  not  limited  to the respondent's permanency hearing, provided
    37  such approval is completed within sixty days of the start of such place-
    38  ment.
    39    § 5. Section 355.5 of the family court act is amended by adding a  new
    40  subdivision 10 to read as follows:
    41    10.  Where  the  respondent  remains placed in a qualified residential
    42  treatment program, as defined in section  four  hundred  nine-h  of  the
    43  social  services  law,  the  commissioner  of  the local social services
    44  district or the office of children and family services with legal custo-
    45  dy of the respondent shall submit evidence  at  the  permanency  hearing
    46  with respect to the respondent:
    47    (a)  demonstrating  that ongoing assessment of the strengths and needs
    48  of the respondent cannot be met through placement  in  a  foster  family
    49  home,  that  the  placement in a qualified residential treatment program
    50  provides the most effective  and  appropriate  level  of  care  for  the
    51  respondent  in the least restrictive environment, and that the placement
    52  is consistent with the short-term and long-term goals for  the  respond-
    53  ent, as specified in the respondent's permanency plan;
    54    (b)  documenting the specific treatment and service needs that will be
    55  met for the respondent in the placement  and  the  length  of  time  the
    56  respondent is expected to need the treatment or services; and

        S. 2506--C                         50                         A. 3006--C
 
     1    (c) documenting the efforts made by the local social services district
     2  or  the office of children and family services with legal custody of the
     3  respondent to prepare the respondent to return home,  or  to  be  placed
     4  with  a  fit and willing relative, legal guardian or adoptive parent, or
     5  in a foster family home.
     6    §  6. Section 756-a of the family court act is amended by adding a new
     7  subdivision (h) to read as follows:
     8    (h) Where the respondent remains placed  in  a  qualified  residential
     9  treatment  program,  as  defined  in  section four hundred nine-h of the
    10  social services law, the  commissioner  of  the  local  social  services
    11  district  with  legal custody of the respondent shall submit evidence at
    12  the permanency hearing with respect to the respondent:
    13    (i) demonstrating that ongoing assessment of the strengths  and  needs
    14  of  the respondent continues to support the determination that the needs
    15  of the respondent cannot be met through placement  in  a  foster  family
    16  home,  that  the  placement in a qualified residential treatment program
    17  provides the most effective  and  appropriate  level  of  care  for  the
    18  respondent  in the least restrictive environment, and that the placement
    19  is consistent with the short-term and long-term goals of the respondent,
    20  as specified in the respondent's permanency plan;
    21    (ii) documenting the specific treatment or service needs that will  be
    22  met  for  the  respondent  in  the  placement and the length of time the
    23  respondent is expected to need the treatment or services; and
    24    (iii) documenting the  efforts  made  by  the  local  social  services
    25  district  with legal custody of the respondent to prepare the respondent
    26  to return home, or to be placed with a fit and willing  relative,  legal
    27  guardian or adoptive parent, or in a foster family home.
    28    §  7. The family court act is amended by adding a new section 756-b to
    29  read as follows:
    30    § 756-b. Court review of placement in a qualified  residential  treat-
    31  ment  program.  1.  The  provisions  of  this section shall apply when a
    32  respondent is placed on or after September  twenty-ninth,  two  thousand
    33  twenty-one  and resides in a qualified residential treatment program, as
    34  defined in section four hundred nine-h of the social services  law,  and
    35  whose  care  and  custody  were  transferred  to a local social services
    36  district in accordance with this part.
    37    2. (a) When a respondent is in the care and custody of a local  social
    38  services  district  pursuant to this part, such social services district
    39  shall report any anticipated placement of the respondent into  a  quali-
    40  fied  residential  treatment program, as defined in section four hundred
    41  nine-h of the social services law, to the court and  the  attorneys  for
    42  the  parties,  including the attorney for the respondent, forthwith, but
    43  not later than one business day following either the decision  to  place
    44  the  respondent  in  the  qualified residential treatment program or the
    45  actual date the placement change occurred,  whichever  is  sooner.  Such
    46  notice  shall  indicate the date that the initial placement or change in
    47  placement is anticipated to occur  or  the  date  the  placement  change
    48  occurred,  as  applicable.  Provided,  however,  if such notice lists an
    49  anticipated date for the placement change,  the  local  social  services
    50  district  shall  subsequently notify the court and the attorneys for the
    51  parties, including the attorney for the  respondent,  of  the  date  the
    52  placement  change  occurred;  such  notice shall occur no later than one
    53  business day following the placement change.
    54    (b) When a respondent whose legal custody was transferred to  a  local
    55  social services district in accordance with this part resides in a qual-
    56  ified  residential treatment program, as defined in section four hundred

        S. 2506--C                         51                         A. 3006--C
 
     1  nine-h of the social services law, and where such  respondent's  initial
     2  placement or change in placement in such qualified residential treatment
     3  program commenced on or after September twenty-ninth, two thousand twen-
     4  ty-one,  upon  receipt  of  notice required pursuant to paragraph (a) of
     5  this subdivision and motion of the local social services  district,  the
     6  court  shall  schedule a court review to make an assessment and determi-
     7  nation of such placement in accordance with subdivision  three  of  this
     8  section.  Notwithstanding  any  other  provision of law to the contrary,
     9  such court review shall occur no later than sixty days from the date the
    10  placement of the  respondent  in  the  qualified  residential  treatment
    11  program commenced.
    12    3.  (a)  Within sixty days of the start of a placement of a respondent
    13  referenced in subdivision one of this section in a qualified residential
    14  treatment program, the court shall:
    15    (i) Consider the assessment, determination and documentation  made  by
    16  the  qualified individual pursuant to section four hundred nine-h of the
    17  social services law;
    18    (ii) Determine whether the needs of the respondent can be met  through
    19  placement  in a foster family home and, if not, whether placement of the
    20  respondent in a qualified residential  treatment  program  provides  the
    21  most  effective  and appropriate level of care for the respondent in the
    22  least restrictive environment and whether that placement  is  consistent
    23  with  the short-term and long-term goals for the respondent as specified
    24  in the respondent's permanency plan; and
    25    (iii) Approve or disapprove the placement of the respondent in a qual-
    26  ified residential treatment program. Provided that, where the  qualified
    27  individual  determines  that the placement of the respondent in a quali-
    28  fied residential treatment program is not appropriate in accordance with
    29  the assessment required pursuant to section four hundred nine-h  of  the
    30  social  services  law,  the  court may only approve the placement of the
    31  respondent in the qualified residential treatment program if:
    32    (A) the court finds, and states in the written order that:
    33    (1) circumstances exist that necessitate the  continued  placement  of
    34  the respondent in the qualified residential treatment program;
    35    (2)  there  is  not an alternative setting available that can meet the
    36  respondent's needs in a less restrictive environment; and
    37    (3) that it would be contrary to the welfare of the respondent  to  be
    38  placed in a less restrictive setting and that continued placement in the
    39  qualified  residential  treatment  program  is  in the respondent's best
    40  interest; and
    41    (B) the court's written order states  the  specific  reasons  why  the
    42  court  has  made  the  findings  required pursuant to clause (A) of this
    43  subparagraph.
    44    (iv) Nothing herein shall prohibit the court  from  considering  other
    45  relevant and necessary information to make a determination.
    46    (b)  At  the conclusion of the review, if the court disapproves place-
    47  ment of the respondent in a qualified residential treatment program  the
    48  court  shall,  on its own motion, determine a schedule for the return of
    49  the respondent and direct the local social  services  district  to  make
    50  such other arrangements for the respondent's care and welfare that is in
    51  the  best interest of the respondent and in the most effective and least
    52  restrictive setting as the facts of the  case  may  require.  If  a  new
    53  placement order is necessary due to restrictions in the existing govern-
    54  ing placement order, the court may issue a new order.
    55    4.    The  court  may,  on its own motion, or the motion of any of the
    56  parties or the attorney for  the  respondent,  proceed  with  the  court

        S. 2506--C                         52                         A. 3006--C
 
     1  review  required  pursuant  to  this section on the basis of the written
     2  records received and without a hearing. Provided however, the court  may
     3  only  proceed  with  the court review without a hearing pursuant to this
     4  subdivision  upon  the  consent of all parties. Provided further, in the
     5  event that the court conducts the court review requirement  pursuant  to
     6  this section but does not conduct it in a hearing, the court shall issue
     7  a  written  order  specifying any determinations made pursuant to clause
     8  (A) of subparagraph (iii) of paragraph (a) of subdivision three of  this
     9  section  and  provide such written order to the parties and the attorney
    10  for the respondent expeditiously, but no later than five days.
    11    5. Documentation of the court's determination pursuant to this section
    12  shall be recorded in the respondent's case record.
    13    6. Nothing in this section shall prohibit  the  court's  review  of  a
    14  placement in a qualified residential treatment program from occurring at
    15  the  same time as another hearing scheduled for such respondent, includ-
    16  ing but not limited to the  respondent's  permanency  hearing,  provided
    17  such approval is completed within sixty days of the start of such place-
    18  ment.
    19    §  8.  The  opening  paragraph of subdivision 5 of section 1017 of the
    20  family court act is designated paragraph (a) and a new paragraph (b)  is
    21  added to read as follows:
    22    (b)  When  a  child whose legal custody was transferred to the commis-
    23  sioner of a local social  services  district  in  accordance  with  this
    24  section resides in a qualified residential treatment program, as defined
    25  in  section  four  hundred  nine-h of the social services law, and where
    26  such child's initial placement or change in placement  in  such  program
    27  commenced  on  or after September twenty-ninth, two thousand twenty-one,
    28  upon receipt of notice required pursuant to paragraph (a) of this subdi-
    29  vision and motion of the local social services district, the court shall
    30  schedule a court review to make an assessment and determination of  such
    31  placement  in  accordance with section one thousand fifty-five-c of this
    32  article. Notwithstanding any other provision of  law  to  the  contrary,
    33  such court review shall occur no later than sixty days from the date the
    34  placement  of  the  child in the qualified residential treatment program
    35  commenced.
    36    § 9. The opening paragraph of subdivision (j) of section 1055  of  the
    37  family court act is designated paragraph (i) and a new paragraph (ii) is
    38  added to read as follows:
    39    (ii)  When  a child whose legal custody was transferred to the commis-
    40  sioner of a local social  services  district  in  accordance  with  this
    41  section resides in a qualified residential treatment program, as defined
    42  in  section  four  hundred  nine-h of the social services law, and where
    43  such child's initial placement or change in placement  in  such  program
    44  commenced  on  or after September twenty-ninth, two thousand twenty-one,
    45  upon receipt of notice required pursuant to paragraph (i) of this subdi-
    46  vision and motion of the local social services district, the court shall
    47  schedule a court review to make an assessment and determination of  such
    48  placement  in  accordance with section one thousand fifty-five-c of this
    49  part. Notwithstanding any other provision of law to the  contrary,  such
    50  court  review  shall  occur  no  later than sixty days from the date the
    51  placement of the child in the qualified  residential  treatment  program
    52  commenced.
    53    §  10.  The family court act is amended by adding a new section 1055-c
    54  to read as follows:
    55    §  1055-c. Court review of placement in a qualified residential treat-
    56  ment program. 1. The provisions of this section shall apply when a child

        S. 2506--C                         53                         A. 3006--C
 
     1  is placed on or after September twenty-ninth,  two  thousand  twenty-one
     2  and  resides in a qualified residential treatment program, as defined in
     3  section four hundred nine-h of the social services law, and  whose  care
     4  and  custody  were  transferred  to  the  commissioner of a local social
     5  services district in accordance with this article.
     6    2. Within sixty days of the start of a placement of a child referenced
     7  in subdivision one of this section in a qualified residential  treatment
     8  program, the court shall:
     9    (a)  Consider the assessment, determination, and documentation made by
    10  the qualified individual pursuant to section four hundred nine-h of  the
    11  social services law;
    12    (b) Determine whether the needs of the child can be met through place-
    13  ment in a foster family home and, if not, whether placement of the child
    14  in a qualified residential treatment program provides the most effective
    15  and  appropriate  level  of  care for the child in the least restrictive
    16  environment and whether that placement is consistent with the short-term
    17  and long-term goals for the child, as specified in the child's permanen-
    18  cy plan; and
    19    (c) Approve or disapprove the placement of the child  in  a  qualified
    20  residential  treatment program. Provided that, where the qualified indi-
    21  vidual determines that the placement of the child in a  qualified  resi-
    22  dential  treatment  program  is  not  appropriate in accordance with the
    23  assessment required pursuant to  section  four  hundred  nine-h  of  the
    24  social  services  law,  the  court may only approve the placement of the
    25  child in the qualified residential treatment program if:
    26    (i) the court finds, and states in the written order that:
    27    (A) circumstances exist that necessitate the  continued  placement  of
    28  the child in the qualified residential treatment program;
    29    (B)  there  is  not an alternative setting available that can meet the
    30  child's needs in a less restrictive environment; and
    31    (C) that continued placement in the  qualified  residential  treatment
    32  program is in the child's best interest; and
    33    (ii)  the  court's  written  order states the specific reasons why the
    34  court has made the findings required pursuant  to  subparagraph  (i)  of
    35  this paragraph.
    36    (d)  Nothing  herein  shall  prohibit the court from considering other
    37  relevant and necessary information to make a determination.
    38    3. At the conclusion of the review, if the court disapproves placement
    39  of the child in a qualified  residential  treatment  program  the  court
    40  shall,  on  its  own  motion, determine a schedule for the return of the
    41  child and direct the local social services district to make  such  other
    42  arrangements for the child's care and welfare that is in the best inter-
    43  est of the child and in the most effective and least restrictive setting
    44  as the facts of the case may require. If a new placement order is neces-
    45  sary  due to restrictions in the existing governing placement order, the
    46  court may issue a new order.
    47    4. The court may, on its own motion, or  the  motion  of  any  of  the
    48  parties  or  the  attorney  for the child, proceed with the court review
    49  required pursuant to this section on the basis of  the  written  records
    50  received  and  without  a  hearing. Provided however, the court may only
    51  proceed with the court review without a hearing pursuant to this  subdi-
    52  vision  upon  the consent of all parties. Provided further, in the event
    53  that the court conducts the court review requirement  pursuant  to  this
    54  section  but  does  not conduct it in a hearing, the court shall issue a
    55  written order specifying any determinations made  pursuant  to  subpara-
    56  graph  (i)  of  paragraph  (c)  of  subdivision  two of this section and

        S. 2506--C                         54                         A. 3006--C
 
     1  provide such written order to the parties and the attorney for the child
     2  expeditiously, but no later than five days.
     3    5. Documentation of the court's determination pursuant to this section
     4  shall be recorded in the child's case record.
     5    6.  Nothing  in  this  section  shall prohibit the court's review of a
     6  placement in a qualified residential treatment program from occurring at
     7  the same time as another hearing scheduled for such child, including but
     8  not limited to the child's permanency hearing, provided such approval is
     9  completed within sixty days of the start of such placement.
    10    § 11. Clause (C) of subparagraph (ix) of paragraph  5  of  subdivision
    11  (c)  of  section 1089 of the family court act, as added by section 27 of
    12  part A of chapter 3 of the laws of 2005, is amended, and a new paragraph
    13  6 is added to read as follows:
    14    (C) if the child is over age fourteen and has voluntarily withheld his
    15  or her consent to an adoption, the facts and circumstances regarding the
    16  child's decision to withhold consent and the reasons therefor[.]; and
    17    (6) Where the child remains placed in a qualified  residential  treat-
    18  ment  program,  as  defined in section four hundred nine-h of the social
    19  services law, the commissioner of  the  social  services  district  with
    20  legal custody of the child shall submit evidence at the permanency hear-
    21  ing with respect to the child:
    22    (i)  demonstrating  that ongoing assessment of the strengths and needs
    23  of the child continues to support the determination that  the  needs  of
    24  the  child cannot be met through placement in a foster family home, that
    25  the placement in a qualified residential treatment program provides  the
    26  most  effective and appropriate level of care for the child in the least
    27  restrictive environment, and that the placement is consistent  with  the
    28  short-term  and  long-term  goals  for  the  child,  as specified in the
    29  child's permanency plan;
    30    (ii) documenting the specific treatment or service needs that will  be
    31  met  for  the child in the placement and the length of time the child is
    32  expected to need the treatment or services; and
    33    (iii) documenting the  efforts  made  by  the  local  social  services
    34  district to prepare the child to return home, or to be placed with a fit
    35  and  willing relative, legal guardian or adoptive parent, or in a foster
    36  family home.
    37    § 12. The opening paragraph of clause (H)  of  subparagraph  (vii)  of
    38  paragraph  2  of subdivision (d) of section 1089 of the family court act
    39  is designated item (I) and a new item (II) is added to read as follows:
    40    (II) When a child whose legal custody was transferred to  the  commis-
    41  sioner  of  a  local  social  services  district in accordance with this
    42  section resides in a qualified residential treatment program as  defined
    43  in section four hundred nine-h of the social services law and where such
    44  child's  initial  placement  or  change  in  placement  in  such program
    45  commenced on or after September twenty-ninth, two  thousand  twenty-one,
    46  upon  receipt of notice required pursuant to item (I) of this clause and
    47  motion of the local social services district, the court shall schedule a
    48  court review to make an assessment and determination of  such  placement
    49  in  accordance  with  section  three  hundred ninety-three of the social
    50  services law or section one thousand fifty-five-c, one thousand  ninety-
    51  one-a  or one thousand ninety-seven of this chapter. Notwithstanding any
    52  other provision of law to the contrary, such court review shall occur no
    53  later than sixty days from the date the placement of the  child  in  the
    54  qualified residential treatment program commenced.
    55    §  13.  The family court act is amended by adding a new section 1091-a
    56  to read as follows:

        S. 2506--C                         55                         A. 3006--C
 
     1    § 1091-a. Court review of placement in a qualified residential  treat-
     2  ment  program.  1.  The  provisions  of  this section shall apply when a
     3  former foster care youth is placed on or after  September  twenty-ninth,
     4  two  thousand  twenty-one, and resides in a qualified residential treat-
     5  ment  program,  as  defined in section four hundred nine-h of the social
     6  services law, and whose care and custody were  transferred  to  a  local
     7  social  services  district or the office of children and family services
     8  in accordance with this article.
     9    2. (a) When a former foster care youth is in the care and custody of a
    10  local social services district or the  office  of  children  and  family
    11  services  pursuant  to  this  article,  such social services district or
    12  office shall report any anticipated placement of the former foster  care
    13  youth  into  a  qualified  residential  treatment program, as defined in
    14  section four hundred nine-h of the social services law, to the court and
    15  the attorneys for the parties, including the  attorney  for  the  former
    16  foster  care  youth,  forthwith,  but  not  later  than one business day
    17  following either the decision to place the former foster care  youth  in
    18  the  qualified  residential  treatment  program  or  the actual date the
    19  placement change occurred, whichever is sooner. Such notice shall  indi-
    20  cate  the  date  that  the  initial  placement or change in placement is
    21  anticipated to occur or the  date  the  placement  change  occurred,  as
    22  applicable.  Provided, however, if such notice lists an anticipated date
    23  for the placement change, the local social services district  or  office
    24  shall  subsequently  notify  the  court  and  attorneys for the parties,
    25  including the attorney for the former foster care youth, of the date the
    26  placement change occurred; such notice shall occur  no  later  than  one
    27  business day following the placement change.
    28    (b)  When  a  former  foster care youth whose legal custody was trans-
    29  ferred to a local social services district or the office of children and
    30  family services in accordance with this article resides in  a  qualified
    31  residential treatment program, as defined in section four hundred nine-h
    32  of  the  social  services law, and where such former foster care youth's
    33  initial placement or change in placement in such  qualified  residential
    34  treatment  program  commenced  on  or  after September twenty-ninth, two
    35  thousand twenty-one, upon receipt of notice required pursuant  to  para-
    36  graph  (a)  of  this subdivision and motion of the local social services
    37  district, the court shall schedule a court review to make an  assessment
    38  and determination of such placement in accordance with subdivision three
    39  of  this  section.  Notwithstanding  any  other  provision of law to the
    40  contrary, such court review shall occur no later than  sixty  days  from
    41  the  date the placement of the former foster care youth in the qualified
    42  residential treatment program commenced.
    43    3. Within sixty days of the start of a placement of  a  former  foster
    44  care  youth referenced in subdivision one of this section in a qualified
    45  residential treatment program, the court shall:
    46    (a) Consider the assessment, determination, and documentation made  by
    47  the  qualified individual pursuant to section four hundred nine-h of the
    48  social services law;
    49    (b) Determine whether the needs of the former foster care youth can be
    50  met through placement in a foster  family  home  and,  if  not,  whether
    51  placement  of  the  former  foster care youth in a qualified residential
    52  treatment program provides the most effective and appropriate  level  of
    53  care  for the former foster care youth in the least restrictive environ-
    54  ment and whether that placement is consistent with  the  short-term  and
    55  long-term  goals  for  the former foster care youth, as specified in the
    56  former foster care youth's permanency plan; and

        S. 2506--C                         56                         A. 3006--C
 
     1    (c) Approve or disapprove the placement  of  the  former  foster  care
     2  youth in a qualified residential treatment program. Provided that, where
     3  the  qualified  individual  determines  that the placement of the former
     4  foster care youth in a qualified residential treatment  program  is  not
     5  appropriate  in  accordance  with  the  assessment  required pursuant to
     6  section four hundred nine-h of the social services law,  the  court  may
     7  only approve the placement of the former foster care youth in the quali-
     8  fied residential treatment program if:
     9    (i) the court finds, and states in the written order that:
    10    (A)  circumstances  exist  that necessitate the continued placement of
    11  the former foster care youth  in  the  qualified  residential  treatment
    12  program;
    13    (B)  there  is  not an alternative setting available that can meet the
    14  former foster care youth's needs in a less restrictive environment; and
    15    (C) that continued placement in the  qualified  residential  treatment
    16  program is in the former foster care youth's best interest; and
    17    (ii)  the  court's  written  order states the specific reasons why the
    18  court has made the findings required pursuant  to  subparagraph  (i)  of
    19  this paragraph.
    20    (d)  Nothing  herein  shall  prohibit the court from considering other
    21  relevant and necessary information to make a determination.
    22    4. At the conclusion of the review, if the court disapproves placement
    23  of the former foster care youth in  a  qualified  residential  treatment
    24  program the court shall, on its own motion, determine a schedule for the
    25  return  of  the  former  foster  care  youth and direct the local social
    26  services district or office of children and family services, as applica-
    27  ble, to make such other arrangements for the former foster care  youth's
    28  care  and welfare that is in the best interest of the former foster care
    29  youth and in the most effective and least  restrictive  setting  as  the
    30  facts of the case may require. If a new placement order is necessary due
    31  to restrictions in the existing governing placement order, the court may
    32  issue a new order.
    33    5.  The  court  may,  on  its  own motion, or the motion of any of the
    34  parties or the attorney for the former foster care youth,  proceed  with
    35  the  court  review required pursuant to this section on the basis of the
    36  written records received and without a hearing.  Provided  however,  the
    37  court  may only proceed with the court review without a hearing pursuant
    38  to this subdivision upon the consent of all parties.  Provided  further,
    39  in the event that the court conducts the court review requirement pursu-
    40  ant  to  this  section  but  does not conduct it in a hearing, the court
    41  shall issue a written order specifying any determinations made  pursuant
    42  to  subparagraph  (i)  of  paragraph  (c)  of  subdivision three of this
    43  section and provide such written order to the parties and  the  attorney
    44  for  the  former foster care youth expeditiously, but no later than five
    45  days.
    46    6. Documentation of the court's determination pursuant to this section
    47  shall be recorded in the former foster care youth's case record.
    48    7. Nothing in this section shall prohibit  the  court's  review  of  a
    49  placement in a qualified residential treatment program from occurring at
    50  the  same  time as another hearing scheduled for such former foster care
    51  youth, including but not limited  to  the  former  foster  care  youth's
    52  permanency  hearing,  provided  such  approval is completed within sixty
    53  days of the start of such placement.
    54    § 14. The family court act is amended by adding a new section 1097  to
    55  read as follows:

        S. 2506--C                         57                         A. 3006--C
 
     1    § 1097. Court review of placement in a qualified residential treatment
     2  program.  1.  The provisions of this section shall apply when a child is
     3  placed on or after September twenty-ninth, two thousand twenty-one,  and
     4  resides  in  a  qualified  residential  treatment program, as defined in
     5  section  four  hundred nine-h of the social services law, and whose care
     6  and custody were transferred to a  local  social  services  district  in
     7  accordance with this article.
     8    2.  (a)  When  a  child  is  in the care and custody of a local social
     9  services  district  pursuant  to  this  article,  such  social  services
    10  district  shall  report  any  anticipated  placement of the child into a
    11  qualified residential treatment program,  as  defined  in  section  four
    12  hundred  nine-h  of the social services law, to the court and the attor-
    13  neys for the parties, including the attorney for the  child,  forthwith,
    14  but  not  later  than  one business day following either the decision to
    15  place the child in the qualified residential treatment  program  or  the
    16  actual  date  the  placement  change occurred, whichever is sooner. Such
    17  notice shall indicate the date that the initial placement or  change  in
    18  placement  is  anticipated  to  occur  or  the date the placement change
    19  occurred, as applicable. Provided, however,  if  such  notice  lists  an
    20  anticipated  date  for  the  placement change, the local social services
    21  district shall subsequently notify  the  court  and  attorneys  for  the
    22  parties, including the attorney for the child, of the date the placement
    23  change  occurred, such notice shall occur no later than one business day
    24  following the placement change.
    25    (b) When a child whose legal custody was transferred to a local social
    26  services district in accordance with this article resides in a qualified
    27  residential treatment program, as defined in section four hundred nine-h
    28  of the social services law, and where such child's initial placement  or
    29  change  in  placement  in  such  qualified residential treatment program
    30  commenced on or after September twenty-ninth, two  thousand  twenty-one,
    31  upon receipt of notice required pursuant to paragraph (a) of this subdi-
    32  vision and motion of the local social services district, the court shall
    33  schedule  a court review to make an assessment and determination of such
    34  placement in accordance with subdivision three of this section. Notwith-
    35  standing any other provision of law to the contrary, such  court  review
    36  shall  occur no later than sixty days from the date the placement of the
    37  child in the qualified residential treatment program commenced.
    38    3. Within sixty days of the start of a placement of a child referenced
    39  in subdivision one of this section in a qualified residential  treatment
    40  program, the court shall:
    41    (a)  Consider the assessment, determination, and documentation made by
    42  the qualified individual pursuant to section four hundred nine-h of  the
    43  social services law;
    44    (b) Determine whether the needs of the child can be met through place-
    45  ment in a foster family home and, if not, whether placement of the child
    46  in a qualified residential treatment program provides the most effective
    47  and  appropriate  level  of  care for the child in the least restrictive
    48  environment and whether that placement is consistent with the short-term
    49  and long-term goals for the child, as specified in the child's permanen-
    50  cy plan; and
    51    (c) Approve or disapprove the placement of the child in the  qualified
    52  residential  treatment program. Provided that, where the qualified indi-
    53  vidual determines that the placement of the child in a  qualified  resi-
    54  dential  treatment  program  is  not  appropriate in accordance with the
    55  assessment required pursuant to  section  four  hundred  nine-h  of  the

        S. 2506--C                         58                         A. 3006--C

     1  social  services  law,  the  court may only approve the placement of the
     2  child in the qualified residential treatment program if:
     3    (i) the court finds, and states in the written order that:
     4    (A)  circumstances  exist  that necessitate the continued placement of
     5  the child in the qualified residential treatment program;
     6    (B) there is not an alternative setting available that  can  meet  the
     7  child's needs in a less restrictive environment; and
     8    (C)  that  continued  placement in the qualified residential treatment
     9  program is in the child's best interest; and
    10    (ii) the court's written order states the  specific  reasons  why  the
    11  court  has  made  the  findings required pursuant to subparagraph (i) of
    12  this paragraph.
    13    (d) Nothing herein shall prohibit the  court  from  considering  other
    14  relevant and necessary information to make a determination.
    15    4. At the conclusion of the review, if the court disapproves placement
    16  of  the  child  in  a  qualified residential treatment program the court
    17  shall, on its own motion, determine a schedule for  the  return  of  the
    18  child  and  direct the local social services district to make such other
    19  arrangements for the child's care and welfare that is in the best inter-
    20  est of the child and in the most effective and least restrictive setting
    21  as the facts of the case may require. If a new placement order is neces-
    22  sary due to restrictions in the existing governing placement order,  the
    23  court may issue a new order.
    24    5.  The  court  may,  on  its  own motion, or the motion of any of the
    25  parties or the attorney for the child, proceed  with  the  court  review
    26  required  pursuant  to  this section on the basis of the written records
    27  received and without a hearing. Provided however,  the  court  may  only
    28  proceed  with the court review without a hearing pursuant to this subdi-
    29  vision upon the consent of all parties. Provided further, in  the  event
    30  that  the  court  conducts the court review requirement pursuant to this
    31  section but does not conduct it in a hearing, the court  shall  issue  a
    32  written  order  specifying  any determinations made pursuant to subpara-
    33  graph (i) of paragraph (c) of subdivision  three  of  this  section  and
    34  provide such written order to the parties and the attorney for the child
    35  expeditiously, but no later than five days.
    36    6. Documentation of the court's determination pursuant to this section
    37  shall be recorded in the child's case record.
    38    7.  Nothing  in  this  section  shall prohibit the court's review of a
    39  placement in a qualified residential treatment program from occurring at
    40  the same time as another hearing scheduled for such child, including but
    41  not limited to the child's permanency hearing, provided such approval is
    42  completed within sixty days of the start of such placement.
    43    § 15. The office of children and family services, beginning  one  year
    44  after the effective date of this act and annually thereafter, shall make
    45  the following information publicly available on its website:
    46    1.  the total number of youth placed in a qualified residential treat-
    47  ment program whose placement was determined to be inappropriate;
    48    2. the total number of youth placed in a qualified residential  treat-
    49  ment program whose placement was determined to be appropriate; and
    50    3.  any  other  information the office deems appropriate to assess the
    51  effectiveness of the  implementation  of  the  family  first  prevention
    52  services act.
    53    §  16.  Severability.  If  any clause, sentence, paragraph, section or
    54  part of this act shall be adjudged by any court of  competent  jurisdic-
    55  tion  to be invalid and after exhaustion of all further judicial review,
    56  the judgment shall not affect, impair or invalidate the remainder there-

        S. 2506--C                         59                         A. 3006--C
 
     1  of, but shall be confined in its  operation  to  the  clause,  sentence,
     2  paragraph,  section or part of this act directly involved in the contro-
     3  versy in which the judgment shall have been rendered.
     4    §  17. This act shall take effect September 29, 2021; provided, howev-
     5  er, that the provisions of section fifteen of this act shall expire  and
     6  be deemed repealed December 31, 2026; and provided, further, that:
     7    (a) (i) notwithstanding any other provision of law, provisions in this
     8  act  shall  not take effect unless and until the state title IV-E agency
     9  submits to the United States Department of Health  and  Human  Services,
    10  Administration  for  Children,  Youth  and Families, an amendment to the
    11  title IV-E state plan and the United States  Department  of  Health  and
    12  Human Services, Administration for Children, Youth and Families approves
    13  said title IV-E state plan amendment regarding when a child is placed in
    14  a  qualified  residential treatment program in relation to the following
    15  components: (1) the qualified individual and the  establishment  of  the
    16  assessment by the qualified individual to be completed prior to or with-
    17  in  30-days  of the child's placement as established by section three of
    18  this act; (2) the 60 day court reviews, including the ability to conduct
    19  at the same time as another hearing scheduled for the child,  as  estab-
    20  lished  by  sections  one,  two,  four, seven, eight, nine, ten, twelve,
    21  thirteen and fourteen of this act; and (3) permanency  hearing  require-
    22  ments as established by sections five, six and eleven of this act;
    23    (ii)  provided however, that if the United States Department of Health
    24  and Human Services, Administration  for  Children,  Youth  and  Families
    25  fails  to  approve  or disapproves any of the components listed in para-
    26  graph (i) of this subdivision, such action shall not impact  the  effec-
    27  tive date for the remaining components listed therein;
    28    (b) the office of children and family services shall inform the legis-
    29  lative  bill  drafting  commission upon the occurrence of the submission
    30  set forth in subdivision (a) of this section and  any  approval  related
    31  thereto in order that the commission may maintain an effective and time-
    32  ly  database  of  the official texts of the state of laws of New York in
    33  furtherance of effectuating the provisions of section 44 of the legisla-
    34  tive law and section 70-b of the public officers law;
    35    (c) for the purposes of this act, the  term  "placement"  shall  refer
    36  only to placements made on or after the effective date of the Title IV-E
    37  state  plan  to establish the 30-day assessment, 60-day court review and
    38  permanency hearing requirements set forth in this act that occur  on  or
    39  after its effective date; and
    40    (d) the office of children and family services and the office of court
    41  administration  are hereby authorized to promulgate such rules and regu-
    42  lations on an emergency basis as  may  be  necessary  to  implement  the
    43  provisions of this act on or before such effective date.
 
