S 2006-B BUDGET Same as Uni.

A 3006-B
Budget
Budget Article VII (Internal # 7 - 2015)
NOT ON FILE
TITLE....Enacts into law major components of
legislation necessary to implement the state
education, labor, housing and family assistance
budget for the 2015-2016 state fiscal year
01/21/15 REFERRED TO FINANCE
03/31/15 AMEND AND RECOMMIT TO
FINANCE
03/31/15 PRINT NUMBER 2006A
03/31/15 AMEND AND RECOMMIT TO
FINANCE
03/31/15 PRINT NUMBER 2006B

A3006-B Budget Same as Uni. S 2006-B

BUDGET
Budget Article VII (Internal # 7 - 2015)
Budget Bills
TITLE....Amends various provisions of law
relating to implementing the education, labor,
housing, and family assistance budget for the
2013-2014 state fiscal year
01/21/15referred to ways and means
03/31/15amend (t) and recommit to ways and
means
03/31/15print number 3006a
03/31/15amend (t) and recommit to ways and
means
03/31/15print number 3006b

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BUDGET BILL
Amd Various Laws, generally
Relates to computation of school aid; to contracts for excellence, apportionment of school aid, the
teachers of tomorrow teacher recruitment and retention program and waivers from certain duties;
relates to moneys appropriated from the commercial gaming revenue fund; relates to grants for school
bus driver training; relates to certain salary expenses; relates to magnet schools; relates to restrictions
on library aid; extends provisions of certain chapters relating to education; prohibits state
reimbursement or subsidies for adoptions for children placed outside the state of New York;
implements provisions required by the federal preventing sex trafficking and strengthening families
act; amends the education law in relation to streamlining higher education program approvals for
SUNY and CUNY; creates the New York state get on your feet loan forgiveness program; relates to
eligibility requirements and conditions governing general awards, academic performance awards and
student loans; eligibility requirements for assistance under the higher education opportunity programs
and the collegiate science and technology entry program; the definition of "resident"; financial aid
opportunities for students of the state university of New York, the city university of New York and
community colleges; and the program requirements for the New York state college choice tuition
savings program; repeals subdivision 3 of section 661 of the education law; enacts the "education tax
credit act"; establishes the education tax credit program to authorize public schools and public school
districts to issue certificates of receipts for qualified contributions; creates the education tax credit;
creates a standard financial aid award letter; authorizes the superintendent of financial services to
implement any necessary regulations; relates to certified public accountants; relates to the
implementation by all colleges and universities in the state of New York of sexual assault, dating
violence, domestic violence, and stalking prevention and response policies and procedures; relates to
increasing the standards of monthly need for aged, blind and disabled persons living in the
community; utilizes reserves in the mortgage insurance fund for various housing purposes; increases
the minimum wage; relates to authorized work absences for healthcare professionals who volunteer to
fight the Ebola virus overseas; grants such professionals the right to request a leave of absence, which
shall be granted except in cases where such absence would impose an undue hardship on the
employer; eliminates certain fees charged by the department of labor; requires experiential learning or
applied learning activity be included by the SUNY and CUNY boards of trustees as a requirement to
earn a degree.
Division of Budget

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STATE OF NEW YORK

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A. 3006--B

SENATE - ASSEMBLY
January 21, 2015
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to article 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
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
AN ACT to amend the education law, in relation to contracts for excellence, apportionment of school aid, total foundation aid and the gap
elimination adjustment restoration, the teachers of tomorrow teacher
recruitment and retention program and waivers from certain duties; to
amend the state finance law, in relation to moneys appropriated from
the commercial gaming revenue fund; to amend chapter 756 of the laws
of 1992, relating to funding a program for work force education
conducted by the consortium for worker education in New York city, in
relation to reimbursements for the 2015-2016 school year; to amend
chapter 756 of the laws of 1992, relating to funding a program for
work force education conducted by the consortium for worker education
in New York city, in relation to withholding a portion of employment
preparation education aid and in relation to extending the effectiveness of such chapter; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid
to localities, capital projects and debt service budgets; to amend
chapter 82 of the laws of 1995, amending the education law and other
laws relating to state aid to school districts and the appropriation
of funds for the support of government; to amend section 7 of chapter
472 of the laws of 1998 amending the education law relating to the
lease of school buses by school districts; 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; to
amend chapter 425 of the laws of 2002 amending the education law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-03-5

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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 extending the expiration of
certain provisions of such chapters; to amend part A of chapter 57 of
the laws of 2013 relating to school district eligibility for an
increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness, in relation to funds appropriated in the 2014-15 school year; allocates school bus driver
training grants to school districts and boards of cooperative education services; allows for eligible school districts to receive special
apportionments
for salary expenses; allows for eligible school
districts to receive special apportionments for public
pension
accruals; allows any moneys appropriated to the state education
department to be suballocated to other state departments or agencies
and/or shall be made available for specific payment of aid; allows the
city school district of the city of Rochester to purchase services as
a non-component school district; to amend chapter 121 of the laws of
1996 relating to authorizing the Roosevelt union free school district
to finance deficits by the issuance of serial bonds, in relation to
certain apportionments; specifies amounts of state funds set aside for
each school district for the purpose of the development, maintenance
or expansion of magnet schools or magnet school programs; prohibits
moneys appropriated for the support of public libraries to be used for
library construction; to amend the general municipal law, in relation
to authorized withdrawals; and to repeal certain provisions of the
education law relating thereto (Part A); intentionally omitted (Part
B); to amend the education law, in relation to creating the New York
state get on your feet loan forgiveness program (Part C); intentionally omitted (Part D); intentionally omitted (Part E); to amend
the banking law, in relation to creating a standard financial aid
award letter (Part F); intentionally omitted (Part G); intentionally
omitted (Part H); 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 I); to amend the education law,
in relation to certain contracts with the office of children and family services; to amend the education law, in relation to the possession
of a gun on school grounds by a student; to amend the executive law,
in relation to persons in need of supervision or youthful offenders;
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 making
such provisions permanent (Part J); to amend the social services law,
in relation to state reimbursement and subsidies for the adoption of
children (Part K); to amend the social services law, the surrogate's
court procedure act, the family court act, the public health law and
the executive law, in relation to implementing provisions required by
the federal preventing sex trafficking and strengthening families act
(Part L); to utilize reserves in the mortgage insurance fund for various housing purposes (Part M); intentionally omitted (Part N); to
amend the labor law, in relation to authorized absences by healthcare
professionals who volunteer to fight the Ebola virus disease overseas;

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S. 2006--B
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and providing for the repeal of such provisions upon expiration thereof (Part O); to amend the labor law, the workers' compensation law and
chapter 784 of the laws of 1951, constituting the New York state
defense emergency act, in relation to eliminating certain fees charged
by the department of labor; and to repeal certain provisions of the
labor law and the workers' compensation law relating thereto (Part P);
to amend the education law, in relation to requiring experiential
learning as a requirement for graduation (Part Q); to amend part U of
chapter 57 of the laws of 2005 relating to the New York state higher
education capital matching grant program for independent colleges, in
relation to the New York state higher education matching grant program
for independent colleges and the effectiveness thereof (Part R); to
amend the labor law, in relation to the project notification fee
imposed for asbestos removal (Part S); to amend chapter 141 of the
laws of 1994, amending the legislative law and the state finance law
relating to the operation and administration of the legislature, in
relation to extending such provisions (Part T); to amend the state
finance law, in relation to the creation of the SUNY DSRIP escrow fund
(Part U); to amend the education law, in relation to the tuition
assistance program for students with disabilities (Part V); to amend
the education law, in relation to the investment of contributions to a
family tuition account (Part W); to amend the education law, in
relation to the allocation of funds from the foster youth college
success initiative (Part X); to amend the education law, in relation
to the offering of associate of occupational studies degrees by community colleges (Part Y); to amend the education law, in relation to
establishing the New York state achievement and investment in merit
scholarship (Part Z); to amend the labor law and the tax law, in
relation to a program to provide tax incentives for employers employing at risk youth (Part AA); to amend the environmental conservation
law, the tax law and the general municipal law, in relation to eligibility for participation in the brownfield cleanup program, assignment
of the brownfield redevelopment tax credits and brownfield opportunity
areas; to amend part H of chapter 1 of the laws of 2003, amending the
tax law relating to brownfield redevelopment tax credits, remediated
brownfield credit for real property taxes for qualified sites and
environmental remediation insurance credits, in relation to tax credits for certain sites; to amend the environmental conservation law, in
relation to hazardous waste generator fees and taxes; to amend the
environmental conservation law and the state finance law, in relation
to the environmental restoration program; to amend the environmental
conservation law, in relation to limitations on liability; to amend
the public authorities law, in relation to certain environmental
restoration projects; and to repeal certain provisions of the environmental conservation law and the tax law relating thereto (Part BB); to
amend the public officers law, the legislative law, the election law
and the retirement and social security law, in relation to reporting
and disclosure; and to repeal subdivision 2 of section 5 of the legislative law relating to per diem and travel expenses (Part CC); to
amend part A of chapter 399 of the laws of 2011, relating to establishing the public integrity reform act of 2011, in relation to the
joint commission on public ethics (Part DD); and to amend the education law, in relation to establishing the New York state masters-in-education teacher incentive scholarship program (Subpart A); to amend
the education law, in relation to admission requirements for graduate-level teacher education programs (Subpart B); to amend the educa-

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tion law, in relation to institution deregistration and suspension,
teacher registration and continuing teacher education requirements
(Subpart C); to amend the education law, in relation to the appointment of teachers, principals, administrators, supervisors and all
other members of the teaching and supervising staff of school
districts (Subpart D); to amend the education law, in relation to
annual performance reviews of classroom teachers and building principals (Subpart E); relating to testing reduction reports (Subpart F);
to amend the education law, in relation to disciplinary procedures for
ineffective teaching or performance by building principal or teacher
and to streamlined removal procedures for teachers rated ineffective
(Subpart G); and to amend the education law, in relation to takeover
and restructuring failing schools (Subpart H) (Part EE)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through EE. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the education law, as amended by section 1 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excellence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excellence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand
nine--two
thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
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teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand
fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year. For purposes of
this paragraph, the "gap elimination adjustment percentage" shall be
calculated as the sum of one minus the quotient of the sum of the school
district's net gap elimination adjustment for two thousand ten--two
thousand eleven computed pursuant to chapter fifty-three of the laws of
two thousand ten, making appropriations for the support of government,
plus the school district's gap elimination adjustment for two thousand
eleven--two thousand twelve as computed pursuant to chapter fifty-three
of the laws of two thousand eleven, making appropriations for the
support of the local assistance budget, including support for general
support for public schools, divided by the total aid for adjustment
computed pursuant to chapter fifty-three of the laws of two thousand
eleven, making appropriations for the local assistance budget, including
support for general support for public schools. Provided, further, that
such amount shall be expended to support and maintain allowable programs
and activities approved in the two thousand nine--two thousand ten
school year or to support new or expanded allowable programs and activities in the current year.
1-a. Paragraph d of subdivision 2 of section 2-d of the education
law is REPEALED.
2. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 8 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:

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For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[fourteen] fifteen--two thousand [fifteen] sixteen school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
3. Subdivision 12 of section 3602 of the education law, as amended
by section 10 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
For the two thousand nine--two thousand ten through two thousand fourteen--two thousand fifteen school years, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred fortyone of this article.
For the two thousand fifteen--two thousand sixteen year, each school
district shall be entitled to an apportionment equal to the amount set
forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
by the commissioner in support of the budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5", and such
apportionment shall be deemed to satisfy the state obligation to provide
an apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
4. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 11 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
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factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid apportionment in the two thousand thirteen--two thousand fourteen [school
year and the two thousand fourteen--two thousand fifteen] through two
thousand fifteen--two thousand sixteen school [year] years equal to the
greater of (1) the amount set forth for such school district as "HIGH
TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910" or (2) the amount set forth for such school district as "HIGH
TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4".
5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 56 of the
laws of 2014, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine-two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the electronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand eleven school years, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivision nine of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen[, two thousand thirteen--two
thousand fourteen and two thousand fourteen--two thousand fifteen]
through two thousand fifteen--two thousand sixteen school years each
school district shall be eligible for a maximum grant equal to the
greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS"
in the school aid computer listing produced by the commissioner in

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support of the enacted budget for the 2011-12 school year and entitled
"SA111-2", or (ii) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS"
in the school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph b of subdivision
twenty-one of section three hundred five of this chapter, and provided
further that the maximum grant shall not exceed the total actual grant
expenditures incurred by the school district in the current school year
as approved by the commissioner.
5-a. Subdivision 4 of section 3602 of the education law, as amended
by section 3 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
4. Total foundation aid. In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school
district as defined in subdivision eight of section four thousand one of
this chapter, shall be eligible for total foundation aid equal to the
product of total aidable foundation pupil units multiplied by the
district's selected foundation aid, which shall be the greater of five
hundred dollars ($500) or foundation formula aid, provided, however that
for the two thousand seven--two thousand eight through two thousand
eight--two thousand nine school years, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section, plus the phase-in foundation increase
computed pursuant to paragraph b of this subdivision, and provided
further that for the two thousand twelve--two thousand thirteen school
year, no school district shall receive total foundation aid in excess of
the sum of the total foundation aid base for aid payable in the two
thousand eleven--two thousand twelve school year computed pursuant to
paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision,
and provided further that for the two thousand thirteen--two thousand
fourteen school year and thereafter, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base computed pursuant to paragraph j of subdivision one of this
section, plus the phase-in foundation increase computed pursuant to
paragraph b of this subdivision and provided further that total foundation aid shall not be less than the product of the total foundation aid
base computed pursuant to paragraph j of subdivision one of this section
and the due-minimum percent which shall be, for the two thousand twelve-two thousand thirteen school year, one hundred and six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen school
year for city school districts of those cities having populations in
excess of one hundred twenty-five thousand and less than one million
inhabitants one hundred and one and one hundred and seventy-six thousandths percent (1.01176), and for all other districts one hundred and
three-tenths percent (1.003), and for the two thousand fourteen--two
thousand fifteen school year one hundred and eighty-five hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school year, one hundred thirty-seven hundredths percent (1.0037),
subject to allocation pursuant to the provisions of subdivision eighteen
of this section and any provisions of a chapter of the laws of New York
as described therein, nor more than the product of such total foundation
aid base and one hundred fifteen percent, and provided further that for
the two thousand nine--two thousand ten through two thousand eleven--two

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thousand twelve school years, each school district shall receive total
foundation aid in an amount equal to the amount apportioned to such
school district for the two thousand eight--two thousand nine school
year pursuant to this subdivision. Total aidable foundation pupil units
shall be calculated pursuant to paragraph g of subdivision two of this
section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be
calculated on a citywide basis.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as determined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose of such adjustment, the percentage increase in the consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and provided further
that the foundation amount for the two thousand seven--two thousand
eight school year shall be five thousand two hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thousand eight through two thousand fifteen--two thousand sixteen school
years, the foundation amount shall be further adjusted by the phase-in
foundation percent established pursuant to paragraph b of this subdivision.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
Labor Force Region Index
Capital District
1.124
Southern Tier
1.045
Western New York
1.091
Hudson Valley
1.314
Long Island/NYC
1.425
Finger Lakes
1.141
Central New York
1.103
Mohawk Valley
1.000
North Country
1.000
(3) The pupil need index shall equal the sum of one plus the extraordinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation

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amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be established by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commissioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thousand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected minimum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income wealth
index shall not be less than zero for the two thousand thirteen--two
thousand fourteen school year. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of this section.
Total wealth foundation pupil units shall be calculated pursuant to
paragraph h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the positive difference, if any, of (i) the product of the
total aidable foundation pupil units multiplied by the district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
(2) (i) Phase-in foundation percent. The phase-in foundation percent
shall equal one hundred thirteen and fourteen one hundredths percent
(1.1314) for the two thousand eleven--two thousand twelve school year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand twelve--two thousand thirteen school year, one hundred seven
and sixty-eight hundredths percent (1.0768) for the two thousand thirteen--two thousand fourteen school year, one hundred five and six
hundredths percent (1.0506) for the two thousand fourteen--two thousand
fifteen school year, and one hundred two and five tenths percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.
(ii) Phase-in foundation increase factor. For the two thousand
eleven--two
thousand twelve school year, the phase-in foundation
increase factor shall equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one million or more, five and twenty-three hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two