    44                                   PART M
 
    45                            Intentionally Omitted
 
    46                                   PART N
 
    47                            Intentionally Omitted
 
    48                                   PART O
 
    49    Section  1.  Notwithstanding  any  other provision of law, the housing
    50  trust fund corporation may provide, for  purposes  of  the  neighborhood

        S. 2506--C                         60                         A. 3006--C
 
     1  preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
     2  year ending March 31, 2022.  Within this total amount, $150,000 shall be
     3  used for the purpose of entering into a contract with  the  neighborhood
     4  preservation  coalition  to provide technical assistance and services to
     5  companies funded pursuant to article 16 of the private  housing  finance
     6  law.    Notwithstanding  any  other provision of law, and subject to the
     7  approval of the New York state director of  the  budget,  the  board  of
     8  directors  of  the state of New York mortgage agency shall authorize the
     9  transfer to the housing trust fund  corporation,  for  the  purposes  of
    10  reimbursing  any costs associated with neighborhood preservation program
    11  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
    12  $12,830,000,  such  transfer  to be made from (i) the special account of
    13  the mortgage insurance fund created pursuant to section  2429-b  of  the
    14  public  authorities  law,  in  an amount not to exceed the actual excess
    15  balance in the special account of the mortgage insurance fund, as deter-
    16  mined and certified by the state of New York  mortgage  agency  for  the
    17  fiscal  year  2020-2021  in accordance with section 2429-b of the public
    18  authorities law, if any, and/or (ii) provided that the reserves  in  the
    19  project  pool  insurance  account of the mortgage insurance fund created
    20  pursuant to section 2429-b of the public authorities law are  sufficient
    21  to  attain and maintain the credit rating (as determined by the state of
    22  New York mortgage agency) required to accomplish the  purposes  of  such
    23  account,  the  project  pool insurance account of the mortgage insurance
    24  fund, such transfer to be made as soon as practicable but no later  than
    25  June 30, 2021.
    26    §  2.  Notwithstanding  any  other provision of law, the housing trust
    27  fund corporation may provide, for purposes  of  the  rural  preservation
    28  program, a sum not to exceed $5,360,000 for the fiscal year ending March
    29  31,  2022.    Within  this  total amount, $150,000 shall be used for the
    30  purpose of entering into a contract with the rural housing coalition  to
    31  provide  technical  assistance and services to companies funded pursuant
    32  to article 17 of the private housing finance law.   Notwithstanding  any
    33  other  provision  of  law,  and  subject to the approval of the New York
    34  state director of the budget, the board of directors of the state of New
    35  York mortgage agency shall authorize the transfer to the  housing  trust
    36  fund  corporation,  for the purposes of reimbursing any costs associated
    37  with rural preservation program contracts authorized by this section,  a
    38  total  sum  not  to exceed $5,360,000, such transfer to be made from (i)
    39  the special account of the mortgage insurance fund created  pursuant  to
    40  section 2429-b of the public authorities law, in an amount not to exceed
    41  the  actual excess balance in the special account of the mortgage insur-
    42  ance fund, as determined and certified by the state of New York mortgage
    43  agency for the fiscal year 2020-2021 in accordance with  section  2429-b
    44  of  the  public  authorities  law, if any, and/or (ii) provided that the
    45  reserves in the project pool insurance account of the mortgage insurance
    46  fund created pursuant to section 2429-b of the  public  authorities  law
    47  are  sufficient  to attain and maintain the credit rating (as determined
    48  by the state of New York mortgage agency)  required  to  accomplish  the
    49  purposes  of  such  account,  the  project pool insurance account of the
    50  mortgage insurance fund, such transfer to be made as soon as practicable
    51  but no later than June 30, 2021.
    52    § 3. Notwithstanding any other provision of law, the homeless  housing
    53  and  assistance  corporation  may  provide,  for  services  and expenses
    54  related to homeless housing and preventative services programs including
    55  but not limited to the New York state supportive  housing  program,  the
    56  solutions  to  end  homelessness  program or the operational support for

        S. 2506--C                         61                         A. 3006--C
 
     1  AIDS housing program, or to qualified grantees under such  programs,  in
     2  accordance  with  the requirements of such programs, a sum not to exceed
     3  $45,181,000 for the fiscal year ending  March  31,  2022.  The  homeless
     4  housing  and assistance corporation may enter into an agreement with the
     5  office of temporary and disability assistance to administer such sum  in
     6  accordance  with  the requirements of such programs. Notwithstanding any
     7  other provision of law, and subject to the  approval  of  the  New  York
     8  state director of the budget, the board of directors of the state of New
     9  York  mortgage agency shall authorize the transfer to the homeless hous-
    10  ing and assistance corporation, a total sum not to  exceed  $45,181,000,
    11  such  transfer  to  be made from (i) the special account of the mortgage
    12  insurance fund created pursuant to section 2429-b of the public authori-
    13  ties law, in an amount not to exceed the actual excess  balance  in  the
    14  special account of the mortgage insurance fund, as determined and certi-
    15  fied  by the state of New York mortgage agency for the fiscal year 2020-
    16  2021 in accordance with section 2429-b of the public authorities law, if
    17  any, and/or (ii) provided that the reserves in the project  pool  insur-
    18  ance  account of the mortgage insurance fund created pursuant to section
    19  2429-b of the public authorities law are sufficient to attain and  main-
    20  tain  the  credit rating as determined by the state of New York mortgage
    21  agency, required to accomplish the purposes of such account, the project
    22  pool insurance account of the mortgage  insurance  fund,  such  transfer
    23  shall be made as soon as practicable but no later than March 31, 2022.
    24    §  4. Notwithstanding any other provision of law, the homeless housing
    25  and assistance corporation may provide, for purposes of reimbursing  New
    26  York  city  expenditures  for  adult  shelters,  a  sum  not  to  exceed
    27  $65,568,000 for the fiscal year ending March 31, 2022.   Notwithstanding
    28  any  other  inconsistent provision of law, such funds shall be available
    29  for eligible costs incurred on or after  January  1,  2021,  and  before
    30  January  1,  2022,  that  are  otherwise reimbursable by the state on or
    31  after April 1, 2021, and that  are  claimed  by  March  31,  2022.  Such
    32  reimbursement  shall constitute total state reimbursement for activities
    33  funded  herein  in  state  fiscal  year  2021-2022,  and  shall  include
    34  reimbursement for costs associated with a court mandated plan to improve
    35  shelter  conditions  for  medically  frail  persons and additional costs
    36  incurred as part of a plan to reduce over-crowding in  congregate  shel-
    37  ters.  The homeless housing and assistance corporation may enter into an
    38  agreement with the office of  temporary  and  disability  assistance  to
    39  administer  such  sum  in accordance with the laws, rules or regulations
    40  relating to public assistance and care or  the  administration  thereof.
    41  Notwithstanding  any other provision of law, and subject to the approval
    42  of the New York state director of the budget, and the  authorization  by
    43  the  members  of the state of New York housing finance agency, the state
    44  of New York housing finance agency shall transfer to the homeless  hous-
    45  ing  and  assistance corporation, a total sum not to exceed $65,568,000,
    46  such transfer to be made from excess funds of the housing finance  agen-
    47  cy,  not  pledged to the payment of the agency's outstanding bonds. Such
    48  transfer shall be made as soon as practicable but no  later  than  March
    49  31, 2022.
    50    § 5. This act shall take effect immediately.

    51                                   PART P
 
    52    Section  1.  Paragraphs  (a),  (b),  (c),  and (d) of subdivision 1 of
    53  section 131-o of the social services law, as amended  by  section  1  of

        S. 2506--C                         62                         A. 3006--C
 
     1  part  K  of  chapter  56  of  the  laws  of 2020, are amended to read as
     2  follows:
     3    (a)  in  the  case of each individual receiving family care, an amount
     4  equal to at least [$150.00] $152.00 for each month beginning on or after
     5  January first, two thousand [twenty] twenty-one.
     6    (b) in the case of each  individual  receiving  residential  care,  an
     7  amount  equal  to at least [$174.00] $176.00 for each month beginning on
     8  or after January first, two thousand [twenty] twenty-one.
     9    (c) in the case of  each  individual  receiving  enhanced  residential
    10  care,  an  amount  equal  to  at  least [$207.00] $210.00 for each month
    11  beginning on or after January first, two thousand [twenty] twenty-one.
    12    (d) for the period commencing January first, two thousand [twenty-one]
    13  twenty-two, the monthly personal needs  allowance  shall  be  an  amount
    14  equal  to  the sum of the amounts set forth in subparagraphs one and two
    15  of this paragraph:
    16    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    17  subdivision; and
    18    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    19  the percentage of any  federal  supplemental  security  income  cost  of
    20  living adjustment which becomes effective on or after January first, two
    21  thousand [twenty-one] twenty-two, but prior to June thirtieth, two thou-
    22  sand [twenty-one] twenty-two, rounded to the nearest whole dollar.
    23    §  2.  Paragraphs (a), (b), (c), (d), (e), and (f) of subdivision 2 of
    24  section 209 of the social services law, as amended by section 2 of  part
    25  K of chapter 56 of the laws of 2020, are amended to read as follows:
    26    (a)  On and after January first, two thousand [twenty] twenty-one, for
    27  an eligible individual living  alone,  [$870.00]  $881.00;  and  for  an
    28  eligible couple living alone, [$1,279.00] $1,295.00.
    29    (b)  On and after January first, two thousand [twenty] twenty-one, for
    30  an eligible individual  living  with  others  with  or  without  in-kind
    31  income, [$806.00] $817.00; and for an eligible couple living with others
    32  with or without in-kind income, [$1,221.00] $1,237.00.
    33    (c)  On and after January first, two thousand [twenty] twenty-one, (i)
    34  for an eligible individual receiving family care, [$1,049.48]  $1,060.48
    35  if he or she is receiving such care in the city of New York or the coun-
    36  ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
    37  couple  receiving  family  care in the city of New York or the county of
    38  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    39  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    40  ual receiving such care in any other county in  the  state,  [$1,011.48]
    41  $1,022.48;  and  (iv)  for an eligible couple receiving such care in any
    42  other county in the state, two times the amount set  forth  in  subpara-
    43  graph (iii) of this paragraph.
    44    (d)  On and after January first, two thousand [twenty] twenty-one, (i)
    45  for an  eligible  individual  receiving  residential  care,  [$1,218.00]
    46  $1,229.00 if he or she is receiving such care in the city of New York or
    47  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    48  eligible couple receiving residential care in the city of  New  York  or
    49  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    50  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    51  eligible  individual  receiving  such  care  in  any other county in the
    52  state, [$1,188.00] $1,199.00; and (iv) for an eligible couple  receiving
    53  such  care  in  any  other county in the state, two times the amount set
    54  forth in subparagraph (iii) of this paragraph.
    55    (e) On and after January first, two thousand [twenty] twenty-one,  (i)
    56  for   an   eligible  individual  receiving  enhanced  residential  care,

        S. 2506--C                         63                         A. 3006--C
 
     1  [$1,477.00]  $1,488.00;  and  (ii)  for  an  eligible  couple  receiving
     2  enhanced  residential  care,  two times the amount set forth in subpara-
     3  graph (i) of this paragraph.
     4    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
     5  vision  shall  be  increased to reflect any increases in federal supple-
     6  mental security income benefits for individuals or couples which  become
     7  effective  on  or after January first, two thousand [twenty-one] twenty-
     8  two but prior to June thirtieth, two thousand [twenty-one] twenty-two.
     9    § 3. This act shall take effect December 31, 2021.
 
    10                                   PART Q
 
    11    Section 1. Section 82 of the state finance law, as  added  by  chapter
    12  375 of the laws of 2018, is amended to read as follows:
    13    §  82. Gifts to food banks fund. 1. There is hereby established in the
    14  sole custody of the commissioner of taxation and finance a special  fund
    15  to  be known as the "gifts to food banks fund". Monies in the fund shall
    16  be kept separate from and not commingled with other funds  held  in  the
    17  sole custody of the commissioner of taxation and finance.
    18    2.  Such fund shall consist of all revenues received by the department
    19  of taxation and finance  pursuant  to  the  provisions  of  section  six
    20  hundred  twenty-five-a  of the tax law and all other money appropriated,
    21  credited, or transferred thereto from any other fund or source  pursuant
    22  to  law.  Nothing in this section shall prevent the state from receiving
    23  grants, gifts or bequests for the purposes of the  fund  as  defined  in
    24  this section and depositing them into the fund according to law.
    25    3.  Monies  of the fund shall, after appropriation by the legislature,
    26  be made available to the [office of temporary and disability assistance]
    27  department of health for grants to regional  food  banks,  organized  to
    28  serve  specific  regions of the state, that generally collect and redis-
    29  tribute food donations to organizations serving persons in need.  Monies
    30  shall  be  payable  from  the  fund  by the commissioner of taxation and
    31  finance on vouchers approved by the commissioner of [temporary and disa-
    32  bility assistance] health. The commissioner of [temporary and disability
    33  assistance] health shall promulgate rules and regulations necessary  for
    34  the distribution of such grants.
    35    4.  To  the  extent  practicable,  the  commissioner of [the office of
    36  temporary and disability assistance] health shall ensure that all monies
    37  received during a fiscal year are expended prior  to  the  end  of  that
    38  fiscal year.
    39    5.  On  or before the first day of February each year, the comptroller
    40  shall certify to the governor, temporary president of the senate, speak-
    41  er of the assembly, chair of the senate finance committee and  chair  of
    42  the  assembly ways and means committee, the amount of money deposited in
    43  the gifts to food banks fund during the preceding calendar year  as  the
    44  result  of revenue derived pursuant to section six hundred twenty-five-a
    45  of the tax law.
    46    6. On or before the first day of February each year, the  commissioner
    47  of  [the  office  of  temporary  and disability assistance] health shall
    48  provide a written report to  the  temporary  president  of  the  senate,
    49  speaker of the assembly, chair of the senate finance committee, chair of
    50  the  assembly ways and means committee, chair of the senate committee on
    51  social services, chair of the assembly social  services  committee,  and
    52  the  public.  Such  report shall include how the monies of the fund were
    53  utilized during the preceding calendar year and shall include:
    54    (a) the amount of money [dispersed] disbursed from the fund;

        S. 2506--C                         64                         A. 3006--C
 
     1    (b) the recipients of awards from the fund;
     2    (c) the amount awarded to each recipient;
     3    (d) the purposes for which such awards were granted; and
     4    (e) a summary financial plan for such monies which shall include esti-
     5  mates of all receipts and all disbursements for the current and succeed-
     6  ing  fiscal  years,  along with the actual results from the prior fiscal
     7  year.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART R
 
    10                            Intentionally Omitted
 
    11                                   PART S
 
    12                            Intentionally Omitted
 
    13                                   PART T

    14                            Intentionally Omitted
 
    15                                   PART U
 
    16    Section 1. Section 577 of the private housing finance law  is  amended
    17  by adding a new subdivision 2-a to read as follows:
    18    2-a.  Notwithstanding any inconsistent provision of law to the contra-
    19  ry,  a project of a housing development fund company incorporated pursu-
    20  ant to the not-for-profit corporation law  and  this  article  shall  be
    21  exempt  from  the  sales  and compensating use taxes imposed pursuant to
    22  article twenty-eight or twenty-nine of the tax law, provided  that  such
    23  housing development fund company has entered into a regulatory agreement
    24  with respect to the provision of affordable housing with the commission-
    25  er, a state agency or authority as defined in this chapter, the New York
    26  city department of housing preservation and development, or the New York
    27  city  housing  development  corporation,  and  such  tax exemption shall
    28  continue only so long as such agreement is in force and effect.
    29    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    30  projects  that  are  the subject of regulatory agreements that have been
    31  entered into with the commissioner,  a  state  agency  or  authority  as
    32  defined in this chapter, the New York city department of housing preser-
    33  vation  and development, or the New York city housing development corpo-
    34  ration on or after January 1, 2019.
 
    35                                   PART V
 
    36                            Intentionally Omitted
 
    37                                   PART W

    38                            Intentionally Omitted

        S. 2506--C                         65                         A. 3006--C
 
     1                                   PART X
 
     2                            Intentionally Omitted
 
     3                                   PART Y
 
     4                            Intentionally Omitted
 
     5                                   PART Z
 
     6    Section  1. Subdivision 8 of section 410-w of the social services law,
     7  as added by chapter 144 of the laws of  2015,  is  amended  to  read  as
     8  follows:
     9    8.  Notwithstanding any other provision of law, rule or regulations to
    10  the contrary, a social services district that implements a  plan  amend-
    11  ment  to  the  child care portion of its child and family services plan,
    12  either as part of an annual plan update,  or  through  a  separate  plan
    13  amendment  process,  where  such  amendment  reduces eligibility for, or
    14  increases the family share percentage of, families receiving child  care
    15  services, or that implements the process for closing child care cases as
    16  set forth in the district's approved child and family services plan, due
    17  to the district determining that it cannot maintain its current caseload
    18  because  all  of the available funds are projected to be needed for open
    19  cases, shall provide all  families  whose  eligibility  for  child  care
    20  assistance  or  family  share percentage will be impacted by such action
    21  with at least thirty days prior written notice of the action.  Provided,
    22  however, that a family receiving assistance pursuant to this title shall
    23  not be required to contribute more than  ten  percent  of  their  income
    24  exceeding the federal poverty level.
    25    §  2.  Subdivision  6  of section 410-x of the social services law, as
    26  added by section 52 of  part B of chapter 436 of the laws  of  1997,  is
    27  amended to read as follows:
    28    6.  Pursuant to department regulations, child care assistance shall be
    29  provided on a sliding fee basis based upon the family's ability to  pay;
    30  provided,  however,  that a family receiving assistance pursuant to this
    31  title shall not be required to contribute more than ten percent of their
    32  income exceeding the federal poverty level.
    33    § 3. This act shall take effect immediately and shall  expire  and  be
    34  deemed repealed three years after such date.
 
    35                                   PART AA
 
    36    Section 1. Legislative findings and intent. The legislature finds that
    37  the  transition  to  the green economy and creating good paying jobs are
    38  not mutually exclusive priorities for New York State. In order  to  make
    39  this transition and achieve the ambitious goals set forth in the Climate
    40  Leadership  and  Community Protection Act, a clear focus on prioritizing
    41  renewable energy sources is necessary. However,  the  workers  who  will
    42  build  the  infrastructure of the green economy must not be left behind.
    43  Setting clear standards for job quality will ensure the creation of good
    44  jobs, protect workers in the ongoing transition of  our  energy  sector,
    45  and result in positive economic impacts.  In addition to workers engaged
    46  directly  in  the  renewable energy sector, New Yorkers have experienced
    47  widespread unemployment as a result of the pandemic.  According  to  the

        S. 2506--C                         66                         A. 3006--C

     1  New York State Department of Labor, as of January 2021 New York has paid
     2  over  $61  billion  in  unemployment  benefits to 4 million workers. New
     3  manufacturing and supply chain jobs  are  a  necessary  element  of  any
     4  pandemic  recovery.    Due  to  such  findings,  the  legislature hereby
     5  declares that the mandate of prevailing wage or project labor agreements
     6  for construction work performed in connection with the  installation  of
     7  renewable  energy  systems  and  its Buy American preference provided in
     8  this bill will ensure that workers are central to New York State's tran-
     9  sition to the green economy and its pandemic recovery plan.
    10    § 2. The labor law is amended by adding a new section 224-d to read as
    11  follows:
    12    § 224-d. Wage requirements for certain renewable  energy  systems.  1.
    13  For  purposes of this section, a "covered renewable energy system" means
    14  a  renewable  energy  system,  as  such  term  is  defined  in   section
    15  sixty-six-p  of  the public service law, with a capacity of greater than
    16  five megawatts alternating current and which involves the procurement of
    17  renewable energy credits by a public entity, or a third party acting  on
    18  behalf and for the benefit of a public entity.
    19    2. Notwithstanding the provisions of section two hundred twenty-four-a
    20  of  this  article, a covered renewable energy system shall be subject to
    21  prevailing wage requirements in accordance  with  sections  two  hundred
    22  twenty and two hundred twenty-b of this article. Provided that a renewa-
    23  ble  energy  system defined in section sixty-six-p of the public service
    24  law which is not considered to be covered by  this  section,  may  still
    25  otherwise  be  considered  a  "covered  project" pursuant to section two
    26  hundred twenty-four-a of this article if it meets such definition.
    27    3. For purposes of this section, a  covered  renewable  energy  system
    28  shall  exclude  construction  work performed under a pre-hire collective
    29  bargaining agreement between an owner or  contractor  and  a  bona  fide
    30  building and construction trade labor organization which has established
    31  itself,  and/or  its  affiliates, as the collective bargaining represen-
    32  tative for all persons who will perform work  on  such  a  project,  and
    33  which  provides that only contractors and subcontractors who sign a pre-
    34  negotiated agreement with the labor organization  can  perform  work  on
    35  such  a  project,  or  construction  work  performed under a labor peace
    36  agreement, project labor  agreement,  or  any  other  construction  work
    37  performed  under an enforceable agreement between an owner or contractor
    38  and a bona fide building and construction trade labor organization.
    39    4. For purposes of this section, the "fiscal officer" shall be  deemed
    40  to be the commissioner.  The enforcement of any covered renewable energy
    41  system  pursuant to this section shall be subject to the requirements of
    42  sections two hundred twenty, two hundred twenty-a, two hundred twenty-b,
    43  two hundred twenty-three, two hundred  twenty-four-b,  and  two  hundred
    44  twenty-seven  of  this chapter and within the jurisdiction of the fiscal
    45  officer; provided, however, nothing contained in this section  shall  be
    46  deemed  to  construe  any  covered  renewable energy system as otherwise
    47  being considered public work pursuant to this article.
    48    5. The fiscal officer may issue rules and  regulations  governing  the
    49  provisions of this section.  Violations of this section shall be grounds
    50  for  determinations  and orders pursuant to section two hundred twenty-b
    51  of this article.
    52    6. Each owner and  developer  subject  to  the  requirements  of  this
    53  section shall comply with the objectives and goals of certified minority
    54  and  women-owned  business  enterprises pursuant to article fifteen-A of
    55  the executive law and  certified  service-disabled  veteran-owned  busi-
    56  nesses pursuant to article seventeen-B of the executive law. The depart-

        S. 2506--C                         67                         A. 3006--C
 
     1  ment  in consultation with the directors of the division of minority and
     2  women's business development and of  the  division  of  service-disabled
     3  veterans'  business development shall make training and resources avail-
     4  able  to  assist  minority  and  women-owned  business  enterprises  and
     5  service-disabled veteran-owned business enterprises on covered renewable
     6  energy systems to achieve and maintain compliance with  prevailing  wage
     7  requirements.  The  department  shall  make  such training and resources
     8  available online and shall  afford  minority  and  women-owned  business
     9  enterprises  and  service-disabled veteran-owned business enterprises an
    10  opportunity to submit comments on such training.
    11    7. a. The fiscal officer shall report to the governor,  the  temporary
    12  president  of the senate, and the speaker of the assembly by July first,
    13  two thousand twenty-two, and annually thereafter, on  the  participation
    14  of  minority and women-owned business enterprises in relation to covered
    15  renewable energy systems subject to the provisions of  this  section  as
    16  well  as  the  diversity  practices  of  contractors  and subcontractors
    17  employing laborers, workers, and mechanics on such projects.
    18    b. Such reports shall include aggregated data on the  utilization  and
    19  participation  of  minority  and  women-owned  business enterprises, the
    20  employment of minorities and women in construction-related jobs on  such
    21  projects,  and  the commitment of contractors and subcontractors on such
    22  projects to adopting practices and policies that promote diversity with-
    23  in the workforce. The reports  shall  also  examine  the  compliance  of
    24  contractors  and subcontractors with other  equal employment opportunity
    25  requirements and anti-discrimination laws,  in  addition  to  any  other
    26  employment practices deemed pertinent by the commissioner.
    27    c.  The  fiscal officer may require any owner or developer to disclose
    28  information on the participation of minority  and  women-owned  business
    29  enterprises  and  the diversity practices of contractors and subcontrac-
    30  tors involved in the performance of any covered renewable energy system.
    31  It shall be the duty of the fiscal officer to consult and to share  such
    32  information in order to effectuate the requirements of this section.
    33    §  2-a. The public service law is amended by adding a new section 66-r
    34  to read as follows:
    35    § 66-r. Requirements for certain renewable energy systems. 1. For  the
    36  purposes of this  section,  a  "covered  renewable  energy system" means
    37  a   renewable  energy  system,  as  such  term  is  defined  in  section
    38  sixty-six-p of this article, with a capacity of greater than five  mega-
    39  watts  alternating current and which involves the procurement of renewa-
    40  ble energy credits by a public entity, or a third party acting on behalf
    41  and for the benefit of a public entity.
    42    2. For  purposes  of this section, "public entity" shall include,  but
    43  shall  not be limited to, the state, a local development  corporation as
    44  defined  in  subdivision  eight  of  section eighteen hundred one of the
    45  public authorities  law  or  section  fourteen  hundred  eleven  of  the
    46  not-for-profit  corporation  law,  a municipal corporation as defined in
    47  section   one  hundred  nineteen-n  of  the  general  municipal  law, an
    48  industrial  development  agency formed pursuant to article eighteen-A of
    49  the general municipal law or industrial development  authorities  formed
    50  pursuant  to article eight of the public authorities law, and any state,
    51  local  or interstate or international authorities as defined  in section
    52  two  of  the public authorities law; and shall include any trust created
    53  by any such entities.
    54    3. The commission shall require that the owner of the covered  renewa-
    55  ble  energy system, or a third party acting on the owner's behalf, as an
    56  ongoing condition of any  renewable  energy  credits  agreement  with  a

        S. 2506--C                         68                         A. 3006--C

     1  public  entity, shall stipulate to the fiscal officer that it will enter
     2  into a labor peace agreement with at least one bona fide labor organiza-
     3  tion either where such bona fide labor organization is actively  repres-
     4  enting employees providing necessary operations and maintenance services
     5  for  the  renewable  energy system at the time of such agreement or upon
     6  notice by a bona fide labor organization that is attempting to represent
     7  employees who will provide necessary operations and maintenance services
     8  for the renewable energy system employed in the state.  The  maintenance
     9  of  such  a labor peace agreement shall be an ongoing material condition
    10  of any continuation of payments under a renewable energy credits  agree-
    11  ment.  For  purposes  of  this  section "labor peace agreement" means an
    12  agreement between an entity and labor organization that, at  a  minimum,
    13  protects  the  state's proprietary interests by prohibiting labor organ-
    14  izations  and  members  from  engaging  in  picketing,  work  stoppages,
    15  boycotts,  and any other economic interference with the relevant renewa-
    16  ble energy system. "Renewable energy credits agreement" shall  mean  any
    17  public  entity  contract  that  provides  production-based payments to a
    18  renewable energy project as defined in this section.
    19    4.(a) Any public entity, in each  contract  for  construction,  recon-
    20  struction,  alteration,  repair, improvement or maintenance of a covered
    21  renewable energy system which involves the procurement  of  a  renewable
    22  energy  credits agreement by a public entity, or a third party acting on
    23  behalf and for the benefit of a public entity, the "public work" for the
    24  purposes of this subdivision, shall  ensure  that  such  contract  shall
    25  contain  a provision that the iron and structural steel used or supplied
    26  in the performance of the contract or any subcontract thereto  and  that
    27  is  permanently  incorporated into the public work, shall be produced or
    28  made in whole or substantial part in the United States, its  territories
    29  or  possessions.  In  the  case  of  a  structural  iron  or  structural
    30  steel product all manufacturing must take place in the United    States,
    31  from   the   initial melting  stage through the application of coatings,
    32  except metallurgical processes involving the refinement of  steel  addi-
    33  tives.  For  the   purposes of   this subdivision, "permanently incorpo-
    34  rated" shall mean an iron or steel product that is required to remain in
    35  place at the end  of  the project contract,   in   a    fixed  location,
    36  affixed  to the public work to which it was incorporated. Iron and steel
    37  products  that  are  capable of  being moved from one location to anoth-
    38  er are not permanently incorporated into a public work.
    39    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not
    40  apply  if  the  head of the department or agency constructing the public
    41  works, in his or her sole discretion,  determines  that  the  provisions
    42  would not be in the public interest, would result in unreasonable costs,
    43  or that obtaining such steel or iron in the United States would increase
    44  the  cost  of  the  contract  by an unreasonable amount, or such iron or
    45  steel, including without limitation structural iron and structural steel
    46  cannot be produced or made  in  the  United  States  in  sufficient  and
    47  reasonably available quantities and of satisfactory quality. The head of
    48  the  department  or  agency  constructing the public works shall include
    49  this determination in an advertisement or solicitation of a request  for
    50  proposal,  invitation for bid, or solicitation of proposal, or any other
    51  method provided for by law or regulation for soliciting a response  from
    52  offerors intending to result in a contract pursuant to this subdivision.
    53  The  provisions of paragraph (a) of this subdivision shall not apply for
    54  equipment purchased by a covered renewable energy system  prior  to  the
    55  effective date of this chapter.