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thousand fourteen--two thousand fifteen school year the phase-in foundation increase factor shall equal (1) for a city school district of a
city having a population of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district other than a
city school district having a population of one million or more for
which (A) the quotient of the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other school districts, four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal:
(1)
for a city school district of a city having a population of one million
or more, thirteen and two hundred seventy-four thousandths percent
(0.13274); or (2) for districts where the quotient arrived at when
dividing (A) the product of the total aidable foundation pupil units
multiplied by the district's selected foundation aid less the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid is
greater than nineteen percent (0.19), and where the district's combined
wealth ratio is less than thirty-three hundredths (0.33), seven and
seventy-five hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of subparagraph two of
paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", four percent (0.04); or (4) for a city school
district in a city having a population of one hundred twenty-five thousand or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
or central school districts whose boundaries include a portion of a
small city for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand fourteen-two thousand fifteen school year and entitled "SA1415", four and seven
hundred fifty- one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and for the two thousand sixteen--two
thousand seventeen school year and thereafter the commissioner shall
annually determine the phase-in foundation increase factor subject to
allocation pursuant to the provisions of subdivision eighteen of this
section and any provisions of a chapter of the laws of New York as
described therein.
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year and thereafter,
the additional amount payable to each school district pursuant to this
subdivision in the current year as total foundation aid, after deducting
the total foundation aid base, shall be deemed a state grant in aid
identified by the commissioner for general use for purposes of section
seventeen hundred eighteen of this chapter.
c. Public excess cost aid setaside. Each school district shall set
aside from its total foundation aid computed for the current year pursuant to this subdivision an amount equal to the product of: (i) the
difference between the amount the school district was eligible to
receive in the two thousand six--two thousand seven school year pursuant
to or in lieu of paragraph six of subdivision nineteen of this section

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as such paragraph existed on June thirtieth, two thousand seven, minus
the amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such paragraph existed on June thirtieth, two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consumer price index for the current year over such consumer price index for
the two thousand six--two thousand seven school year, as computed pursuant to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public excess cost aid
setaside shall be paid pursuant to section thirty-six hundred nine-b of
this part.
d. For the two thousand fourteen--two thousand fifteen and two thousand fifteen--two thousand sixteen school [year] years a city school
district of a city having a population of one million or more may use
amounts
apportioned pursuant to this subdivision for afterschool
programs.
5-b. Paragraph g of subdivision 17 of section 3602 of the education
law, as added by section 2 of part A of chapter 56 of the laws of 2014,
is amended and a new paragraph h is added to read as follows:
[(g)] g. The gap elimination adjustment restoration amount for the two
thousand fifteen--two thousand sixteen school year [and thereafter shall
equal the product of the gap elimination percentage for such district
and the gap elimination adjustment restoration allocation established
pursuant to subdivision eighteen of this section.] for a school district
shall be computed based on data on file with the commissioner and in the
database used by the commissioner to produce an updated electronic data
file in support of the enacted budget for the two thousand fifteen--two
thousand sixteen state fiscal year and entitled "SA151-6" and shall
equal the sum of tiers one through four plus the sum of minimums A, B,
and C.
(i) "Tier one" shall equal the product of thirty dollars ($30.00)
multiplied by the extraordinary needs count computed pursuant to paragraph s of subdivision one of this section multiplied by the concentration factor, where the concentration factor shall be the sum of one
plus the quotient arrived at when dividing (1) the difference of the
extraordinary needs percent computed pursuant to paragraph w of subdivision one of this section less four-tenths (0.4) divided by (2) nine
hundred two thousandths (0.902), provided, however, that such concentration factor shall not be less than one.
(ii) "Tier two" shall be the product, for districts with a change in
enrollment of greater than two percent, of six hundred
dollars
($600.00), and for all other districts with a change in enrollment
greater than zero but less than two percent, five hundred dollars
($500.00) multiplied by the change in enrollment, where the change in
enrollment shall be the positive difference, if any, of the base year
public school district enrollment as computed pursuant to subparagraph
two of paragraph n of subdivision one of this section for the base year
less public school district enrollment for the two thousand thirteen-two thousand fourteen school year.
(iii) "Tier three" shall be the product of twenty-two dollars and
fifty cents ($22.50) multiplied by the free and reduced price lunch
percent computed pursuant to paragraph p of subdivision one of this
section multiplied by the base year public school district enrollment as
computed pursuant to subparagraph two of paragraph n of subdivision one
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(iv) "Tier four" shall be the product of three hundred dollars
($300.00) multiplied by the limited English proficient count computed
pursuant to paragraph o of subdivision one of this section multiplied by
the extraordinary needs percent computed pursuant to paragraph w of
subdivision one of this section multiplied by the sum of one and the LEP
growth percent, where the LEP growth percent shall be the quotient
arrived at by dividing the positive difference, if any, of the limited
English proficient count for the base year less such count for the year
prior to the base year divided by such count for the year prior to the
base year.
(v) "Minimum A" shall be the minimum A percent multiplied by the gap
elimination adjustment for the base year, where the minimum A percent
shall be the greater of (1) for a city school district of a city having
a population of one million or more twenty-nine and
forty-five
hundredths percent (0.2945), or (2) for a city school district of a city
having a population of one hundred twenty-five thousand or more but less
than one million and a combined wealth ratio of less than five-tenths
(0.5) eighty percent (0.80), or (3) for all other districts with a
combined wealth ratio less than one and eight-tenths (1.8) thirty-five
and six-tenths percent (0.356), or (4) for all other districts thirty
percent (0.30).
(vi) "Minimum B" shall be for districts designated as average need
pursuant to clause (c) of subparagraph two of paragraph c of subdivision
six of this section for the school aid computer listing produced by the
commissioner in support of the enacted budget for the two thousand
seven--two thousand eight school year and entitled "SA0708" and with a
combined wealth ratio of less than seventy-eight hundredths (0.78),
twenty-six and fifteen hundredths percent (0.2615) multiplied by the gap
elimination adjustment for the base year.
(vii) "Minimum C" shall be for districts designated as high need
pursuant to clause (c) of subparagraph two of paragraph c of subdivision
six of this section for the school aid computer listing produced by the
commissioner in support of the enacted budget for the two thousand
seven--two thousand eight school year and entitled "SA0708", other than
those city school districts of a city having a population of one hundred
twenty-five thousand or more, forty-three percent (0.43) multiplied by
the gap elimination adjustment for the base year.
(viii) Provided however, that no GEA restoration shall be more than
the product of ninety-eight percent (0.98) multiplied by the gap elimination adjustment for the base year.
h. The gap elimination adjustment restoration amount for the two thousand sixteen--two thousand seventeen school year and thereafter shall
equal the product of the gap elimination percentage for such district
and the gap elimination adjustment restoration allocation established
pursuant to subdivision eighteen of this section.
6. The opening paragraph of section 3609-a of the education law, as
amended by section 4 of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the [two thousand thirteen--two thousand fourteen] two
thousand fifteen--two thousand sixteen school year, "moneys apportioned"
shall mean the lesser of (i) the sum of one hundred percent of the
respective amount set forth for each school district as payable pursuant
to this section in the school aid computer listing for the current year
produced by the commissioner in support of the budget which includes the
appropriation for the general support for public schools for the

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prescribed payments and individualized payments due prior to April first
for the current year plus the apportionment payable during the current
school year pursuant to subdivision six-a and subdivision fifteen of
section thirty-six hundred two of this part minus any reductions to
current year aids pursuant to subdivision seven of section thirty-six
hundred four of this part or any deduction from apportionment payable
pursuant to this chapter for collection of a school district basic
contribution as defined in subdivision eight of section forty-four
hundred one of this chapter, less any grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of section ninety-two-c of the state finance law, less any grants provided pursuant to
subdivision six of section ninety-seven-nnnn of the state finance law,
less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this article, or (ii) the apportionment
calculated by the commissioner based on data on file at the time the
payment is processed; provided however, that for the purposes of any
payments made pursuant to this section prior to the first business day
of June of the current year, moneys apportioned shall not include any
aids payable pursuant to subdivisions six and fourteen, if applicable,
of section thirty-six hundred two of this part as current year aid for
debt service on bond anticipation notes and/or bonds first issued in the
current year or any aids payable for full-day kindergarten for the
current year pursuant to subdivision nine of section thirty-six hundred
two of this part. The definitions of "base year" and "current year" as
set forth in subdivision one of section thirty-six hundred two of this
part shall apply to this section. For aid payable in the two thousand
fourteen--two thousand fifteen school year, reference to such "school
aid computer listing for the current year" shall mean the printouts
entitled "SA141-5". For aid payable in the two thousand fifteen--two
thousand sixteen school year, reference to such "school aid computer
listing for the current year" shall mean the printouts entitled
"SA151-6".
7. The education law is amended by adding a new section 3609-h to
read as follows:
3609-h. Moneys apportioned to school districts for commercial gaming
grants pursuant to subdivision six of section ninety-seven-nnnn of the
state finance law, when and how payable commencing July first, two thousand fourteen. Notwithstanding the provisions of section thirty-six
hundred nine-a of this part, apportionments payable pursuant to subdivision six of section ninety-seven-nnnn of the state finance law shall be
paid pursuant to this section. The definitions of "base year" and
"current year" as set forth in subdivision one of section thirty-six
hundred two of this part shall apply to this section.
1.
The moneys apportioned by the commissioner to school districts
pursuant to subdivision six of section ninety-seven-nnnn of the state
finance law for the two thousand fourteen-two thousand fifteen school
year and thereafter shall be paid as a commercial gaming grant, as
computed pursuant to such subdivision, as follows:
a. For the two thousand fourteen--two thousand fifteen school year,
one hundred percent of such grant shall be paid on the same date as the
payment computed pursuant to clause (v) of subparagraph three of paragraph b of subdivision one of section thirty-six hundred nine-a of this
article.
b. For the two thousand fifteen--two thousand sixteen school year and
thereafter, seventy percent of such grant shall be paid on the same date
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paragraph b of subdivision one of section thirty-six hundred nine-a of
this article, and thirty percent of such grant shall be paid on the same
date as the payment computed pursuant to clause (v) of subparagraph
three of paragraph b of subdivision one of section thirty-six hundred
nine-a of this article.
2. Any payment to a school district pursuant to this section shall be
general receipts of the district and may be used for any lawful purpose
of the district.
7-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 4-a of part A
of chapter 56 of the laws of 2014, is amended to read as follows:
(c) At the end of each ten year segment of an assumed amortization
established pursuant to subparagraphs two, three and four of this paragraph, or in the [two thousand fifteen -- two thousand sixteen] two
thousand sixteen--two thousand seventeen school year in the case of
assumed amortizations whose ten year segment ends prior to such school
year, the commissioner shall revise the remaining scheduled semiannual
payments of the outstanding principal and interest of such assumed amortization, other than the outstanding principal and interest of refunding
bonds where the district can demonstrate to the commissioner that it is
precluded by state or federal law, rule or regulation from refinancing
such outstanding principal and interest, based on the interest rates
applicable for the current year if the difference of the interest rate
upon which the existing assumed amortization is based minus such interest rate applicable for the current year is equal to or greater than one
quarter of one-one hundredth. Provided however, in the case of assumed
amortization whose ten year segment ended prior to the [two thousand
fifteen -- two thousand sixteen] two thousand sixteen--two thousand
seventeen school year the next ten year segment shall be deemed to
commence with the [two thousand fifteen -- two thousand sixteen] two
thousand sixteen--two thousand seventeen school year. The department
shall notify school districts of projects subject to the provisions of
this clause by no later than December first next preceding the school
year in which the assumed amortization is scheduled to be revised pursuant to this clause.
7-b. Subdivision 4 of section 3627 of the education law, as amended
by section 7 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen and two thousand fourteen-two thousand fifteen school year and thereafter and otherwise eligible
for transportation aid pursuant to subdivision seven of section thirtysix hundred two of this article shall be considered approved transportation expenses eligible for transportation aid, provided further that for
the two thousand thirteen--two thousand fourteen and two thousand fourteen--two thousand fifteen school year such aid shall be limited to
eight million one hundred thousand dollars and for the two thousand
fifteen--two thousand sixteen school year and thereafter such aid shall
be limited to twelve million six hundred thousand dollars. And provided
further that such expenditures eligible for aid under this section shall
supplement not supplant local expenditures for such transportation in
the two thousand twelve--two thousand thirteen school year.
8. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 5 of part A of chapter 56 of the laws of
2014, is amended to read as follows:

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b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstanding any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiving a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through [two
thousand fourteen--two thousand fifteen] two thousand fifteen--two thousand sixteen.
9. Subdivision 6 of section 4402 of the education law, as amended by
section 9 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of education shall, during the school years nineteen hundred ninety-five--ninety-six through June thirtieth, two thousand [fifteen] sixteen of the
[two thousand fourteen--two thousand fifteen] two thousand fifteen--two
thousand sixteen school year, be authorized to increase class sizes in
special classes containing students with disabilities whose age ranges
are equivalent to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school district having a population of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum specified
in the applicable regulation, provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of education with the
commissioner stating the board's intention to increase such class sizes
and a certification that the board will conduct a study of attendance
problems at the secondary level and will implement a corrective action
plan to increase the rate of attendance of students in such classes to
at least the rate for students attending regular education classes in
secondary schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during the school
year in which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the commissioner. Upon at least

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thirty days notice to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursuant to this subdivision, the commissioner shall be authorized to terminate such authorization upon a finding that the board has failed to
develop or implement an approved corrective action plan.
10. Intentionally omitted.
11. Subparagraph (i) of paragraph a of subdivision 10 of section
4410 of the education law is amended by adding a new clause (C) to read
as follows:
(C) Notwithstanding any other provision of law, rule or regulation to
the contrary, on or before the two thousand sixteen--two thousand seventeen school year and thereafter, to be phased-in over no more than four
years from such starting year, the commissioner, subject to the approval
of the director of the budget, shall establish regional tuition rates
for special education itinerant services based on average actual costs
in accordance with a methodology established pursuant to subdivision
four of section forty-four hundred five of this article.
12. Section 97-nnnn of the state finance law is amended by adding a
new subdivision 6 to read as follows:
6. a. Moneys appropriated from the fund for the two thousand fourteen--two thousand fifteen and two thousand fifteen--two thousand
sixteen school years, for the purposes of providing aid pursuant to
paragraph a of subdivision three of this section shall be apportioned
and paid by the education department on or after April first, two thousand fifteen.
b. Each school district eligible to receive total foundation aid
pursuant to section thirty-six hundred two of the education law shall
receive a commercial gaming grant in an amount equal to the product of
the amount of the appropriation of such commercial gaming grants for the
current state fiscal year multiplied by the district's commercial gaming
ratio. The "commercial gaming ratio" shall be equal to the quotient of
the moneys apportioned for such district pursuant to section thirty-six
hundred nine-a of the education law as set forth in the school aid
computer listing produced by the commissioner in support of the enacted
state budget for the current school year, divided by the sum of such
moneys apportioned for all school districts as set forth in such school
aid computer listing in support of the enacted state budget for the
current school year.
Moneys to be appropriated from the fund in any state fiscal year,
commencing on and after April first, two thousand fifteen, for the
purposes of providing aid pursuant to this subparagraph shall be apportioned and paid by the education department pursuant to section thirtysix hundred nine-h of the education law.
13. Subdivision b of section 2 of 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, as amended by section
12 of part A of chapter 56 of the laws of 2014, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2011--2012 school year shall not exceed 62.9
percent of the lesser of such approvable costs per contact hour or
twelve dollars and fifteen cents per contact hour, reimbursement] for
the 2012--2013 school year shall not exceed 63.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars and thirtyfive cents per contact hour, reimbursement for the 2013--2014 school
year shall not exceed 62.3 percent of the lesser of such approvable

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costs per contact hour or twelve dollars and sixty-five cents per
contact hour, [and] reimbursement for the 2014--2015 school year shall
not exceed 61.6 percent of the lesser of such approvable costs per
contact
hour or [eight] thirteen dollars per contact hour, and
reimbursement for the 2015--2016 school year shall not exceed 60.7
percent of the lesser of such approvable costs per contact hour or thirteen dollars and forty cents per contact hour where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult. Notwithstanding any other provision of law to the contrary, [for
the 2011--2012 school year such contact hours shall not exceed one
million seven hundred one thousand five hundred seventy (1,701,570)
hours; whereas] for the 2012--2013 school year such contact hours shall
not exceed one million six hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for the 2013--2014 school year
such contact hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six (1,649,746) hours; whereas for the
2014--2015 school year such contact hours shall not exceed one million
six hundred twenty-five thousand (1,625,000) hours; whereas for the
2015--2016 school year such contact hours shall not exceed one million
five hundred ninety-nine thousand fifteen (1,599,015).
Notwithstanding
any other provision of law to the contrary, the apportionment calculated
for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if
such contact hours provided by the consortium for worker education, not
to exceed the contact hours set forth herein, were eligible for aid in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
14. Section 4 of 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, is amended by adding a new subdivision t to read as follows:
t. The provisions of this subdivision shall not apply after the
completion of payments for the 2015--2016 school year. Notwithstanding
any inconsistent provisions of law, the commissioner of education shall
withhold a portion of employment preparation education aid due to the
city school district of the city of New York to support a portion of the
costs of the work force education program. Such moneys shall be credited
to the elementary and secondary education fund local assistance account
and shall not exceed thirteen million dollars ($13,000,000).
15. Section 6 of 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, as amended by section 14 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2015] 2016.
15-a. Paragraph a-1 of subdivision 11 of section 3602 of the education law, as amended by section 14-a of part A of chapter 56 of the laws
of 2014, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivision, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven-two
thousand twelve through [two thousand fourteen--two thousand
fifteen] two thousand fifteen--two thousand sixteen, the commissioner
may set aside an amount not to exceed two million five hundred thousand
dollars from the funds appropriated for purposes of this subdivision for
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not been enrolled in any school for the preceding school year, including
persons who have received a high school diploma or high school equivalency diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment preparation education programs operated pursuant to this subdivision.
16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 15 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2016] 2017.
17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 16 of part A of chapter 56 of the laws
of 2014, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2015] 2016 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursuant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2015] 2016;
18. Section 7 of chapter 472 of the laws of 1998, amending the
education law relating to the lease of school buses by school districts,
as amended by section 26 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2015] 2017.
19. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 18 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
upon such date the provisions of this act shall be deemed repealed.
20. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as

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amended by section 19 of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2015] 2016.
21. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 20 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2015] 2016.
21-a. Subdivision 2 of section 1 of part A of chapter 57 of the laws
of 2013 relating to school district eligibility for an increase in
apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and
principal effectiveness, is amended to read as follows:
2. Notwithstanding any inconsistent provision of law, no school
district shall be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2013-14 school year
and [thereafter] 2014-15 school year in excess of the amount apportioned
to such school district in the base year unless such school district has
submitted documentation that has been approved by the commissioner of
education by September 1 of the current year, demonstrating that it has
fully implemented the standards and procedures for conducting annual
professional performance reviews of classroom teachers and building
principals in accordance with the requirements of section 3012-c of the
education law and the commissioner of education's regulations.
Any
apportionment withheld pursuant to this section shall not occur prior to
April 1 of the current year and shall not have any effect on the base
year calculation for use in the subsequent school year.
22. School bus driver training. In addition to apportionments otherwise provided by section 3602 of the education law, for aid payable in
the 2015-2016 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-profit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
23. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2016 and not later than the last day of the third full
business week of June 2016, a school district eligible for an apportionment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2016, for salary expenses incurred between April 1 and
June 30, 2015 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the commissioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
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adjustment for 2010--2011, as determined by the commissioner of education pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimination adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subparagraphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such paragraph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
24. Special apportionment for public pension accruals. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not later than June 30, 2016, a school district eligible for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2016 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such additional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
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in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subparagraphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such paragraph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
25. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education programs.
25-a. Notwithstanding any provision of law to the contrary, excess
state building aid payments in the amount of not more than $1,989,867
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shall be recovered in five equal annual installments beginning the later
of June of 2015 or June of the school year in which such district is
notified of such excess payments. Provided, further, that such district
may elect to make an initial payment no later than thirty days in
advance of the first annual installment which shall reduce the amount of
each annual installment.
25-b. Notwithstanding any provision of the law to the contrary, for
the Amsterdam city school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part A of
chapter 57 of the laws of 2012 in the amount of not more than
$5,337,224, the commissioner of education shall recover such penalty in
five equal annual installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penalty. Provided further that such district may elect to make an initial
payment no later than thirty days in advance of the first annual
installment which shall reduce the amount of each annual installment.
25-c. Notwithstanding any provision of the law to the contrary, for
the Tonawanda city school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part A of
chapter 57 of the laws of 2012 in the amount of not more than
$1,455,736, the commissioner of education shall recover such penalty in
five equal annual installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penalty. Provided, further, that such district may elect to make an initial
payment no later than thirty days in advance of the first annual
installment which shall reduce the amount of each annual installment.
25-d. Notwithstanding any provision of law to the contrary, excess
state building aid payments in the amount of not more than $2,249,247
made to the East Islip union free school district in various school
years shall be recovered in five equal annual installments beginning the
later of June of 2017 or June of the school year in which such district
is notified of such excess payments. Provided, further, that such
district may elect to make an initial payment no later than thirty days
in advance of the first annual installment which shall reduce the amount
of each annual installment.
25-e. Notwithstanding any provision of the law to the contrary, for
the Mount Morris central school district having a penalty arising from
the late filing of a final cost report pursuant to section 31 of part A
of chapter 57 of the laws of 2012 in the amount of not more than
$2,457,364, the commissioner of education shall recover such penalty in
five equal annual installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penalty. Provided, further, that such district may elect to make an initial
payment no later than thirty days in advance of the first annual
installment which shall reduce the amount of each annual installment.
26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2015--2016 school year, as a non-component school
district, services required by article 19 of the education law.
26-a. Subdivision 10 of section 6-p of the general municipal law, as
amended by section 14-b of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
10. Notwithstanding any provision of law to the contrary, the governing board of a school district may, during the [two thousand fourteen--

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two thousand fifteen] two thousand fifteen--two thousand sixteen school

year, authorize a withdrawal from this fund in an amount not to exceed
the lesser of: (a) the dollar value of excess funding in the fund as
determined by the comptroller pursuant to section thirty-three of this
chapter or (b) the amount of the school district's remaining gap elimination adjustment as calculated by the commissioner of education pursuant to subdivision seventeen of section thirty-six hundred two of the
education law. Funds withdrawn pursuant to this subdivision may only be
used for the purpose of maintaining educational programming during the
[two thousand fourteen--two thousand fifteen] two thousand fifteen--two
thousand sixteen school year which otherwise would have been reduced as
a result of such gap elimination adjustment. Governing boards which make
such a withdrawal shall submit, in a form prescribed by the commissioner
of education, relevant information about the withdrawal, which shall
include but not be limited to, the amount of such withdrawal, the date
of withdrawal, and the use of such withdrawn funds.
26-b. Subdivision a of section 5 of chapter 121 of the laws of 1996
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, as amended by section
20-b of part A of chapter 56 of the laws of 2014, is amended to read as
follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roosevelt union free school district shall be eligible to receive an apportionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year.
Such apportionment shall not exceed: for the 1996-97 school year
through the [2014-15] 2015-16 school year, four million
dollars
($4,000,000); for the [2015-16] 2016-17 school year, three million
dollars ($3,000,000); for the [2016-17] 2017-18 school year, two million
dollars ($2,000,000); for the [2017-18] 2018-19 school year, one million
dollars ($1,000,000); and for the [2018-19] 2019-20 school year, zero
dollars.
Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
27. The amounts specified in this section shall be a set aside from
the state funds which each such district is receiving from the total
foundation aid: for the purpose of the development, maintenance or
expansion of magnet schools or magnet school programs for the 2015--2016
school year. To the city school district of the city of New York there
shall be paid forty-eight million one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars ($21,025,000); to the
Rochester city school district, fifteen million dollars ($15,000,000);
to the Syracuse city school district, thirteen
million
dollars
($13,000,000); to the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district, four million six hundred
forty-five
thousand
dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two million dollars ($2,000,000); to the New
Rochelle city school district, one million four hundred ten thousand
dollars ($1,410,000); to the Schenectady city school district, one
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city school district, one million one hundred fifty thousand dollars
($1,150,000); to the White Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars ($600,000); to the Albany city school
district, three
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five
hundred
fifty
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($3,550,000); to the Utica city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the Middletown city school district,
four hundred thousand dollars ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Greenburgh central school district,
three
hundred
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dollars
($300,000); to the Amsterdam city school district, eight hundred thousand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associated with implementation of an alternative approach to reduction of
racial isolation and/or enhancement of the instructional program and
raising of standards in elementary and secondary schools of school
districts having substantial concentrations of minority students. The
commissioner of education shall not be authorized to withhold magnet
grant funds from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner. For the purpose of attendance
improvement and dropout prevention for the 2015--2016 school year, for
any city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year. For the 2015--2016
school year, it is further provided that any city school district in a
city having a population of more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this subdivision to community-based
organizations. Any increase required pursuant to this subdivision to
community-based organizations must be in addition to
allocations
provided to community-based organizations in the base year. For the
purpose of teacher support for the 2015--2016 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven thousand dollars ($62,707,000); to the Buffalo city school
district, one million seven hundred
forty-one
thousand
dollars
($1,741,000); to the Rochester city school district, one million seventy-six thousand dollars ($1,076,000); to the Yonkers city school
district,
one
million
one hundred forty-seven thousand dollars
($1,147,000); and to the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addition to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distributed pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are represented by certified or recognized employee organizations, all salary

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increases funded pursuant to this section shall be determined by separate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
28. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2015 enacting
the aid to localities budget shall be apportioned for the 2015-2016
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the
education law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2015-2016
by a chapter of the laws of 2015 enacting the education, labor and family assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
28-a. Subdivision 3 of section 4204-b of the education law, as
amended by section 12-b of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
3. The state comptroller may deduct from any state funds which become
due to a school district for each year in which such child was in
attendance at such institution or facility an amount equal to the
reimbursement required to be made by such school district in accordance
with this section, and the amount so deducted shall not be included in
the operating expense of such district for the purposes of computing the
[apportionment for] approved operating expense [aid] pursuant to paragraph t of subdivision [eleven] one of section thirty-six hundred two of
this chapter.
29. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the application of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
30. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2015, provided,
however, that:
1. Sections one, eight, nine, fourteen, twenty-two, twenty-six, twenty-six-a and twenty-seven of this act shall take effect July 1, 2015.

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2. Sections seven and twelve of this act shall take effect immediately
and shall be deemed to have been in full force and effect on and after
April 1, 2014.
3. Sections six and thirteen of this act shall take effect immediately
and shall be deemed to have been in full force and effect on and after
July 1, 2014.
4. Section eleven of this act shall take effect July 1, 2015 and
shall first apply to reimbursement for services and programs provided
pursuant to section 4410 of the education law as provided in such
section.
5. This act shall take effect immediately; provided, however, that the
amendments to paragraph b-1 of subdivision 4 of section 3602 of the
education law made by section five-a of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.
6. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city, made by sections thirteen and fourteen of this act shall not affect the repeal of such chapter and shall
be deemed repealed therewith.
7. Section seventeen of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.
PART B
Intentionally Omitted
PART C
Section 1. The education law is amended by adding a new section 679-g
to read as follows:
679-g. New York state get on your feet loan forgiveness program. 1.
Purpose. The president shall grant student loan forgiveness awards for
the purpose of alleviating the burden of federal student loan debt for
recent New York state college graduates.
2. Eligibility. To be eligible for an award pursuant to this section,
an applicant shall: (a) have graduated from a high school located in New
York state or attended an approved New York state program for a state
high school equivalency diploma and received such high school equivalency diploma; (b) have graduated and obtained an undergraduate degree from
a college or university with its headquarters located in New York state
in or after the two thousand fourteen--fifteen academic year; (c) apply
for this program within two years of obtaining such degree; (d) be a
participant in a federal income-driven repayment plan whose payment
amount is generally ten percent of discretionary income; (e) have income
of less than fifty thousand dollars; (f) comply with subdivisions three
and five of section six hundred sixty-one of this part; and (g) work in
New York state, if employed. For purposes of this program, "income"
shall be the total adjusted gross income of the applicant and the applicant's spouse, if applicable.
3. Awards. An applicant whose annual income is less than fifty thousand dollars shall be eligible to receive an award equal to one hundred
percent of his or her monthly federal income-driven repayment plan
payments for twenty-four months of repayment under the federal program.
Provided, however, that the awards granted under this section shall be

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deferred for a recipient who has been granted a deferment or forbearance
under the federal income-driven repayment plan. Upon completion of such
deferment or forbearance period, such recipient shall be eligible to
receive an award for the remaining time period under this subdivision. A
recipient who is not a resident of New York state at the time any
payment is made under this program shall be required to refund such
payments to the state. The corporation shall be authorized to recover
such payments in accordance with rules and regulations promulgated by
the corporation. A student who is delinquent or in default on a student
loan made under any statutory New York state or federal education loan
program or has failed to comply with the terms of a service condition
imposed by an award made pursuant to this article or has failed to repay
an award shall be ineligible to receive an award under this program
until such delinquency, default or failure is cured.
4. Rules and regulations. The corporation is authorized to promulgate
rules and regulations, and may promulgate emergency regulations necessary for the implementation of the provisions of this section.
2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART D
Intentionally Omitted
PART E
Intentionally Omitted
PART F
Section 1. The banking law is amended by adding a new section 9-w to
read as follows:
9-w. Standard financial aid award letter. The superintendent of
financial services in consultation with the president of the higher
education services corporation shall develop a standard financial aid
award letter which shall clearly delineate (a) the estimated cost of
attendance, including but not limited to, the cost of tuition and fees,
room and board, books, and transportation. Such standard letter shall
provide the estimated cost of attendance for the current academic year
as well as estimates for each academic year that the student would need
to attend to earn a degree at such institution with a disclaimer that
the cost of attendance for years other than the current academic year
are estimates and may be subject to change, (b) all financial aid
offered from the federal government, the state, and the institution with
an explanation as to which components will require repayment, (c) any
expected student and/or family contribution, (d) campus-specific graduation, median borrowing, and loan default rates, and (e) any other
information as determined by the superintendent in consultation with the
president.
Such standard letter shall include a glossary of standard
terms and definitions used on such standard letter. The superintendent
shall publish and make available such standard letter by December thirty-first, two thousand fifteen and thereafter. Each college, vocational
institution, and any other institution that offers an approved program
as defined in section six hundred one of the education law shall utilize

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the standard letter issued by the department of financial services in
responding to all financial aid applicants for the two thousand
sixteen--two thousand seventeen academic year and thereafter. The superintendent shall promulgate regulations implementing this section.
2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART G
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part E of chapter 58 of the laws of 2014, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$139.00] $141.00 for each month beginning on or after
January first, two thousand [fourteen] fifteen.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$160.00] $163.00 for each month beginning on
or after January first, two thousand [fourteen] fifteen.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$190.00] $193.00 for each month
beginning on or after January first, two thousand [fourteen] fifteen.
(d) for the period commencing January first, two thousand [fifteen]
sixteen, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [fifteen] sixteen, but prior to June thirtieth, two thousand
[fifteen] sixteen, rounded to the nearest whole dollar.
2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
E of chapter 58 of the laws of 2014, are amended to read as follows:
(a) On and after January first, two thousand [fourteen] fifteen, for
an eligible individual living alone, [$808.00] $820.00; and for an
eligible couple living alone, [$1186.00] $1204.00.
(b) On and after January first, two thousand [fourteen] fifteen, for
an eligible individual living with others with or without in-kind
income, [$744.00] $756.00; and for an eligible couple living with others
with or without in-kind income, [$1128.00] $1146.00.
(c) On and after January first, two thousand [fourteen] fifteen, (i)
for an eligible individual receiving family care, [$987.48] $999.48 if
he or she is receiving such care in the city of New York or the county

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of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$949.48]
$961.48; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [fourteen] fifteen, (i)
for an eligible individual receiving residential care, [$1156.00]
$1168.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1126.00] $1138.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) (i) On and after January first, two thousand [fourteen] fifteen,
for
an
eligible individual receiving enhanced residential care,
[$1415.00] $1427.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i) of
this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdivision shall be increased to reflect any increases in federal supplemental security income benefits for individuals or couples which become
effective on or after January first, two thousand [fifteen] sixteen but
prior to June thirtieth, two thousand [fifteen] sixteen.
3. This act shall take effect December 31, 2015.
PART J
Section 1. Subparagraph 8 of paragraph h of subdivision 4 of section
1950 of the education law, as amended by section 1 of part G of chapter
58 of the laws of 2014, is amended to read as follows:
(8) To enter into contracts with the commissioner of the office of
children and family services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to such office, for
the benefit of youth in its custody, any special education programs,
related services [and], career and technical education services and
music, art and foreign language programs provided by the board of cooperative educational services to component school districts. Any such
proposed contract shall be subject to the review and approval of the
commissioner to determine that it is an approved cooperative educational
service. Services provided pursuant to such contracts shall be provided
at cost, and the board of cooperative educational services shall not be
authorized to charge any costs incurred in providing such services to
its component school districts.
2. Subdivision 6-a of section 3202 of the education law, as amended
by section 2 of part G of chapter 58 of the laws of 2014, is amended to
read as follows:
6-a. Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children and family
services shall be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education with