        S. 2506--C                         69                         A. 3006--C
 
     1    (c) The head of the department or agency constructing the public works
     2  may,  at  his  or  her  sole discretion, provide for a solicitation of a
     3  request for proposal, invitation for bid, or solicitation  of  proposal,
     4  or  any  other method provided for by law or regulation for soliciting a
     5  response  from  offerors  intending  to result in a contract pursuant to
     6  this paragraph involving a competitive process in which  the  evaluation
     7  of  competing  bids  gives  significant  consideration in the evaluation
     8  process to the procurement of equipment  and  supplies  from  businesses
     9  located in New York state.
    10    5.  Whenever  changes  are  proposed to any public procurement process
    11  involving the program described in subdivision two of this section,  the
    12  commission  shall  make  simultaneous  recommendations  to the temporary
    13  president of the senate and speaker of the assembly, regarding necessary
    14  changes to this section, if any, in meeting the goals  outlined  in  the
    15  legislative findings and intent of the chapter by which this section was
    16  enacted.
    17    § 2-b. Section 66-p of the public service law, as added by chapter 705
    18  of the laws of 2019, is renumbered section 66-q.
    19    §  3.  Paragraph b of subdivision 4 of section 224-a of the labor law,
    20  as added by section 1 of part FFF of chapter 58 of the laws of 2020,  is
    21  amended to read as follows:
    22    b.  Construction work performed under a contract with a not-for-profit
    23  corporation as defined in section one hundred two of the  not-for-profit
    24  corporation  law,  other than a not-for-profit corporation formed exclu-
    25  sively for the purpose of  holding  title  to  property  and  collecting
    26  income  thereof  or  any public entity as defined in this section, where
    27  the not-for-profit corporation has gross annual revenue and support less
    28  than five million dollars;
    29    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    30  sion, or section of this act shall be adjudged by any court of competent
    31  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    32  invalidate the remainder thereof, but shall be confined in its operation
    33  to  the  clause,  sentence,  paragraph,  subdivision, or section thereof
    34  directly involved in the controversy in which such judgment  shall  have
    35  been rendered. It is hereby declared to be the intent of the legislature
    36  that  this  act  would have been enacted even if such invalid provisions
    37  had not been included herein.
    38    § 5. This act shall take effect on October 1, 2021 and shall apply  to
    39  any  covered  renewable energy project awarded a contract from an adver-
    40  tisement or a solicitation of a request  for  proposal,  invitation  for
    41  bid,  or  solicitation  of proposal, or any other method provided for by
    42  law or regulation for soliciting a response from offerors  intending  to
    43  result  in  a  contract that is issued on or after the effective date of
    44  this act; provided, however, that section three of this act  shall  take
    45  effect  on the same date and in the same manner as section 1 of part FFF
    46  of chapter 58 of the laws of 2020, takes effect.
 
    47                                   PART BB
 
    48    Section 1. This Part enacts into law major components  of  legislation
    49  in  relation  to  establishing  a  COVID-19  emergency rental assistance
    50  program. Each component is wholly contained within a Subpart  identified
    51  as  Subparts  A  and B. The effective date for each particular provision
    52  contained within such Subpart is set forth in the last section  of  such
    53  Subpart.  Any  provision  in  any  section  contained  within a Subpart,
    54  including the effective date of the Subpart, which makes reference to  a

        S. 2506--C                         70                         A. 3006--C
 
     1  section  of  "this  act",  when  used in connection with that particular
     2  component, shall be deemed  to  mean  and  refer  to  the  corresponding
     3  section  of  the  Subpart  in  which it is found. Section two contains a
     4  severability clause for all provisions contained in each Subpart of this
     5  Part. Section three of this act sets forth the general effective date of
     6  this Part.
 
     7                                  SUBPART A
 
     8    Section 1. The COVID-19 emergency rental assistance program of 2021 is
     9  enacted to read as follows:
    10            COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM OF 2021
    11  Section 1.  Short title.
    12          2.  Definitions.
    13          3.  Authority  to implement emergency rental and utility assist-
    14                ance.
    15          4.  Distribution.
    16          5.  Eligibility.
    17          6.  Application.
    18          7.  Documentation.
    19          8.  Restrictions on eviction.
    20          9.  Payments.
    21          10. No repayment and assistance not considered income.
    22          11. Notice to tenants in eviction proceedings.
    23          12. Outreach.
    24          13. Fair housing obligations.
    25          14. Reports by the commissioner.
    26    Section 1. Short title. This act shall be known and may  be  cited  as
    27  the "COVID-19 emergency rental assistance program of 2021".
    28    §  2.  Definitions.  For the purposes of this act, the following terms
    29  shall have the following meanings:
    30    1. "Commissioner" shall mean the commissioner of the state  office  of
    31  temporary and disability assistance.
    32    2.  "Federal emergency rental assistance program" shall mean the emer-
    33  gency rental assistance funding issued pursuant to section  501  of  the
    34  Consolidated  Appropriations  Act  of  2021,  Pub  L. 116-260 § 501, and
    35  section 3201 of the American Rescue Plan Act of  2021,  Pub.L.  117-2  §
    36  3201  as well as any other federal funds made available for the purposes
    37  defined herein.
    38    3. "Rent burdened household" shall mean  a  household  for  which  the
    39  monthly rental obligation is 30% or more of the household's gross month-
    40  ly income.
    41    4.  "Income",  unless  otherwise  required by federal law or policies,
    42  shall mean income from all sources of  each  member  of  the  household,
    43  including all wages, tips, overtime, salary, recurring gifts, returns on
    44  investments, social security payments, child support payments, unemploy-
    45  ment  benefits,  any  benefit, payment or cash grant whose purpose is to
    46  assist with rental payments, any payments whose purpose  is  to  replace
    47  lost  income,  and  any other government benefit or cash grant. The term
    48  shall not include: income from children under 18 years of  age,  employ-
    49  ment  income from individuals 18 years of age or older who are full-time
    50  students and are eligible to be claimed as dependents pursuant to inter-
    51  nal revenue service regulations, foster care  payments,  public  assist-
    52  ance,  sporadic  gifts,  groceries provided by persons not living in the
    53  household, supplemental  nutrition  assistance  program  benefits,  home
    54  energy  assistance program benefits, the earned income tax credit, other

        S. 2506--C                         71                         A. 3006--C
 
     1  income required to be excluded by law, or designated by the  commission-
     2  er.
     3    5.  "Manufactured  home tenant" shall have the same meaning as defined
     4  by section 233 of the real property law.
     5    6. "Municipal corporation" shall  mean  a  municipal  corporation,  as
     6  defined  in  section  2  of the general municipal law, that has received
     7  federal allocations from the United States treasury for emergency rental
     8  assistance authorized pursuant to the Consolidated Appropriations Act of
     9  2021 and the American Rescue Plan Act of 2021,  and  any  other  federal
    10  funds made available for the purposes defined herein.
    11    7.  "Occupant" shall have the same meaning as defined in section 235-f
    12  of the real property law.
    13    8. "Office" shall mean the state office of  temporary  and  disability
    14  assistance.
    15    9.  "Rent" shall mean rent as defined by section 702 of the real prop-
    16  erty actions and proceedings law.
    17    10. "Rental arrears" shall mean unpaid rent owed to the landlord  that
    18  accrued on or after March 13, 2020.
    19    11.    "Utility  arrears"  shall  mean unpaid payments to providers of
    20  utility services accrued on or after March  13,  2020,  for  separately-
    21  stated electricity and gas costs.
    22    12.    "Small  landlord"  shall  mean any person or entity that owns a
    23  building of twenty or fewer units.
    24    § 3. Authority to implement emergency rental and  utility  assistance.
    25  1.  The  commissioner is hereby authorized and directed to implement, as
    26  soon as practicable, a program of  rental  and  utility  assistance  for
    27  those eligible pursuant to section five of this act.
    28    2.  Such program shall be funded with: (a) emergency rental assistance
    29  funds received by the state from the Federal Emergency Rental Assistance
    30  Program and any other federal funds made available for that purpose; and
    31  (b) any state funds appropriated for such program.
    32    3. The commissioner shall develop and promulgate a form outlining  the
    33  obligations of each municipal corporation that chooses to participate in
    34  the  statewide  program.  Those  municipal  corporations  who  choose to
    35  participate shall remit such form to the office of temporary  and  disa-
    36  bility assistance within 10 business days from the date of issuance.  At
    37  such  time  that  the  municipal  corporation has affirmed their partic-
    38  ipation, upon receipt of the completed form by the office  of  temporary
    39  and disability assistance and the director of the budget, and the feder-
    40  al  department  of  the  treasury, the municipal corporation shall remit
    41  their allocation of funds to the state in such manner as  determined  by
    42  the  division of the budget. Provided, after the office has acknowledged
    43  receipt of the completed form, residents of such municipality  shall  be
    44  entitled  to benefit from funds made available for this purpose, subject
    45  to the continued availability of funds.
    46    4. The commissioner may adopt,  on  an  emergency  basis  pursuant  to
    47  subdivision  6 of section 220 of the state administrative procedure act,
    48  any rules necessary to carry out the provisions of this article.
    49    5. The commissioner may delegate the administration of any portions of
    50  this program to any state agency,  city,  county,  town,  contractor  or
    51  non-profit  organization in accordance with the provisions of this arti-
    52  cle and applicable federal requirements.
    53    § 4. Distribution.  The commissioner shall work to ensure an equitable
    54  distribution of funds throughout  the  state,  excluding  administrative
    55  funds.  For  the  first  30  days  beginning with the first day that the
    56  office begins accepting applications, the commissioner shall ensure,  to

        S. 2506--C                         72                         A. 3006--C
 
     1  the  extent  practicable, that the allocation of funds from this program
     2  for households outside the city of New York is no less than 35% of emer-
     3  gency rental assistance funds available to the state of New York.  After
     4  the  30  day  priority period has ended, all applications shall be proc-
     5  essed on a rolling basis.
     6    § 5. Eligibility.  The  commissioner  shall  establish  standards  for
     7  determining eligibility for such program, consistent with the following:
     8    1.  (a) A household, regardless of immigration status, shall be eligi-
     9  ble for emergency rental assistance, or both rental assistance and util-
    10  ity assistance. Such household shall be eligible if it:
    11    (i) is a tenant or occupant obligated to pay  rent  in  their  primary
    12  residence in the state of New York, including both tenants and occupants
    13  of  dwelling  units and manufactured home tenants, provided however that
    14  occupants of federal or state funded subsidized public housing  authori-
    15  ties or other federal or state funded subsidized housing that limits the
    16  household's  share  of the rent to a set percentage of income shall only
    17  be eligible to the extent that funds are  remaining  after  serving  all
    18  other eligible populations;
    19    (ii)  includes  an  individual  who  has qualified for unemployment or
    20  experienced a reduction in household income, incurred significant costs,
    21  or experienced other financial hardship due, directly or indirectly,  to
    22  the COVID-19 outbreak;
    23    (iii)  demonstrates  a  risk  of  experiencing homelessness or housing
    24  instability; and
    25    (iv) has a household income at or below 80% of the area median income,
    26  adjusted for household size.
    27    (b) Nothing in this subdivision shall preclude a recipient  of  public
    28  assistance  from  being eligible for emergency rental or utility assist-
    29  ance under this program.
    30    2. For the purposes of this program, income may be considered:
    31    (a) the household's total income for calendar year 2020; or
    32    (b) the household's monthly income at the time of application for such
    33  assistance.
    34    3. The commissioner shall establish priority  in  processing  applica-
    35  tions  and allocating funds under this program. Such priority shall at a
    36  minimum prioritize households whose income does not exceed  50%  of  the
    37  area  median  income adjusted for household size and households who have
    38  one or more individuals who are unemployed as of the date of the  appli-
    39  cation for assistance and have not been employed for the 90 days preced-
    40  ing such date.
    41    4.  The  commissioner shall also grant priority for those who meet any
    42  of the following criteria:
    43    (a) households who are tenants of mobile homes or  mobile  home  parks
    44  whose  arrears  have  accrued  for  the land on which the mobile home is
    45  located;
    46    (b) households who include one or more individuals from  a  vulnerable
    47  population, including, but not limited to, victims of domestic violence,
    48  survivors of human trafficking, or veterans;
    49    (c) households who have eviction cases that are pending;
    50    (d)  households  who  are residing in communities that were dispropor-
    51  tionately impacted by the COVID-19  pandemic  in  a  methodology  to  be
    52  determined by the commissioner;
    53    (e)  households  who  reside in a building or development of twenty or
    54  fewer units owned by a small landlord as defined in section one of  this
    55  act; and

        S. 2506--C                         73                         A. 3006--C
 
     1    (f) provided further that any priority granted pursuant to this subdi-
     2  vision  shall not supersede the priority granted pursuant to subdivision
     3  three of this section.
     4    5.  Pursuant  to  subdivisions  three  and  four  of this section, the
     5  commissioner shall prioritize applications received by the date and time
     6  of application for 30 days beginning the first day  the  office  accepts
     7  rental assistance applications in the following sequence:
     8    (a)  households  with  income  that does not exceed 50% of area median
     9  income for the household and have a member in one of the priority groups
    10  in subdivision 4 of this section;
    11    (b) households with income that does not exceed  50%  of  area  median
    12  income for the household and does not have a member in one of the prior-
    13  ity groups in subdivision 4 of this section;
    14    (c)  households  with  income  that does not exceed 80% of area median
    15  income for the household and have a member in one of the priority groups
    16  in subdivision 4 of this section; and
    17    (d) households with income that does not exceed  80%  of  area  median
    18  income for the household and does not have a member in one of the prior-
    19  ity groups in subdivision 4 of this section.
    20    6.  After the 30 day priority period has ended, all applications shall
    21  be processed on a rolling basis.
    22    7. To the extent feasible, no rental assistance provided  pursuant  to
    23  this  act  shall be duplicative of assistance for rent or rental arrears
    24  previously received or currently being received by the household.
    25    8. An individual full-time college student or a  household  consisting
    26  exclusively of full-time college students is ineligible for this program
    27  unless  each  individual  in  the  household  shall  not be claimed as a
    28  dependent by their parents  or  legal  guardians  pursuant  to  internal
    29  revenue service regulations in the most recent tax year.
    30    9.  (a)  Those households who have been determined eligible for rental
    31  and utility arrears assistance through the emergency  rental  assistance
    32  program  and  who  have not received a corresponding benefit through the
    33  home energy assistance program are eligible for utility  arrears  relief
    34  in  accordance  with  procedures established by the state public service
    35  commission in consultation with the office of temporary  and  disability
    36  assistance.    Notwithstanding  any  provision  of  law to the contrary,
    37  employees, agents, contractors and officers of the office  of  temporary
    38  and  disability  assistance and employees and officers of the department
    39  of public service shall  be  allowed  and  are  directed  to  share  and
    40  exchange  information  regarding  utility arrears assistance pursuant to
    41  this section, including information regarding  households  seeking  such
    42  assistance  and the information used by the department of public service
    43  to determine the amount of utility arrears that has been waived.
    44    (b) Any documentation or information provided  to  the  department  of
    45  public  service  employees,  its  agents,  contractors and officers   in
    46  accordance with this subdivision shall be upon the consent of the appli-
    47  cant.
    48    § 6. Application. 1. As soon as practicable,  the  commissioner  shall
    49  make an application for the program available on the office of temporary
    50  and  disability assistance's website. The application shall be available
    51  online in English, Spanish, Chinese, Russian, Korean,  Yiddish,  Haitian
    52  (French Creole), Bengali, and, to the extent practicable, other commonly
    53  used  languages. The commissioner shall enable application assistance to
    54  be offered via telephone and make accommodations for those who are hear-
    55  ing or visually impaired, with referral to a community  based  organiza-
    56  tion as deemed necessary.

        S. 2506--C                         74                         A. 3006--C
 
     1    2. Each municipal corporation shall designate not-for-profit organiza-
     2  tions or local government staff that shall assist households in applying
     3  for  assistance. Such organizations and staff shall be permitted to file
     4  applications on behalf of such households.
     5    3. Any party, or their designee, that may be eligible to receive funds
     6  under  this program may initiate an application. Regardless of whether a
     7  landlord, owner, tenant or occupant initiates an application, such land-
     8  lord or owner shall be required to:
     9    (a) use any payments received  pursuant  to  this  article  solely  to
    10  satisfy  the  tenant's  full rental obligations to the landlord or owner
    11  for the time period covered by the payment;
    12    (b) provide the office of temporary  and  disability  assistance  with
    13  necessary information and documentation to facilitate payments; and
    14    (c)  keep  confidential any information or documentation from or about
    15  the tenant or occupant acquired pursuant to this application process.
    16    4. (a) Documentation of immigration status shall not be  requested  as
    17  part of the emergency rental assistance program.
    18    (b)  Any documentation or information provided to the statewide appli-
    19  cation, eligibility worker, hotline or community based organization,  or
    20  obtained  in the course of administering the emergency rental assistance
    21  program or any other assistance program shall be kept  confidential  and
    22  shall  only  be  used  for  the purposes of determining eligibility, for
    23  program administration, avoiding duplication of  assistance,  and  other
    24  uses consistent with State and federal law.
    25    (c) Any portion of any record retained by the commissioner in relation
    26  to an application pursuant to this chapter that contains the photo image
    27  or  identifies  the  social  security number, telephone number, place of
    28  birth, country of origin, place of  employment,  school  or  educational
    29  institution  attended, source of income, status as a recipient of public
    30  benefits, the customer identification number associated  with  a  public
    31  utilities  account, medical information or disability information of the
    32  holder of, or applicant for, is not a public record  and  shall  not  be
    33  disclosed  in  response  to  any  request for records except: (i) to the
    34  person who is the subject of such records; or (ii)  where  necessary  to
    35  comply with State and federal law.
    36    5.  Upon  receipt of an application and to the extent practicable, the
    37  commissioner shall make  available  a  means  by  which  an  application
    38  submitted  by  a  tenant,  a landlord, or both jointly can be tracked by
    39  either the tenant or the landlord,  regardless  of  who  submitted  such
    40  application.
    41    6. Self-attestation shall be considered to be acceptable documentation
    42  to the extent permissible by federal law and relevant guidance; provided
    43  further  that  attestation of a person with knowledge of the household's
    44  circumstances shall be considered to be acceptable documentation to  the
    45  extent permissible by federal law and relevant guidance.
    46    §  7.  Documentation. The commissioner shall establish procedures that
    47  are appropriate and necessary to assure that  information  necessary  to
    48  determine  eligibility  provided by households applying for or receiving
    49  assistance under this article is complete  and  accurate.  Additionally,
    50  the  commissioner  shall establish procedures to ensure flexibility when
    51  determining acceptable documentation.
    52    § 8. Restrictions on eviction. Eviction proceedings for a holdover  or
    53  expired  lease, or non-payment of rent or utilities that would be eligi-
    54  ble for coverage under this program shall not  be  commenced  against  a
    55  household  who  has  applied for this program unless or until a determi-
    56  nation of ineligibility  is  made.  If  such  eviction  proceedings  are

        S. 2506--C                         75                         A. 3006--C
 
     1  commenced  against  a  household  who  subsequently applies for benefits
     2  under this program, all proceedings shall be stayed pending  a  determi-
     3  nation  of  eligibility. Evidence of a payment received pursuant to this
     4  act  may  be  presented in such proceeding and create a presumption that
     5  the tenant's or occupant's rent or utility obligation for the time peri-
     6  od covered by the payment has been fully satisfied.
     7    § 9. Payments. 1. Payments shall be made for rental payments or rental
     8  and utility arrears accrued on or after March 13, 2020. No more than  12
     9  months  of  rental and/or utility assistance for arrears and 3 months of
    10  prospective rental assistance may be paid  on  behalf  of  any  eligible
    11  household. Provided, however that only rent burdened households shall be
    12  eligible to receive prospective rent payments.
    13    2. (a) The rental assistance shall be paid directly to the landlord of
    14  the  dwelling  unit  or manufactured home park occupied by the household
    15  for the total amount of qualified rental arrears and prospective  rental
    16  assistance  pursuant to subdivision one of this section. Utility assist-
    17  ance shall be paid directly to the utility provider.
    18    (b) Prior to making an eligibility determination, the commissioner  or
    19  the commissioner's designee shall undertake reasonable efforts to obtain
    20  the  cooperation  of  landlords and utility providers to accept payments
    21  from this program. Such outreach may be considered complete  if:  (i)  a
    22  request  for  participation  has  been  sent in writing, by mail, to the
    23  landlord or utility provider and the addressee has not responded to  the
    24  request  within  14  calendar  days  after  mailing;  or (ii) at least 3
    25  attempts by phone, text, or e-mail have been made over a 10 calendar day
    26  period to request the landlord's or utility provider's participation; or
    27  (iii) a landlord or utility provider confirms in writing that the  land-
    28  lord  or  utility  provider  does  not wish to participate. The outreach
    29  attempts or notices to the landlord or utility provider shall  be  docu-
    30  mented and shall be made available to the tenant.
    31    (c)  If a payment cannot be made directly to a landlord or owner after
    32  the outreach efforts described in paragraph  (b)  of  this  subdivision,
    33  funds  in  the  amount  approved  for  rental assistance to an otherwise
    34  eligible applicant shall be available for a period of 180  days;  exten-
    35  sion  may  be  provided  upon  determination by the commissioner of good
    36  cause. When possible, both landlord or owner and tenant shall  be  noti-
    37  fied of the provisional determination of eligibility and the landlord or
    38  owner  shall have a final opportunity to participate. If the landlord or
    39  owner does not provide necessary information or documentation to  effec-
    40  tuate  payment as directed before 180 days, the commissioner may reallo-
    41  cate the set aside funds to serve other rental assistance program appli-
    42  cants.  The  tenant  may  use  such  provisional  determination  as   an
    43  affirmative  defense  in  any  proceeding seeking a monetary judgment or
    44  eviction brought by a landlord  for  the  non-payment  of  rent  accrued
    45  during  the  same  time  period covered by the provisional payment for a
    46  period of twelve months from the determination of provisional  eligibil-
    47  ity.  If  the  landlord has not accepted such provisional payment within
    48  twelve months of the determination the landlord shall be deemed to  have
    49  waived the amount of rent covered by such provisional payment, and shall
    50  be  prevented  from  initiating  a  monetary  action  or  proceeding, or
    51  collecting a judgment premised on the nonpayment of the amount  of  rent
    52  covered by such provisional payment.
    53    (d) Acceptance of payment for rent or rental arrears from this program
    54  shall  constitute agreement by the recipient landlord or property owner:
    55  (i) that the arrears covered by this payment are satisfied and will  not
    56  be  used as the basis for a non-payment eviction; (ii) to waive any late

        S. 2506--C                         76                         A. 3006--C

     1  fees due on any rental arrears paid pursuant to this program;  (iii)  to
     2  not  increase  the  monthly  rent due for the dwelling unit such that it
     3  shall not be greater than the amount that was due at the time of  appli-
     4  cation to the program for any and all months for which rental assistance
     5  is  received  and for one year after the first rental assistance payment
     6  is received; (iv) not to evict for reason of expired lease  or  holdover
     7  tenancy  any  household  on behalf of whom rental assistance is received
     8  for 12 months after the first rental  assistance  payment  is  received,
     9  unless  the  dwelling  unit  that  is the subject of the lease or rental
    10  agreement is located in a building that contains 4 or  fewer  units,  in
    11  which  case  the  landlord may decline to extend the lease or tenancy if
    12  the landlord intends to immediately occupy the unit for  the  landlord's
    13  personal  use  as  a primary residence or the use of an immediate family
    14  member as a primary residence; and (v)  to  notify  the  tenant  of  the
    15  protections established under this subdivision.
    16    §  10.  No  repayment  and  assistance not considered income. Eligible
    17  households shall not be expected or required  to  repay  any  assistance
    18  granted  through  this program, except in instances of fraud perpetrated
    19  by such household. Landlords shall not be expected or required to  repay
    20  any  funds  paid  through  this program except in instances of duplicate
    21  payments or  fraud  perpetrated  by  the  landlord.  Assistance  granted
    22  through  this  program  shall  not  be considered income for purposes of
    23  eligibility for public benefits or other public assistance to the extent
    24  allowed by law, but  shall  be  considered  a  "source  of  income"  for
    25  purposes  of  the  protections  against  housing discrimination provided
    26  under section 296 of the human rights law. There shall be no requirement
    27  for applicants to seek assistance from other sources, including charita-
    28  ble contributions, in order to be eligible  for  assistance  under  this
    29  program.
    30    §  11.  Notice  to  tenants  in  eviction proceedings. In any eviction
    31  proceeding pending as of the effective date  of  this  article  and  any
    32  eviction  proceeding  filed  while  applications  are being accepted for
    33  assistance pursuant to this  article,  the  court  shall  promptly  make
    34  available to the respondent information regarding how the respondent may
    35  apply for such assistance in English, and, to the extent practicable, in
    36  the respondent's primary language, if other than English.
    37    §  12. Outreach. The commissioner shall ensure that extensive outreach
    38  is conducted to increase awareness of this  program  among  tenants  and
    39  landlords  or  owners.  The  commissioner  shall  require each municipal
    40  corporation to target for outreach communities where the  median  income
    41  of  residents is less than 50% of the area median income for the region,
    42  communities with the highest unemployment rates,  and  communities  that
    43  experienced  the highest rates of COVID-19 infections during the pandem-
    44  ic. The commissioner shall, to  the  extent  practicable,  partner  with
    45  municipal corporations in an effort to provide outreach materials in the
    46  languages  commonly  spoken  by  residents  of New York state as per the
    47  American Community Survey from the United States Census Bureau.  Munici-
    48  pal recipients shall contract  with  community  based  organizations  to
    49  supplement  the  state's outreach program, providing additional applica-
    50  tion assistance and outreach activities  specific  to  their  geographic
    51  location.    Such  community  based  organizations  shall  deliver their
    52  services in multiple languages and in a culturally competent  manner  to
    53  vulnerable  and/or  low income populations, including populations prior-
    54  itized by this program pursuant to section five of this act.
    55    § 13. Fair housing obligations. Nothing in this act  shall  lessen  or
    56  abridge  any fair housing obligations promulgated by the federal govern-

        S. 2506--C                         77                         A. 3006--C
 
     1  ment, state, municipalities, localities, or any other applicable  juris-
     2  diction.
     3    §  14.  Reports  by  the commissioner. The office shall be required to
     4  report and post information on their website, and update  such  informa-
     5  tion at least monthly beginning 30 days from when the commissioner makes
     6  an application for the program available. Such information shall include
     7  but not be limited to:
     8    (a)  the  number of municipal recipients that choose to participate in
     9  the statewide program;
    10    (b) the number of eligible households that received  assistance  under
    11  this  title,  including  the particular category of assistance which was
    12  provided;
    13    (c) the average amount of  funding  provided  per  eligible  household
    14  receiving assistance; and
    15    (d) the number of households that applied for assistance.
    16    § 2. The state finance law is amended by adding a new section 99-mm to
    17  read as follows:
    18    §  99-mm. Emergency rental assistance municipal corporation allocation
    19  fund. 1. There is hereby established in the joint custody of  the  state
    20  comptroller  and  the  commissioner  of taxation and finance a trust and
    21  agency fund known as the "emergency rental assistance  municipal  corpo-
    22  ration  allocation  fund." Municipal corporations, as defined in section
    23  two of the general municipal law, that have  received  a  federal  allo-
    24  cation  from  the United States treasury for emergency rental assistance
    25  authorized pursuant to section 501 of  the  Consolidated  Appropriations
    26  Act  of  2021,  Pub.L.  116-260  §  501 and section 3201 of the American
    27  Rescue Plan Act of 2021, Pub.L. 117-2 §  3201,  and  any  other  federal
    28  funds made available for the same purpose and that choose to participate
    29  in  the statewide emergency rental assistance program pursuant to a plan
    30  approved by the office of temporary and disability  assistance  and  the
    31  division  of the budget, may deposit such allocations into the emergency
    32  rental assistance municipal corporation fund as directed by the director
    33  of the budget.
    34    2. The monies of the fund shall be  paid,  without  appropriation,  to
    35  provide  authorized  benefits  to  eligible households of the respective
    36  municipal corporation from which monies were received in accordance with
    37  subdivision one of this section.
    38    § 3. This act shall take effect immediately and shall  expire  and  be
    39  deemed repealed September 30, 2025.
 