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the trustees or board of education of the school district wherein a
facility for the residential care of such youth is located or with the
board of cooperative educational services at which any such school
district is a component district for special education programs, related
services and career and technical education services and music, art and
foreign language programs in accordance with subparagraph eight of paragraph (h) of subdivision four of section nineteen hundred fifty of this
chapter. A youth attending a local public school while in residence at
such facility shall be deemed a resident of the school district where
his parent or guardian resides at the commencement of each school year
for the purpose of determining which school district shall be responsible for the youth's tuition pursuant to section five hundred four of the
executive law.
3. Subdivision 1 of section 505 of the executive law, as amended by
chapter 465 of the laws of 1992, is amended to read as follows:
1. There shall be a facility director of each [division for youth]
office of children and family services operated facility. Such facility
director shall be appointed by the [director] commissioner of the [division] office of children and family services and the position shall be
in the noncompetitive class and designated as confidential as defined by
subdivision two-a of section forty-two of the civil service law. The
facility director shall have [two years] such experience [in appropriate
titles in state government. Such facility director shall have such] and
other qualifications as may be prescribed by the director of classification and compensation within the department of civil service in consultation with the commissioner of the [division,] office of children and
family services based on differences in duties, levels of responsibility, size and character of the facility, knowledge, skills and abilities
required, and other factors affecting the position [and]. Such facility
director shall serve at the pleasure of the [director] commissioner of
the [division] office of children and family services.
4. Section 3 of 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, as amended by
section 3 of part G of chapter 58 of the laws of 2014, is amended to
read as follows:
3. The office of children and family services, in consultation with
the state education department, shall prepare and submit to the governor, the temporary president of the senate and the speaker of the assembly a report by December 1, 2015 and December 1, 2017, that shall
analyze the cost effectiveness and programmatic impact of delivering
special education programs, related services [and], career and technical
education services and music, art and foreign language programs through
boards of cooperative educational services in juvenile justice facilities operated by the office.
5. Section 4 of 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, is amended to
read as follows:
4. This act shall take effect July 1, 2012 and shall expire June 30,
[2015] 2018 when upon such date the provisions of this act shall be
deemed repealed.
6. This act shall take effect immediately; provided, the amendments
to subparagraph (8) of paragraph h of subdivision 4 of section 1950 of

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the education law made by section one of this act shall not affect the
repeal of such subparagraph and shall be deemed repealed therewith;
provided, however, that the amendments to subdivision 6-a of section
3202 of the education law made by section two of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith; provided, further, that the amendments to section 3 of part K
of chapter 57 of the laws of 2012 made by section four of this act shall
not affect the repeal of such chapter and shall be deemed repealed therewith.
PART K
Section 1. The section heading of section 456 of the social services
law, as added by chapter 865 of the laws of 1977, is amended to read as
follows:
State reimbursement and payments.
2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the
social services law, as amended by chapter 601 of the laws of 1994, are
amended to read as follows:
[(c) one hundred per centum of such payments after first deducting
therefrom any federal funds properly to be received on account of such
payments, for children placed out for adoption by a voluntary authorized
agency or for children being adopted after being placed out for adoption
by a voluntary authorized agency in accordance with the provisions of
this title,] or [(d)] (c) one hundred per centum of such payments after
first deducting therefrom any federal funds properly to be received on
account of such payments, for children placed out for adoption or being
adopted after being placed out for adoption by an Indian tribe as referenced in subdivision seven of section four hundred fifty-one of this
title.
3. Section 456 of the social services law is amended by adding a new
subdivision 3 to read as follows:
3. Notwithstanding any other provision of law to the contrary, for a
child who has been placed for adoption by a voluntary authorized agency
with guardianship and custody or care and custody of such child, as
referenced in subdivision one of section four hundred fifty-one of this
title, payments available under section four hundred fifty-three, four
hundred fifty-three-a or four hundred fifty-four of this title shall be
made by the state pursuant to a written agreement between an official of
the office of children and family services and the persons who applied
for such payments prior to adoption. Notwithstanding any other provision
of law to the contrary, the office of children and family services shall
not enter into written agreements for, or issue, any such payments in
instances where the person or persons applying for such payments reside
outside of the state of New York at the time the application for such
payments is made.
4. This act shall take effect July 1, 2015 and shall only apply to
applications for payments under sections 453, 453-a or 454 of the social
services law that are made on or after such effective date; provided,
however, that effective immediately the commissioner of the office of
children and family services is authorized and directed to promulgate
such rules and regulations as he or she deems necessary to implement the
provisions of this act on or before its effective date.
PART L

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Section 1. Section 458-a of the social services law is amended by
adding three new subdivisions 6, 7 and 8 to read as follows:
6. "Successor guardian" shall mean a person or persons that is
approved by a local social services district to receive payments pursuant to this title in accordance with subparagraph (ii) of paragraph (b)
of subdivision five of section four hundred fifty-eight-b of this title
and that has been named in the agreement in effect between the relative
guardian and social services official for kinship guardianship assistance payments pursuant to this title who shall provide care and guardianship for a child in the event of death or incapacity of the relative
guardian, as set forth in section four hundred fifty-eight-b of this
title, who has assumed care for and is the guardian or permanent guardian of such child, provided that such person was appointed guardian or
permanent guardian of such child by the court following, or due to, the
death or incapacity of the relative guardian. Once approved in accordance with subparagraph (ii) of paragraph (b) of section four hundred
fifty-eight-b of this title, a successor guardian shall be deemed to
have the same rights and responsibilities as a relative guardian in
relation to any provisions of this title and any agreement entered into
under this title.
7. "Prospective successor guardian" shall mean a person or persons
whom a prospective relative guardian or a relative guardian seeks to
name or names in the original kinship guardianship assistance agreement,
or any amendment thereto, as set forth in section four hundred fiftyeight-b of this title, as the person or persons to provide care and
guardianship for a child in the event of the death or incapacity of a
relative guardian, who has not been approved in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred
fifty-eight-b of this title.
8. "Incapacity" shall mean a substantial inability to care for a child
as a result of: (a) a physically debilitating illness, disease or injury; or (b) a mental impairment that results in a substantial inability
to understand the nature and consequences of decisions concerning the
care of a child.
2. Section 458-b of the social services law is amended by adding a
new subdivision 1-a to read as follows:
1-a. A child shall remain eligible for kinship guardianship assistance
payments under this title when a successor guardian as defined in subdivision six of section four hundred fifty-eight-a of this title assumes
care and guardianship of the child.
3. Subdivision 2 of section 458-b of the social services law is
amended by adding a new paragraph (d) to read as follows:
(d) (i) Notwithstanding any other provision of law to the contrary,
prior to the social services official approving a prospective successor
guardian to receive payments pursuant to this title in accordance with
subparagraph (ii) of paragraph (b) of subdivision five of this section:
(1) the social services official must complete a national and state
criminal history record check pursuant to subdivision two of section
three hundred seventy-eight-a of this article for the prospective
successor guardian and any person over the age of eighteen living in the
home of the prospective successor guardian, in accordance with the
procedures and standards set forth in such subdivision; and (2) the
social services official must inquire of the office of children and
family services, in accordance with section four hundred twenty-four-a
of this article, whether each prospective successor guardian and each
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successor guardian has been or is currently the subject of an indicated
report of child abuse or maltreatment on file with the statewide central
register of child abuse and maltreatment and, if the prospective successor guardian or any other person over the age of eighteen residing in
the home of the prospective successor guardian resided in another state
in the five years preceding the inquiry, request child abuse and
maltreatment information maintained by the child abuse and maltreatment
registry from the applicable child welfare agency in each such state of
previous residence.
(ii) It shall be the duty of the prospective successor guardian to
inform the social services official that has entered into an agreement
with the relative guardian for payments under this title in writing of
the death or incapacity of the relative guardian and of the prospective
successor guardian's desire to enforce the provisions in the agreement
that authorize payment to him or her in the event of the death or incapacity of the relative guardian.
(iii) The clearances requires by subparagraph (i) of this paragraph
shall be conducted following receipt by the social services official of
the written communication required by subparagraph (ii) of this paragraph.
4. Subdivision 4 of section 458-b of the social services law is
amended by adding four new paragraphs (e), (f), (g) and (h) to read as
follows:
(e) The original kinship guardianship assistance agreement executed in
accordance with this section and any amendments thereto may name an
appropriate person to act as a successor guardian for the purpose of
providing care and guardianship for a child in the event of death or
incapacity of the relative guardian. Nothing herein shall be deemed to
require the relative guardian to name a prospective successor guardian
as a condition for the approval of a kinship guardianship assistance
agreement.
(f) A fully executed agreement between a relative guardian and a
social services official may be amended to add or modify terms and
conditions mutually agreeable to the relative guardian and the social
services official, including the naming of an appropriate person to
provide care and guardianship for a child in the event of death or incapacity of the relative guardian.
(g) The social services official shall inform the relative guardian of
the right to name an appropriate person to act as a successor guardian
in the original kinship guardianship assistance agreement or through an
amendment to such agreement.
(h) A fully executed agreement between a relative guardian or a
successor guardian and a social services official may be terminated if:
(i) in accordance with paragraph (b) of subdivision seven of this
section, a social services official has determined that a relative guardian or a successor guardian is no longer legally responsible for the
support of the child; or
(ii) following the death or permanent incapacity of a relative guardian, all prospective successor guardians named in such agreement were not
approved by the social services district pursuant to subparagraph (ii)
of paragraph (b) of subdivision five of this section.
5. Subdivision 5 of section 458-b of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
5. (a) Once the prospective relative guardian with whom a social
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of this section has been issued letters of guardianship for the child
and the child has been finally discharged from foster care to such relative, a social services official shall make monthly kinship guardianship
assistance payments for the care and maintenance of the child.
(b) (i) In the event of death or incapacity of a relative guardian, a
social services district shall make monthly kinship guardianship assistance payments for the care and maintenance of a child to a successor
guardian that has been approved pursuant to subparagraph (ii) of this
paragraph.
(ii) Following the death or incapacity of the relative guardian, a
social services official shall approve a prospective successor guardian
that is named in the agreement between the relative guardian and a
social services official for payments under this title and that has been
awarded guardianship or permanent guardianship of the child by the court
unless, based on the results of the clearances required by paragraph (d)
of subdivision two of this section, the social services official has
determined that approval of the prospective successor guardian is not
authorized or appropriate. Provided however, that no approval can be
issued pursuant to this paragraph unless the prospective successor guardian has been awarded guardianship or permanent guardianship of the
child by the court and the clearances required by paragraph (d) of
subdivision two of this section have been conducted.
(iii) Notwithstanding any other provision of law to the contrary, if a
prospective successor guardian assumes care of the child prior to being
approved pursuant to subparagraph (ii) of this paragraph, payments under
this title shall be made once a prospective guardian is approved pursuant to such subparagraph retroactively from: (1) in the event of death
of the relative guardian, the date the successor guardian assumed care
of the child or the date of death of the relative guardian, whichever is
later; or (2) in the event of incapacity of the relative guardian, the
date the successor guardian assumed care of the child or the date of
incapacity of the relative guardian, whichever is later.
(c) In the event that a successor guardian assumed care and was
awarded guardianship or permanent guardianship of a child due to the
incapacity of a relative guardian and the relative guardian is subsequently awarded or resumes guardianship or permanent guardianship of
such child and assumes care of such child after the incapacity ends, a
social services official shall make monthly kinship guardianship assistance payments for the care and maintenance of the child to the relative
guardian, in accordance with the terms of the fully executed written
agreement.
6. Paragraph (b) of subdivision 7 of section 458-b of the social
services law, as added by section 4 of part F of chapter 58 of the laws
of 2010, is amended to read as follows:
(b) (i) Notwithstanding paragraph (a) of this subdivision, and except
as provided for in paragraph (b) of subdivision five of this section, no
kinship guardianship assistance payments may be made pursuant to this
title if the social services official determines that the relative guardian is no longer legally responsible for the support of the child,
including if the status of the legal guardian is terminated or the child
is no longer receiving any support from such guardian. In accordance
with the regulations of the office, a relative guardian who has been
receiving kinship guardianship assistance payments on behalf of a child
under this title must keep the social services official informed, on an
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ineligible for such payments or eligible for payments in a different
amount.
(ii) Notwithstanding paragraph (a) of this subdivision, and except as
provided for in paragraph (c) of subdivision five of this section, no
kinship guardianship assistance payments may be made pursuant to this
title to a successor guardian if the social services official determines
that the successor guardian is no longer legally responsible for the
support of the child, including if the status of the successor guardian
is terminated or the child is no longer receiving any support from such
guardian. A successor guardian who has been receiving kinship guardianship assistance payments on behalf of a child under this title must keep
the social services official informed, on an annual basis, of any
circumstances that would make the successor guardian ineligible for such
payments or eligible for payments in a different amount.
7. Subdivision 8 of section 458-b of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
8. The placement of the child with the relative guardian or successor
guardian and any kinship guardianship assistance payments made on behalf
of the child under this section shall be considered never to have been
made when determining the eligibility for adoption subsidy payments
under title nine of this article of a child in such legal guardianship
arrangement.
8. Subdivision 2 of section 458-d of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
2. In addition, a social services official shall make payments for the
cost of care, services and supplies payable under the state's program of
medical assistance for needy persons provided to any child for whom
kinship guardianship assistance payments are being made under this title
who is not eligible for medical assistance under subdivision one of this
section and for whom the relative or successor guardian is unable to
obtain appropriate and affordable medical coverage through any other
available means, regardless of whether the child otherwise qualifies for
medical assistance for needy persons. Payments pursuant to this subdivision shall be made only with respect to the cost of care, services, and
supplies which are not otherwise covered or subject to payment or
reimbursement by insurance, medical assistance or other
sources.
Payments made pursuant to this subdivision shall only be made if the
relative or successor guardian applies to obtain such medical coverage
for the child from all available sources, unless the social services
official determines that the relative guardian has good cause for not
applying for such coverage; which shall include that appropriate coverage is not available or affordable.
9. Subdivisions 1 and 2 of section 458-f of the social services law,
as added by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
1. Any person aggrieved by the decision of a social services official
not to make a payment or payments pursuant to this title or to make such
payment or payments in an inadequate or inappropriate amount or the
failure of a social services official to determine an application under
this title within thirty days after filing, or the failure of a social
services district to agree to a prospective successor guardian being
named in an agreement or to approve a prospective successor guardian
pursuant to subparagraph (ii) of paragraph (b) of subdivision five of
section four hundred fifty-eight-b of this title, or the decision of a