    40                                  SUBPART B
 
    41    Section  1.    The tax law is amended by adding a new section 187-q to
    42  read as follows:
    43    § 187-q. Utility COVID-19 debt relief credit. 1.  Allowance of credit.
    44  A taxpayer doing business in this state that is subject  to  the  super-
    45  vision  of  the  public  service  commission  shall  be allowed a credit
    46  against the taxes imposed by this article, to be computed as hereinafter
    47  provided, for the amount of debt that the taxpayer has waived in accord-
    48  ance with procedures established by the public service  commission  that
    49  was  owed  to  the  taxpayer  by  customers who received utility arrears
    50  assistance pursuant to the chapter of the laws of two  thousand  twenty-
    51  one  that  enacted this section. Provided, however, that if the taxpayer
    52  is subject to tax under both sections one hundred eighty-three  and  one
    53  hundred  eighty-four of this article the amount of such credit allowable
    54  against the tax imposed by such section one hundred eighty-four shall be

        S. 2506--C                         78                         A. 3006--C
 
     1  the excess of the amount of such credit over the amount  of  any  credit
     2  allowed  by  this section against the tax imposed by section one hundred
     3  eighty-three of this article.
     4    2.  Application  of  credit.  In  no event shall the credit under this
     5  section be allowed in an amount that will reduce the tax payable to less
     6  than the applicable minimum tax fixed by  section  one  hundred  eighty-
     7  three of this article. If, however, the amount of credit allowable under
     8  this  section  for  any taxable year reduces the tax to such amount, any
     9  amount of credit not deductible in such taxable year shall be treated as
    10  an overpayment of tax to be refunded in accordance with  the  provisions
    11  of  section  one thousand eighty-six of this chapter. Provided, however,
    12  the provisions of subsection (c) of section one thousand eighty-eight of
    13  this chapter notwithstanding, no interest shall be paid thereon.
    14    3. Certification. No amount of waived customer debt may be  the  basis
    15  for  the  credit  herein  unless  such amount is certified by the public
    16  service commission as provided herein. After consulting with the commis-
    17  sioner, the public service commission  shall  establish  procedures  for
    18  determining  the  amount  of  waived customer debt that may be used as a
    19  basis for the tax credit allowed by this section. Such procedures  shall
    20  include  provisions  describing the application process, application due
    21  dates, the documentation that will be provided by taxpayers to  substan-
    22  tiate the amount of customer debt that was waived by such taxpayers, the
    23  process  by  which  the  public  service  commission  shall certify to a
    24  taxpayer and to the commissioner the amount of waived customer debt that
    25  qualifies for the credit, and such other provisions as deemed  necessary
    26  and appropriate.
    27    4.  Timing  of  credit.    The credit allowed by this section shall be
    28  claimed in the taxable year  in  which  the  public  service  commission
    29  certifies the amount of customer debt waived by the taxpayer that quali-
    30  fies for the credit allowed by this section.
    31    5.  Credit  recapture. If the certification made by the public service
    32  commission under subdivision three of this section  is  revoked  by  the
    33  public  service  commission,  the  amount  of  credit  described in this
    34  section and claimed by the taxpayer prior to that  revocation  shall  be
    35  added  back  to  the  tax  in  the taxable year in which such revocation
    36  becomes final.
    37    6. Information sharing. Notwithstanding any provision of this chapter,
    38  employees and officers of the public service commission and the  depart-
    39  ment shall be allowed and are directed to share and exchange information
    40  regarding the credits allowed, or claimed, pursuant to this section, and
    41  the  taxpayers who are applying for credits or who are claiming credits,
    42  including information contained in or derived from  credit  claim  forms
    43  submitted to the department, and the information of the taxpayer used by
    44  the  department  of  public  service  to  determine the amount of waived
    45  customer debt.
    46    § 2. This act shall take effect immediately and shall apply to taxable
    47  years beginning on or after January 1, 2021.
    48    § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
    49  section  or  subpart contained in any part of this act shall be adjudged
    50  by any court of competent jurisdiction  to  be  invalid,  such  judgment
    51  shall not affect, impair, or invalidate the remainder thereof, but shall
    52  be  confined in its operation to the clause, sentence, paragraph, subdi-
    53  vision, section or  subpart  contained  in  any  part  thereof  directly
    54  involved  in  the  controversy  in  which  such judgment shall have been
    55  rendered. It is hereby declared to be the intent of the legislature that

        S. 2506--C                         79                         A. 3006--C
 
     1  this act would have been enacted even if such invalid provisions had not
     2  been included herein.
     3    §  3.  This act shall take effect immediately, provided, however, that
     4  the applicable effective date of Subparts A and B of this act  shall  be
     5  as specifically set forth in the last section of such Subparts.
 
     6                                   PART CC
 
     7    Section  1. Subdivisions 3 and 4 of section 581-a of the labor law, as
     8  amended by chapter 21 of the laws  of  2021,  are  amended  to  read  as
     9  follows:
    10    3.  Notwithstanding  the provisions of section five hundred eighty-one
    11  of this title to the contrary, and for the purpose of responding to  the
    12  COVID-19  pandemic,  any employer whose employees receive payments under
    13  this article [and whose claims for unemployment insurance arise  due  to
    14  the  closure  of  the  employer  or  a reduction in the workforce of the
    15  employer for reasons related to the  COVID-19  pandemic,  or  due  to  a
    16  mandatory  order  of  a  government entity duly authorized to issue such
    17  order to close such employer due to the COVID-19  pandemic,]  for  unem-
    18  ployment  claims  made  on  or after March [twelfth] ninth, two thousand
    19  twenty and through the duration of the state disaster emergency declared
    20  by executive order number two hundred two of two thousand twenty and any
    21  further amendments or modifications thereto,  or  December  thirty-first
    22  two  thousand twenty-one, whichever is later, shall not have included in
    23  their experience rating charges the amounts so  paid  to  the  employees
    24  from  the  fund. Such charges, if not reimbursed, in whole or in part by
    25  the federal government, shall be made to the  general  account  for  the
    26  fund created by section five hundred fifty of this article.
    27    4.  The  provisions  of this section shall apply to an employer liable
    28  for contributions or payments in  lieu  of  contributions,  but  if  the
    29  secretary  of labor of the United States finds that their application to
    30  such employer does not meet the requirements of the Federal Unemployment
    31  Tax Act, such provisions shall  be  inoperative  with  respect  to  such
    32  employer, unless and until such finding has been set aside pursuant to a
    33  final   decision   issued   in  accordance  with  such  judicial  review
    34  proceedings as may be instituted and completed under the  provisions  of
    35  section thirty-three hundred ten of the Federal Unemployment Tax Act.
    36    §   2. Section 2 of chapter 21 of the laws of 2021, amending the labor
    37  law relating to prohibiting the inclusion  of  claims  for  unemployment
    38  insurance  arising  from the closure of an employer due to COVID-19 from
    39  being included in such employer's experience rating charges, is  amended
    40  to read as follows:
    41    § 2. This act shall take effect immediately [and shall expire December
    42  31, 2021, when upon such date the provisions of this act shall be deemed
    43  repealed].
    44    § 3. This act shall take effect immediately.
 
    45                                   PART DD
 
    46    Section  1.  Clause (A) of subparagraph (i) of paragraph a of subdivi-
    47  sion 3 of section 667 of the education law, as amended by section  1  of
    48  part B of chapter 60 of the laws of 2000, item 1 as amended by section 1
    49  and  item  2 as amended by section 2 of part H and subitem (d) of item 1
    50  as added by section 1 of part E of chapter 58 of the laws of  2011,  the
    51  opening paragraph of item 1 as amended by section 2 of part X of chapter
    52  56  of  the laws of 2014, subitem (a) of item 1 as amended by section 2,

        S. 2506--C                         80                         A. 3006--C

     1  subitem (b) of item 1 as amended by section 3 and subitem (c) of item  1
     2  as  amended by section 1 of part U of chapter 56 of the laws of 2014, is
     3  amended to read as follows:
     4    (A) (1) In the case of students who have not been granted an exclusion
     5  of  parental  income,  who have qualified as an orphan, foster child, or
     6  ward of the court for the purposes  of  federal  student  financial  aid
     7  programs  authorized by Title IV of the Higher Education Act of 1965, as
     8  amended, or had a dependent for income tax purposes during the tax  year
     9  next  preceding  the academic year for which application is made, except
    10  for those students who have been granted exclusion  of  parental  income
    11  who have a spouse but no other dependent:
    12    (a)  [For  students first receiving aid after nineteen hundred ninety-
    13  three--nineteen hundred ninety-four and before two  thousand--two  thou-
    14  sand one, four thousand two hundred ninety dollars; or
    15    (b) For students first receiving aid in nineteen hundred ninety-three-
    16  -nineteen  hundred  ninety-four or earlier, three thousand seven hundred
    17  forty dollars; or
    18    (c) For students first receiving aid in two thousand--two thousand one
    19  and thereafter, five] Five thousand  dollars,  except  starting  in  two
    20  thousand  fourteen-two  thousand  fifteen [and thereafter] such students
    21  shall receive five thousand one hundred sixty-five dollars,  and  except
    22  starting  in two thousand twenty-one--two thousand twenty-two and there-
    23  after such students shall receive five thousand six  hundred  sixty-five
    24  dollars,  provided  however  that  nothing  herein shall be construed as
    25  increasing any award made pursuant to this section for an academic  year
    26  prior to two thousand twenty-one--two thousand twenty-two; or
    27    [(d)] (b) For undergraduate students enrolled in a program of study at
    28  a  non-public  degree-granting institution that does not offer a program
    29  of study that leads to a baccalaureate degree, or at a  registered  not-
    30  for-profit  business  school  qualified  for tax exemption under section
    31  501(c)(3) of the internal revenue code for federal income  tax  purposes
    32  that  does  not  offer  a program of study that leads to a baccalaureate
    33  degree, four thousand dollars, except starting in two  thousand  twenty-
    34  one--two  thousand twenty-two and thereafter such students shall receive
    35  four thousand five hundred dollars. Provided, however, that this subitem
    36  shall not apply to students enrolled in a program of study leading to  a
    37  certificate or degree in nursing.
    38    (2)  In the case of students receiving awards pursuant to subparagraph
    39  (iii) of this paragraph and those students who have been granted  exclu-
    40  sion of parental income who have a spouse but no other dependent[.
    41    (a)  For  students first receiving aid in nineteen hundred ninety-four
    42  --nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
    43  teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
    44  dollars, or
    45    (b) For students first receiving aid in nineteen hundred  ninety-two--
    46  nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
    47  teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
    48  dollars, or
    49    (c)  For students first receiving aid in nineteen hundred ninety-one--
    50  nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
    51  dollars]  beginning in the two thousand twenty-one--two thousand twenty-
    52  two academic year and thereafter, three thousand  five  hundred  twenty-
    53  five  dollars,  provided  that  nothing  herein  shall  be  construed as
    54  increasing any award made for any prior academic year; or
    55    § 2. Subparagraphs (i) and (ii) of paragraph b  of  subdivision  3  of
    56  section  667 of the education law, as amended by chapter 309 of the laws

        S. 2506--C                         81                         A. 3006--C

     1  of 1996, clause (B) of subparagraph (i) as amended by section 2 of  part
     2  B of chapter 60 of the laws of 2000, are amended to read as follows:
     3    (i)  For  each year of study, assistance shall be provided as computed
     4  on the basis of the amount which is the lesser of the following:
     5    (A) (1) [eight]  one thousand three hundred dollars, or
     6    (2) for students receiving awards pursuant to  subparagraph  (iii)  of
     7  this paragraph, [six] one thousand one hundred forty dollars; or
     8    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
     9  educational fees) charged.
    10    (2) For the two thousand one--two thousand two academic year and ther-
    11  eafter one hundred percent of the amount of tuition (exclusive of educa-
    12  tional fees).
    13    (ii) Except for students as noted in subparagraph (iii) of this  para-
    14  graph,  the  base amount as determined in subparagraph (i) of this para-
    15  graph, shall be reduced in relation to income as follows:
 
    16  Amount of income                    Schedule of reduction
    17                                      of base amount
 
    18  (A) Less than seven thousand        None
    19      dollars
    20  (B) Seven thousand dollars or       Seven per centum of the excess
    21      more, but less than eleven       over seven thousand dollars
    22      thousand dollars
 
    23    [(C) For students first receiving aid:
    24    (1) for the first time in academic years nineteen hundred eighty-nine-
    25  -nineteen hundred ninety, nineteen hundred ninety-two--nineteen  hundred
    26  ninety-three  and  nineteen hundred ninety-three--nineteen hundred nine-
    27  ty-four:

    28  Amount of income                    Schedule of reduction of
    29                                      base amount

    30  Eleven thousand dollars or          Two hundred eighty dollars plus
    31  more but not more than forty-       ten per centum of the excess
    32  two thousand five hundred           over eleven thousand dollars
    33  dollars

    34    (2) for the first time in academic  years  nineteen  hundred  ninety--
    35  nineteen   hundred  ninety-one,  nineteen  hundred  ninety-one--nineteen
    36  hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
    37  ty-five and thereafter:

    38  Amount of income                    Schedule of reduction of
    39                                      base amount

    40  Eleven thousand dollars or          Two hundred eighty dollars plus
    41  more but not more than fifty        ten per centum of the excess
    42  thousand five hundred               over eleven thousand dollars
    43  dollars

    44    (3) for the first time in academic years prior to academic year  nine-
    45  teen hundred eighty-nine--nineteen hundred ninety:

    46  Amount of income                    Schedule of reduction of

        S. 2506--C                         82                         A. 3006--C

     1                                      base amount

     2  Eleven thousand dollars or          Two hundred eighty dollars plus
     3  more but not more than thirty-      ten per centum of the excess over
     4  four thousand two hundred fifty     eleven thousand dollars
     5  dollars]

     6    §  3.  Section  689-a of the education law, as added by chapter 260 of
     7  the laws of 2011, is amended to read as follows:
     8    § 689-a. Tuition credits. 1.  The  New  York  state  higher  education
     9  services  corporation shall calculate a tuition credit for each resident
    10  undergraduate student who has filed an application with such corporation
    11  for a tuition assistance program award pursuant to section  six  hundred
    12  sixty-seven of this article, and is determined to be eligible to receive
    13  such  award, and is also enrolled in a program of undergraduate study at
    14  a state operated or senior college of the state university of  New  York
    15  or the city university of New York where the annual resident undergradu-
    16  ate tuition rate will exceed [five thousand dollars] the maximum tuition
    17  assistance  program  award pursuant to subitem (a) of item one of clause
    18  (A) of subparagraph (i) of paragraph a of subdivision three  of  section
    19  six  hundred  sixty-seven of this article.  Such tuition credit shall be
    20  calculated for each semester, quarter or term of study that  tuition  is
    21  charged  and  tuition  for  the  corresponding semester, quarter or term
    22  shall not be due for any student eligible to receive such tuition credit
    23  until such credit is  calculated,  the  student  and  school  where  the
    24  student  is  enrolled is notified of the tuition credit amount, and such
    25  tuition credit is applied toward the tuition charged.
    26    2. Each tuition credit pursuant to this section  shall  be  an  amount
    27  equal  to the product of the total annual resident undergraduate tuition
    28  rate minus  [five  thousand  dollars]  the  maximum  tuition  assistance
    29  program  award  pursuant  to  subitem  (a)  of item one of clause (A) of
    30  subparagraph (i) of paragraph a of  subdivision  three  of  section  six
    31  hundred  sixty-seven  of this article then multiplied by an amount equal
    32  to the product of the total annual award for  the  student  pursuant  to
    33  section  six  hundred  sixty-seven  of this article divided by an amount
    34  equal to the maximum amount the student qualifies to receive pursuant to
    35  clause (A) of subparagraph (i) of paragraph a of  subdivision  three  of
    36  section six hundred sixty-seven of this article.
    37    § 4. Section 16 of chapter 260 of the laws of 2011 amending the educa-
    38  tion law and the New York state urban development corporation act relat-
    39  ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
    40  program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
    41  of  2017, is amended to read as follows:
    42    § 16. This act shall take effect July 1, 2011; provided that  sections
    43  one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
    44  thirteen of this act shall expire [10] 13  years  after  such  effective
    45  date  when  upon  such  date  the provisions of this act shall be deemed
    46  repealed; and provided further that sections  fourteen  and  fifteen  of
    47  this  act  shall expire 5 years after such effective date when upon such
    48  date the provisions of this act shall be deemed repealed.
    49    § 5. This act shall take effect July 1, 2021; provided, however,  that
    50  the  amendments  to  section  689-a of the education law made by section
    51  three of this act shall not affect the repeal of such section and  shall
    52  be deemed to expire therewith.
 
    53                                   PART EE

        S. 2506--C                         83                         A. 3006--C
 
     1    Section  1.  Section  398-a  of  the social services law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    (6) (a) Any federal paycheck protection program loan forgiveness fund-
     4  ing  or other extraordinary federal funding, as determined by the office
     5  of children and family services, received by  an  authorized  agency  as
     6  defined  in subdivision ten of section three hundred seventy-one of this
     7  article, to the extent consistent with federal law, shall be disregarded
     8  when calculating the   maximum state  aid  rate  when  such  funding  is
     9  utilized  for  allowable  costs or expenses incurred due to the state of
    10  emergency that was declared in executive order two hundred two on  March
    11  seventh,  two thousand twenty. Allowable costs or expenses shall include
    12  costs incurred due to the pandemic, as allowable pursuant to the program
    13  through which such funding was received or, to the extent  permitted  by
    14  federal  law,  expenses  related  to  offsetting  lost  revenue due to a
    15  reduction in placements that can be directly  attributed  to  the  novel
    16  coronavirus (COVID-19) pandemic.
    17    (b) The office of children and family services shall hold harmless the
    18  prospective  maximum  state  aid  rate  to the extent that extraordinary
    19  federal revenue was disregarded in accordance with paragraph (a) of this
    20  subdivision for the two  thousand  twenty-one--two  thousand  twenty-two
    21  rate year and subsequent applicable rate years.
    22    §  2.  This  act shall take effect immediately and shall expire and be
    23  deemed repealed 5 years after such date.
 
    24                                   PART FF
 
    25    Section 1. Notwithstanding any provision of law to  the  contrary,  in
    26  accordance  with  section  4  of  Division X of the federal Consolidated
    27  Appropriations Act of 2021 (P.L. 116-260) or any successor  legislation,
    28  a youth may not be required to leave foster care or be found to be inel-
    29  igible  for  title  IV-E  foster care maintenance payments solely due to
    30  such youth's age or such youth being deemed to not have met a  condition
    31  of  section  475(8)(B)(iv)  of  the  federal  social  security  act; and
    32  provided further that, notwithstanding any other provision of law to the
    33  contrary and in accordance with section 4 of Division X of  the  federal
    34  Consolidated  Appropriations Act of 2021 (P.L. 116-260) or any successor
    35  legislation, until October 1, 2021, a youth who was previously in foster
    36  care and was discharged from foster care after obtaining the age of  18,
    37  on  or  after April 1, 2020, shall be permitted to voluntarily return to
    38  and remain in foster care, as authorized by section 4 of Division  X  of
    39  the  federal  Consolidated Appropriations Act of 2021 (P.L. 116-260), or
    40  any such date as may be authorized pursuant to successor legislation.
    41    § 2.  Notwithstanding the age limitations for foster care contained in
    42  articles 3, 7, 10, or 10-A of the family court  act  and  in  accordance
    43  with  section 4 of Division X of the federal Consolidated Appropriations
    44  Act of 2021 (P.L. 116-260) or any successor legislation, youth who  stay
    45  in  foster care beyond age 21 pursuant to this chapter shall continue to
    46  have permanency hearings at the same intervals as  such  hearings  would
    47  otherwise  occur if such youth remained in care and had not obtained the
    48  age of 21.
    49    § 3.  Notwithstanding any provision of law to the contrary, in accord-
    50  ance with section 4 of Division X of the federal Consolidated  Appropri-
    51  ations  Act  of  2021  (P.L.  116-260) or any successor legislation, the
    52  family court shall be authorized to conduct proceedings and issue deter-
    53  minations pursuant to article 10-B  of  the  family  court  act  without
    54  regard  to  the youth's age or such youth being deemed to not have met a

        S. 2506--C                         84                         A. 3006--C
 
     1  condition of section 475(8)(B)(iv) of the federal  social  security  act
     2  until October 1, 2021, or any such date as may be authorized pursuant to
     3  successor  legislation.    Provided  further,  any such motions shall be
     4  heard and determined on an expedited basis.
     5    §  4.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed on the same date and in the same manner  as  the  termi-
     7  nation  of  the  provisions  of  section  4 of Division X of the federal
     8  Consolidated Appropriations Act of 2021 (P.L. 116-260), or on such later
     9  date as may be provided in any successor legislation; provided that  the
    10  commissioner  of the office of children and family services shall notify
    11  the legislative bill drafting commission  upon  the  occurrence  of  the
    12  termination  of the provisions of section 4 of Division X of the federal
    13  Consolidated Appropriations Act of 2021 (P.L. 116-260)  or  of  a  later
    14  date  provided by successor legislation in order that the commission may
    15  maintain an accurate and timely effective database of the official  text
    16  of  the laws of the state of New York in furtherance of effectuating the
    17  provisions of section 44 of the legislative law and section 70-b of  the
    18  public officers law.
 
    19                                   PART GG
 
    20    Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
    21  tion law is amended by adding a new subparagraph 4-b to read as follows:
    22    (4-b) (i) In state fiscal year two thousand  twenty-two--two  thousand
    23  twenty-three,  the  state  shall  appropriate and make available general
    24  fund operating support in the amount  of  thirty-three  percent  of  the
    25  tuition  credit calculated pursuant to section six hundred eighty-nine-a
    26  of this chapter for the two thousand  twenty-two--two  thousand  twenty-
    27  three academic year.
    28    (ii)  In  state  fiscal  year  two thousand twenty-three--two thousand
    29  twenty-four, the state shall appropriate and make available general fund
    30  operating support in the amount of sixty-seven percent  of  the  tuition
    31  credit  calculated pursuant to section six hundred eighty-nine-a of this
    32  chapter for the  two  thousand  twenty-three--two  thousand  twenty-four
    33  academic year.
    34    (iii)  Beginning  in  state  fiscal year two thousand twenty-four--two
    35  thousand twenty-five and thereafter, the  state  shall  appropriate  and
    36  make  available  general  fund  operating  support  in the amount of the
    37  tuition credit calculated pursuant to section six hundred  eighty-nine-a
    38  of this chapter annually.
    39    §  2. Subdivision 7 of section 6206 of the education law is amended by
    40  adding a new paragraph (f) to read as follows:
    41    (f) (i) In state fiscal year  two  thousand  twenty-two--two  thousand
    42  twenty-three,  the  state  shall  appropriate and make available general
    43  fund operating support in the amount  of  thirty-three  percent  of  the
    44  tuition  credit calculated pursuant to section six hundred eighty-nine-a
    45  of this chapter for the two thousand  twenty-two--two  thousand  twenty-
    46  three academic year.
    47    (ii)  In  state  fiscal  year  two thousand twenty-three--two thousand
    48  twenty-four, the state shall appropriate and make available general fund
    49  operating support in the amount of sixty-seven percent  of  the  tuition
    50  credit  calculated pursuant to section six hundred eighty-nine-a of this
    51  chapter for the  two  thousand  twenty-three--two  thousand  twenty-four
    52  academic year.
    53    (iii)  Beginning  in  state  fiscal year two thousand twenty-four--two
    54  thousand twenty-five and thereafter, the  state  shall  appropriate  and

        S. 2506--C                         85                         A. 3006--C
 
     1  make  available  general  fund  operating  support  in the amount of the
     2  tuition credit calculated pursuant to section six hundred  eighty-nine-a
     3  of this chapter annually.
     4    § 3. This act shall take effect immediately.
 
     5                                   PART HH

     6    Section 1. Subdivision 11 of section 17 of the public officers law, as
     7  added by chapter 499 of the laws of 1992, is amended to read as follows:
     8    11.  The  provisions of this section shall not apply to physicians who
     9  are subject to the provisions of the plan for the management of clinical
    10  practice income as set forth in the policies of the board  of  trustees,
    11  title  8,  New  York  codes,  rules and regulations, regarding any civil
    12  action or proceeding alleging some professional malpractice in any state
    13  or federal court arising out of the physician's involvement in  clinical
    14  practice  as defined in that plan, provided however, that the provisions
    15  of this section shall apply when a claim or proceeding arises while  the
    16  physician  was  acting  on  behalf of the state within the scope of such
    17  physician's public employment or duties.
    18    § 2. This act shall take effect immediately and  shall  apply  to  all
    19  claims pending or filed on or after such date.
 
    20                                   PART II
 
    21    Section  1.  Subdivision 2 of section 2805-i of the public health law,
    22  as added by section 2 of part HH of chapter 57 of the laws of  2018,  is
    23  amended to read as follows:
    24    2.  Sexual  offense  evidence  shall  be  collected  and maintained as
    25  follows:
    26    (a) All sexual offense evidence shall be kept in  a  locked,  separate
    27  and  secure  area for twenty years from the date of collection; provided
    28  that such evidence shall be transferred to a new location(s) pursuant to
    29  this subdivision.
    30    (b) Sexual offense evidence shall include,  but  not  be  limited  to,
    31  slides,  cotton swabs, clothing and other items. Where appropriate, such
    32  items shall be refrigerated and the clothes and swabs  shall  be  dried,
    33  stored in paper bags, and labeled. Each item of evidence shall be marked
    34  and  logged  with  a  code  number  corresponding  to the alleged sexual
    35  offense victim's medical record.
    36    (c) Upon collection, the hospital  shall  notify  the  alleged  sexual
    37  offense  victim  that,  after  twenty years, the sexual offense evidence
    38  will be discarded in compliance with state and local  health  codes  and
    39  that  the  alleged  sexual  offense victim's clothes or personal effects
    40  will be returned to the alleged sexual offense victim at any  time  upon
    41  request.  The alleged sexual offense victim shall be given the option of
    42  providing contact information for purposes of receiving  notice  of  the
    43  planned  destruction  of such evidence after the expiration of the twen-
    44  ty-year period.
    45    (d) Until [April first] September thirtieth, two thousand [twenty-one]
    46  twenty-two, or earlier if determined feasible by the director of  budget
    47  [pursuant  to  paragraph  (g)  of  this subdivision], hospitals shall be
    48  responsible for securing long-term sexual offense evidence  pursuant  to
    49  this  section,  after  which such storage shall be the responsibility of
    50  the [custodian(s) identified in the plan approved  by  the  director  of
    51  budget  pursuant  to paragraph (g) of this subdivision] office of victim
    52  services.  Hospitals may enter into contracts with other  entities  that

        S. 2506--C                         86                         A. 3006--C
 
     1  will  ensure  appropriate and secure long-term storage of sexual offense
     2  evidence pursuant to this section until [April first] September  thirti-
     3  eth, two thousand [twenty-one] twenty-two.
     4    (e)  Beginning April first, two thousand eighteen, the department, the
     5  office of victim services, the division of criminal justice services and
     6  the division of state police shall  jointly  study,  evaluate  and  make
     7  recommendations  concerning the storage and monitoring of sexual offense
     8  evidence for twenty years, including studying options for  the  use  of:
     9  state-owned  or  operated  facilities;  facilities  owned or operated by
    10  local government or law enforcement agencies; and  facilities  owned  or
    11  operated by private entities.
    12    (f) [On or before December first, two thousand nineteen, such agencies
    13  shall  submit  a  joint  plan  to the director of budget, speaker of the
    14  assembly, and president pro tempore of the  senate,  which  shall  at  a
    15  minimum  include:  recommended  storage  location(s)  for sexual offense
    16  evidence; a schedule for  sexual  offense  evidence  held  by  hospitals
    17  pursuant  to  this section to be transferred to such storage location(s)
    18  by April first, two thousand twenty-one; and  tracking,  monitoring  and
    19  notification option(s).
    20    (g)  On  or before January first, two thousand twenty, the director of
    21  budget shall approve a plan that, at  a  minimum,  establishes:  storage
    22  location(s)  for  sexual  offense evidence by no later than April first,
    23  two thousand  twenty-one;  a  reasonable  schedule  for  sexual  offense
    24  evidence  maintained  by hospitals pursuant to this section to be trans-
    25  ferred to such storage location(s); and tracking, monitoring and notifi-
    26  cation system(s).
    27    (h)] Between thirty and ten days  prior  to  the  transfer  of  sexual
    28  offense  evidence  to  the  [storage  location(s) identified in the plan
    29  approved by the director of budget pursuant to  paragraph  (g)  of  this
    30  subdivision]  office  of  victim services, hospitals shall make diligent
    31  efforts to notify the alleged sexual offense victim of the  transfer  of
    32  custody for the remainder of the twenty-year storage period.
    33    [(i)]  (g) On [April first] September thirtieth, two thousand [twenty-
    34  one] twenty-two, or earlier if determined feasible by  the  director  of
    35  budget,  responsibility for long-term storage of sexual offense evidence
    36  shall transfer to the [custodian(s) identified in the plan  approved  by
    37  the  director  of  budget pursuant to paragraph (g) of this subdivision]
    38  office of victim services.
    39    [(j)] (h) After [April first] September thirtieth, two thousand [twen-
    40  ty-one] twenty-two, or earlier if determined feasible by the director of
    41  budget, hospitals shall  ensure  transfer  of  sexual  offense  evidence
    42  collected  pursuant  to  this section to the [custodian(s) identified in
    43  the plan approved by the director of budget pursuant to paragraph (g) of
    44  this  subdivision]  office  of  victim  services  within  ten  days   of
    45  collection of such evidence, while maintaining chain of custody.
    46    [(k)]  (i) At least ninety days prior to the expiration of the twenty-
    47  year storage period for any sexual offense evidence,  the  [custodian(s)
    48  of  the  sexual  offense  evidence] office of victim services shall make
    49  diligent efforts to contact the alleged sexual offense victim to  notify
    50  the  alleged sexual offense victim that the sexual offense evidence will
    51  be discarded in compliance with state and local health  codes  and  that
    52  the alleged sexual offense victim's clothes and personal effects will be
    53  returned to the alleged sexual offense victim upon request.
    54    [(l)]  (j) Notwithstanding any other provision in this section, sexual
    55  offense evidence shall  not  continue  to  be  stored  where:  (i)  such
    56  evidence  is not privileged and law enforcement requests its release, in

        S. 2506--C                         87                         A. 3006--C
 
     1  which case the custodian(s) shall comply with such request; or (ii) such
     2  evidence is privileged and either (A) the alleged sexual offense  victim
     3  gives  permission to release the evidence to law enforcement, or (B) the
     4  alleged   sexual   offense   victim  signs  a  statement  directing  the
     5  custodian(s) to dispose of  the  evidence,  in  which  case  the  sexual
     6  offense  evidence  will  be discarded in compliance with state and local
     7  health codes.
     8    § 2. This act shall take effect April 1, 2021.
 
     9                                   PART JJ
 
    10    Section 1. This Part enacts into law major components  of  legislation
    11  which  are  related to the availability of adverse childhood experiences
    12  services. Each component is  wholly contained within a  Subpart  identi-
    13  fied  as  Subparts  A  and  B.  The  effective  date for each particular
    14  provision contained within such Subpart is set forth in the last section
    15  of such Subpart.  Any  provision  in  any  section  contained  within  a
    16  Subpart, including the effective date of the Subpart, which makes refer-
    17  ence  to  a  section  of  "this  act", when used in connection with that
    18  particular component, shall be deemed to mean and refer  to  the  corre-
    19  sponding  section  of  the  Subpart  in which it is found.   Section two
    20  contains a severability clause for  all  provisions  contained  in  each
    21  Subpart  of  this Part. Section three of this act sets forth the general
    22  effective date of this Part.
 
    23                                  SUBPART A
 
    24    Section 1. The social services law is amended by adding a new  section
    25  131-aaa to read as follows:
    26    §  131-aaa.  Availability  of  adverse childhood experiences services.
    27  Each local social services district shall be required to make  available
    28  to  applicants  and  recipients  of  public assistance who are a parent,
    29  guardian, custodian or otherwise responsible for a child's care,  educa-
    30  tional  materials developed pursuant to subdivision two of section three
    31  hundred seventy-c of this article to educate them about  adverse  child-
    32  hood  experiences,  the  importance of protective factors and the avail-
    33  ability of services for children at risk for or suffering  from  adverse
    34  childhood  experiences.  The educational materials may be made available
    35  electronically and shall be offered  at  the  time  of  application  and
    36  recertification.
    37    §  2.  Article 5 of the social services law is amended by adding a new
    38  title 12-A to read as follows:
    39                                 TITLE 12-A
    40           SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE
    41                            CHILDHOOD EXPERIENCES
    42  Section 370-c. Supports and services for youth  suffering  from  adverse
    43                   childhood experiences.
    44    § 370-c. Supports and services for youth suffering from adverse child-
    45  hood  experiences.  1. Youth suffering from or at risk of adverse child-
    46  hood experiences, as defined in paragraph  (c)  of  subdivision  one  of
    47  section  twenty-d of this chapter, may be eligible for a range of appro-
    48  priate services and supports that enhance  protective  factors,  or  are
    49  culturally  competent, evidence based and trauma informed and beneficial
    50  to the overall health and well-being of the  youth,  including  but  not
    51  necessarily  limited to available: (i) appropriate health and behavioral
    52  health services provided to  youth  who  are  otherwise  eligible  under

        S. 2506--C                         88                         A. 3006--C
 
     1  subdivision  seven  of  section  twenty-five  hundred  ten of the public
     2  health law and subdivision two of section three hundred sixty-five-a  of
     3  this  article; (ii) preventive services provided to youth who are other-
     4  wise  eligible  pursuant to section four hundred nine-a of this article;
     5  (iii) services provided to youth who are otherwise eligible pursuant  to
     6  subdivision  two  of section four hundred fifty-eight-m of this chapter;
     7  or (iv) to the extent funds are specifically appropriated therefor,  any
     8  other services necessary to serve youth suffering from adverse childhood
     9  experiences.
    10    2.  The  office  of children and family services, in consultation with
    11  the office of temporary and disability assistance, the office of  mental
    12  health, the office of addiction services and supports, the department of
    13  health  and  not-for-profit  organizations that have expertise providing
    14  services to individuals suffering from  adverse  childhood  experiences,
    15  shall  develop  or  utilize existing educational materials to be used to
    16  educate  parents,  guardians  and  other  authorized  individuals  about
    17  adverse  childhood  experiences  including the environmental events that
    18  may impact or lead to adverse childhood experiences, the  importance  of
    19  protective factors and the availability of services for children at risk
    20  of  or  suffering  from adverse childhood experiences.  Such information
    21  shall be made available electronically and shall be posted on each agen-
    22  cy's website.
    23    § 3. Subdivision 7 of section  390  of  the  social  services  law  is
    24  amended by adding a new paragraph (c) to read as follows:
    25    (c)  The  office  of  children  and  family services shall implement a
    26  statewide campaign to educate parents and other consumers of  child  day
    27  care  programs  about  adverse  childhood experiences, the importance of
    28  protective factors, and the availability of  services  for  children  at
    29  risk  for  or  experiencing  adverse childhood experiences as defined in
    30  paragraph (c) of subdivision one of section twenty-d  of  this  chapter.
    31  Such  statewide campaign, shall include but is not limited to, providing
    32  all licensed, registered and enrolled child care providers  with  educa-
    33  tional  materials developed pursuant to subdivision two of section three
    34  hundred seventy-c of this chapter. The educational materials may be made
    35  available electronically and shall  be  offered  to  parents  and  other
    36  consumers at the time of enrollment.
    37    §  4.  Section  305  of  the  education law is amended by adding a new
    38  subdivision 59 to read as follows:
    39    59. The commissioner shall make available educational materials devel-
    40  oped pursuant to subdivision two of section three hundred  seventy-c  of
    41  the  social  services  law  to  every  school  district, charter school,
    42  nonpublic school, approved preschool, approved preschool special  educa-
    43  tion program, approved private residential or non-residential school for
    44  the  education  of students with disabilities, state-supported school in
    45  accordance with article eighty-five of this chapter, and board of  coop-
    46  erative educational services for the purpose of educating parents, guar-
    47  dians  and other authorized individuals responsible for the child's care
    48  about  adverse  childhood  experiences,  the  importance  of  protective
    49  factors,  and  the  availability of services for children at risk for or
    50  experiencing  adverse  childhood  experiences.  The  commissioner  shall
    51  provide that such educational materials are made available online pursu-
    52  ant  to subdivision two of section three hundred seventy-c of the social
    53  services law.
    54    § 5. The public health law is amended by adding a new  section  2509-c
    55  to read as follows:

        S. 2506--C                         89                         A. 3006--C
 
     1    §  2509-c.  Availability  of  adverse  childhood experiences services.
     2  Every pediatrics health care provider licensed pursuant to  article  one
     3  hundred thirty-one of the education law shall be required to provide the
     4  parent,  guardian,  custodian  or other authorized individual of a child
     5  that  the pediatrician sees in their official capacity, with educational
     6  materials developed pursuant to subdivision two of section three hundred
     7  seventy-c of the social services law. Such  materials  may  be  provided
     8  electronically  and  shall  be  used  to  inform  and educate them about
     9  adverse childhood experiences, the importance of protective factors  and
    10  the  availability  of  services for children at risk for or experiencing
    11  adverse childhood experiences.
    12    § 6. Paragraph (a) of subdivision 2  of  section  422  of  the  social
    13  services  law, as amended by chapter 357 of the laws of 2014, is amended
    14  to read as follows:
    15    (a) The central register shall be capable of receiving telephone calls
    16  alleging child abuse or  maltreatment  and  of  immediately  identifying
    17  prior  reports  of child abuse or maltreatment and capable of monitoring
    18  the provision of child protective service twenty-four hours a day, seven
    19  days a week. To effectuate this purpose, but subject to  the  provisions
    20  of  the  appropriate  local  plan  for the provision of child protective
    21  services, there shall be a single statewide telephone  number  that  all
    22  persons,  whether  mandated by the law or not, may use to make telephone
    23  calls alleging child abuse or  maltreatment  and  that  all  persons  so
    24  authorized  by this title may use for determining the existence of prior
    25  reports in order to evaluate the condition or circumstances of a  child.
    26  In  addition  to the single statewide telephone number, there shall be a
    27  special unlisted express telephone  number  and  a  telephone  facsimile
    28  number  for use only by persons mandated by law to make telephone calls,
    29  or to transmit telephone facsimile information on a form provided by the
    30  commissioner of children and family services, alleging  child  abuse  or
    31  maltreatment, and for use by all persons so authorized by this title for
    32  determining  the  existence  of  prior  reports in order to evaluate the
    33  condition or circumstances of a child. When any allegations contained in
    34  such telephone calls could reasonably constitute a report of child abuse
    35  or maltreatment, after utilizing protocols that  would  reduce  implicit
    36  bias from the decision-making process, such allegations and any previous
    37  reports  to the central registry involving the subject of such report or
    38  children named in such report, including any previous report  containing
    39  allegations  of child abuse and maltreatment alleged to have occurred in
    40  other counties and districts in New  York  state  shall  be  immediately
    41  transmitted orally or electronically by the office of children and fami-
    42  ly services to the appropriate local child protective service for inves-
    43  tigation.  The  inability of the person calling the register to identify
    44  the alleged perpetrator shall, in no circumstance, constitute  the  sole
    45  cause  for  the  register  to reject such allegation or fail to transmit
    46  such allegation for investigation. If the records  indicate  a  previous
    47  report  concerning  a  subject  of  the  report, the child alleged to be
    48  abused or maltreated, a sibling, other children in the household,  other
    49  persons  named  in the report or other pertinent information, the appro-
    50  priate local child protective service shall be immediately  notified  of
    51  the  fact.  If the report involves either (i) an allegation of an abused
    52  child described in paragraph (i), (ii) or (iii) of  subdivision  (e)  of
    53  section one thousand twelve of the family court act or sexual abuse of a
    54  child  or  the  death  of  a  child or (ii) suspected maltreatment which
    55  alleges any physical harm when the report is made by a  person  required
    56  to report pursuant to section four hundred thirteen of this title within

        S. 2506--C                         90                         A. 3006--C
 
     1  six months of any other two reports that were indicated, or may still be
     2  pending,  involving  the  same  child, sibling, or other children in the
     3  household or the subject of the report, the office of children and fami-
     4  ly services shall identify the report as such and note any prior reports
     5  when  transmitting the report to the local child protective services for
     6  investigation.
     7    § 7. Paragraph (c) of subdivision 2  of  section  421  of  the  social
     8  services  law,  as  amended  by section 2 of part R of chapter 56 of the
     9  laws of 2020, is amended to read as follows:
    10    (c) issue guidelines to assist local child protective services in  the
    11  interpretation  and assessment of reports of abuse and maltreatment made
    12  to the statewide central register  described  in  section  four  hundred
    13  twenty-two  of  this article. Such guidelines shall include information,
    14  standards and criteria for the identification  of  evidence  of  alleged
    15  abuse  and maltreatment as required to determine whether a report may be
    16  indicated pursuant to this article.  Provided  further,  the  office  of
    17  children and family services shall update such guidelines, standards and
    18  criteria  issued  to  the  local  child  protective  services to include
    19  protocols to reduce implicit  bias  in  the  decision-making  processes,
    20  strategies  for  identifying adverse childhood experiences as defined in
    21  paragraph (c) of subdivision one of section twenty-d  of  this  chapter,
    22  and  guidelines  to assist in recognizing signs of abuse or maltreatment
    23  while interacting virtually.  The office may utilize  existing  programs
    24  or materials established pursuant to section twenty-d of this chapter.
    25    § 8. Section 413 of the social services law is amended by adding a new
    26  subdivision 5 to read as follows:
    27    5.    The office of children and family services shall update training
    28  issued to persons and officials required to report  cases  of  suspected
    29  child abuse or maltreatment to include protocols to reduce implicit bias
    30  in  the  decision-making  processes,  strategies for identifying adverse
    31  childhood experiences as defined in paragraph (c) of subdivision one  of
    32  section  twenty-d of this chapter, and guidelines to assist in recogniz-
    33  ing signs of abuse or maltreatment  while  interacting  virtually.  Such
    34  persons  and officials shall have three years from the effective date of
    35  the chapter of the laws of  two  thousand  twenty-one  that  added  this
    36  subdivision to receive such updated mandated reported training.
    37    § 9. This act shall take effect April 1, 2022, provided, however, that
    38  section  eight  of  this  act  shall expire and be deemed repealed three
    39  years after the effective date of this act.
 
    40                                  SUBPART B
 
    41                           Intentionally Omitted.

    42    § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
    43  section  or  part contained in any subpart of this act shall be adjudged
    44  by any court of competent jurisdiction  to  be  invalid,  such  judgment
    45  shall not affect, impair, or invalidate the remainder thereof, but shall
    46  by  confined in its operation to the clause, sentence, paragraph, subdi-
    47  vision, section or  part  contained  in  any  subpart  thereof  directly
    48  involved  in  the  controversy  in  which  such judgment shall have been
    49  rendered. It is hereby declared to be the intent of the legislature that
    50  this act would have been enacted even if such invalid provisions had not
    51  been included herein.

        S. 2506--C                         91                         A. 3006--C
 
     1    § 3. This act shall take effect immediately, provided,  however,  that
     2  the  applicable  effective  date  of  Subpart  A of this act shall be as
     3  specifically set forth in the last section of such Subpart.
 
     4                                   PART KK
 
     5    Section  1. Electronic service of process authorized by the provisions
     6  of this act is an optional program. Any corporation, association, limit-
     7  ed liability company, or partnership will continue to receive service of
     8  process by mail unless such corporation, association, limited  liability
     9  company,  or  partnership makes an affirmative choice to receive service
    10  of process through electronic means. The department of state's  division
    11  of  corporations,  state  records  and  uniform  commercial  code  shall
    12  conspicuously display on their website a description of  each  available
    13  method  of submitting a copy of process to the department of state along
    14  with the disclosure that using any such method of  submission  will  not
    15  result in any extra cost to the consumer.
    16    § 1-a. Paragraph (d) of section 304 of the business corporation law is
    17  amended to read as follows:
    18    (d) Any  designated  [post-office]  post  office  address to which the
    19  secretary of state shall mail a copy of process served upon him  or  her
    20  as  agent  of  a  domestic  corporation  or a foreign corporation, shall
    21  continue until the filing of a certificate  or  other  instrument  under
    22  this  chapter  directing  the  mailing to a different [post-office] post
    23  office address and any designated email address to which  the  secretary
    24  of  state shall email notice of the fact that process has been electron-
    25  ically served upon him or her as agent  of  a  domestic  corporation  or
    26  foreign  corporation shall continue until the filing of a certificate or
    27  other instrument under this  chapter  changing  or  deleting  the  email
    28  address.
    29    § 1-b. The business corporation law is amended by adding a new section
    30  304-a to read as follows:
    31  § 304-a. Electronic service of process.
    32    The  secretary  of  state  shall advise any corporation subject to the
    33  laws of this chapter in prominent written form as follows: (a) electron-
    34  ic service of process authorized by the provisions of this chapter is an
    35  optional program at no additional cost to the user; (b) any  corporation
    36  subject  to the laws of this chapter will continue to receive service of
    37  process by mail unless such corporation notifies  the  secretary  of  an
    38  affirmative  choice  to receive service of process by way of the program
    39  through electronic means, in which case  digital  copies  will  be  made
    40  accessible  but  paper documents will not be mailed; and (c) such choice
    41  may be reversed by the corporation at any time and, thereafter,  service
    42  by mail will resume.
    43    §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
    44  corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
    45  amended to read as follows:
    46    (1)  Service of process on the secretary of state as agent of a domes-
    47  tic or authorized foreign corporation shall be made [by  personally]  in
    48  the  manner  provided by clause (i) or (ii) of this subparagraph. Either
    49  option of service authorized pursuant  to  this  subparagraph  shall  be
    50  available  at  no extra cost to the consumer.  (i) Personally delivering
    51  to and leaving with the secretary of state or  a  deputy,  or  with  any
    52  person  authorized by the secretary of state to receive such service, at
    53  the office of the department of state in the city of  Albany,  duplicate
    54  copies  of such process together with the statutory fee, which fee shall

        S. 2506--C                         92                         A. 3006--C
 
     1  be a taxable disbursement. Service of process on such corporation  shall
     2  be  complete  when the secretary of state is so served. The secretary of
     3  state shall promptly send one of such copies by certified  mail,  return
     4  receipt  requested,  to such corporation, at the post office address, on
     5  file in the department of state, specified for the purpose. If a  domes-
     6  tic or authorized foreign corporation has no such address on file in the
     7  department  of state, the secretary of state shall so mail such copy, in
     8  the case of a domestic corporation, in care of any director named in its
     9  certificate of incorporation at the director's  address  stated  therein
    10  or,  in  the  case  of an authorized foreign corporation, to such corpo-
    11  ration at the address of its office within this state  on  file  in  the
    12  department.  (ii) Electronically submitting a copy of the process to the
    13  department of state together with the statutory fee, which fee shall  be
    14  a  taxable  disbursement,  through  an electronic system operated by the
    15  department of state, provided the domestic or authorized foreign  corpo-
    16  ration  has an email address on file in the department of state to which
    17  the secretary of state shall email a notice of the fact that process has
    18  been served electronically on the secretary of state. Service of process
    19  on such corporation shall be complete when the secretary  of  state  has
    20  reviewed  and  accepted  service of such process. The secretary of state
    21  shall promptly send a notice of the fact that process has been served to
    22  such corporation at the email address  on  file  in  the  department  of
    23  state,  specified  for  the purpose and shall make a copy of the process
    24  available to such corporation.
    25    § 3. The opening paragraph of paragraph (b)  of  section  307  of  the
    26  business corporation law is amended to read as follows:
    27    Service  of such process upon the secretary of state shall be made [by
    28  personally] in the manner provided by subparagraph one or  two  of  this
    29  paragraph.  Either  option  of service authorized pursuant to this para-
    30  graph shall be available  at  no  extra  cost  to  the  consumer.    (1)
    31  Personally delivering to and leaving with him or his deputy, or with any
    32  person  authorized by the secretary of state to receive such service, at
    33  the office of the department of state in the city of Albany, a  copy  of
    34  such process together with the statutory fee, which fee shall be a taxa-
    35  ble disbursement. (2) Electronically submitting a copy of the process to
    36  the department of state together with the statutory fee, which fee shall
    37  be  a taxable disbursement, through an electronic system operated by the
    38  department of state. Such service shall be sufficient if notice  thereof
    39  and a copy of the process are:
    40    §  4.  Subparagraph  7 of paragraph (a) of section 402 of the business
    41  corporation law is amended to read as follows:
    42    (7) A designation of the secretary of state as  agent  of  the  corpo-
    43  ration  upon  whom  process against it may be served and the post office
    44  address within or without this state to which  the  secretary  of  state
    45  shall  mail a copy of any process against it served upon him or her. The
    46  corporation may include an email address to which the secretary of state
    47  shall email a notice of the fact that process against it has been  elec-
    48  tronically served upon him or her.
    49    §  5.  Paragraph (b) of section 801 of the business corporation law is
    50  amended by adding a new subparagraph 15 to read as follows:
    51    (15) To specify, change or delete  the  email  address  to  which  the
    52  secretary of state shall email a notice of the fact that process against
    53  the corporation has been electronically served upon him or her.
    54    §  6.  Paragraph (b) of section 803 of the business corporation law is
    55  amended by adding a new subparagraph 4 to read as follows:

        S. 2506--C                         93                         A. 3006--C
 
     1    (4) To specify, change or delete the email address to which the secre-
     2  tary of state shall email a notice of the fact that process against  the
     3  corporation has been electronically served upon him or her.
     4    §  7.  Paragraph (b) of section 805-A of the business corporation law,
     5  as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
     6  follows:
     7    (b) A certificate of change which changes only the post office address
     8  to which the secretary of state shall mail a copy of any process against
     9  a  corporation served upon him or her, and/or the email address to which
    10  the secretary of state shall email a notice of  the  fact  that  process
    11  against  it  has  been electronically served upon the secretary of state
    12  and/or the address of the registered agent, provided such address  being
    13  changed  is  the  address  of a person, partnership or other corporation
    14  whose address, as agent, is the address to be changed, and/or the  email
    15  address  being  changed is the email address of a person, partnership or
    16  corporation whose email address, as agent, is the email  address  to  be
    17  changed,  or who has been designated as registered agent for such corpo-
    18  ration, may be signed[, verified] and delivered  to  the  department  of
    19  state  by  such  agent.  The  certificate  of change shall set forth the
    20  statements required under subparagraphs (a) (1), (2)  and  (3)  of  this
    21  section;  that  a notice of the proposed change was mailed to the corpo-
    22  ration by the party signing the certificate not less  than  thirty  days
    23  prior  to  the  date  of delivery to the department and that such corpo-
    24  ration has not objected thereto; and that the party signing the  certif-
    25  icate is the agent of such corporation to whose address the secretary of
    26  state  is  required  to mail copies of process [or], and/or the agent of
    27  the corporation to  whose  email  address  the  secretary  of  state  is
    28  required  to  mail a notice of the fact that process against it has been
    29  electronically served upon the secretary of state, and/or the registered
    30  agent, if such be the case. A certificate signed[, verified] and  deliv-
    31  ered  under  this  paragraph  shall  not be deemed to effect a change of
    32  location of the office of the corporation in whose behalf  such  certif-
    33  icate is filed.
    34    §  8. Subparagraph 8 of paragraph (a) of section 904-a of the business
    35  corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
    36  amended to read as follows:
    37    (8)  If  the surviving or resulting entity is a foreign corporation or
    38  other business entity, a designation of the secretary of  state  as  its
    39  agent upon whom process against it may be served in the manner set forth
    40  in  paragraph  (b)  of section three hundred six of this chapter, in any
    41  action or special proceeding, and a post office address, within or with-
    42  out this state, to which the secretary of state shall mail a copy of any
    43  process against it served upon him or her. The corporation  may  include
    44  an email address to which the secretary of state shall email a notice of
    45  the fact that process against it has been electronically served upon him
    46  or  her.    Such  post  office address shall supersede any prior address
    47  designated as the address to which process  shall  be  mailed  and  such
    48  email  address shall supersede any prior email address designated as the
    49  email address to which a notice shall be sent;
    50    § 9. Clause (G) of subparagraph 2 of paragraph (e) of section  907  of
    51  the  business  corporation law, as amended by chapter 494 of the laws of
    52  1997, is amended to read as follows:
    53    (G) A designation of the secretary of state as  its  agent  upon  whom
    54  process  against  it  may be served in the manner set forth in paragraph
    55  (b) of section 306 (Service  of  process),  in  any  action  or  special
    56  proceeding,  and a post office address, within or without this state, to

        S. 2506--C                         94                         A. 3006--C
 
     1  which the secretary of state shall mail a copy of any process against it
     2  served upon him or her. The corporation may include an email address  to
     3  which the secretary of state shall email a notice of the fact that proc-
     4  ess  against  it  has  been electronically served upon him or her.  Such
     5  post office address shall supersede any prior address designated as  the
     6  address  to  which  process shall be mailed and such email address shall
     7  supersede any prior email address designated as  the  email  address  to
     8  which a notice shall be sent.
     9    §  10. Subparagraph 6 of paragraph (a) of section 1304 of the business
    10  corporation law, as amended by chapter 684 of the laws of  1963  and  as
    11  renumbered  by  chapter  590  of the laws of 1982, is amended to read as
    12  follows:
    13    (6) A designation of the secretary of state as  its  agent  upon  whom
    14  process  against  it may be served and the post office address within or
    15  without this state to which the secretary of state shall mail a copy  of
    16  any  process  against  it  served  upon  him or her. The corporation may
    17  include an email address to which the secretary of state shall  email  a
    18  notice  of  the  fact  that  process  against it has been electronically
    19  served upon him or her.
    20    § 11. Paragraph (a) of section 1308 of the business corporation law is
    21  amended by adding a new subparagraph 10 to read as follows:
    22    (10) To specify, change or delete  the  email  address  to  which  the
    23  secretary of state shall email a notice of the fact that process against
    24  the corporation has been electronically served upon him or her.
    25    § 12. Paragraph (c) of section 1309-A of the business corporation law,
    26  as  amended  by  chapter  172  of the laws of 1999, is amended and a new
    27  subparagraph 4 is added to paragraph (a) to read as follows:
    28    (4) To specify, change or delete the email address to which the secre-
    29  tary of state shall email a notice of the fact that process against  the
    30  corporation has been electronically served upon him or her.
    31    (c) A certificate of change of application for authority which changes
    32  only  the post office address to which the secretary of state shall mail
    33  a copy of any process against an authorized foreign  corporation  served
    34  upon  him  or  her,  and/or  the email address to which the secretary of
    35  state shall email a notice of the fact that process against it has  been
    36  electronically  served  upon the secretary of state and/or which changes
    37  the address of its  registered  agent,  provided  such  address  is  the
    38  address  of a person, partnership or other corporation whose address, as
    39  agent, is the address to be changed [or], and/or the email address being
    40  changed is the email address of a  person,  partnership  or  corporation
    41  whose  email  address,  as  agent,  is  the email address to be changed,
    42  and/or who has been designated as registered agent for  such  authorized
    43  foreign  corporation,  may  be signed and delivered to the department of
    44  state by such agent.  The  certificate  of  change  of  application  for
    45  authority  shall  set  forth the statements required under subparagraphs
    46  (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
    47  the proposed change was mailed by the party signing the  certificate  to
    48  the  authorized  foreign  corporation not less than thirty days prior to
    49  the date of delivery to the department and that such corporation has not
    50  objected thereto; and that the party  signing  the  certificate  is  the
    51  agent  of  such  foreign  corporation  to whose address the secretary of
    52  state is required to mail copies of process [or], and/or  the  agent  of
    53  such  foreign  corporation to whose email address the secretary of state
    54  is required to mail a notice of the fact that  process  against  it  has
    55  been  electronically  served on the secretary of state and/or the regis-
    56  tered agent, if such be the case. A  certificate  signed  and  delivered

        S. 2506--C                         95                         A. 3006--C
 
     1  under  this paragraph shall not be deemed to effect a change of location
     2  of the office of the corporation in whose  behalf  such  certificate  is
     3  filed.
     4    §  13.  Subparagraph  6  of paragraph (a) and paragraph (d) of section
     5  1310 of the business corporation law, the opening paragraph of paragraph
     6  (d) as amended by chapter 172 of the laws of 1999, are amended  to  read
     7  as follows:
     8    (6)  A  post  office address within or without this state to which the
     9  secretary of state shall mail a copy of any process  against  it  served
    10  upon  him  or her. The corporation may include an email address to which
    11  the secretary of state shall email a notice of  the  fact  that  process
    12  against it has been electronically served upon him or her.
    13    (d)  The  post office address and/or the email address specified under
    14  subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
    15  certificate,  entitled  "Certificate  of  amendment  of  certificate  of
    16  surrender of authority of ........ (name of corporation)  under  section
    17  1310  of  the  Business Corporation Law", shall be signed as provided in
    18  paragraph (a) of this section and delivered to the department of  state.
    19  It shall set forth:
    20    (1) The name of the foreign corporation.
    21    (2) The jurisdiction of its incorporation.
    22    (3)  The  date  its certificate of surrender of authority was filed by
    23  the department of state.
    24    (4) The changed post office address, within or without this state,  to
    25  which the secretary of state shall mail a copy of any process against it
    26  served  upon  him  or  her and/or the changed email address to which the
    27  secretary of state shall email a notice of the fact that process against
    28  it has been electronically served upon him or her.
    29    § 14. Section 1311 of the business  corporation  law,  as  amended  by
    30  chapter 375 of the laws of 1998, is amended to read as follows:
    31  § 1311. Termination of existence.
    32    When  an  authorized foreign corporation is dissolved or its authority
    33  or existence is otherwise terminated or cancelled in the jurisdiction of
    34  its incorporation or when such foreign corporation  is  merged  into  or
    35  consolidated  with  another  foreign  corporation,  a certificate of the
    36  secretary of state, or official performing the equivalent function as to
    37  corporate records, of the jurisdiction of incorporation of such  foreign
    38  corporation attesting to the occurrence of any such event or a certified
    39  copy of an order or decree of a court of such jurisdiction directing the
    40  dissolution  of  such foreign corporation, the termination of its exist-
    41  ence or the cancellation of its authority  shall  be  delivered  to  the
    42  department  of  state.  The  filing  of the certificate, order or decree
    43  shall have the same effect as the filing of a certificate  of  surrender
    44  of  authority under section 1310 (Surrender of authority). The secretary
    45  of state shall continue as agent of the foreign  corporation  upon  whom
    46  process  against  it  may be served in the manner set forth in paragraph
    47  (b) of section 306 (Service  of  process),  in  any  action  or  special
    48  proceeding  based  upon  any  liability  or  obligation  incurred by the
    49  foreign corporation within this  state  prior  to  the  filing  of  such
    50  certificate,  order  or decree and he or she shall promptly cause a copy
    51  of any such process to be mailed by [registered] certified mail,  return
    52  receipt  requested,  to  such  foreign  corporation  at  the post office
    53  address on file in his or her office specified for  such  purpose  or  a
    54  notice  of  the  fact  that process against such foreign corporation has
    55  been served on him or her to be emailed to the  foreign  corporation  at
    56  the  email  address  on  file  in  his  or her office specified for such