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social services district to terminate an agreement pursuant to paragraph
(h) of subdivision four of section four hundred fifty-eight-b of this
title, may appeal to the office of children and family services, which
shall review the case and give such person an opportunity for a fair
hearing thereon and render its decision within thirty days. All decisions of the office of children and family services shall be binding
upon the social services district involved and shall be complied with by
the social services official thereof.
2. The only issues which may be raised in a fair hearing under this
section are: (a) whether the social services official has improperly
denied an application for payments under this title; (b) whether the
social services official has improperly discontinued payments under this
title; (c) whether the social services official has determined the
amount of the payments made or to be made in violation of the provisions
of this title or the regulations of the office of children and family
services promulgated hereunder; [or] (d) whether the social services
official has failed to determine an application under this title within
thirty days; (e) whether the social services official has improperly
denied an application to name a prospective successor guardian in the
original kinship guardianship assistance agreement for payments pursuant
to this title or any amendments thereto; (f) whether a social services
official has inappropriately failed to approve a prospective successor
guardian; or (g) whether a social services official has inappropriately
terminated an agreement for payments under this title.
10. Subdivision 2 of section 378-a of the social services law, as
added by chapter 7 of the laws of 1999, paragraphs (a), (f) and (g) as
amended by chapter 668 of the laws of 2006, paragraph (e) as amended by
chapter 623 of the laws of 2008, paragraphs (h) and (i) as amended by
chapter 145 of the laws of 2000 and paragraph (j) as amended by chapter
405 of the laws of 2010, is amended to read as follows:
2. (a) Notwithstanding any other provision of law to the contrary, and
subject to rules and regulations of the division of criminal justice
services, an authorized agency, as defined in subdivision ten of section
three hundred seventy-one of this [article] title, shall perform a criminal history record check with the division of criminal justice services
regarding any prospective foster parent or prospective adoptive parent
or, a prospective successor guardian in accordance with paragraph (d) of
subdivision two of section four hundred fifty-eight-b of this article,
and any person over the age of eighteen who is currently residing in the
home of such prospective foster parent [or], prospective adoptive parent
or prospective successor guardian. Provided, however, that for prospective foster parents and prospective adoptive parents and other persons
over the age of eighteen in their homes, the checks required by this
paragraph shall be conducted before the foster parent or adoptive parent
is finally certified or approved for the placement of a child. Persons
who are over the age of eighteen residing in the home of a certified or
approved foster parent and who previously did not have a criminal history record check performed in accordance with this subdivision shall have
such a criminal history record check performed when the foster parent
applies for renewal of his or her certification or approval as a foster
parent. The division of criminal justice services is authorized to
submit fingerprints to the federal bureau of investigation for the
purpose of a nationwide criminal history record check pursuant to and
consistent with public law 92-544 to determine whether such prospective
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such prospective parent or guardian has a criminal history in any state
or federal jurisdiction. The provisions and procedures of this section,
including the criminal history record check of persons over the age of
eighteen who are currently residing in the home of the foster parent,
also shall apply to prospective foster parents certified by the office
of children and family services and to family homes certified by any
other state agency where such family homes care for foster children in
accordance with a memorandum of understanding with the office of children and family services.
(b) Every authorized agency shall obtain a set of the prospective
foster parent [or], prospective adoptive [parent's] parent or prospective successor guardian's fingerprints and those of any person over the
age of eighteen who currently resides in the home of such prospective
foster parent [or], prospective adoptive parent or prospective successor
guardian, and such other information as is required by the office of
children and family services and the division of criminal justice
services. The authorized agency shall provide to the applicant blank
fingerprint cards and a description of how the completed fingerprint
cards will be used upon submission to the authorized agency. The authorized agency shall promptly transmit such fingerprint cards to the office
of children and family services. The office of children and family
services shall promptly submit such fingerprint cards and the processing
fee imposed pursuant to subdivision eight-a of section eight hundred
thirty-seven of the executive law to the division of criminal justice
services for its full search and retain processing. Notwithstanding any
other provision of law to the contrary, the processing fee shall be
submitted by the office of children and family services and no part
thereof shall be charged to the prospective foster parent [or], prospective adoptive parent, prospective successor guardian or any person over
the age of eighteen who currently resides in the home of such prospective foster parent [or], prospective adoptive parent or prospective
successor guardian who submitted a fingerprint card pursuant to this
subdivision.
(c) The division of criminal justice services shall promptly provide
to the office of children and family services a criminal history record,
if any, with respect to the prospective foster parent [or], prospective
adoptive parent or prospective successor guardian and any other person
over the age of eighteen who resides in the home of the prospective
foster parent [or] , prospective adoptive parent or prospective successor guardian, or a statement that the individual has no criminal history
record.
(d) Notwithstanding any other provision of law to the contrary, the
office of children and family services, upon receipt of a criminal
history record from the division of criminal justice services, may
request, and is entitled to receive, information pertaining to any
offense contained in such criminal history record from any state or
local law enforcement agency or court for the purposes of determining
whether any ground relating to such criminal conviction or pending criminal charge exists for denying an application.
(e) After reviewing any criminal history record information provided
by the division of criminal justice services, the office of children and
family services shall promptly notify the authorized agency or other
state agency that:
(1) Notwithstanding any other provision of law to the contrary, an
application for certification or approval of a prospective foster parent
or prospective adoptive parent shall be denied and, in the event of

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death or incapacity of a relative guardian, an agreement to provide
payments to a prospective successor guardian pursuant to title ten of
this article shall not be approved pursuant to subparagraph (ii) of
paragraph (b) of subdivision five of section four hundred fifty-eight-b
of this article, as applicable, where a criminal history record of the
prospective foster parent [or], prospective adoptive parent or prospective successor guardian, as applicable, reveals a conviction for:
(A) a felony conviction at any time involving: (i) child abuse or
neglect; (ii) spousal abuse; (iii) a crime against a child, including
child pornography; or (iv) a crime involving violence, including rape,
sexual assault, or homicide, other than a crime involving physical
assault or battery; or
(B) a felony conviction within the past five years for physical
assault, battery, or a drug-related offense; or
(2) Notwithstanding any other provision of law to the contrary, a
final determination of an application for certification or approval of a
prospective foster parent or prospective adoptive parent and, in
relation to prospective successor guardians, approval pursuant to
subparagraph (ii) of paragraph (b) of subdivision five of section four
hundred fifty-eight-b of this article shall be held in abeyance whenever
the criminal history record of the prospective foster parent [or],
prospective adoptive parent or prospective successor guardian, as applicable, reveals:
(A) a charge for a crime set forth in subparagraph one of this paragraph which has not been finally resolved; or
(B) a felony conviction that may be for a crime set forth in subparagraph one of this paragraph. An authorized agency may proceed with a
determination of such application, in a manner consistent with this
subdivision, only upon receiving subsequent notification from the office
of children and family services regarding the status of such charge or
the nature of such conviction; or
(3) consistent with the provisions of article twenty-three-A of the
correction law, an application for certification or approval of a
prospective foster parent or prospective adoptive parent may[, consistent with the provisions of article twenty-three-A of the correction law,
be denied] be denied, an agreement to provide payments to a prospective
successor guardian pursuant to title ten of this article may not be
approved pursuant to subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred fifty-eight-b of this article, as applicable, where:
(A) a criminal history record of the prospective foster parent [or],
prospective adoptive parent or prospective successor guardian reveals a
charge or a conviction of a crime other than one set forth in subparagraph one of this paragraph; or
(B) a criminal history record of any other person over the age of
eighteen who resides in the home of the prospective foster parent [or],
prospective adoptive parent or prospective successor guardian reveals a
charge or a conviction of any crime; or
(4) Notwithstanding any other provision of law to the contrary, an
application for renewal of the certification or approval of a foster
parent submitted on or after October first, two thousand eight shall be
denied based on the conviction of the foster parent of a crime set forth
in subparagraph one of this paragraph where such conviction occurred on
or after October first, two thousand eight; or
(5) Notwithstanding any other provision of law to the contrary, the
certification or approval of a foster parent, or the approval of an

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adoptive parent who has not completed the adoption process, shall be
revoked based on the conviction of the foster parent or the adoptive
parent of a crime set forth in subparagraph one of this paragraph; or
(6) the prospective foster parent [or], prospective adoptive parent or
prospective successor guardian and any person over the age of eighteen
who is residing in the home of the prospective foster parent [or],
prospective adoptive parent or prospective successor guardian has no
criminal history record.
(f) Except as otherwise set forth in this paragraph, any notification
by the office of children and family services pursuant to paragraph (e)
of this subdivision shall include a summary of the criminal history
record provided by the division of criminal justice services, including,
but not limited to, the specific crime or crimes for which the prospective foster parent or parents, adoptive parent or parents or prospective
successor guardian or guardians or any adults over the age of eighteen
living in the home have been charged or convicted, as applicable. When
responding to an inquiry from a voluntary authorized agency or other
non-public agency with respect to the results of a national criminal
history check performed by the federal bureau of investigation, the
office of children and family services shall advise the voluntary
authorized agency or other non-public agency of the category or categories of crime or crimes and shall not provide the voluntary authorized
agency or other non-public agency with the specific crime or crimes
absent the written consent of the person for whom the national criminal
history check was performed.
(g) When an authorized agency has denied an application [pursuant to]
or approval in accordance with the provisions of paragraph (e) of this
subdivision, the authorized agency shall provide to the applicant a
written statement setting forth the reasons for such denial, including,
as authorized by paragraph (f) of this subdivision, the summary of the
criminal history record provided to the authorized agency by the office
of children and family services. The authorized agency shall also
provide a description of the division of criminal justice services'
record review process and any remedial processes provided by the office
of children and family services to any prospective foster parent [or],
prospective adoptive parent or prospective successor guardian. If the
applicant is disqualified under item (ii) of clause (A) of subparagraph
one of paragraph (e) of this subdivision, then the applicant may apply
for relief from the mandatory disqualification based on the grounds that
the offense was not spousal abuse as that term is defined in paragraph
(j) of this subdivision.
(h) Where a criminal history record of the certified or approved
foster parent, prospective adoptive parent or of any other person over
the age of eighteen who resides in the home of the certified or approved
foster parent or prospective adoptive parent reveals a charge or
conviction of any crime, the authorized agency shall perform a safety
assessment of the conditions in the household. Such assessment shall
include: whether the subject of the charge or conviction resides in the
household; the extent to which such person may have contact with foster
children or other children residing in the household; and the status,
date and nature of the criminal charge or conviction. The authorized
agency shall thereafter take all appropriate steps to protect the health
and safety of such child or children, including, when appropriate, the
removal of any foster child or children from the home. Where the authorized agency denies the application or revokes the approval or certification of the foster parent or the prospective adoptive parent in

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accordance with the standards set forth in paragraph (e) of this subdivision, such authorized agency shall remove any foster child or children
from the home of the foster parent or the prospective adoptive parent.
(i) Any criminal history record provided by the division of criminal
justice services, and any summary of the criminal history record
provided by the office of children and family services to an authorized
agency pursuant to this subdivision, is confidential and shall not be
available for public inspection; provided, however, nothing herein shall
prevent an authorized agency, the office of children and family services
or other state agency referenced in paragraph (a) of this subdivision
from disclosing criminal history information to any administrative or
judicial proceeding relating to the denial or revocation of a certification or approval of a foster parent or an adoptive parent or the
removal of the foster child from the home or the failure to approve a
prospective successor guardian pursuant to subparagraph (ii) of paragraph (b) of subdivision five of section four hundred fifty-eight-b of
this article or the termination of an agreement for payments pursuant to
title ten of this article that is made in accordance with paragraph (h)
of subdivision four of section four hundred fifty-eight-b of this article. Where there is a pending court case, the authorized agency which
received the criminal history record summary from the office of children
and family services, shall provide a copy of such summary to the family
court or surrogate's court.
(j) For the purposes of this subdivision "spousal abuse" is an offense
defined in section 120.05, 120.10, 121.12 or 121.13 of the penal law
where the victim of such offense was the defendant's spouse; provided,
however, spousal abuse shall not include a crime in which the prospective foster parent [or], prospective adoptive parent or prospective
successor guardian, who was the defendant, has received notice pursuant
to paragraph (g) of this subdivision and the office of children and
family services finds after a fair hearing held pursuant to section
twenty-two of this chapter, that he or she was the victim of physical,
sexual or psychological abuse by the victim of such offense and such
abuse was a factor in causing the prospective foster parent [or],
prospective adoptive parent or prospective successor guardian to commit
such offense.
(k) The office of children and family services shall inform the division of criminal justice services when a person is no longer certified
or approved as a foster parent or is no longer a prospective adoptive
parent so that the division of criminal justice services may terminate
its retain processing with regard to such person and any person over the
age of eighteen who is residing in the home of the foster parent or
prospective adoptive parent. At least once a year, the office of children and family services will be required to conduct a validation of the
records maintained by the division of criminal justice services.
(l) The office of children and family services, in consultation with
the division of criminal justice services, shall promulgate regulations
for the purpose of implementing the provisions of this subdivision
relating to the standards for the certification or approval of foster
parents or adoptive parents.
11. Subparagraph (z) of paragraph (A) of subdivision 4 of section
422 of the social services law, as amended by chapter 440 of the laws of
2011, is amended to read as follows:
(z) an entity with appropriate legal authority in another state to
license, certify or otherwise approve prospective foster [and] parents,
prospective adoptive parents, prospective relative guardians or prospec-

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tive successor guardians where disclosure of information regarding [the]
such prospective foster or prospective adoptive parents or prospective
relative or prospective successor guardians and other persons over the
age of eighteen residing in the home of such [prospective parents]
persons is required [by paragraph twenty of subdivision (a) of section
six hundred seventy-one of title forty-two of the United States code]
under title IV-E of the federal social security act; and
12. Paragraph (a) of subdivision 1 of section 424-a of the social
services law, as amended by chapter 126 of the laws of 2014, is amended
to read as follows:
(a) A licensing agency shall inquire of the department and the department shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether an
applicant for a certificate, license or permit, assistants to group
family day care providers, the director of a camp subject to the
provisions of article thirteen-B of the public health law, a prospective
successor guardian when a clearance is conducted pursuant to paragraph
(d) of subdivision two of section four hundred fifty-eight-b of this
article, and any person over the age of eighteen who resides in the home
of a person who has applied to become an adoptive parent or a foster
parent or to operate a family day care home or group family day care
home or any person over the age of eighteen residing in the home of a
prospective successor guardian when a clearance is conducted of a
prospective successor guardian pursuant to this paragraph, has been or
is currently the subject of an indicated child abuse and maltreatment
report on file with the statewide central register of child abuse and
maltreatment.
13. Subdivision 2 of section 424-a of the social services law, as
amended by chapter 677 of the laws of 1985, paragraph (a) as amended by
chapter 126 of the laws of 2014, paragraph (d) as amended by chapter 12
of the laws of 1996, and paragraph (e) as amended by chapter 634 of the
laws of 1988, is amended to read as follows:
2. (a) Upon notification by the office or by a child care resource and
referral program in accordance with subdivision six of this section that
any person who has applied to a licensing agency for a license, certificate or permit or who seeks to become an employee of a provider agency,
or to accept a child for adoptive placement or who will be hired as a
consultant or used as a volunteer by a provider agency, or that any
other person about whom an inquiry is made to the office pursuant to the
provisions of this section is the subject of an indicated report, the
licensing or provider agency shall determine on the basis of information
it has available whether to approve such application or retain the
employee or hire the consultant or use the volunteer or permit an
employee of another person, corporation, partnership or association to
have access to the individuals cared for by the provider agency,
provided, however, that if such application is approved, or such employee is retained or consultant hired or volunteer used or person permitted
to have access to the children cared for by such agency the licensing or
provider agency shall maintain a written record, as part of the application file or employment record, of the specific reasons why such person
was determined to be appropriate to receive a foster care or adoption
placement or to provide day care services, to be the director of a camp
subject to the provisions of article thirteen-B of the public health
law, to be approved as a successor guardian in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred
fifty-eight-b of this article, to be employed, to be retained as an

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employee, to be hired as a consultant, used as a volunteer or to have
access to the individuals cared for by the agency.
(b) (i) Upon denial of such application by a licensing or a provider
agency or failure to hire the consultant or use the volunteer, or denial
of access by a person to the children cared for by the agency, or failure to approve a successor guardian in accordance with subparagraph (ii)
of paragraph (b) of subdivision five of section four hundred fiftyeight-b of this article, such agency shall furnish the applicant,
prospective consultant, volunteer or person who is denied access to the
children cared for by the agency with a written statement setting forth
whether its denial, failure to hire or failure to use was based, in
whole or in part, on such indicated report, and if so, its reasons for
the denial or failure to hire or failure to use.
(ii) Upon the termination of employment of an employee of a provider
agency, who is the subject of an indicated report of child abuse or
maltreatment on file with the statewide central register of child abuse
and maltreatment, the agency shall furnish the employee with a written
statement setting forth whether such termination was based, in whole or
in part, on such indicated report and, if so, the reasons for the termination of employment.
(c) If the reasons for such denial or termination or failure to hire a
consultant or use a volunteer or failure to approve a successor guardian
in accordance with subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred fifty-eight-b of this article include the
fact that the person is the subject of an indicated child abuse or
maltreatment report, such person may request from the department within
ninety days of receipt of notice of such denial, termination, failure to
hire a consultant or use a volunteer and shall be granted a hearing in
accordance with the procedures set forth in section twenty-two of this
chapter relating to fair hearings. All hearings held pursuant to the
provisions of this subdivision shall be held within thirty days of a
request for the hearing unless the hearing is adjourned for good cause
shown. Any subsequent adjournment for good cause shown shall be granted
only upon consent of the person who requested the hearing. The hearing
decision shall be rendered not later than sixty days after the conclusion of the hearing.
(d) At any such hearing, the sole question before the department shall
be whether the applicant, employee, prospective consultant, volunteer,
prospective successor guardian or person who was denied access to the
children cared for by a provider agency has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse
or maltreatment giving rise to the indicated report. In such hearing,
the burden of proof on the issue of whether an act of child abuse or
maltreatment was committed shall be upon the local child protective
service or the state agency which investigated the report, as the case
may be. The failure to sustain the burden of proof at a hearing held
pursuant to this section shall not result in the expungement or unfounding of an indicated report but shall be noted on the report maintained
by the state central register and shall preclude the department from
notifying a party which subsequently makes an inquiry to the department
pursuant to this section that the person about whom the inquiry is made
is the subject of an indicated report.
(e) Upon the failure, at the fair hearing held pursuant to this
section, to prove by a fair preponderance of the evidence that the
applicant committed the act or acts of child abuse or maltreatment
giving rise to the indicated report, the department shall notify the