        S. 2506--C                         96                         A. 3006--C
 
     1  purpose.  The post office address and/or email address may be changed by
     2  signing and delivering to the  department  of  state  a  certificate  of
     3  change  setting  forth  the  statements  required  under  section 1309-A
     4  (Certificate  of change; contents) to effect a change in the post office
     5  address and/or email address under subparagraph (a) [(4)] (7) or (10) of
     6  section 1308 (Amendments or changes).
     7    § 15. Subdivisions 2 and 3 of section 18 of the  general  associations
     8  law,  as  amended by chapter 13 of the laws of 1938, are amended to read
     9  as follows:
    10    2.  Every association doing business within this state shall  file  in
    11  the  department of state a certificate in its associate name, signed and
    12  acknowledged by its president, or a  vice-president,  or  secretary,  or
    13  treasurer,  or  managing director, or trustee, designating the secretary
    14  of state as an agent upon whom  process  in  any  action  or  proceeding
    15  against  the  association  may  be served within this state, and setting
    16  forth an address to which the secretary of state shall mail  a  copy  of
    17  any  process against the association which may be served upon him or her
    18  pursuant to law.  The association may include an email address to  which
    19  the  secretary  of  state  shall email a notice of the fact that process
    20  against it has been electronically served upon him or  her.  Annexed  to
    21  the  certificate  of  designation  shall be a statement, executed in the
    22  same manner as the certificate is required to  be  executed  under  this
    23  section, which shall set forth:
    24    (a)  the names and places of residence of its officers and trustees
    25    (b)  its principal place of business
    26    (c)    the  place where its office within this state is located and if
    27  such place be in a city, the location thereof by street  and  number  or
    28  other particular description.
    29    3. Any association, from time to time, may change the address to which
    30  the secretary of state is directed to mail copies of process or specify,
    31  change or delete the email address to which the secretary of state shall
    32  email a notice of the fact that process against the association has been
    33  electronically  served  upon  him  or her, by filing a statement to that
    34  effect, executed, signed and acknowledged in like manner  as  a  certif-
    35  icate of designation as herein provided.
    36    §  15-a.  The  general  associations  law  is  amended by adding a new
    37  section 18-a to read as follows:
    38    § 18-a. Electronic service of process. The secretary  of  state  shall
    39  advise  any association subject to the laws of this chapter in prominent
    40  written form as follows: (a) electronic service of process authorized by
    41  the provisions of this chapter is an optional program at  no  additional
    42  cost  to the user; (b) any association subject to the laws of this chap-
    43  ter will continue to receive service of  process  by  mail  unless  such
    44  association  notifies  the secretary of an affirmative choice to receive
    45  service of process by way of the program through  electronic  means,  in
    46  which  case  digital  copies will be made accessible but paper documents
    47  will not be mailed; and (c) such choice may be reversed by  the  associ-
    48  ation at any time and, thereafter, service by mail will resume.
    49    §  16. Section 19 of the general associations law, as amended by chap-
    50  ter 166 of the laws of 1991, is amended to read as follows:
    51    § 19. Service of process. Service of process  against  an  association
    52  upon  the secretary of state shall be made [by personally] in the manner
    53  provided by subdivision one or two of this  section.  Either  option  of
    54  service  authorized  pursuant  to  this section shall be available at no
    55  extra cost to the consumer.  (1) Personally delivering  to  and  leaving
    56  with  him  [or  a  deputy  secretary  of state or an associate attorney,

        S. 2506--C                         97                         A. 3006--C

     1  senior attorney or attorney in the corporation division of  the  depart-
     2  ment  of  state]  or her or with a person authorized by the secretary of
     3  state to receive such service, duplicate copies of such process  at  the
     4  office  of the department of state in the city of Albany. At the time of
     5  such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
     6  secretary  of  state which shall be a taxable disbursement. [If the cost
     7  of registered mail for transmitting a copy of the process  shall  exceed
     8  two dollars, an additional fee equal to such excess shall be paid at the
     9  time  of  the  service  of  such  process.] The secretary of state shall
    10  [forthwith] promptly send by [registered] certified  mail  one  of  such
    11  copies  to  the  association  at  the address fixed for that purpose, as
    12  herein provided.  (2) Electronically submitting a copy of the process to
    13  the department of state together with the statutory fee, which fee shall
    14  be a taxable disbursement, through an electronic system operated by  the
    15  department  of  state,  provided the association has an email address on
    16  file in the department of state to which the secretary  of  state  shall
    17  email  a  notice of the fact that process has been served electronically
    18  on the secretary of state. Service of process on such association  shall
    19  be  complete  when  the  secretary  of  state  has reviewed and accepted
    20  service of such process.  The secretary of state shall promptly  send  a
    21  notice of the fact that process against such association has been served
    22  electronically upon him or her, to such association at the email address
    23  on  file in the department of state, specified for the purpose and shall
    24  make a copy of the process available to such association. If the  action
    25  or  proceeding is instituted in a court of limited jurisdiction, service
    26  of process may be made in the manner provided in  this  section  if  the
    27  cause  of  action arose within the territorial jurisdiction of the court
    28  and the office of the defendant, as set forth  in  its  statement  filed
    29  pursuant to section eighteen of this chapter, is within such territorial
    30  jurisdiction.
    31    §  17.  Paragraph  4  of subdivision (e) of section 203 of the limited
    32  liability company law, as added by chapter 470 of the laws of  1997,  is
    33  amended to read as follows:
    34    (4)  a  designation  of the secretary of state as agent of the limited
    35  liability company upon whom process against it may  be  served  and  the
    36  post  office address within or without this state to which the secretary
    37  of state shall mail a copy of any process against the limited  liability
    38  company  served  upon  him  or  her.  The  limited liability company may
    39  include an email address to which the secretary of state shall  email  a
    40  notice  of  the  fact  that  process  against it has been electronically
    41  served upon him or her;
    42    § 18. Subdivision (d) of section 211 of the limited liability  company
    43  law is amended by adding a new paragraph 10 to read as follows:
    44    (10)  to  specify,  change  or  delete  the email address to which the
    45  secretary of state shall email a notice of the fact that process against
    46  the limited liability company has been electronically served upon him or
    47  her.
    48    § 19. Section 211-A of the limited liability company law, as added  by
    49  chapter 448 of the laws of 1998, is amended to read as follows:
    50    §  211-A.  Certificate  of change. (a) A limited liability company may
    51  amend its articles of organization from time to time to (i)  specify  or
    52  change  the  location  of  the  limited liability company's office; (ii)
    53  specify or change the post office address  to  which  the  secretary  of
    54  state  shall  mail  a  copy of any process against the limited liability
    55  company served upon him or her; [and] (iii) specify,  change  or  delete
    56  the  email  address to which the secretary of state shall email a notice

        S. 2506--C                         98                         A. 3006--C
 
     1  of the fact that process against the limited liability company has  been
     2  electronically  served  upon him or her; and (iv) make, revoke or change
     3  the designation of a registered agent, or specify or change the  address
     4  of  the  registered  agent.  Any  one or more such changes may be accom-
     5  plished by filing a  certificate  of  change  which  shall  be  entitled
     6  "Certificate  of  Change  of ....... (name of limited liability company)
     7  under section 211-A of the Limited Liability Company Law" and  shall  be
     8  signed and delivered to the department of state. It shall set forth:
     9    (1)  the  name  of  the  limited liability company, and if it has been
    10  changed, the name under which it was formed;
    11    (2) the date the articles of organization were filed by the department
    12  of state; and
    13    (3) each change effected thereby.
    14    (b) A certificate of change which changes only the post office address
    15  to which the secretary of state shall mail a copy of any process against
    16  a limited liability company served upon him or  her,  and/or  the  email
    17  address to which the secretary of state shall email a notice of the fact
    18  that  process  against it has been electronically served upon the secre-
    19  tary of state and/or the address of the registered agent, provided  such
    20  address  being  changed,  and/or  the email address being changed is the
    21  email address of a person, partnership or other corporation whose  email
    22  address, as agent, is the email address to be changed, is the address of
    23  a  person,  partnership  or  corporation whose address, as agent, is the
    24  address to be changed or who has been designated as registered agent for
    25  such limited liability company  may  be  signed  and  delivered  to  the
    26  department  of  state by such agent. The certificate of change shall set
    27  forth the statements required under subdivision  (a)  of  this  section;
    28  that  a notice of the proposed change was mailed to the domestic limited
    29  liability company by the party signing the  certificate  not  less  than
    30  thirty days prior to the date of delivery to the department of state and
    31  that  such  domestic limited liability company has not objected thereto;
    32  and that the party signing the certificate is the agent of such  limited
    33  liability company to whose address the secretary of state is required to
    34  mail copies of process, and/or the agent of the limited liability compa-
    35  ny  to  whose  email  address of the   secretary of state is required to
    36  email a notice of the fact that process against it  has  been  electron-
    37  ically  served  upon the secretary of state, or the registered agent, if
    38  such be the case. A certificate signed and delivered under this subdivi-
    39  sion shall not be deemed to effect a change of location of the office of
    40  the limited liability company in whose behalf such certificate is filed.
    41    § 20. Subdivision (c) of section 301 of the limited liability  company
    42  law is amended to read as follows:
    43    (c) Any designated post office address to which the secretary of state
    44  shall mail a copy of process served upon him or her as agent of a domes-
    45  tic  limited  liability  company  or a foreign limited liability company
    46  shall continue until the filing of a  certificate  or  other  instrument
    47  under  this  chapter  directing  the  mailing to a different post office
    48  address and any designated email address to which the secretary of state
    49  shall email a notice of the fact that process  has  been  electronically
    50  served  upon him or her as agent of a domestic limited liability company
    51  or foreign limited liability company, shall continue until the filing of
    52  a certificate or other instrument under this chapter changing or  delet-
    53  ing such email address.
    54    §  20-a.  The limited liability company law is amended by adding a new
    55  section 301-b to read as follows:

        S. 2506--C                         99                         A. 3006--C
 
     1    § 301-b. Electronic service of process. The secretary of  state  shall
     2  advise any limited liability company subject to the laws of this chapter
     3  in  prominent written form as follows: (a) electronic service of process
     4  authorized by the provisions of this chapter is an optional  program  at
     5  no  additional  cost  to  the  user;  (b)  any limited liability company
     6  subject to the laws of this chapter will continue to receive service  of
     7  process  by  mail  unless  such  limited  liability company notifies the
     8  secretary of an affirmative choice to receive service of process by  way
     9  of  the  program  through electronic means, in which case digital copies
    10  will be made accessible but paper documents will not be mailed; and  (c)
    11  such choice may be reversed by the limited liability company at any time
    12  and, thereafter, service by mail will resume.
    13    §  21. Subdivision (a) of section 303 of the limited liability company
    14  law, as relettered by chapter 341 of the laws of  1999,  is  amended  to
    15  read as follows:
    16    (a)  Service of process on the secretary of state as agent of a domes-
    17  tic limited liability company or authorized  foreign  limited  liability
    18  company  shall  be  made [by personally] in the manner provided by para-
    19  graph one or two of this subdivision.  Either option of service  author-
    20  ized pursuant to this subdivision shall be available at no extra cost to
    21  the  consumer.  (1) Personally delivering to and leaving with the secre-
    22  tary of state or his or her deputy, or with any person authorized by the
    23  secretary of state to receive such service, at the office of the depart-
    24  ment of state in the city of Albany, duplicate copies  of  such  process
    25  together  with the statutory fee, which fee shall be a taxable disburse-
    26  ment. Service of process on such  limited  liability  company  shall  be
    27  complete  when  the  secretary  of  state is so served. The secretary of
    28  state shall promptly send one of such copies by certified  mail,  return
    29  receipt  requested, to such limited liability company at the post office
    30  address on file in the department of state specified for  that  purpose.
    31  (2) Electronically submitting a copy of the process to the department of
    32  state  together  with  the  statutory  fee, which fee shall be a taxable
    33  disbursement, through an electronic system operated by the department of
    34  state, provided the domestic or  authorized  foreign  limited  liability
    35  company has an email address on file in the department of state to which
    36  the secretary of state shall email a notice of the fact that process has
    37  been served electronically on the secretary of state. Service of process
    38  on  such  limited liability company shall be complete when the secretary
    39  of state has reviewed and accepted service of such process.  The  secre-
    40  tary  of  state  shall  promptly  send a notice of the fact that process
    41  against such limited liability company has been served electronically on
    42  him or her to such limited liability company at  the  email  address  on
    43  file  in  the  department  of state, specified for the purpose and shall
    44  make a copy of the process available to such limited liability company.
    45    § 22. Subdivision (b) of section 304 of the limited liability  company
    46  law is amended to read as follows:
    47    (b)  Service of such process upon the secretary of state shall be made
    48  [by personally] in the manner provided by paragraph one or two  of  this
    49  subdivision. Either option of service authorized pursuant to this subdi-
    50  vision shall be available at no extra cost to the consumer.
    51    (1)  Personally  delivering to and leaving with the secretary of state
    52  or his or her deputy, or with any person authorized by the secretary  of
    53  state  to receive such service, at the office of the department of state
    54  in the city of Albany, a copy of such process together with the statuto-
    55  ry fee, which fee shall be a taxable disbursement.

        S. 2506--C                         100                        A. 3006--C
 
     1    (2) Electronically submitting a copy of the process to the  department
     2  of  state  together with the statutory fee, which fee shall be a taxable
     3  disbursement, through an electronic system operated by the department of
     4  state.
     5    §  23.  Paragraph  4  of subdivision (a) of section 802 of the limited
     6  liability company law, as amended by chapter 470 of the laws of 1997, is
     7  amended to read as follows:
     8    (4) a designation of the secretary of state as  its  agent  upon  whom
     9  process  against  it may be served and the post office address within or
    10  without this state to which the secretary of state shall mail a copy  of
    11  any  process  against  it  served upon him or her. The limited liability
    12  company may include an email address to which  the  secretary  of  state
    13  shall  email a notice of the fact that process against it has been elec-
    14  tronically served upon him or her;
    15    § 24. Section 804-A of the limited liability company law, as added  by
    16  chapter 448 of the laws of 1998, is amended to read as follows:
    17    § 804-A. Certificate of change. (a) A foreign limited liability compa-
    18  ny  may  amend  its  application  for authority from time to time to (i)
    19  specify or change  the  location  of  the  limited  liability  company's
    20  office;  (ii)  specify  or  change  the post office address to which the
    21  secretary of state shall mail a copy of any process against the  limited
    22  liability company served upon him or her; [and] (iii) specify, change or
    23  delete  the  email address to which the secretary of state shall email a
    24  notice of the fact that process against the  limited  liability  company
    25  has been electronically served upon him or her; and (iv) to make, revoke
    26  or change the designation of a registered agent, or to specify or change
    27  the  address  of a registered agent. Any one or more such changes may be
    28  accomplished by filing a certificate of change which shall  be  entitled
    29  "Certificate  of  Change of ........ (name of limited liability company)
    30  under section 804-A of the Limited Liability Company Law" and  shall  be
    31  signed and delivered to the department of state. It shall set forth:
    32    (1) the name of the foreign limited liability company and, if applica-
    33  ble, the fictitious name the limited liability company has agreed to use
    34  in this state pursuant to section eight hundred two of this article;
    35    (2) the date its application for authority was filed by the department
    36  of state; and
    37    (3) each change effected thereby,
    38    (b) A certificate of change which changes only the post office address
    39  to which the secretary of state shall mail a copy of any process against
    40  a  foreign  limited liability company served upon him or her, and/or the
    41  email address to which the secretary of state shall email  a  notice  of
    42  the fact that process against it has been electronically served upon the
    43  secretary of state, and/or the address of the registered agent, provided
    44  such  address  being  changed is the address of a person, partnership or
    45  corporation whose address, as agent,  is  the  address  to  be  changed,
    46  and/or the email address being changed is the email address of a person,
    47  partnership  or  other corporation whose email address, as agent, is the
    48  email address to be changed, or who has been  designated  as  registered
    49  agent  for such limited liability company may be signed and delivered to
    50  the department of state by such agent. The certificate of  change  shall
    51  set forth the statements required under subdivision (a) of this section;
    52  that  a  notice of the proposed change was mailed to the foreign limited
    53  liability company by the party signing the  certificate  not  less  than
    54  thirty days prior to the date of delivery to the department of state and
    55  that  such  foreign  limited liability company has not objected thereto;
    56  and that the party signing the certificate is the agent of such  foreign

        S. 2506--C                         101                        A. 3006--C
 
     1  limited  liability  company  to  whose address the secretary of state is
     2  required to mail copies of process, and/or the  agent  of  such  foreign
     3  limited  liability company to whose email address the secretary of state
     4  is  required  to  email a notice of the fact that process against it has
     5  been electronically served upon the secretary of state,  or  the  regis-
     6  tered  agent,  if  such  be the case. A certificate signed and delivered
     7  under this subdivision shall  not  be  deemed  to  effect  a  change  of
     8  location of the office of the foreign limited liability company in whose
     9  behalf such certificate is filed.
    10    §  25.  Paragraph  6  of subdivision (b) of section 806 of the limited
    11  liability company law is amended to read as follows:
    12    (6) a post office address within or without this state  to  which  the
    13  secretary  of  state  shall mail a copy of any process against it served
    14  upon him or her.  The limited liability company  may  include  an  email
    15  address to which the secretary of state shall email a notice of the fact
    16  that process against it has been electronically served upon him or her.
    17    §  26.  Section 807 of the limited liability company law is amended to
    18  read as follows:
    19    § 807. Termination of existence.  When  a  foreign  limited  liability
    20  company that has received a certificate of authority is dissolved or its
    21  authority  to  conduct its business or existence is otherwise terminated
    22  or canceled in the jurisdiction of its formation or  when  such  foreign
    23  limited  liability  company  is merged into or consolidated with another
    24  foreign limited liability company, (a) a certificate of the secretary of
    25  state or official performing  the  equivalent  function  as  to  limited
    26  liability  company  records  in the jurisdiction of organization of such
    27  limited liability company attesting to the occurrence of any such  event
    28  or  (b) a certified copy of an order or decree of a court of such juris-
    29  diction directing the dissolution  of  such  foreign  limited  liability
    30  company,  the  termination  of  its  existence  or  the surrender of its
    31  authority shall be delivered to the department of state. The  filing  of
    32  the  certificate,  order  or  decree  shall  have the same effect as the
    33  filing of a certificate of surrender of authority  under  section  eight
    34  hundred  six  of  this article. The secretary of state shall continue as
    35  agent of the foreign limited liability company upon whom process against
    36  it may be served in the manner set forth in article three of this  chap-
    37  ter,  in any action or proceeding based upon any liability or obligation
    38  incurred by the foreign limited  liability  company  within  this  state
    39  prior  to  the  filing  of  such  certificate, order or decree. The post
    40  office address and/or email address may be changed by  filing  with  the
    41  department  of  state  a  certificate  of  amendment under section eight
    42  hundred four of this article.
    43    § 27. Paragraph 11 of subdivision (a) of section 1003 of  the  limited
    44  liability company law, as amended by chapter 374 of the laws of 1998, is
    45  amended to read as follows:
    46    (11)  a  designation  of the secretary of state as its agent upon whom
    47  process against it may be served in the  manner  set  forth  in  article
    48  three  of  this  chapter in any action or special proceeding, and a post
    49  office address, within or without this state, to which the secretary  of
    50  state  shall  mail  a  copy  of any process served upon him or her.  The
    51  limited liability company may include an  email  address  to  which  the
    52  secretary of state shall email a notice of the fact that process against
    53  it  has  been  electronically  served  upon him or her. Such post office
    54  address or email address shall supersede any prior address designated as
    55  the address to which process shall be mailed or a notice emailed;

        S. 2506--C                         102                        A. 3006--C
 
     1    § 28. Paragraph 6 of subdivision (a) of section 1306  of  the  limited
     2  liability company law is amended to read as follows:
     3    (6)  a  designation  of  the secretary of state as its agent upon whom
     4  process against it may be served and the post office address  within  or
     5  without  this state to which the secretary of state shall mail a copy of
     6  any process against it served upon him or  her.  The  limited  liability
     7  company  may  include  an  email address to which the secretary of state
     8  shall email a notice of the fact that process against it has been  elec-
     9  tronically served upon him or her; and
    10    §  29.  Paragraph (d) of section 304 of the not-for-profit corporation
    11  law, as amended by chapter 358 of the laws of 2015, is amended  to  read
    12  as follows:
    13    (d) Any designated post-office address to which the secretary of state
    14  shall mail a copy of process served upon him or her as agent of a domes-
    15  tic  corporation  formed  under  article four of this chapter or foreign
    16  corporation, shall continue until the filing of a certificate  or  other
    17  instrument under this chapter directing the mailing to a different post-
    18  office  address  and any designated email address to which the secretary
    19  of state shall email a notice of the fact that process  has  been  elec-
    20  tronically  served upon him or her as agent of a domestic corporation or
    21  foreign corporation, shall continue until the filing of a certificate or
    22  other instrument under this  chapter  changing  or  deleting  the  email
    23  address.
    24    §  30.  Paragraph (b) of section 306 of the not-for-profit corporation
    25  law, as amended by chapter 23 of the laws of 2014, is amended to read as
    26  follows:
    27    (b) Service of process on the secretary of state as agent of a  domes-
    28  tic  corporation formed under article four of this chapter or an author-
    29  ized foreign corporation shall be made [by  personally]  in  the  manner
    30  provided  by  subparagraph  one or two of this paragraph. (1) Personally
    31  delivering to and leaving with the secretary of  state  or  his  or  her
    32  deputy,  or  with  any  person  authorized  by the secretary of state to
    33  receive such service, at the office of the department of  state  in  the
    34  city of Albany, duplicate copies of such process together with the stat-
    35  utory fee, which fee shall be a taxable disbursement. Service of process
    36  on  such corporation shall be complete when the secretary of state is so
    37  served.  The secretary of state shall promptly send one of  such  copies
    38  by certified mail, return receipt requested, to such corporation, at the
    39  post  office  address, on file in the department of state, specified for
    40  the purpose. If a domestic corporation formed under article four of this
    41  chapter or an authorized foreign corporation has no such address on file
    42  in the department of state, the secretary of state shall  so  mail  such
    43  copy  to such corporation at the address of its office within this state
    44  on file in the department.  (2) Electronically submitting a copy of  the
    45  process  to  the  department  of  state together with the statutory fee,
    46  which fee shall be a taxable disbursement, through an electronic  system
    47  operated by the department of state, provided the domestic or authorized
    48  foreign  corporation  has  an email address on file in the department of
    49  state to which the secretary of state shall email a notice of  the  fact
    50  that  process  has been served electronically on the secretary of state.
    51  Service of process on such corporation shall be complete when the secre-
    52  tary of state has reviewed and accepted service  of  such  process.  The
    53  secretary of state shall promptly send a notice of the fact that process
    54  against such corporation has been served electronically on him or her to
    55  such  corporation  at  the  email  address  on file in the department of

        S. 2506--C                         103                        A. 3006--C
 
     1  state, specified for the purpose and shall make a copy  of  the  process
     2  available to such corporation.
     3    §  30-a. The not-for-profit corporation law is amended by adding a new
     4  section 306-a to read as follows:
     5  § 306-a. Electronic service of process.
     6    The secretary shall advise any corporation subject to the laws of this
     7  chapter in prominent written form as follows: (a) electronic service  of
     8  process  authorized  by  the  provisions  of this chapter is an optional
     9  program at no additional cost to the user; (b) any  corporation  subject
    10  to  the laws of this chapter will continue to receive service of process
    11  by mail unless such corporation notifies the secretary of an affirmative
    12  choice to receive service of process by way of the program through elec-
    13  tronic means, in which case digital copies will be made  accessible  but
    14  paper  documents will not be mailed; and (c) such choice may be reversed
    15  by the corporation at any time and, thereafter,  service  by  mail  will
    16  resume.
    17    §  31.  Paragraph (b) of section 307 of the not-for-profit corporation
    18  law is amended to read as follows:
    19    (b) (1) Service of such process upon the secretary of state  shall  be
    20  made [by personally] in the manner provided by items (i) or (ii) of this
    21  subparagraph. Either option of service authorized pursuant to this para-
    22  graph  shall  be  available  at  no  extra  cost  to  the  consumer. (i)
    23  Personally delivering to and leaving with him or his deputy, or with any
    24  person authorized by the secretary of state to receive such service,  at
    25  the  office  of the department of state in the city of Albany, a copy of
    26  such process together with the statutory fee, which fee shall be a taxa-
    27  ble disbursement. [Such service] (ii) Electronically submitting  a  copy
    28  of  the  process  to the department of state together with the statutory
    29  fee, which fee shall be a taxable disbursement,  through  an  electronic
    30  system operated by the department of state.
    31    (2) Service under this paragraph shall be sufficient if notice thereof
    32  and a copy of the process are:
    33    [(1)]  (i)  Delivered  personally  without  this state to such foreign
    34  corporation by a person and in the manner authorized to serve process by
    35  law of the jurisdiction in which service is made, or
    36    [(2)] (ii) Sent by or on behalf  of  the  plaintiff  to  such  foreign
    37  corporation  by  registered  mail  with return receipt requested, at the
    38  post office address specified for the purpose  of  mailing  process,  on
    39  file in the department of state, or with any official or body performing
    40  the equivalent function, in the jurisdiction of its incorporation, or if
    41  no  such  address  is there specified, to its registered or other office
    42  there specified, or if no such office is there specified,  to  the  last
    43  address of such foreign corporation known to the plaintiff.
    44    §  32.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
    45  profit corporation law, as added by chapter 564 of the laws of 1981  and
    46  as  renumbered by chapter 132 of the laws of 1985, is amended to read as
    47  follows:
    48    (6) A designation of the secretary of state as  agent  of  the  corpo-
    49  ration  upon  whom  process against it may be served and the post office
    50  address within or without this state to which  the  secretary  of  state
    51  shall  mail a copy of any process against it served upon him or her. The
    52  corporation may include an email address to which the secretary of state
    53  shall email a notice of the fact that process against it has been  elec-
    54  tronically served upon him or her.
    55    §  33.  Paragraph (b) of section 801 of the not-for-profit corporation
    56  law is amended by adding a new paragraph 10 to read as follows:

        S. 2506--C                         104                        A. 3006--C
 
     1    (10) To specify, change or delete  the  email  address  to  which  the
     2  secretary  of state shall email a notice that process against the corpo-
     3  ration has been electronically served upon him or her.
     4    §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
     5  law is amended by adding a new paragraph 4 to read as follows:
     6    (4) To specify, change or delete the email address to which the secre-
     7  tary of state shall email a notice of the fact that process against  the
     8  corporation has been electronically served upon him or her.
     9    §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
    10  profit corporation law, as amended by chapter 23 of the laws of 2014, is
    11  amended to read as follows:
    12    (6) A designation of the secretary of state as  agent  of  the  corpo-
    13  ration  upon  whom  process against it may be served and the post office
    14  address within or without this state to which  the  secretary  of  state
    15  shall  mail  a copy of any process against it served upon the secretary.
    16  The corporation may include an email address to which the  secretary  of
    17  state  shall email a notice of the fact that process against it has been
    18  electronically served upon him or her.
    19    § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
    20  law, as amended by chapter 172 of the laws of 1999, is amended  to  read
    21  as follows:
    22    (b) A certificate of change which changes only the post office address
    23  to which the secretary of state shall mail a copy of any process against
    24  the  corporation  served  upon  him  or her, and/or the email address to
    25  which the secretary of state shall email a notice of the fact that proc-
    26  ess against it has been electronically  served  upon  the  secretary  of
    27  state, and/or the address of the registered agent, provided such address
    28  being  changed  is  the address of a person, partnership or other corpo-
    29  ration whose address, as agent, is  the  address  to  be  changed  [or],
    30  and/or the email address being changed is the email address of a person,
    31  partnership  or other corporation, whose email address, as agent, is the
    32  email address to be changed, and/or who has been  designated  as  regis-
    33  tered  agent  for  such  corporation, may be signed and delivered to the
    34  department of state by such agent. The certificate of change  shall  set
    35  forth  the  statements  required under subparagraphs (1), (2) and (3) of
    36  paragraph (a) of this section; that a notice of the proposed change  was
    37  mailed  to the corporation by the party signing the certificate not less
    38  than thirty days prior to the date of delivery  to  the  department  and
    39  that such corporation has not objected thereto; and that the party sign-
    40  ing  the  certificate  is the agent of such corporation to whose address
    41  the secretary of state is required to mail copies of any process against
    42  the corporation served upon him or her, and/or the agent of  the  corpo-
    43  ration  to whose the email address the secretary of state is required to
    44  email a notice of the fact that process against the corporation has been
    45  electronically served upon him or her, and/or the registered  agent,  if
    46  such  be  the  case. A certificate signed and delivered under this para-
    47  graph shall not be deemed to effect a change of location of  the  office
    48  of the corporation in whose behalf such certificate is filed.
    49    §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
    50  law, as amended by chapter 172 of the laws of 1999, is amended and a new
    51  subparagraph 4 is added to paragraph (a) to read as follows:
    52    (4) To specify, change or delete the email address to which the secre-
    53  tary of state shall email a notice of the fact that process against  the
    54  corporation has been electronically served upon him or her.
    55    (c) A certificate of change of application for authority which changes
    56  only  the post office address to which the secretary of state shall mail