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provider or licensing agency which made the inquiry pursuant to this
section that it should reconsider any decision to discharge an employee,
or to deny the subject's application for employment, or to become an
adoptive parent, or to become a successor guardian, or for a certificate, license or permit; or not to hire a consultant, use a volunteer,
or allow access to children cared for by the agency.
14. Subdivision 4 of section 424-a of the social services law, as
amended by chapter 126 of the laws of 2014, is amended to read as
follows:
4. For purposes of this section, the term "licensing agency" shall
mean an authorized agency which has received an application to become an
adoptive parent or an authorized agency which has received an application for a certificate or license to receive, board or keep any child
pursuant to the provisions of section three hundred seventy-six or three
hundred seventy-seven of this article or an authorized agency which has
received an application from a relative within the second degree or
third degree of consanguinity of the parent of a child or a relative
within the second degree or third degree of consanguinity of the stepparent of a child or children, or the child's legal guardian for
approval to receive, board or keep such child, or an authorized agency
that conducts a clearance pursuant to paragraph (d) of subdivision two
of section four hundred fifty-eight-b of this article, or a state or
local governmental agency which receives an application to provide child
day care services in a child day care center, school-age child care
program, family day care home or group family day care home pursuant to
the provisions of section three hundred ninety of this article, or the
department of health and mental hygiene of the city of New York, when
such department receives an application for a certificate of approval to
provide child day care services in a child day care center pursuant to
the provisions of the health code of the city of New York, or the office
of mental health or the office for people with developmental disabilities when such office receives an application for an operating certificate pursuant to the provisions of the mental hygiene law to operate a
family care home, or a state or local governmental official who receives
an application for a permit to operate a camp which is subject to the
provisions of article thirteen-B of the public health law or the office
of children and family services which has received an application for a
certificate to receive, board or keep any child at a foster family home
pursuant to articles nineteen-G and nineteen-H of the executive law or
any other facility or provider agency, as defined in subdivision four of
section four hundred eighty-eight of this chapter, in regard to any
licensing or certification function carried out by such facility or
agency.
15. Subdivision 1 of section 1707 of the surrogate's court procedure
act, as amended by section 11 of part F of chapter 58 of the laws of
2010, is amended to read as follows:
1. If the court be satisfied that the interests of the infant will be
promoted by the appointment of a guardian or by the issuance of temporary letters of guardianship of his or her person or of his or her property, or of both, it must make a decree accordingly. If the court determines that appointment of a permanent guardian is in the best interests
of the infant or child, the court shall issue a decree appointing such
guardian. The same person may be appointed guardian of both the person
and the property of the infant or the guardianship of the person and of
the property may be committed to different persons.
The court may
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nated by the petitioner. When the court is informed that the infant, a
person nominated to be a guardian of such infant, the petitioner, or any
individual eighteen years of age or over who resides in the home of the
proposed guardian is a subject of or another person named in an indicated report, as such terms are defined in section four hundred twelve
of the social services law, filed with the statewide register of child
abuse and maltreatment pursuant to title six of article six of the
social services law or is or has been the subject of or the respondent
in or a party to a child protective proceeding commenced under article
ten of the family court act which resulted in an order finding that the
child is an abused or neglected child the court shall obtain such
records regarding such report or proceeding as it deems appropriate and
shall give the information contained therein due consideration in its
determination. The court shall provide in its order appointing a guardian of a child for whom the guardian and a local department of social
services have entered into an agreement under title ten of article six
of the social services law: (a) if the guardian would meet the definition of relative guardian as such term is defined in section four
hundred fifty-eight-a of the social services law, the compelling reasons
that exist for determining that the return home of the child and the
adoption of the child are not in the best interests of the child and
are, therefore, not appropriate permanency options for the child; and
(b) that the local department of social services and the attorney for
the child must receive notice of, and be made parties to, any subsequent
proceeding to vacate or modify the order of guardianship.
16. Paragraph (c) of subdivision 7 of section 353.3 of the family
court act, as amended by section 6 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
(c) Where the respondent is placed pursuant to subdivision two or
three of this section, such report shall contain a plan for the release,
or conditional release (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, [to independent living] or to another
permanency alternative as provided in paragraph (d) of subdivision seven
of section 355.5 of this part. If the respondent is subject to article
sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will be taking to facilitate the
enrollment of the respondent in a school or educational program leading
to a high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent is placed has
taken and will be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
17. Paragraph (b) of subdivision 7 of section 355.5 of the family
court act, as added by chapter 7 of the laws of 1999, is amended to read
as follows:
(b) in the case of a respondent who has attained the age of [sixteen]
fourteen, the services needed, if any, to assist the respondent to make
the transition from foster care to independent living;

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18. Paragraph (d) of subdivision 7 of section 355.5 of the family
court act, as amended by chapter 181 of the laws of 2000, is amended to
read as follows:
(d) with regard to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this [article] part: whether and
when the respondent: (i) will be returned to the parent; (ii) should be
placed for adoption with the local commissioner of social services
filing a petition for termination of parental rights; (iii) should be
referred for legal guardianship; (iv) should be placed permanently with
a fit and willing relative; or (v) should be placed in another planned
permanent living arrangement with a significant connection to an adult
willing to be a permanency resource for the respondent if the respondent
is age sixteen or older and (A) the office of children and family
services or the local commissioner of social services has documented to
the court [a]: (1) the intensive, ongoing, and, as of the date of the
hearing, unsuccessful efforts made to return the respondent home or
secure a placement for the respondent with a fit and willing relative
including adult siblings, a legal guardian, or an adoptive parent,
including through efforts that utilize search technology including
social media to find biological family members for children, (2) the
steps being taken to ensure that (I) the respondent's foster family home
or child care facility is following the reasonable and prudent parent
standard in accordance with guidance provided by the United States
department of health and human services, and (II) the respondent has
regular, ongoing opportunities to engage in age or developmentally
appropriate activities including by consulting with the respondent in an
age-appropriate manner about the opportunities of the respondent to
participate in activities; and (B) the office of children and family
services or the local commissioner of social services has documented to
the court and the court has determined that there are compelling
[reason] reasons for determining that it [would] continues to not be in
the best interest of the respondent to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and (C) the
court has made a determination explaining why, as of the date of this
hearing, another planned living arrangement
with
a
significant
connection to an adult willing to be a permanency resource for the
respondent is the best permanency plan for the respondent; and
19. Subdivision 8 of section 355.5 of the family court act, as added
by section 2 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:
8. At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan
for the respondent; provided, however, that if the respondent is age
sixteen or older and the requested permanency plan for the respondent is
placement in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the
respondent, the court must ask the respondent about the desired permanency outcome for the respondent.
20. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
754 of the family court act, as amended by chapter 7 of the laws of
1999, is amended to read as follows:
(ii) in the case of a child who has attained the age of [sixteen]
fourteen, the services needed, if any, to assist the child to make the
transition from foster care to independent living. Nothing in this
subdivision shall be construed to modify the standards for directing

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detention set forth in section seven hundred thirty-nine of this article.
21. The closing paragraph of paragraph (b) of subdivision 2 of
section 754 of the family court act, as added by chapter 7 of the laws
of 1999, is amended to read as follows:
If the court determines that reasonable efforts are not required
because of one of the grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court that such
efforts are not required. At the permanency hearing, the court shall
determine the appropriateness of the permanency plan prepared by the
social services official which shall include whether and when the child:
(A) will be returned to the parent; (B) should be placed for adoption
with the social services official filing a petition for termination of
parental rights; (C) should be referred for legal guardianship; (D)
should be placed permanently with a fit and willing relative; or (E)
should be placed in another planned permanent living arrangement with a
significant connection to an adult willing to be a permanency resource
for the child if the child is age sixteen or older and if the [social
services official has documented to the court a compelling reason for
determining that it would not be in the best interest of the child to
return home, be referred for termination of parental rights and placed
for adoption, placed with a fit and willing relative, or placed with a
legal guardian] requirements of subparagraph (E) of paragraph (iv) of
subdivision (d) of section seven hundred fifty-six-a of this part have
been met. The social services official shall thereafter make reasonable
efforts to place the child in a timely manner and to complete whatever
steps are necessary to finalize the permanent placement of the child as
set forth in the permanency plan approved by the court. If reasonable
efforts are determined by the court not to be required because of one of
the grounds set forth in this paragraph, the social services official
may file a petition for termination of parental rights in accordance
with section three hundred eighty-four-b of the social services law.
22. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 4 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
(ii) in the case of a child who has attained the age of [sixteen]
fourteen, the services needed, if any, to assist the child to make the
transition from foster care to independent living;
23. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
the family court act, as amended by section 4 of part B of chapter 327
of the laws of 2007, are amended to read as follows:
(iii) in the case of a child placed outside New York state, whether
the out-of-state placement continues to be appropriate and in the best
interests of the child; [and]
(iv) whether and when the child: (A) will be returned to the parent;
(B) should be placed for adoption with the social services official
filing a petition for termination of parental rights; (C) should be
referred for legal guardianship; (D) should be placed permanently with a
fit and willing relative; or (E) should be placed in another planned
permanent living arrangement with a significant connection to an adult
willing to be a permanency resource for the child if the child is age
sixteen or older and (1) the social services official has documented to
the court [a]: (I) intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the social services district to return
the child home or secure a placement for the child with a fit and willing relative including adult siblings, a legal guardian, or an adoptive

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parent, including through efforts that utilize search technology including social media to find biological family members for children, (II)
the steps the social services district is taking to ensure that (A) the
child's foster family home or child care facility is following the
reasonable and prudent parent standard in accordance with guidance
provided by the United States department of health and human services,
and (B) the child has regular, ongoing opportunities to engage in age or
developmentally appropriate activities including by consulting with the
child in an age-appropriate manner about the opportunities of the child
to participate in activities; and (2) the social services district has
documented to the court and the court has determined that there are
compelling [reason] reasons for determining that it [would] continues to
not be in the best interest of the child to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and (3) the
court has made a determination explaining why, as of the date of the
hearing,
another
planned
living arrangement with a significant
connection to an adult willing to be a permanency resource for the child
is the best permanency plan for the child; and
(v) where the child will not be returned home, consideration of appropriate in-state and out-of-state placements.
24. Subdivision (d-1) of section 756-a of the family court act, as
added by section 4 of part B of chapter 327 of the laws of 2007, is
amended to read as follows:
(d-1) At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan;
provided, however, that if the respondent is age sixteen or older and
the requested permanency plan for the respondent is placement in another
planned permanent living arrangement with a significant connection to an
adult willing to be a permanency resource for the respondent, the court
must ask the respondent about the desired permanency outcome for the
respondent.
25. Paragraph (v) of subdivision (c) of section 1039-b of the family
court act, as amended by section 5 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
(v) should be placed in another planned permanent living arrangement
with a significant connection to an adult willing to be a permanency
resource for the child if the child is age sixteen or older and if the
[social services official has documented to the court a compelling
reason for determining that it would not be in the best interests of the
child to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian] requirements of clause (E) of subparagraph (i) of
paragraph two of subdivision (d) of section one thousand eighty-nine of
this chapter have been met. The social services official shall thereafter make reasonable efforts to place the child in a timely manner,
including consideration of appropriate in-state and out-of-state placements, and to complete whatever steps are necessary to finalize the
permanent placement of the child as set forth in the permanency plan
approved by the court. If reasonable efforts are determined by the court
not to be required because of one of the grounds set forth in this paragraph, the social services official may file a petition for termination
of parental rights in
accordance
with
section
three
hundred
eighty-four-b of the social services law.
26. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of
subdivision (b) of section 1052 of the family court act, as amended by

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section 7 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:
(v) should be placed in another planned permanent living arrangement
that includes a significant connection to an adult [who is] willing to
be a permanency resource for the child, if the child is age sixteen or
older and if the [social services official has documented to the court a
compelling reason for determining that it would not be in the best
interest of the child to return home, be referred for termination of
parental rights and placed for adoption, placed with a fit and willing
relative, or placed with a legal guardian] requirements of clause (E) of
subparagraph (i) of paragraph two of subdivision (d) of section one
thousand eighty-nine of the chapter have been met. The social services
official shall thereafter make reasonable efforts to place the child in
a timely manner, including consideration of appropriate in-state and
out-of-state placements, and to complete whatever steps are necessary to
finalize the permanent placement of the child as set forth in the
permanency plan approved by the court. If reasonable efforts are determined by the court not to be required because of one of the grounds set
forth in this paragraph, the social services official may file a petition for termination of parental rights in accordance with section three
hundred eighty-four-b of the social services law.
27. Subparagraph (v) of paragraph 1 of subdivision (c) of section
1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended to read as follows:
(v) placement in another planned permanent living arrangement that
includes a significant connection to an adult who is willing to be a
permanency resource for the child if the child is age sixteen or older,
including documentation of: (A) intensive, ongoing, and, as of the date
of the hearing, unsuccessful efforts to return the child home or secure
a placement for the child with a fit and willing relative including
adult siblings, a legal guardian, or an adoptive parent, including
through efforts that utilize search technology including social media to
find biological family members for children, (B) the steps being taken
to ensure that (I) the child's foster family home or child care facility
is following the reasonable and prudent parent standard in accordance
with the guidance provided by the United States department of health and
human services, and (II) the child has regular, ongoing opportunities to
engage in age or developmentally appropriate activities including by
consulting with the child in an age-appropriate manner about the opportunities of the child to participate in activities, and (C) the compelling [reason] reasons for determining that it [would] continues to not
be in the best interests of the child to be returned home, placed for
adoption, placed with a legal guardian, or placed with a fit and willing
relative;
28. The opening paragraph of subdivision (d) of section 1089 of the
family court act, as amended by chapter 334 of the laws of 2009, is
amended to read as follows:
Evidence, court findings and order. The provisions of subdivisions (a)
and (c) of section one thousand forty-six of this act shall apply to all
proceedings under this article. The permanency hearing shall include an
age appropriate consultation with the child; provided, however that if
the child is age sixteen or older and the requested permanency plan for
the child is placement in another planned permanent living arrangement
with a significant connection to an adult willing to be a permanency
resource for the child, the court must ask the child about the desired
permanency outcome for the child. At the conclusion of each permanency

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hearing, the court shall, upon the proof adduced, [which shall include
age-appropriate consultation with the child who is the subject of the
permanency hearing,] and in accordance with the best interests and safety of the child, including whether the child would be at risk of abuse
or neglect if returned to the parent or other person legally responsible, determine and issue its findings, and enter an order of disposition
in writing:
29. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
of section 1089 of the family court act, as added by section 27 of part
A of chapter 3 of the laws of 2005, is amended to read as follows:
(E) placement in another planned permanent living arrangement that
includes a significant connection to an adult willing to be a permanency
resource for the child if the [local social services official has documented to] child is age sixteen or older and the court [a] has determined that as of the date of the permanency hearing, another planned
permanency living arrangement with a significant connection to an adult
willing to be a permanency resource for the child is the best permanency
plan for the child and there are compelling [reason] reasons for determining that it [would] continues to not be in the best interests of the
child to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian;
30. Subdivision 2 of section 4173 of the public health law, as
amended by chapter 644 of the laws of 1988, is amended to read as
follows:
2. A certified copy or certified transcript of a birth record shall be
issued only upon order of a court of competent jurisdiction or upon a
specific request therefor by the person, if eighteen years of age or
more, or by a parent or other lawful representative of the person to
whom the record of birth relates including an authorized representative
of the office of children and family services or a local social services
district if the person is in the care and custody or custody and guardianship of such entity.
31. Paragraph (b) of subdivision 1 of section 4174 of the public
health law, as amended by chapter 396 of the laws of 1989, is amended to
read as follows:
(b) issue certified copies or certified transcripts of birth certificates only (1) upon order of a court of competent jurisdiction, or (2)
upon specific request therefor by the person, if eighteen years of age
or more, or by a parent or other lawful representative of the person, to
whom the record of birth relates including authorized representatives of
a local social services district if the person is in the care and custody or custody and guardianship of such district, or (3) upon specific
request therefor by a department of a state or the federal government of
the United States;
32. Subdivision 4 of section 4174 of the public health law, as
amended by section 132 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
4. No fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes of public relief or
when required by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made available by the veterans administration or when required by a board of
elections for the purposes of determining voter eligibility or when
requested by the department of corrections and community supervision or