        S. 2506--C                         105                        A. 3006--C
 
     1  a copy of any process against an authorized foreign  corporation  served
     2  upon him or her, the email address to which the secretary of state shall
     3  email  a  notice  of the fact that process against it has been electron-
     4  ically  served  upon  the  secretary  of  state and/or which changes the
     5  address of its registered agent, provided such address is the address of
     6  a person, partnership or other corporation whose address, as  agent,  is
     7  the address to be changed, and/or the email address being changed is the
     8  email  address of a person, partnership or other corporation whose email
     9  address, as agent, is the email address to be changed, or who  has  been
    10  designated  as registered agent for such authorized foreign corporation,
    11  may be signed and delivered to the department of state  by  such  agent.
    12  The  certificate  of change of application for authority shall set forth
    13  the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
    14  paragraph  (b) of this section; that a notice of the proposed change was
    15  mailed by the party signing the certificate to  the  authorized  foreign
    16  corporation  not  less than thirty days prior to the date of delivery to
    17  the department and that such corporation has not objected  thereto;  and
    18  that  the  party  signing  the  certificate is the agent of such foreign
    19  corporation to whose address the secretary of state is required to  mail
    20  copies  of process [or], and/or the agent of such foreign corporation to
    21  whose email address the secretary of state is required to email a notice
    22  of the fact that process against it has been electronically served  upon
    23  the  secretary  of  state,  and/or  the registered agent, if such be the
    24  case. A certificate signed and delivered under this paragraph shall  not
    25  be  deemed  to  effect  a change of location of the office of the corpo-
    26  ration in whose behalf such certificate is filed.
    27    § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
    28  profit corporation law is amended to read as follows:
    29    (6)  A  post  office address within or without this state to which the
    30  secretary of state shall mail a copy of any process  against  it  served
    31  upon  him  or her. The corporation may include an email address to which
    32  the secretary of state shall email a notice of  the  fact  that  process
    33  against it has been electronically served upon him or her.
    34    §  39.  Section 1312 of the not-for-profit corporation law, as amended
    35  by chapter 375 of the laws of 1998, is amended to read as follows:
    36  § 1312. Termination of existence.
    37    When an authorized foreign corporation is dissolved or  its  authority
    38  or existence is otherwise terminated or cancelled in the jurisdiction of
    39  its  incorporation  or  when  such foreign corporation is merged into or
    40  consolidated with another foreign  corporation,  a  certificate  of  the
    41  secretary of state, or official performing the equivalent function as to
    42  corporate  records, of the jurisdiction of incorporation of such foreign
    43  corporation attesting to the occurrence of any such event or a certified
    44  copy of an order or decree of a court of such jurisdiction directing the
    45  dissolution of such foreign corporation, the termination of  its  exist-
    46  ence  or  the  cancellation  of  its authority shall be delivered to the
    47  department of state.  The filing of the  certificate,  order  or  decree
    48  shall  have  the same effect as the filing of a certificate of surrender
    49  of authority under section 1311 (Surrender of authority).  The secretary
    50  of state shall continue as agent of the foreign  corporation  upon  whom
    51  process  against  it  may be served in the manner set forth in paragraph
    52  (b) of section 306 (Service  of  process),  in  any  action  or  special
    53  proceeding  based  upon  any  liability  or  obligation  incurred by the
    54  foreign corporation within this  state  prior  to  the  filing  of  such
    55  certificate,  order  or decree and he shall promptly cause a copy of any
    56  such process to be mailed by [registered] certified mail, return receipt

        S. 2506--C                         106                        A. 3006--C
 
     1  requested, to such foreign corporation at the  post  office  address  on
     2  file  in his or her office specified for such purpose or a notice of the
     3  fact that process against the corporation has been served on him or  her
     4  to be emailed to the foreign corporation at the email address on file in
     5  his  or  her office specified for such purpose.  The post office address
     6  and/or email address may be changed by signing  and  delivering  to  the
     7  department of state a certificate of change setting forth the statements
     8  required  under  section  1310  (Certificate  of change[,]; contents) to
     9  effect a change in the post office address and/or  email  address  under
    10  subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
    11    §  40.  Subdivision  (c) of section 121-104 of the partnership law, as
    12  added by chapter 950 of the laws of 1990, is amended to read as follows:
    13    (c) Any designated post office address to which the secretary of state
    14  shall mail a copy of process served upon him  as  agent  of  a  domestic
    15  limited  partnership or foreign limited partnership shall continue until
    16  the filing of a certificate  or  other  instrument  under  this  article
    17  directing  the mailing to a different post office address and any desig-
    18  nated email address to which the secretary of state shall email a notice
    19  of the fact that process against such domestic  limited  partnership  or
    20  foreign  limited  partnership has been electronically served upon him or
    21  her as agent of a domestic limited partnership or foreign limited  part-
    22  nership,  shall  continue  until  the  filing  of a certificate or other
    23  instrument under this chapter changing or deleting the email address.
    24    § 41. Subdivision (a) and the opening paragraph of subdivision (b)  of
    25  section  121-109  of the partnership law, as added by chapter 950 of the
    26  laws of 1990 and as relettered by chapter 341 of the laws of  1999,  are
    27  amended to read as follows:
    28    (a)  Service of process on the secretary of state as agent of a domes-
    29  tic  or  authorized  foreign  limited  partnership  shall  be  made  [as
    30  follows:]  in the manner provided by paragraph one or two of this subdi-
    31  vision. Either option of service authorized pursuant to this subdivision
    32  shall be available at no extra cost to the consumer.
    33    (1) By personally delivering to and leaving with him or her or his  or
    34  her  deputy,  or with any person authorized by the secretary of state to
    35  receive such service, at the office of the department of  state  in  the
    36  city of Albany, duplicate copies of such process together with the stat-
    37  utory fee, which fee shall be a taxable disbursement.
    38    [(2)]  The  service  on  the  limited partnership is complete when the
    39  secretary of state is so served.
    40    [(3)] The secretary of state shall promptly send one of such copies by
    41  certified mail, return receipt requested, addressed to the limited part-
    42  nership at the post office address, on file in the department of  state,
    43  specified for that purpose.
    44    (2)  Electronically submitting a copy of the process to the department
    45  of state together with the statutory fee, which fee shall be  a  taxable
    46  disbursement, through an electronic system operated by the department of
    47  state,  provided  the domestic or authorized foreign limited partnership
    48  has an email address on file in the department of  state  to  which  the
    49  secretary  of  state  shall  email a notice of the fact that process has
    50  been served electronically on the secretary of state as  agent  of  such
    51  domestic  or  authorized foreign limited partnership. Service of process
    52  on such limited partnership or authorized  foreign  limited  partnership
    53  shall  be complete when the secretary of state has reviewed and accepted
    54  service of such process. The secretary of state shall  promptly  send  a
    55  notice of the fact that process has been served to such limited partner-
    56  ship  at the email address on file in the department of state, specified

        S. 2506--C                         107                        A. 3006--C
 
     1  for the purpose and shall make a copy of the process available  to  such
     2  limited partnership or authorized foreign limited partnership.
     3    In  any  case  in  which  a  non-domiciliary  would  be subject to the
     4  personal or other jurisdiction of the courts of this state under article
     5  three of the civil practice law and rules, a foreign limited partnership
     6  not authorized to do business in this state is subject to a like  juris-
     7  diction. In any such case, process against such foreign limited partner-
     8  ship  may be served upon the secretary of state as its agent. Such proc-
     9  ess may issue in any court in this  state  having  jurisdiction  of  the
    10  subject matter.  Service of process upon the secretary of state shall be
    11  made  [by  personally] in the manner provided by paragraph one or two of
    12  this subdivision. Either option of service authorized pursuant  to  this
    13  paragraph  shall  be  available  at  no extra cost to the consumer.  (1)
    14  Personally delivering to and leaving with him or his deputy, or with any
    15  person authorized by the secretary of state to receive such service,  at
    16  the  office  of the department of state in the city of Albany, a copy of
    17  such process together with the statutory fee, which fee shall be a taxa-
    18  ble disbursement.  (2) Electronically submitting a copy of  the  process
    19  to  the  department  of state together with the statutory fee, which fee
    20  shall be a taxable disbursement, through an electronic  system  operated
    21  by  the  department of state. Such service shall be sufficient if notice
    22  thereof and a copy of the process are:
    23    § 41-a. The partnership  law  is  amended  by  adding  a  new  section
    24  121-109-a to read as follows:
    25    §  121-109-a.  Electronic  service  of process. The secretary of state
    26  shall advise any partnership subject to the  laws  of  this  article  in
    27  prominent  written  form  as  follows: (a) electronic service of process
    28  authorized by the provisions of this chapter is an optional  program  at
    29  no  additional cost to the user; (b) any partnership subject to the laws
    30  of this chapter will continue to receive  service  of  process  by  mail
    31  unless  such partnership notifies the secretary of an affirmative choice
    32  to receive service of process by way of the program  through  electronic
    33  means,  in  which  case digital copies will be made accessible but paper
    34  documents will not be mailed; and (c) such choice may be reversed by the
    35  partnership at any time and, thereafter, service by mail will resume.
    36    § 42. Paragraph 3 of subdivision (a) of section 121-201 of  the  part-
    37  nership  law,  as amended by chapter 264 of the laws of 1991, is amended
    38  to read as follows:
    39    (3) a designation of the secretary of state as agent  of  the  limited
    40  partnership  upon  whom  process  against  it may be served and the post
    41  office address within or without this state to which  the  secretary  of
    42  state  shall  mail  a  copy of any process against it served upon him or
    43  her. The limited partnership may include an email address to  which  the
    44  secretary of state shall email a notice of the fact that process against
    45  it has been electronically served upon him or her;
    46    §  43.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
    47  nership law, as amended by chapter 576 of the laws of 1994,  is  amended
    48  to read as follows:
    49    (4)  a  change  in the name of the limited partnership, or a change in
    50  the post office address to which the secretary of  state  shall  mail  a
    51  copy  of  any  process  against the limited partnership served on him or
    52  her, a change in the email address to which the secretary of state shall
    53  email a notice of the fact that process against the limited  partnership
    54  has  been electronically served upon him or her, or a change in the name
    55  or address of the registered agent, if such change is  made  other  than
    56  pursuant to section 121-104 or 121-105 of this article.

        S. 2506--C                         108                        A. 3006--C
 
     1    §  44. The opening paragraph of subdivision (a) and subdivision (b) of
     2  section 121-202-A of the partnership law, as added by chapter 448 of the
     3  laws of 1998, are amended to read as follows:
     4    A certificate of limited partnership may be changed by filing with the
     5  department  of  state  a  certificate of change entitled "Certificate of
     6  Change of ..... (name of limited partnership) under Section 121-202-A of
     7  the Revised Limited Partnership Act" and shall be signed  and  delivered
     8  to  the  department of state. A certificate of change may (i) specify or
     9  change the location of the limited partnership's office; (ii) specify or
    10  change the post office address to which the  secretary  of  state  shall
    11  mail  a copy of process against the limited partnership served upon him;
    12  [and] (iii) specify, change or delete the email  address  to  which  the
    13  secretary of state shall email a notice of the fact that process against
    14  the  limited partnership has been electronically served upon him or her;
    15  and (iv) make, revoke or change the designation of a  registered  agent,
    16  or  to  specify  or change the address of its registered agent. It shall
    17  set forth:
    18    (b) A certificate of change which changes only the post office address
    19  to which the secretary of state shall mail a copy of any process against
    20  a limited partnership served upon him or   her,  the  email  address  to
    21  which the secretary of state shall email a notice of the fact that proc-
    22  ess  against  it  has  been  electronically served upon the secretary of
    23  state, and/or the address of the registered agent, provided such address
    24  being changed is the address of a  person,  partnership  or  corporation
    25  whose  address, as agent, is the address to be changed, and/or the email
    26  address being changed is the email address of a person,  partnership  or
    27  other corporation whose email address, as agent, is the email address to
    28  be  changed,  or  who  has  been designated as registered agent for such
    29  limited partnership shall be signed and delivered to the  department  of
    30  state  by  such  agent.  The  certificate  of change shall set forth the
    31  statements required under subdivision (a) of this section; that a notice
    32  of the proposed change was mailed to the domestic limited partnership by
    33  the party signing the certificate not less than thirty days prior to the
    34  date of delivery to the department  of  state  and  that  such  domestic
    35  limited partnership has not objected thereto; and that the party signing
    36  the  certificate  is  the  agent  of  such  limited partnership to whose
    37  address the secretary of state is required to  mail  copies  of  process
    38  [or],  and/or the agent to whose email address the secretary of state is
    39  required to email a notice of the fact that process against it has  been
    40  electronically served upon the secretary of state, and/or the registered
    41  agent,  if  such  be  the case. A certificate signed and delivered under
    42  this subdivision shall not be deemed to effect a change of  location  of
    43  the  office  of the limited partnership in whose behalf such certificate
    44  is filed.
    45    § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
    46  nership  law,  as amended by chapter 172 of the laws of 1999, is amended
    47  to read as follows:
    48    (4) a designation of the secretary of state as  its  agent  upon  whom
    49  process  against  it may be served and the post office address within or
    50  without this state to which the secretary of state shall mail a copy  of
    51  any  process against it served upon him  or her. The limited partnership
    52  may include an email address to which the secretary of state shall email
    53  a notice of the fact that process against  it  has  been  electronically
    54  served upon him or her;

        S. 2506--C                         109                        A. 3006--C

     1    §  46. The opening paragraph of subdivision (a) and subdivision (b) of
     2  section 121-903-A of the partnership law, as added by chapter 448 of the
     3  laws of 1998, are amended to read as follows:
     4    A foreign limited partnership may change its application for authority
     5  by  filing with the department of state a certificate of change entitled
     6  "Certificate of Change of ........ (name of limited  partnership)  under
     7  Section  121-903-A  of the Revised Limited Partnership Act" and shall be
     8  signed and delivered to the department of state. A certificate of change
     9  may (i) change the location of the limited  partnership's  office;  (ii)
    10  change  the  post  office  address to which the secretary of state shall
    11  mail a copy of process against the limited partnership served upon  him;
    12  [and]  (iii)    specify, change or delete the email address to which the
    13  secretary of state shall email a notice of the fact that process against
    14  the limited partnership has been electronically served upon him or  her;
    15  and  (iv)  make, revoke or change the designation of a registered agent,
    16  or to specify or change the address of its registered  agent.  It  shall
    17  set forth:
    18    (b) A certificate of change which changes only the post office address
    19  to which the secretary of state shall mail a copy of any process against
    20  a  foreign  limited partnership served upon him or her, and/or the email
    21  address to which the secretary of state shall email a notice of the fact
    22  that process against it has been electronically served upon  the  secre-
    23  tary of state, and/or the address of the registered agent, provided such
    24  address  being changed is the address of a person, partnership or corpo-
    25  ration whose address, as agent, is the address to be changed, and/or the
    26  email address being changed is the email address of a  person,  partner-
    27  ship  or  other  corporation whose email address, as agent, is the email
    28  address to be changed, or who has been designated  as  registered  agent
    29  for  such  foreign  limited partnership shall be signed and delivered to
    30  the department of state by such agent. The certificate of  change  shall
    31  set forth the statements required under subdivision (a) of this section;
    32  that  a  notice of the proposed change was mailed to the foreign limited
    33  partnership by the party signing the certificate not  less  than  thirty
    34  days  prior  to the date of delivery to the department of state and that
    35  such foreign limited partnership has not objected thereto; and that  the
    36  party signing the certificate is the agent of such foreign limited part-
    37  nership  to  whose  address  the  secretary of state is required to mail
    38  copies of process [or], the email address of the party  to  whose  email
    39  address  the secretary of state is required to mail a notice of the fact
    40  that process against it has been electronically served upon  the  secre-
    41  tary  of  state  and/or  the  registered  agent,  if such be the case. A
    42  certificate signed and delivered under this  subdivision  shall  not  be
    43  deemed to effect a change of location of the office of the limited part-
    44  nership in whose behalf such certificate is filed.
    45    §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
    46  nership law, as added by chapter 950 of the laws of 1990, is amended  to
    47  read as follows:
    48    (6)  a  post  office address within or without this state to which the
    49  secretary of state shall mail a copy of any process  against  it  served
    50  upon him or her. The limited partnership may include an email address to
    51  which the secretary of state shall email a notice of the fact that proc-
    52  ess against it has been electronically served upon him or her.
    53    §  48.  Section  121-906 of the partnership law, as amended by chapter
    54  172 of the laws of 1999, is amended to read as follows:
    55    § 121-906. Termination of existence. When a foreign  limited  partner-
    56  ship  which  has received a certificate of authority is dissolved or its

        S. 2506--C                         110                        A. 3006--C

     1  authority to conduct its business or existence is  otherwise  terminated
     2  or  cancelled  in  the  jurisdiction  of  its  organization or when such
     3  foreign limited partnership is merged into or consolidated with  another
     4  foreign  limited  partnership,  (i)  a  certificate  of the secretary of
     5  state, or official performing the  equivalent  function  as  to  limited
     6  partnership records, in the jurisdiction of organization of such limited
     7  partnership  attesting  to  the  occurrence of any such event, or (ii) a
     8  certified copy of an order or decree of a  court  of  such  jurisdiction
     9  directing  the  dissolution  of  such  foreign  limited partnership, the
    10  termination of its existence or the surrender of its authority, shall be
    11  delivered to the department of state. The  filing  of  the  certificate,
    12  order  or  decree  shall have the same effect as the filing of a certif-
    13  icate of surrender of authority under section 121-905 of  this  article.
    14  The  secretary  of  state shall continue as agent of the foreign limited
    15  partnership upon whom process against it may be served in the manner set
    16  forth in section 121-109 of this article, in any  action  or  proceeding
    17  based  upon  any liability or obligation incurred by the foreign limited
    18  partnership within this state prior to the filing of  such  certificate,
    19  order  or  decree.  The  post office address and/or email address may be
    20  changed by filing with the department of state a certificate  of  amend-
    21  ment  under  section  121-903  or  a certificate of change under section
    22  121-903-A of this article.
    23    § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the  part-
    24  nership  law, as added by chapter 950 of the laws of 1990, is amended to
    25  read as follows:
    26    (7) A designation of the secretary of state as  its  agent  upon  whom
    27  process  against  it  may  be  served in the manner set forth in section
    28  121-109 of this article in any action or special proceeding, and a  post
    29  office  address, within or without this state, to which the secretary of
    30  state shall mail a copy of any process  served  upon  him  or  her.  The
    31  limited  partnership may include an email address to which the secretary
    32  of state shall email a notice of the fact that process  against  it  has
    33  been  electronically served upon him or her. Such post office address or
    34  email address shall  supersede  any  prior  address  designated  as  the
    35  address to which process shall be mailed or a notice emailed.
    36    §  50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi-
    37  sion (j-1) of section 121-1500 of the partnership law, paragraph (I)  of
    38  subdivision  (a)  as  amended  by chapter 643 of the laws of 1995 and as
    39  redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
    40  added by chapter 448 of the  laws  of  1998,  are  amended  to  read  as
    41  follows:
    42    (4)  a  designation of the secretary of state as agent of the partner-
    43  ship without limited partners upon whom process against it may be served
    44  and the post office address within or without this state  to  which  the
    45  secretary of state shall mail a copy of any process against it or served
    46  upon  it.  The partnership without limited partners may include an email
    47  address to which the secretary of state shall email a notice of the fact
    48  that process against it has been electronically served upon him or her;
    49    (j-1) A certificate of change  which  changes  only  the  post  office
    50  address to which the secretary of state shall mail a copy of any process
    51  against  a  registered  limited liability partnership served upon him or
    52  her, and/or the email address to which  the  secretary  of  state  shall
    53  email  a  notice  of the fact that process against it has been electron-
    54  ically served upon the secretary of state, and/or  the  address  of  the
    55  registered  agent, provided such address being changed is the address of
    56  a person, partnership or corporation whose address,  as  agent,  is  the

        S. 2506--C                         111                        A. 3006--C
 
     1  address  to  be  changed [or], and/or the email address being changed is
     2  the email address of a person, partnership or  other  corporation  whose
     3  email  address, as agent, is the email address to be changed, and/or who
     4  has  been  designated  as  registered  agent for such registered limited
     5  liability partnership shall be signed and delivered to the department of
     6  state by such agent. The certificate of change shall set forth: (i)  the
     7  name of the registered limited liability partnership and, if it has been
     8  changed,  the  name under which it was originally filed with the depart-
     9  ment of state; (ii) the date of filing of its  initial  registration  or
    10  notice statement; (iii) each change effected thereby; (iv) that a notice
    11  of  the  proposed change was mailed to the limited liability partnership
    12  by the party signing the certificate not less than thirty days prior  to
    13  the  date  of  delivery to the department of state and that such limited
    14  liability partnership has not objected thereto; and (v) that  the  party
    15  signing  the certificate is the agent of such limited liability partner-
    16  ship to whose address the secretary of state is required to mail  copies
    17  of process [or], and/or to whose email address the secretary of state is
    18  required  to  mail a notice of the fact that process against it has been
    19  electronically served upon the secretary of state, and/or the registered
    20  agent, if such be the case. A certificate  signed  and  delivered  under
    21  this  subdivision  shall not be deemed to effect a change of location of
    22  the office of the limited liability partnership  in  whose  behalf  such
    23  certificate  is filed. The certificate of change shall be accompanied by
    24  a fee of five dollars.
    25    § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
    26  section  121-1502  of  the partnership law, paragraph (v) of subdivision
    27  (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
    28  as  added  by  chapter  448  of the laws of 1998, are amended to read as
    29  follows:
    30    (v) a designation of the secretary of state as agent  of  the  foreign
    31  limited liability partnership upon whom process against it may be served
    32  and  the  post  office address within or without this state to which the
    33  secretary of state shall mail a copy of any process against it or served
    34  upon it. The foreign limited liability partnership may include an  email
    35  address to which the secretary of state shall email a notice of the fact
    36  that process against it has been electronically served upon him or her;
    37    (i-1)  A  certificate  of  change  which  changes only the post office
    38  address to which the secretary of state shall mail a copy of any process
    39  against a New York  registered  foreign  limited  liability  partnership
    40  served  upon him or her, and/or the email address to which the secretary
    41  of state shall email a notice of the fact that process  against  it  has
    42  been  electronically  served  upon  the  secretary  of state, and/or the
    43  address of the registered agent, provided such address being changed  is
    44  the  address  of  a person, partnership or corporation whose address, as
    45  agent, is the address to be changed [or], and/or the email address being
    46  changed is the email address of a person, partnership  or  other  corpo-
    47  ration  whose  email  address,  as  agent,  is  the  email address to be
    48  changed, and/or who has been designated  as  registered  agent  of  such
    49  registered  foreign  limited  liability  partnership shall be signed and
    50  delivered to the department of state by such agent. The  certificate  of
    51  change  shall set forth: (i) the name of the New York registered foreign
    52  limited liability partnership; (ii) the date of filing  of  its  initial
    53  registration  or  notice  statement; (iii) each change effected thereby;
    54  (iv) that a notice of the proposed change  was  mailed  to  the  limited
    55  liability partnership by the party signing the certificate not less than
    56  thirty days prior to the date of delivery to the department of state and

        S. 2506--C                         112                        A. 3006--C
 
     1  that  such  limited  liability partnership has not objected thereto; and
     2  (v) that the party signing the certificate is the agent of such  limited
     3  liability  partnership  to  whose  address  the  secretary  of  state is
     4  required  to  mail copies of process [or], and/or to whose email address
     5  the secretary of state is required to mail a notice  of  the  fact  that
     6  process  against it has been electronically served upon the secretary of
     7  state, and/or the registered agent, if such be the case.  A  certificate
     8  signed  and  delivered  under  this  subdivision  shall not be deemed to
     9  effect a change of location of the office of the limited liability part-
    10  nership in whose behalf such certificate is filed.  The  certificate  of
    11  change shall be accompanied by a fee of five dollars.
    12    §  52.  Subdivision (a) of section 121-1505 of the partnership law, as
    13  added by chapter 470 of the laws of 1997, is amended to read as follows:
    14    (a) Service of process on the secretary of state as agent of a  regis-
    15  tered  limited  liability  partnership  or  New  York registered foreign
    16  limited liability partnership under  this  article  shall  be  made  [by
    17  personally]  in  the  manner  provided  by  paragraph one or two of this
    18  subdivision.   Either option of  service  authorized  pursuant  to  this
    19  subdivision  shall  be  available at no extra cost to the consumer.  (1)
    20  Personally delivering to and leaving with the secretary of  state  or  a
    21  deputy,  or  with  any  person  authorized  by the secretary of state to
    22  receive such service, at the office of the department of  state  in  the
    23  city of Albany, duplicate copies of such process together with the stat-
    24  utory fee, which fee shall be a taxable disbursement. Service of process
    25  on  such registered limited liability partnership shall be complete when
    26  the secretary of state is  so  served.  The  secretary  of  state  shall
    27  promptly  send  one  of  such  copies  by certified mail, return receipt
    28  requested, to such registered limited liability partnership, at the post
    29  office address on file in the department of  state  specified  for  such
    30  purpose.  (2)  Electronically  submitting  a  copy of the process to the
    31  department of state together with the statutory fee, which fee shall  be
    32  a  taxable  disbursement,  through  an electronic system operated by the
    33  department of state, provided the registered limited liability  partner-
    34  ship or New York registered foreign limited liability partnership has an
    35  email  address on file in the department of state to which the secretary
    36  of state shall email a notice of the  fact  that  process  against  such
    37  registered  limited liability partnership or New York registered foreign
    38  limited liability partnership served has been electronically  served  on
    39  the  secretary  of  state. Service of process on such registered limited
    40  liability partnership or New York registered foreign  limited  liability
    41  partnership  shall  be complete when the secretary of state has reviewed
    42  and accepted service of such  process.  The  secretary  of  state  shall
    43  promptly  send a notice of the fact that process against such registered
    44  limited liability partnership or New  York  registered  foreign  limited
    45  liability partnership has been served electronically upon him or her, to
    46  such  registered  limited  liability  partnership or New York registered
    47  foreign limited liability partnership at the email address  on  file  in
    48  the department of state, specified for the purpose and shall make a copy
    49  of  the  process available to such registered limited liability partner-
    50  ship or New York registered foreign limited liability partnership.
    51    § 52-a. The partnership  law  is  amended  by  adding  a  new  section
    52  121-1505-a to read as follows:
    53    §  121-1505-a.  Electronic  service of process. The secretary of state
    54  shall advise any partnership subject to the  laws  of  this  article  in
    55  prominent  written  form  as  follows: (a) electronic service of process
    56  authorized by the provisions of this chapter is an optional  program  at

        S. 2506--C                         113                        A. 3006--C
 
     1  no  additional cost to the user; (b) any partnership subject to the laws
     2  of this chapter will continue to receive  service  of  process  by  mail
     3  unless  such partnership notifies the secretary of an affirmative choice
     4  to  receive  service of process by way of the program through electronic
     5  means, in which case digital copies will be made  accessible  but  paper
     6  documents will not be mailed; and (c) such choice may be reversed by the
     7  partnership at any time and, thereafter, service by mail will resume.
     8    §  53.  Subdivision  7  of  section 339-n of the real property law, as
     9  amended by chapter 346 of the laws  of  1997,  is  amended  to  read  as
    10  follows:
    11    7. A designation of the secretary of state as agent of the corporation
    12  or  board of managers upon whom process against it may be served and the
    13  post office address within or without this state to which the  secretary
    14  of  state shall mail a copy of any process against it served upon him or
    15  her. The designation may include an email address to which the secretary
    16  of state shall email a notice of the fact that process  against  it  has
    17  been  electronically  served  upon him or her. Service of process on the
    18  secretary of state as agent of such corporation  or  board  of  managers
    19  shall  be  made  [personally] in the manner provided by paragraph (a) or
    20  (b) of this subdivision.  Either option of service  authorized  pursuant
    21  to this subdivision shall be available at no extra cost to the consumer.
    22  (a)  Personally  delivering to and leaving with him or her or his or her
    23  deputy, or with any person authorized  by  the  secretary  of  state  to
    24  receive  such  service,  at the office of the department of state in the
    25  city of Albany, duplicate copies of such process together with the stat-
    26  utory fee, which shall be a taxable disbursement. Service of process  on
    27  such  corporation or board of managers shall be complete when the secre-
    28  tary of state is so served. The secretary of state shall  promptly  send
    29  one  of such copies by certified mail, return receipt requested, to such
    30  corporation or board of managers, at the post office address, on file in
    31  the department of state, specified for such purpose. (b)  Electronically
    32  submitting  a  copy  of  the process to the department of state together
    33  with the statutory fee, which  fee  shall  be  a  taxable  disbursement,
    34  through  an  electronic  system  operated  by  the  department of state,
    35  provided the corporation or board of managers has an  email  address  on
    36  file  in  the  department of state to which the secretary of state shall
    37  email a notice of the fact that process against the corporation or board
    38  of managers has been served electronically on the  secretary  of  state.
    39  Service  of  process  on  such corporation or board of managers shall be
    40  complete when the secretary of state has reviewed and  accepted  service
    41  of  such  process.  The secretary of state shall promptly send notice of
    42  the fact that process has been served electronically on the secretary of
    43  state to such corporation or board of managers at the email  address  on
    44  file  in  the  department  of state, specified for the purpose and shall
    45  make a copy of the process available to such  corporation  or  board  of
    46  managers.  Nothing  in  this subdivision shall affect the right to serve
    47  process in any other manner permitted by law.  The corporation or  board
    48  of  managers  shall  also  file with the secretary of state the name and
    49  post office address within or without this state to which the  secretary
    50  of  state  shall  mail  a copy of any process against it served upon the
    51  secretary of state and shall update the filing as necessary.
    52    § 54. This act shall take effect January 1, 2023.
 