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a local correctional facility as defined in subdivision sixteen of
section two of the correction law for the purpose of providing a certified copy or certified transcript of birth to an inmate in anticipation
of such inmate's release from custody or when requested by the office of
children and family services or an authorized agency for the purpose of
providing a certified copy or certified transcript of birth to a youth
placed in the care and custody or custody and guardianship of the local
commissioner of social services or the care and custody or custody and
guardianship of the office of children and family services [pursuant to
article three of the family court act] in anticipation of such youth's
discharge from placement or foster care.
33. Subdivision 1 of section 837-e of the executive law, as amended
by chapter 690 of the laws of 1994, is amended to read as follows:
1. There is hereby established through electronic data processing and
related procedures, a statewide central register for missing children
which shall be compatible with the national crime information center
register maintained pursuant to the federal missing children act of
nineteen hundred eighty-two[, such missing]. As used in this article,
the term missing child [hereinafter defined as] shall mean any person
under the age of eighteen years, or any youth, under the age of twentyone years, that the office of children and family services or a local
department of social services has responsibility for placement, care, or
supervision, or who is the subject child of a child protective investigation, or is receiving preventive services or services under section
477 of the Social Security Act, or has run away from foster care, where
such office or department has reasonable cause to believe that such
youth is, or is at risk of being, a sex trafficking victim, who is missing from his or her normal and ordinary place of residence and whose
whereabouts cannot be determined by a person responsible for the child's
care and any child known to have been taken, enticed or concealed from
the custody of his or her lawful guardian by a person who has no legal
right to do so.
34. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been included
herein.
35. This act shall take effect immediately, provided however that
sections sixteen through thirty-two of this act shall take effect
September 1, 2015 and section thirty-three of this act shall take effect
January 1, 2016.
PART M
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the rural rental
assistance program, a sum not to exceed twenty-one million six hundred
forty-two thousand dollars for the fiscal year ending March 31, 2016.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize the transfer to

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the housing trust fund corporation, for the purposes of reimbursing any
costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed twenty-one million six
hundred forty-two thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015. Notwithstanding any other provision of
law, such funds may be used by the corporation in support of contracts
scheduled to expire in the fiscal year ending March 31, 2016 for as many
as 10 additional years; in support of contracts for new eligible
projects for a period not to exceed 5 years; and in support of contracts
which reach their 25 year maximum in and/or prior to the fiscal year
ending March 31, 2016 for an additional one year period.
2. Notwithstanding any other provision of law, the housing finance
agency may provide, for costs associated with the rehabilitation of
Mitchell Lama housing projects, a sum not to exceed forty-two million
dollars for the fiscal year ending March 31, 2016. Notwithstanding any
other provision of law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund created pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
mortgage insurance fund to the housing finance agency, for the purposes
of reimbursing any costs associated with Mitchell Lama housing projects
authorized by this section, a total sum not to exceed forty-two million
dollars as soon as practicable but no later than March 31, 2016.
3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed eight million four hundred seventynine thousand dollars for the fiscal year ending March 31, 2016. Within
this total amount, one hundred fifty thousand dollars shall be used for
the purpose of entering into a contract with the neighborhood preservation coalition to provide technical assistance and services to companies
funded pursuant to article XVI of the private housing finance law.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing any
costs
associated with neighborhood preservation program contracts
authorized by this section, a total sum not to exceed eight million four
hundred seventy-nine thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
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ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.
4. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed three million five hundred thirty-nine
thousand dollars for the fiscal year ending March 31, 2016. Within this
total amount, one hundred fifty thousand dollars shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article XVII of the private housing finance law. Notwithstanding any
other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any costs associated
with rural preservation program contracts authorized by this section, a
total sum not to exceed three million five hundred thirty-nine thousand
dollars, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2014-2015 in accordance with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than June 30,
2015.
5. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural and urban community investment fund program created pursuant to article XXVII of the
private housing finance law, a sum not to exceed seventeen million
dollars for the fiscal year ending March 31, 2016. Notwithstanding any
other provision of law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund created pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
mortgage insurance fund to the housing trust fund corporation, for the
purposes of reimbursing any costs associated with rural and urban community investment fund program contracts authorized by this section, a
total sum not to exceed seventeen million dollars as soon as practicable
but not later than March 31, 2016.

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6. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for the purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law, a sum not to exceed
seven million five hundred thousand dollars for the fiscal year ending
March 31, 2016. Notwithstanding any other provision of law, and provided
that reserves in the project pool insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as
determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the board of directors of the state
of New York mortgage agency shall authorize the transfer from the
project pool insurance account of the mortgage insurance fund to the
housing trust fund corporation, for the purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law authorized by this
section, a total sum not to exceed seven million five hundred thousand
dollars as soon as practicable but no later than March 31, 2016.
7. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the homes for working
families program for deposit in the housing trust fund created pursuant
to section 59-a of the private housing finance law and subject to the
provisions of article XVIII of the private housing finance law, a sum
not to exceed eight million five hundred thousand dollars for the fiscal
year ending March 31, 2016. Notwithstanding any other provision of law,
and provided that the reserves in the project pool insurance account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law are sufficient to attain and maintain the credit
rating (as determined by the state of New York mortgage agency) required
to accomplish the purposes of such account, the board of directors of
the state of New York mortgage agency shall authorize the transfer from
the project pool insurance account of the mortgage insurance fund to the
housing trust fund corporation, for the purposes of reimbursing any
costs associated with homes for working families program contracts
authorized by this section, a total sum not to exceed eight million five
hundred thousand dollars as soon as practicable but no later than March
31, 2016.
8. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qualified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed sixteen million three hundred
forty thousand dollars for the fiscal year ending March 31, 2016. The
homeless housing and assistance corporation may enter into an agreement
with the office of temporary and disability assistance to administer
such sum in accordance with the requirements of the programs. Notwithstanding any other provision of law, and subject to the approval of the
director of the budget, the board of directors of the state of New York
mortgage agency shall authorize the transfer to the homeless housing and
assistance corporation, a total sum not to exceed sixteen million three
hundred forty thousand dollars, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
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agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2016.
9. This act shall take effect immediately.
PART N
Intentionally Omitted
PART O
Section 1. The labor law is amended by adding a new section 202-m to
read as follows:
202-m. Healthcare professionals who volunteer to fight the Ebola
virus disease overseas. 1. Findings and policy of the state. It is hereby found and declared that the Ebola virus disease is a rare and potentially deadly disease caused by infection with one of four Ebola virus
strains known to cause disease in humans, that the World Health Organization has declared that the current Ebola virus disease outbreak in
West Africa constitutes a public health emergency of international
concern, and that the centers for disease control and prevention of the
United States department of health and human services has reported that
the number of future Ebola virus disease cases will reach extraordinary
levels without a scale-up of interventions. It is hereby declared to be
the policy of the state to work with its international partners to help
eradicate the Ebola virus disease by supporting the dedicated New York
state healthcare professionals who seek to provide invaluable help to
this effort.
2. Bill of rights. A healthcare professional who volunteers to fight
Ebola is protected by existing state laws that prohibit discrimination
on the basis of an actual or perceived disability. Upon return from
fighting Ebola overseas, a healthcare professional will be provided with
a bill of rights outlining these existing anti-discrimination laws. In
addition to these existing anti-discrimination laws, and in accordance
with the provisions of this section, healthcare professionals shall have
the right to seek a leave of absence to volunteer to fight Ebola overseas without adverse employment consequences.
3. Definitions. For the purposes of this section, the following terms
shall have the following meanings:
(a) "Employee" means any individual healthcare professional who
performs services for hire for an employer but shall not include an
independent contractor.
(b) "Employer" means a person or entity that employs a healthcare
professional and includes an individual, corporation, limited liability
company, partnership, association, nonprofit organization, group of
persons, county, town, city, school district, public authority, state
agency, or other governmental subdivision of any kind.
(c) "Fight Ebola" means to serve as a healthcare professional in a
country that has been classified as having widespread transmission of

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the Ebola virus disease by the centers for disease control and
prevention of the United States department of health and human services.
(d) "Healthcare professional" means:
(i) a physician licensed pursuant to article one hundred thirty-one of
the education law;
(ii) a physician assistant licensed pursuant to article one hundred
thirty-one-B of the education law;
(iii) a nurse practitioner licensed pursuant to article one hundred
thirty-nine of the education law;
(iv) a registered professional nurse licensed pursuant to article one
hundred thirty-nine of the education law; and
(v) other healthcare professions as added by the commissioner pursuant
to subdivision thirteen of this section.
(e) "Leave of absence" means time away from work that is excused. Such
time shall be unpaid, unless the employee requests that such time, or a
portion thereof, be paid pursuant to a charge against paid leave that
has accrued to such employee.
(f) "Undue hardship" means an absence requiring significant expense or
difficulty, including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority
system. Factors to be considered in determining whether an absence
constitutes an undue economic hardship shall include, but not be limited
to the identifiable cost of the absence, including the costs of loss of
productivity and of retraining, hiring or transfer of employees, in
relation to the size and operating costs of the employer and other known
or reasonably foreseeable absences, the overall financial resources of
the employer, the number of employees at the employee's facility, the
employee's role within the facility, the type of operation of the
employer, including the structure and functions of the employee within
it, the impact on the operation of the employer, and the employer's
ability to hire temporary or new employees with the requisite skills to
ensure the employer's continued operations.
(g) "Volunteer" means to freely offer services to fight Ebola and
includes such services without regard to whether they are compensated.
4. Leave of absence by healthcare professionals who volunteer to fight
Ebola. An employee covered by this section has the right to request a
leave of absence to volunteer to fight Ebola from his or her employer as
herein provided. An employer shall grant such request for a leave of
absence to volunteer to fight Ebola, unless the employee's absence
imposes an undue hardship on the employer's business or operations.
5. Duration of the leave of absence. (a) The duration of the leave of
absence shall be the full time period requested by the employee, which
shall include travel time, service volunteering to fight Ebola, and a
reasonable period of rest and recovery. If the employer determines that
an absence for that full period of time would constitute an undue hardship, the employer and employee shall work together to determine whether
there is a shorter period of time that would not constitute an undue
hardship that would still allow the employee to volunteer to fight
Ebola. If the employer and employee agree on a shorter period, that
shall be the duration of the leave of absence under this paragraph.
Otherwise, if they are unable to agree on a shorter period, the leave of
absence shall be deemed denied.
(b) The duration of leave of absence, as determined pursuant to paragraph (a) of this subdivision shall be extended to include any additional period of time that the employee becomes subject to a mandatory

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quarantine period imposed at the end of the employee's voluntary service
to fight Ebola.
6. Leave of absence request. An employee's request for a leave of
absence pursuant to this section shall be made, in writing, to his or
her employer at least twenty-one days prior to the employee's proposed
start date of such leave of absence. The employee's request shall, at a
minimum:
(a) identify the duration of leave sought, including the anticipated
start and end dates of the volunteer service, together with any additional time sought for transportation and for rest prior to returning to
work;
(b) identify the service to be volunteered, including the country and
the organization with whom the employee will be volunteering; and
(c) certify that such service constitutes volunteering to fight Ebola,
within the meaning of this section.
7. Notarization. Upon the employer's request, an employee who has been
granted a leave of absence in accordance with this section shall provide
his or her employer with a notarized statement from the organization or
entity with whom the employee will be volunteering. The statement shall:
(a) identify the anticipated start and end dates of the volunteer
service and the terms of service, including any compensation and benefits to be provided;
(b) identify the service to be volunteered, including the country and
the organization with whom the employee will be volunteering; and
(c) certify that such service constitutes volunteering to fight Ebola,
within the meaning of this section.
8. Benefits during leave. Employees who take leave under this section
shall be restored at the completion of such leave to the same or comparable position without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to
established rules and practices relating to employees on furlough or
leave of absence in effect with the employer at the time such employee
made request to take leave of absence as provided in this section.
9. Retaliation prohibited. An employer shall not retaliate against an
employee for requesting or obtaining a leave of absence as provided by
this section.
10. Retention of benefits. The provisions of this section shall not
affect or prevent an employer from providing leave in addition to leave
allowed under any other provision of law. The provisions of this section
shall not affect an employee's rights with respect to any other employee
benefit provided by law, rule or regulation.
11. Collective bargaining. Nothing set forth in this section shall be
construed to impede, infringe, or diminish the rights and benefits that
accrue to employees through bona fide collective bargaining agreements,
or otherwise diminish the integrity of an existing collective bargaining
agreement.
12. Review of denial of leave. An employee whose request for leave
under this section has been denied may petition the commissioner for
review of such denial, which review shall be expeditiously conducted.
13. Rules and regulations. The commissioner shall promulgate such
rules and regulations as may be necessary for the purposes of carrying
out the provisions of this section.
2. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that subdivision four of section
202-m of the labor law, as added by section one of this act, shall

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expire and be deemed repealed December 1, 2016, and provided, further
that this act shall expire and be deemed repealed December 1, 2018.
PART P
Section 1. Subdivision 3 of section 204 of the labor law, as amended
by section 2 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
3. Fees. A fee of two hundred dollars shall be charged the owner or
lessee of each boiler internally inspected and seventy-five dollars for
each boiler externally inspected by the commissioner, provided however,
that the external inspection of multiple boilers connected to a common
header or of separate systems owned or leased by the same party and
located in the same building, with a combined input which is 300,000
BTU/hour or less, shall be charged a single inspection fee, and further
provided that, not more than two hundred seventy-five dollars shall be
charged for the inspection of any one boiler for any year; except that
[in the case] no fee shall be charged for internal or external
inspections by the commissioner of an antique steam engine maintained as
a hobby and displayed at agricultural fairs and other gatherings[, a fee
of twenty-five dollars only shall be charged the owner or lessee thereof
for each boiler internally inspected by the commissioner and a fee of
twenty-five dollars only shall be charged for each boiler externally
inspected by the commissioner, but not more than fifty dollars shall be
charged for the inspection of any one such boiler for any year, and
except that in the case] or of a miniature boiler [a fee of fifty
dollars only shall be charged for the inspection of any one such boiler
for any year. Such fee shall be payable within thirty days after
inspection].
2. Subdivision 1 of section 212-b of the labor law, as amended by
section 6 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. No person shall operate a farm labor camp commissary, or cause or
allow the operation of a farm labor camp commissary, without a permit
from the commissioner to do so, and unless such permit is in full force
and effect. Application for such permit shall be made on a form
prescribed by the commissioner [and shall be accompanied by a non-refundable fee of forty dollars].
3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, as amended by
section 12 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. Employers in defense work may make applications for dispensation
pursuant to this article in such manner and upon such forms as the
commissioner of labor shall prescribe.
[Each application shall be
accompanied by a non-refundable fee of forty dollars payable to the
commissioner.] The commissioner of labor may, after hearing upon due
notice, revoke dispensations not necessary to maintain maximum possible
production in defense work.
4. Subdivision 5 of section 161 of the labor law, as amended by
section 1 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
5. If there shall be practical difficulties or unnecessary hardship in
carrying out the provisions of this section or the rules promulgated
hereunder, the commissioner may make a variation therefrom if the spirit
of the act be observed and substantial justice done. Such variation