    53                                   PART LL

        S. 2506--C                         114                        A. 3006--C
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "community violence intervention act".
     3    §  2. The executive law is amended by adding a new section 636 to read
     4  as follows:
     5    § 636. Community violence intervention act. 1.  Legislative  findings.
     6  The  legislature  hereby  finds and declares that gun violence and other
     7  forms of violence constitute a crisis that poses a serious threat to the
     8  health and quality of life of all residents of the state of New York. An
     9  epidemic of violence is tearing at the fabric  of  life  in  many  urban
    10  areas.  The  legislature  further  finds  that funds from the Victims of
    11  Crime Act should be used to support hospital based violence intervention
    12  programs and community based violence intervention programs.
    13    2. Community violence intervention grants.  The office shall  dedicate
    14  ten  percent  or  more  of  the  total  funding received per award cycle
    15  pursuant to the federal Victims of Crime Act of 1984 to support:
    16    (a) "community-based violence intervention programs" which shall  mean
    17  a  violence  intervention program that is: (i) a nonprofit organization;
    18  and (ii) provides intensive  counseling,  case  management,  and  social
    19  services  to individuals who are recovering from injuries resulting from
    20  violence or who were witness to acts of violence;
    21    (b) "hospital-based violence intervention programs" which shall mean a
    22  violence intervention program that is:  (i) operated by:  (A)  a  public
    23  hospital;  or (B) a nonprofit or government entity in collaboration with
    24  a public or not-for-profit hospital; and (ii) provides  intensive  coun-
    25  seling,  case  management,  and  social  services to individuals who are
    26  recovering from injuries resulting from violence or who were witness  to
    27  acts of violence.
    28    3. The office shall promulgate guidance relating to community violence
    29  intervention  for  hospital-based  violence  intervention  programs  and
    30  community-based violence intervention programs.
    31    (a) This guidance shall be designed to promote:
    32    (i) alternative funding sources other than the state, including  local
    33  government  and  private  sources  as  well  as funding from the federal
    34  Victims of Crime Act of 1984;
    35    (ii) coordination of public and private efforts to aid individuals who
    36  are recovering  from  injuries  resulting  from  violence  or  who  were
    37  witnesses to acts of violence; and
    38    (iii)  long range development of services to victims of violent crimes
    39  in the community.
    40    (b) This guidance shall also provide for:
    41    (i) clearly defined and measurable objectives intended to  demonstrate
    42  that  a  program  is developed and evaluated through scientific research
    43  and data  collection  with  measurable  evidence  of  positive  outcomes
    44  related to violence intervention;
    45    (ii)  a  description of how the nonprofit organization proposes to use
    46  the funding to:
    47    (A)  establish  or  enhance  community-based   violence   intervention
    48  programs;
    49    (B)  enhance  coordination of existing violence intervention programs,
    50  if any, to minimize duplication of services; and
    51    (C) plan for the collection of relevant data; and
    52    (iii) outreach to the community and  education  and  training  of  law
    53  enforcement and other criminal justice officials to the needs of victims
    54  of  violent  crimes  in the community, to perpetrators of violent crimes
    55  and to witnesses of violent crimes involved in criminal prosecutions.

        S. 2506--C                         115                        A. 3006--C
 
     1    4. To the extent practicable, the office shall make efforts to  inform
     2  community-based violence intervention programs and hospital-based inter-
     3  vention programs about anticipated awards.
     4    § 3. This act shall take effect immediately.
 
     5                                   PART MM
 
     6    Section  1.  Short  title. This act shall be known and may be cited as
     7  the "comprehensive broadband connectivity act".
     8    § 2.  The public service law is amended by adding a new section  224-c
     9  to read as follows:
    10    §  224-c.  Broadband  and fiber optic services. 1. For the purposes of
    11  this section:
    12    (a) The term "served" means any location with at  least  two  internet
    13  service  providers  and  at  least  one  such provider offers high-speed
    14  internet service.
    15    (b) The term "underserved" means any location which has fewer than two
    16  internet service providers, or has internet speeds of at least 25  mega-
    17  bits  per  second (mbps) download but less than 100 mbps download avail-
    18  able.
    19    (c) The term "unserved" means any location which has no fixed wireless
    20  service or wired service with speeds  of  less  than  25  mbps  download
    21  available.
    22    (d)  The  term "high-speed internet service" means internet service of
    23  at least 100 mbps download and at least 10 mbps upload.
    24    (e) The term "broadband  service"  shall  mean  a  mass-market  retail
    25  service  that  provides  the  capability to transmit data to and receive
    26  data from all or substantially all internet endpoints,  including    any
    27  capabilities  that  are  incidental  to  and enable the operation of the
    28  communications service, but shall not include dial-up service.
    29    (f) The term "location" shall mean a geographic area  smaller  than  a
    30  census tract.
    31    (g)  The term "internet service provider" shall mean any person, busi-
    32  ness  or  organization  qualified  to  do  business  in  this state that
    33  provides individuals, corporations, or other entities with  the  ability
    34  to connect to the internet.
    35    2.  The commission shall study the availability, reliability, and cost
    36  of high-speed internet and broadband services in  New  York  state.  The
    37  commission shall, to the extent practicable:
    38    (a)  identify  areas at a census block level that are served by a sole
    39  provider and assess any state regulatory and statutory barriers  related
    40  to  the  delivery of comprehensive statewide access to high-speed inter-
    41  net;
    42    (b) review  available  technology  to  identify  solutions  that  best
    43  support  high-speed  internet  service in underserved or unserved areas,
    44  and make recommendations on ensuring deployment of  such  technology  in
    45  underserved and unserved areas;
    46    (c) identify instances during the study period where local governments
    47  have  notified  the  commission of alleged non-compliance with franchise
    48  agreements and instances of commission or department enforcement actions
    49  that have had a direct impact on internet access;
    50    (d) identify locations where insufficient access to high-speed  inter-
    51  net and/or broadband service, and/or persistent digital divide, is caus-
    52  ing negative social or economic impact on the community; and
    53    (e) produce and publish on its website, a detailed internet access map
    54  of  the  state,  indicating access to internet service by location. Such

        S. 2506--C                         116                        A. 3006--C

     1  map shall include, but not be limited to, the following information  for
     2  each location:
     3    (i) download and upload speeds advertised and experienced;
     4    (ii)  the  consistency  and  reliability of download and upload speeds
     5  including latency;
     6    (iii) the types of internet service and technologies available includ-
     7  ing but not limited to dial-up, broadband,  wireless,  fiber,  coax,  or
     8  satellite;
     9    (iv)  the number of internet service providers available, the price of
    10  internet service available; and
    11    (v) any other factors the commission may deem relevant.
    12    3. The commission shall submit a report of its findings and  recommen-
    13  dations  from  the study required in subdivision two of this section, to
    14  the governor, the temporary president of the senate and the  speaker  of
    15  the  assembly  no  later  than one year after the effective date of this
    16  section, and an updated report annually thereafter.  Such  report  shall
    17  include, but not be limited to, the following, to the extent such infor-
    18  mation is available:
    19    (a)  the overall number of residences with access to high-speed inter-
    20  net identifying which areas are served, unserved and underserved;
    21    (b) a regional survey of internet  service  prices  in  comparison  to
    22  county-level median income;
    23    (c) any relevant consumer subscription statistics;
    24    (d)  any  other  metrics or analyses the commission deems necessary in
    25  order to assess the availability,  cost,  and  reliability  of  internet
    26  service in New York state; and
    27    (e) the map maintained pursuant to paragraph (e) of subdivision two of
    28  this section.
    29    4. The commission shall hold at least one public hearing in an upstate
    30  region  and  one  in a downstate region within one year of the effective
    31  date of this section, to solicit input from the public and other  stake-
    32  holders  including  but not limited to internet service providers, tele-
    33  communications concerns, labor organizations,  public  safety  organiza-
    34  tions,  healthcare,  education,  agricultural  and  other  businesses or
    35  organizations.
    36    5.  To effectuate the purposes of this  section,  the  commission  may
    37  request  and shall receive from any department, division, board, bureau,
    38  commission or other agency of the state or any  state  public  authority
    39  such  assistance,  information and data as will enable the commission to
    40  carry out its powers and  duties  under  this  section.    Additionally,
    41  internet  service  providers  shall  provide  any  information  and data
    42  requested by the commission that is related to the study required  under
    43  this section.
    44    §  3.  This  act shall take effect on the thirtieth day after it shall
    45  have become a law.
 
    46                                   PART NN
 
    47    Section 1.   The general business law  is  amended  by  adding  a  new
    48  section 399-zzzzz to read as follows:
    49    §  399-zzzzz.  Broadband  service for low-income consumers. 1. For the
    50  purposes of this section, the term  "broadband  service"  shall  mean  a
    51  mass-market retail service that provides the capability to transmit data
    52  to  and  receive  data from all or substantially all internet endpoints,
    53  including any capabilities that are incidental to and enable the  opera-
    54  tion  of  the communications service provided by a wireline, fixed wire-

        S. 2506--C                         117                        A. 3006--C
 
     1  less or satellite  service  provider,  but  shall  not  include  dial-up
     2  service.
     3    2.  Every  person, business, corporation, or their agents providing or
     4  seeking to provide  wireline,  fixed  wireless  or  satellite  broadband
     5  service  in  New  York  state  shall, no later than sixty days after the
     6  effective date of this section, offer high speed  broadband  service  to
     7  low-income  consumers  whose  household:  (a)  is  eligible  for free or
     8  reduced-priced lunch through the National School Lunch Program;  or  (b)
     9  is  eligible  for,  or  receiving  the supplemental nutrition assistance
    10  program benefits; or (c) is eligible for, or  receiving  Medicaid  bene-
    11  fits;  or  (d)  is  eligible  for,  or  enrolled  in senior citizen rent
    12  increase exemption; or (e) is eligible for, or  enrolled  in  disability
    13  rent increase exemption; or (f) is a recipient of an affordability bene-
    14  fit  from  a  utility. Such low-income broadband service shall provide a
    15  minimum download speed equal to the greater of twenty-five megabits  per
    16  second  download  speed or the download speed of the provider's existing
    17  low-income broadband service sold to customers in the state  subject  to
    18  exceptions  adopted by the Public Service Commission where such download
    19  speed is not reasonably practicable.
    20    3. Broadband service for low-income consumers, as set  forth  in  this
    21  section, shall be provided at a cost of no more than fifteen dollars per
    22  month,  inclusive  of  any  recurring  taxes  and fees such as recurring
    23  rental fees for service provider equipment required to obtain  broadband
    24  service  and usage fees. Broadband service providers shall allow low-in-
    25  come broadband service subscribers to  purchase  standalone  or  bundled
    26  cable and/or phone services separately. Broadband service providers may,
    27  once  every  five  years, and after thirty days' notice to its customers
    28  and the department of public service, increase the price of this service
    29  by the lesser of the most recent change in the consumer price index or a
    30  maximum of two percent per year of the price for such service.
    31    4. A broadband service provider who  offers  a  high  speed  broadband
    32  service to eligible low-income customers, as such term is used in subdi-
    33  vision  two of this section, at a download speed of two hundred megabits
    34  per second or greater at a cost of  no  more  than  twenty  dollars  per
    35  month,  inclusive  of  any  recurring  taxes  and fees such as recurring
    36  rental fees for service provider equipment required to obtain  broadband
    37  service and usage fees, shall be considered to be in compliance with the
    38  requirements of subdivisions two and three of this section. Such provid-
    39  ers  may,  once  every  two  years, and after thirty days' notice to its
    40  customers and the department of public service, increase  the  price  of
    41  such  service  by  the  lesser of the most recent change in the consumer
    42  price index or a maximum of two percent per year of the price  for  such
    43  service.
    44    5.  The  requirements  of  subdivisions  two and three of this section
    45  shall not apply to any broadband service provider providing  service  to
    46  no  more  than twenty thousand households, if the public service commis-
    47  sion determines that compliance with such requirements would  result  in
    48  unreasonable  or unsustainable financial impact on the broadband service
    49  provider.
    50    6. Any contract or agreement for broadband service targeted to low-in-
    51  come consumers provided by an entity described  in  subdivision  two  of
    52  this section, pursuant to this section or otherwise, shall have the same
    53  terms  and  conditions,  other than price and speed set pursuant to this
    54  section, as for the  regularly  priced  offerings  for  similar  service
    55  provided by such entity.

        S. 2506--C                         118                        A. 3006--C

     1    7.  Every  person, business, corporation, or their agents providing or
     2  seeking to provide broadband service in New York state  shall  make  all
     3  commercially reasonable efforts to promote and advertise the availabili-
     4  ty  of  broadband  service  for  low-income consumers including, but not
     5  limited  to,  the  prominent  display of, and enrollment procedures for,
     6  such service on its website and in any  written  and  commercial  promo-
     7  tional  materials  developed to inform consumers who may be eligible for
     8  service pursuant to this section.
     9    8. Every person, business, corporation, or their agents  providing  or
    10  seeking  to  provide  broadband service in New York state shall annually
    11  submit to the department of  public  service,  no  later  than  November
    12  fifteenth after the effective date of this act, and annually thereafter,
    13  a  compliance  report  setting  forth:  (a) a description of the service
    14  offered pursuant to this section; (b) the number of  consumers  enrolled
    15  in such service; (c) a description of the procedures being used to veri-
    16  fy   the   eligibility  of  customers  receiving  such  service;  (d)  a
    17  description and samples of the advertising or marketing  efforts  under-
    18  taken  to  advertise  or  promote such service; (e) a description of all
    19  retail rate products, including pricing, offered by such  person,  busi-
    20  ness,  corporation,  or their agents; (f) a description, including speed
    21  and price, of all broadband products offered in the state of  New  York;
    22  (g)  a description of the number of customers in arrears for the payment
    23  for broadband service, percentage of customers in arrears  that  qualify
    24  for low-income broadband service, the number of households that have had
    25  their  service  terminated  as  a  result  of non-payment, the number of
    26  customers whose service was terminated for arrears arising from non-pay-
    27  ment for services other than broadband service, and the number of house-
    28  holds that have their broadband service restored after being  delinquent
    29  on  their  payments;  and  such  other  information as the department of
    30  public service may require.
    31    9. The department of public service shall, within  two  years  of  the
    32  effective date of this section and at least every five years thereafter,
    33  undertake  a  proceeding  to determine if the minimum broadband download
    34  speed in this section should be increased to the federal  communications
    35  commission's  benchmark  broadband download speed, or to another minimum
    36  broadband download speed if the federal  communications  commission  has
    37  not  increased  its  benchmark  by such date.   The department of public
    38  service shall also: (a) undertake appropriate  measures  to  inform  the
    39  public about available broadband products, including retail rate product
    40  offerings  and  low-income  offerings; and (b) periodically, but no less
    41  than once every five years,  review  eligibility  requirements  for  the
    42  low-income  service  required  pursuant to this section, and update such
    43  requirements as may be necessary to meet the needs of consumers.
    44    10. Whenever there shall be a violation of this section,  an  applica-
    45  tion  may  be  made by the attorney general in the name of the people of
    46  the state of New York to a court or justice  having  jurisdiction  by  a
    47  special  proceeding  to  issue  an  injunction,  and  upon notice to the
    48  defendant of not less than five days, to enjoin and restrain the contin-
    49  uance of such violation; and if it shall appear to the  satisfaction  of
    50  the  court  or  justice  that  the defendant has, in fact, violated this
    51  section, an injunction may be issued by the court or justice,  enjoining
    52  and restraining any further violations, without requiring proof that any
    53  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    54  proceeding, the court may make allowances to  the  attorney  general  as
    55  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    56  hundred three of the civil practice law and rules, and  direct  restitu-

        S. 2506--C                         119                        A. 3006--C
 
     1  tion.  Whenever  the  court  shall  determine  that  a violation of this
     2  section has occurred, the court may impose a civil penalty of  not  more
     3  than  one  thousand  dollars  per violation. In connection with any such
     4  proposed  application,  the attorney general is authorized to take proof
     5  and make a determination of the relevant facts and to issue subpoenas in
     6  accordance with the civil practice law and rules.
     7    § 2. This act shall take effect immediately.
 
     8                                   PART OO
 
     9    Section 1. Section 106 of the  social  services  law,  as  amended  by
    10  section  1  of  part  S of chapter 56 of the laws of 2014, is amended to
    11  read as follows:
    12    § 106. Powers of social services official to receive and dispose of  a
    13  deed,  mortgage,  or lien. 1. A social services official responsible, by
    14  or pursuant to any provision of this chapter, for the administration  of
    15  assistance  [or  care]  granted  or applied for [may] shall not accept a
    16  deed of real property and/or a mortgage thereon on behalf of the  social
    17  services  district  for  the assistance [and care] of a person at public
    18  expense [but such property shall not be considered  as  public  property
    19  and  shall  remain  on  the tax rolls and such deed or mortgage shall be
    20  subject to redemption as provided in paragraph (a)  of  subdivision  six
    21  hereof].
    22    2.  [A  social  services  official  may not assert any claim under any
    23  provision of this section to recover]  (a)  Notwithstanding  subdivision
    24  one  of  this section, if, prior to the effective date of the chapter of
    25  the laws of two thousand twenty-one that amended this section, a  social
    26  services  official accepted a deed of real property and/or a mortgage on
    27  behalf of the social services district for the assistance of a person at
    28  public expense, such social services official shall not assert any claim
    29  under any provision of this section to recover:
    30    (1) payments made as part of Supplemental Nutrition Assistance Program
    31  (SNAP), child care services, Emergency Assistance to Adults or the  Home
    32  Energy Assistance Program (HEAP)[.
    33    3.  A  social  services  official  may  not assert any claim under any
    34  provision of this section to recover];
    35    (2) payments of public assistance if such payments were reimbursed  by
    36  child support collections[.
    37    4.  A  social  services  official  may  not assert any claim under any
    38  provision of this section to recover];
    39    (3) payments of public assistance unless, before [it has  accepted]  a
    40  deed  or  mortgage was accepted from an applicant or recipient, [it has]
    41  the official first received a signed acknowledgment from  the  applicant
    42  or recipient acknowledging that:
    43    [(a)]  A.  benefits provided as part of Supplemental Nutrition Assist-
    44  ance Program (SNAP), child care services, Emergency Assistance to Adults
    45  or the Home Energy Assistance Program (HEAP) may not be included as part
    46  of the recovery to be made under the mortgage or lien; and
    47    [(b)] B. if the applicant or recipient declines to provide the lien or
    48  mortgage the children in the household shall remain eligible for  public
    49  assistance.
    50    [5. (a)] (b) Such property shall not be considered public property and
    51  shall remain on the tax rolls and such deed or mortgage shall be subject
    52  to  redemption  as provided in subparagraph one of paragraph (d) of this
    53  subdivision.

        S. 2506--C                         120                        A. 3006--C
 
     1    (c) (1) Until a deed, mortgage, or lien, accepted prior to [or  after]
     2  the  effective  date  of  this  [act,] section is satisfied or otherwise
     3  disposed of, the social services district shall issue and  mail  to  the
     4  last  known  address  of the person [giving] who gave such deed or mort-
     5  gage,  or  his  or  her  estate  or  those  entitled thereto, a biennial
     6  accounting of the public assistance incurred and repairs and taxes  paid
     7  on  property. The social services district shall provide such accounting
     8  no later than February first, two thousand sixteen and biennially there-
     9  after.
    10    [(b)] (2) Such accounting shall include information regarding the debt
    11  owed as of the end of the district's most recent fiscal year  including,
    12  but not limited to:
    13    [(1)]  A.  an  enumeration  of  all  public assistance incurred by the
    14  person [giving] who gave such deed or mortgage or his or  her  household
    15  to date;
    16    [(2)] B. the current amount of recoverable public assistance under the
    17  deed or mortgage;
    18    [(3)] C. the amount of any credits against public assistance including
    19  but not limited to:
    20    [A.]  (i)  the  amount  of child support collected and retained by the
    21  social services district as reimbursement for public assistance;
    22    [B.] (ii) recoveries made under  section  one  hundred  four  of  this
    23  title;
    24    [C.]  (iii)  recoveries made under section one hundred thirty-one-r of
    25  this chapter.
    26    [(4)] D. Said accounting shall also provide information regarding  the
    27  manner  in which payments may be made to the social services district to
    28  reduce the amount of the mortgage or lien.
    29    [(c)] (3) In the event that a biennial accounting is  not  issued  and
    30  mailed  to  the  last known address of the person [giving] who gave such
    31  deed or mortgage or his or her estate or those entitled thereto,  within
    32  the time period required in [paragraph (a) of this subdivision] subpara-
    33  graph  one  of this paragraph, no public assistance shall be recoverable
    34  under this section for the previous two fiscal years. In the event  that
    35  a biennial accounting is not issued and mailed to the last known address
    36  of  the  person  [giving]  who  gave such deed or mortgage or his or her
    37  estate or those entitled thereto, within the  time  period  required  in
    38  [paragraph  (a) of this subdivision] subparagraph one of this paragraph,
    39  and such person has received no recoverable  public  assistance  in  the
    40  district's most recent fiscal year, no public assistance shall be recov-
    41  erable  under  this  section  for the most recent two fiscal years where
    42  public assistance remains recoverable.
    43    [6. (a) (1)] (d) (1) A. Until  such  property  or  mortgage  is  sold,
    44  assigned  or foreclosed pursuant to law by the social services official,
    45  the person [giving] who gave such deed or mortgage, or his or her estate
    46  or those entitled thereto, may redeem the same by  the  payment  of  all
    47  expenses  incurred  for  the  support of the person, and for repairs and
    48  taxes paid on such property, provided, however, that a  social  services
    49  official  may  enter into a contract for such redemption, subject to the
    50  provisions of this [paragraph] subparagraph, and containing  such  terms
    51  and  conditions,  including  provisions  for  periodic payments, without
    52  interest, for an amount less than the full  expenses  incurred  for  the
    53  support  of  the  person and for repairs and taxes paid on such property
    54  (hereinafter called a "lesser sum"), which lesser sum shall in no  event
    55  be less than the difference between the appraised value of such property
    56  and the total of the then unpaid principal balance of any recorded mort-

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     1  gages and the unpaid balance of sums secured by other liens against such
     2  property.
     3    [(2)]  B.  In  the  case  of a redemption for a lesser sum, the social
     4  services official shall obtain (i) an appraisal of  the  current  market
     5  value  of such property, by an appraiser acceptable to both parties, and
     6  (ii) a statement of the principal balance of any recorded  mortgages  or
     7  other  liens  against  such  property (excluding the debt secured by the
     8  deed, mortgage or lien of the social services  official).  Any  expenses
     9  incurred  pursuant to this [paragraph] subparagraph shall be audited and
    10  allowed in the same manner as other official expenses.
    11    [(3)] C. Every  redemption  contract  for  any  lesser  sum  shall  be
    12  approved  by  the  department upon an application by the social services
    13  official containing the appraisal and statement  required  by  [subpara-
    14  graph  two]  clause  B  of  this subparagraph, a statement by the social
    15  services official of his or her reasons for entering into  the  contract
    16  for such lesser sum and any other information required by regulations of
    17  the department.
    18    [(4)]  D. So long as the terms of the approved redemption contract are
    19  performed, no public sale of such property shall be held.
    20    [(5)] E. The redemption for a lesser sum shall reduce the claim of the
    21  social services official against the recipient on the  implied  contract
    22  under  section  one  hundred  four  of this [chapter] title or under any
    23  other law, to the extent of all sums paid in redemption.
    24    [(b)] (2) In order to allow  a  minimum  period  for  redemption,  the
    25  social  services  official shall not sell the property or mortgage until
    26  after the expiration of one year from the date he or  she  received  the
    27  deed or mortgage, but if unoccupied property has not been redeemed with-
    28  in  six  months  from the date of death of the person who conveyed it to
    29  him or her by deed the social  services  official  may  thereafter,  and
    30  before the expiration of such year, sell the property.
    31    [(c)] (3) Except as otherwise provided in this chapter, upon the death
    32  of  the  person or his or her receiving institutional care, if the mort-
    33  gage has not been redeemed, sold or assigned, the social services  offi-
    34  cial  may enforce collection of the mortgage debt in the manner provided
    35  for the foreclosure of mortgages by action.
    36    [(d)](4) Provided the department shall  have  given  its  approval  in
    37  writing,  the  social services official may, when in his or her judgment
    38  it is advisable and in the public interest, release a part of the  prop-
    39  erty  from  the lien of the mortgage to permit, and in consideration of,
    40  the sale of such part by the owner and the application of  the  proceeds
    41  to reduce said mortgage or to satisfy and discharge or reduce a prior or
    42  superior mortgage.
    43    [(e)](5)  While  real  property covered by a deed or mortgage is occu-
    44  pied, in whole or in part, by an aged,  blind  or  disabled  person  who
    45  executed  such  deed or mortgage to the social services official for old
    46  age assistance, assistance to the blind or aid to the  disabled  granted
    47  to  such person before January first, nineteen hundred seventy-four, the
    48  social services official shall  not  sell  the  property  or  assign  or
    49  enforce  the mortgage unless it appears reasonably certain that the sale
    50  or other disposition of  the  property  will  not  materially  adversely
    51  affect  the  welfare  of  such person. After the death of such person no
    52  claim for assistance granted him or her shall be  enforced  against  any
    53  real property while it is occupied by the surviving spouse.
    54    [(f)](6)  Except as otherwise provided, upon the death of a person who
    55  executed a lien to the social services official in return  for  old  age
    56  assistance, assistance to the blind or aid to the disabled granted prior

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     1  to  January first, nineteen hundred seventy-four, or before the death of
     2  such person if it appears reasonably certain  that  the  sale  or  other
     3  disposition  of  the  property  will not materially adversely affect the
     4  welfare  of  such  person, the social services official may enforce such
     5  lien in the manner provided by article three of the lien law. After  the
     6  death  of such person the lien may not be enforced against real property
     7  while it is occupied by the surviving spouse.
     8    [7.](e) The sale of any parcel of real property or  mortgage  on  real
     9  property  by  the social services official, under the provisions of this
    10  section, shall be made at a public sale, held at least two  weeks  after
    11  notice thereof shall have been published in a newspaper having a general
    12  circulation  in that section of the county in which the real property is
    13  located. Such notice shall specify the time and  place  of  such  public
    14  sale  and  shall contain a brief description of the premises to be sold,
    15  or upon which the mortgage is a lien, as the case may be. Unless in  the
    16  judgment  of  the  social  services  official, it shall be in the public
    17  interest to reject all bids, such parcel or mortgage shall  be  sold  to
    18  the highest responsible bidder.
    19    [8.](f) It is permissible for social services officials to subordinate
    20  a  mortgage  taken on behalf of the social services district pursuant to
    21  this section. In the event that a social services official determines to
    22  subordinate a mortgage, or lien, he or she shall  do  so  within  thirty
    23  days  of  receipt  of written notice that the mortgagor is attempting to
    24  modify their mortgage that is held by a  mortgagee  with  superior  lien
    25  rights  and  subordination of the social services district's mortgage is
    26  required by such mortgagee in order for it to approve  or  complete  the
    27  modification.
    28    §  2.  Section 360 of the social services law, as added by chapter 722
    29  of the laws of 1951, subdivisions 1 and 3 as amended by  section  92  of
    30  part  B  of chapter 436 of the laws of 1997, subdivision 2 as amended by
    31  chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter
    32  803 of the laws of 1959, is amended to read as follows:
    33    § 360.  Real property of legally  responsible  relatives[;  deeds  and
    34  mortgages  may be required].  [1.]  The ownership of real property by an
    35  applicant or applicants, recipient or recipients who is or  are  legally
    36  responsible  relatives  of  the  child or children for whose benefit the
    37  application is made or the aid is granted,  whether  such  ownership  be
    38  individual  or  joint  as  tenants in common, tenants by the entirety or
    39  joint tenants, shall not preclude the granting of family  assistance  or
    40  the continuance thereof if he or they are without the necessary funds to
    41  maintain  himself,  herself  or  themselves  and such child or children.
    42  [The social services official may, however, require, as a  condition  to
    43  the  granting of aid or the continuance thereof, that he or she be given
    44  a deed of or  a  mortgage  on  such  property  in  accordance  with  the
    45  provisions of section one hundred six.
    46    2.    However,  while  the property covered by the deed or mortgage is
    47  occupied, in whole or in part, by the responsible relative who gave such
    48  deed or mortgage to the social services official  or,  by  a  child  for
    49  whose benefit the aid was granted the social services official shall not
    50  sell  the property or assign or enforce the mortgage without the written
    51  consent of the department; and, when the property is  occupied  by  such
    52  child,  such  consent  shall  not  be given unless it appears reasonably
    53  certain that the sale or other disposition  of  the  property  will  not
    54  materially adversely affect the welfare of such child.
    55    3.    The  net amount recovered by the social services department from
    56  such property, less any expenditures approved by the department for  the

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     1  burial  of  the  relative  or the child who dies while in receipt of aid
     2  under this title, shall be used to repay the social  services  district,
     3  the  state  and  the federal government their proportionate share of the
     4  cost of family assistance granted.  The state and federal share shall be
     5  paid  by  the  social  services district to the state and the manner and
     6  amount of such payment shall be determined in accordance with the  regu-
     7  lations of the department.
     8    4.  If any balance remains it shall belong to the estate of the legal-
     9  ly  responsible  relative  or  relatives and the public welfare district
    10  shall forthwith credit the same accordingly, and, provided they claim it
    11  within four years thereafter, pay it to the  persons  entitled  thereto.
    12  If not so claimed within four years it shall be deemed abandoned proper-
    13  ty  and  be  paid  to the state comptroller pursuant to section thirteen
    14  hundred five of the abandoned property law.
    15    5.  The proceeds or moneys due the United  States  shall  be  paid  or
    16  reported in such manner and at such times as the federal security agency
    17  or other authorized federal agency may direct.]
    18    §  3. This act shall take effect on the first of April next succeeding
    19  the date on which it shall have become a law.
    20    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    21  sion, section or part of this act shall be  adjudged  by  any  court  of
    22  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    23  impair, or invalidate the remainder thereof, but shall  be  confined  in
    24  its  operation  to the clause, sentence, paragraph, subdivision, section
    25  or part thereof directly involved in the controversy in which such judg-
    26  ment shall have been rendered. It is hereby declared to be the intent of
    27  the legislature that this act would  have  been  enacted  even  if  such
    28  invalid provisions had not been included herein.
    29    §  3.  This  act shall take effect immediately provided, however, that
    30  the applicable effective date of Parts A through OO of this act shall be
    31  as specifically set forth in the last section of such Parts.
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