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shall describe the conditions under which it shall be permitted and
shall apply to substantially similar conditions. A properly indexed
record of variations shall be kept by the department. [Each application
for a variation shall be accompanied by a non-refundable fee of forty
dollars.]
5. Paragraph b of subdivision 4 of section 212-a of the labor law,
as amended by section 5 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such registration shall be made on a form
prescribed by the commissioner, shall contain information on wages,
working conditions, housing, and on such other matters as the commissioner may prescribe [and shall be accompanied by a non-refundable fee
of forty dollars]. Copies of the application, or summaries thereof
containing the above information, shall be made available by the commissioner to the registrant, and the registrant shall give a copy to each
worker, preferably at the time of recruitment, but in no event later
than the time of arrival in this state. A copy shall also be kept posted
at all times in a conspicuous place in any camp in which such workers
are housed.
6. Paragraph b of subdivision 2 of section 212-a of the labor law,
as amended by section 4 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such certificate of registration shall be made
on a form prescribed by the commissioner, shall contain information on
wages, working conditions, housing and on such other matters as the
commissioner may prescribe [and shall be accompanied by a non-refundable
fee of two hundred dollars]. It shall be countersigned by each grower or
processor who utilizes the services of such farm labor contractor, as
provided in subdivision three of this section. Copies of the application, or summaries thereof containing the above information, shall be
made available by the commissioner to the registrant, and the registrant
shall give a copy to each worker, preferably at the time of recruitment,
but in no event later than the time of arrival in this state if the
worker comes from outside of the state, or the time of commencement of
work if the worker does not come from outside of the state. A copy shall
also be kept posted at all times in a conspicuous place in any camp in
which such workers are housed. Each applicant shall submit his or her
fingerprints with his or her application for a certificate of registration. Such fingerprints shall be submitted to the division of criminal
justice services for a state criminal history record check, as defined
in subdivision one of section three thousand thirty-five of the education law, and may be submitted to the federal bureau of investigation
for a national criminal history record check.
7. Subdivision 2 of section 352 of the labor law is REPEALED.
8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
chapter 565 of the laws of 2002, are amended to read as follows:
5. A professional employer organization shall be exempt from the
registration requirements specified in this section [and from the fees
specified in section nine hundred twenty of this article] if such
professional employer organization:
(a) submits a properly executed request for registration and exemption
on a form provided by the department;
(b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
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(c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and
(d) does not have more than twenty-five worksite employees in this
state.
6. The registration and exemption of a professional employer organization under subdivision five of this section shall be valid for one year.
[Each de minimis registrant shall pay to the department upon initial
registration, and upon each annual renewal thereafter, a registration
fee in the amount of two hundred fifty dollars.]
9. Section 920 of the labor law is REPEALED.
10. Subdivision 4 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
4. Employers required to participate in the workplace safety and loss
prevention program established by this section shall be permitted to
utilize the services of either the department of labor, or a private
safety and loss consultant which has been certified by the department of
labor [and has paid the appropriate certification fee prescribed by
rules and regulations promulgated under this section]. Private safety
and loss consultants may charge employers a fee for their services[, and
where employers elect to have the services provided by the department of
labor, they shall pay for such services in accordance with fee schedules
established by the department of labor's rules and regulations].
11. Subdivision 5 of section 134 of the workers' compensation law is
REPEALED.
12. Subdivision 10 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and regulations for the
certification of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum qualifications for safety and loss management specialists, procedures for certification, causes for revocation or suspension of certification and appropriate administrative and judicial review procedures, and violations and
penalties for misuse of certification by certified safety and loss
management specialists[, and fees for certificate and certificate
renewal].
13. Subdivision 2 of section 345-a of the labor law, as added by
chapter 503 of the laws of 1998, is amended to read as follows:
2. For the purposes of this section, the exercise of reasonable care
or diligence by a manufacturer or contractor shall be presumed if, prior
to the execution of such contract or subcontract, and annually thereafter, such manufacturer or contractor receives from the department written
assurance of compliance with section three hundred forty-one of this
article. [The department may charge a reasonable fee for providing such
assurance to a manufacturer or contractor.]
14. Subdivisions 6 and 7 of section 819 of the labor law are
REPEALED and subdivision 5, as amended by chapter 319 of the laws of
2004, is amended to read as follows:
5. The entity possesses a tag issued by the department with an identification number affixed and identifying each machine[;].
15. Section 204-a of the labor law is REPEALED.
16. This act shall take effect immediately.

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PART Q
Section 1. Subdivision 2 of section 355 of the education law is
amended by adding a new paragraph f-1 to read as follows:
f-1. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York board of trustees shall pass a resolution
by June first, two thousand fifteen, to develop a plan to make available
to students enrolled in an academic program of the state university of
New York beginning in the two thousand sixteen--two thousand seventeen
academic year, approved experiential or applied learning activities.
Such experiential or applied learning activities may include completion
of activities related to students' program of study, including, but not
limited to, service-learning activities completed as part of a course,
paid or unpaid internships, faculty-supervised undergraduate projects
and activities leading to publication of research in journals or similar
publications, production or performance of creative works, and iterative
"co-op" partnerships that explicitly link the curricula to a temporary,
paid position in industry or the public sector. Such plan, to be
completed by June first, two thousand sixteen, shall be developed in
consultation with university faculty senate, the faculty council of
community colleges, the SUNY student assembly, and other stakeholders.
Such plan shall define approved experiential or applied learning activities, methods of faculty oversight and assessment, responsibilities of
business, corporate, non-profit or other entities hosting students, and
include a requirement for collecting and reporting data associated with
such experiential or applied learning activities. Such plan shall have
each college examine the feasibility of including such experiential or
applied learning activities as a degree requirement. Such college shall
examine its ability to administer and provide such opportunities to
students; the local community's capacity to support such experiential or
applied learning activities; the impact such requirement would have on
the local workforce, if any; potential for such a requirement to enhance
learning outcomes for students; and whether adding such a requirement
would cause potential delays in graduation for students.
2. Section 6206 of the education law is amended by adding a new
subdivision 18 to read as follows:
18. Notwithstanding any law, rule or regulation to the contrary, the
city university of New York board of trustees shall pass a resolution by
June first, two thousand fifteen, to develop a plan to make available to
students enrolled in an academic program of the city university of New
York beginning in the two thousand sixteen--two thousand seventeen
academic year, approved experiential or applied learning activities.
Such experiential or applied learning activities may include completion
of activities related to students' program of study, including, but not
limited to, service-learning activities completed as part of a course,
paid or unpaid internships, faculty-supervised undergraduate projects
and activities leading to publication of research in journals or similar
publications, production or performance of creative works, and iterative
"co-op" partnerships that explicitly link the curricula to a temporary,
paid position in industry or the public sector. Such plan, to be
completed by June first, two thousand sixteen, shall be developed in
consultation with university faculty senate, the university student
senate and other stakeholders. Such plan shall define approved experiential or applied learning activities, methods of faculty oversight and
assessment, responsibilities of business, corporate, non-profit or other
entities hosting students, and include a requirement for collecting and

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reporting data associated with such experiential or applied learning
activities. Such plan shall have each college examine the feasibility of
including such experiential or applied learning activities as a degree
requirement. Such college shall examine its ability to administer and
provide such opportunities to students; the local community's capacity
to support such experiential or applied learning activities; the impact
such requirement would have on the local workforce, if any; potential
for such a requirement to enhance learning outcomes for students; and
whether adding such a requirement would cause potential delays in graduation for students.
3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART R
Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005, relating to the New York state higher
education capital matching grant program for independent colleges, as
amended by section 1 of part H of chapter 56 of the laws of 2014, is
amended to read as follows:
(a) The New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties and prerogatives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital matching grant program from the
effective date of this section through [March 31, 2017, or] the date on
which the last of the funds available for grants under this section
shall have been disbursed[, whichever is earlier]; provided, however,
that the termination of the existence of the board shall not affect the
power and authority of the dormitory authority to perform its obligations with respect to any bonds, notes, or other indebtedness issued
or incurred pursuant to authority granted in this section.
2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
57 of the laws of 2005, relating to the New York state higher education
capital matching grant program for independent colleges, as amended by
section 2 of part H of chapter 56 of the laws of 2014, is amended to
read as follows:
(h) In the event that any colleges do not apply for higher education
capital matching grants by March 31, 2009, or in the event they apply
for and are awarded, but do not use the full amount of such grants, the
unused funds associated with such grants and any additional funds that
become available shall thereafter be awarded to colleges on a competitive basis.
The dormitory authority shall develop a request for
proposals and application process, in consultation with the board, for
higher education capital matching grants awarded pursuant to this paragraph, and shall develop criteria, subject to review by the board, for
the awarding of such grants. Such criteria may include, but not be
limited to the matching criteria contained in paragraph (c) of this
subdivision, and application criteria set forth in paragraph (e) of this
subdivision. [The dormitory authority shall require all applications in
response to the request for proposals to be submitted by September 1,
2014, and the board shall act on each application for such matching
grants by November 1, 2014.]
3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005, relating to the
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pendent colleges, as amended by section 3 of part H of chapter 56 of the
laws of 2014, is amended to read as follows:
(A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legislature, in order to assist the dormitory authority in providing such higher education capital matching grants, the director of the budget is
authorized in any state fiscal year commencing April 1, 2005 or any
state fiscal year thereafter [for a period ending on March 31, 2017], to
enter into one or more service contracts, none of which shall exceed 30
years in duration, with the dormitory authority, upon such terms as the
director of the budget and the dormitory authority agree.
4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005, relating to the New York state higher education
capital matching grant program for independent colleges, as amended by
section 4 of part H of chapter 56 of the laws of 2014, is amended to
read as follows:
(b) Any eligible institution receiving a grant pursuant to this article shall report to the dormitory authority [no later than June 1,
2018,] on the use of funding received and its programmatic and economic
impact no later than twelve months after the completion of the project.
The dormitory authority shall submit a report [no later than November 1,
2018] to the governor, the director of the budget, the temporary president of the senate, and the speaker of the assembly on the aggregate
impact of the higher education [matching] capital matching grant program
no later than eighteen months after the completion of the last project.
Such report shall provide information on the progress and economic
impact of such [project] projects.
5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART S
Section 1. Section 904 of the labor law is amended by adding two new
subdivisions 2-a and 2-b to read as follows:
2-a. The project notification fee imposed by subdivision two of this
section shall be waived if the project is being undertaken by or on
behalf of a city, town, village, or county that is abating or demolishing a building that is a public nuisance or unsafe. Such waiver shall
apply only if the city, town, village or county certifies in writing
that the project cost will exceed the resulting value of the property.
2-b. The project notification fee imposed by subdivision two of this
section shall be waived if the project is being undertaken: (a) pursuant
to a plan adopted pursuant to article fifteen of the general municipal
law; (b) pursuant to a plan adopted pursuant to article eighteen-C of
the general municipal law; or (c) by or on behalf of a land bank operating pursuant to article sixteen of the not-for-profit corporation law.
2. This act shall take effect immediately.
PART T
Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
legislative law and the state finance law relating to the operation and
administration of the legislature, as amended by section 2 of part K of
chapter 55 of the laws of 2014, is amended to read as follows:

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13. This act shall take effect immediately and shall be deemed to
have been in full force and effect as of April 1, 1994, provided that,
the provisions of section 5-a of the legislative law as amended by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legislative law as added by section eight of this act shall expire June 30,
[2015] 2016 when upon such date the provisions of such article shall be
deemed repealed; and provided further that section twelve of this act
shall be deemed to have been in full force and effect on and after April
10, 1994.
2. This act shall take effect immediately, provided, however, if
this act shall take effect on or after June 30, 2015 this act shall be
deemed to have been in full force and effect on and after June 30, 2015.
PART U
Section 1. The state finance law is amended by adding a new section
99-w to read as follows:
99-w. SUNY DSRIP escrow fund. 1. Notwithstanding any other provision
of law, rule, regulation, or practice to the contrary, there is hereby
established in the joint custody of the comptroller and the chancellor
of the state university of New York (SUNY) a trust and agency fund, to
be known as the "SUNY DSRIP escrow fund" which shall be available without fiscal year limitation.
2. The SUNY DSRIP escrow fund shall consist of (i) monies transferred
to SUNY hospital facilities, acting as lead providers under the delivery
system reform incentive payment program from the medicaid management
information system (MMIS) statewide escrow fund (179) to provide funds
to SUNY hospital facilities to make those payments specified in subdivision three of this section that are authorized by New York State's
Section 1115 Waiver Partnership Plan pursuant to Section 1115 of Title
XI of the Social Security Act, and (ii) monies transferred by SUNY from
a state university health care account referenced in subdivision eight-a
of section three hundred fifty-five of the education law to pay any
amount owed by a SUNY hospital to a performing provider system for which
such SUNY hospital is the lead provider resulting from a successful
payment distribution challenge by such performing provider system.
Notwithstanding any law to the contrary, such amounts owed by a SUNY
hospital may be transferred without appropriation by SUNY from the
health care account referenced in subdivision eight-a of section three
hundred fifty-five of the education law to the SUNY DSRIP escrow fund.
3. Monies of the SUNY DSRIP escrow fund shall be expended only for
such purposes as authorized under the delivery system reform incentive
payment program of New York State's Section 1115 Waiver Partnership Plan
pursuant to Section 1115 of Title XI of the Social Security Act.
Notwithstanding any other law, rule, regulation or practice to the
contrary, upon the request of the chancellor of SUNY, or her or his
designee, payments from the SUNY DSRIP escrow fund shall be made, solely
and exclusively to Central New York Care Collaborative, Inc. and SB
Clinical Network IPA, LLC, or any successor in interest to either entity, as necessary to implement the distribution of the net award of
health care delivery system reform incentive payments in accordance with
the methodology and distribution plan for award distribution adopted and
amended from time to time by the performing provider system for which a
SUNY hospital is the lead provider.

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2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART V
Section 1. Subdivision 6 of section 665 of the education law is
amended by adding a new paragraph e to read as follows:
e. Notwithstanding the provisions of paragraph c of this subdivision,
for students who are disabled as defined by the Americans with Disabilities Act of 1990, 42 USC 12101, and who receive their first state award
during the two thousand ten--two thousand eleven academic year and thereafter shall make satisfactory progress toward completion of the
program's academic requirements as provided in this paragraph. For
purposes of this subdivision, "reasonable progress toward the completion
of the program" shall mean a student must complete, at a minimum, the
following requirements at the time of certification; provided that nothing shall prevent a college from developing stricter standards to measure reasonable progress:
(i) For students who are disabled as defined by the Americans with
Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thousand ten--two thousand eleven and thereafter, and enrolled in four-year
or five-year undergraduate programs whose terms are organized in semesters:
Before Being
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
Certified
for This
Payment
A Student Must 0
3
9
21
33
45
60
75
90
105
Have Accrued
at Least This
Many Credits
With At Least 0
1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(ii) For students who are disabled as defined by the Americans with
Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thousand ten--two thousand eleven and thereafter, and enrolled in two-year
undergraduate programs whose terms are organized in semesters:
Before Being
1st 2nd 3rd 4th 5th 6th 7th 8th
Certified
for This
Payment
A Student
0
3
9
18
30
42
51
60
Must Have
Accrued at
Least This
Many Credits
With At Least 0
1.3 1.5 1.8 2.0 2.0 2.0 2.0
This Grade

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Point Average
(iii) For students who are disabled as defined by the Americans with
Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thousand ten--two thousand eleven and thereafter, and enrolled in four-year
or five-year undergraduate programs whose terms are organized on a
trimester basis:
Before Being
1st 2nd 3rd 4th 5th 6th 7th 8th
Certified
for This
Payment
A Student
0
2
4
9
17
25
33
40
Must Have
Accrued at
Least This
Many Credits
With At Least 0
1.1 1.5 1.5 1.8 2.0 2.0 2.0
This Grade
Point Average
and,
Before Being
9th 10th 11th 12th 13th 14th 15th
Certified
for This
Payment
A Student
50
60
70
80
90
100 110
Must Have
Accrued at
Least This
Many Credits
With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(iv) For students who are disabled as defined by the Americans with
Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thousand ten--two thousand eleven and thereafter, and enrolled in two-year
undergraduate programs whose terms are organized on a trimester basis:
Before Being
1st 2nd 3rd 4th 5th 6th 7th 8th
Certified
for This
Payment
A Student
0
2
4
9
15
21
30
37
Must Have
Accrued at
Least This
Many Credits

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With At Least 0
1.0 1.3 1.5 1.5 1.8 2.0 2.0
This Grade
Point Average
and,
Before Being
9th 10th 11th 12th
Certified
for This
Payment
A Student
45
50
55
60
Must Have
Accrued at
Least This
Many Credits
With At Least 2.0 2.0 2.0 2.0
This Grade
Point Average
(v) Notwithstanding any other provision of law or regulation to the
contrary, upon each certification, payment eligibility shall be determined and measured proportionally in equivalence with full time study
for students who are disabled as defined by the Americans with Disabilities Act of 1990, 42 USC 12101.
2. This act shall take effect immediately.
PART W
Section 1. Subdivision 8 of section 695-e of the education law, as
amended by chapter 593 of the laws of 2003, is amended to read as
follows:
8. No account owner or designated beneficiary of any account shall be
permitted to direct the investment of any contributions to an account or
the earnings thereon more than two times in any calendar year.
2. This act shall take effect immediately.
PART X
Section 1. The education law is amended by adding a new section 6456
to read as follows:
6456. Foster youth college success initiative. 1. Subject to an
appropriation, the commissioner shall allocate the funds available for
the foster youth college success initiative for the purpose of providing
support services to assist youth in foster care to apply for, enroll in,
and succeed in college. Such grants shall be awarded to institutions of
the state university of New York and institutions of the city university
of New York, and the commissioner shall enter into contracts with
degree-granting institutions in New York that are currently funded by
the Arthur O. Eve higher education opportunity program pursuant to
section sixty-four hundred fifty-one of this article for the purpose of
providing additional services and expenses to expand opportunities for
foster youth.
2. For the purposes of this section, "foster youth" shall mean
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court for the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended.
3. Funds appropriated for the purposes of this initiative shall be
allocated by sector as follows: fifty-two percent for institutions in
the state university of New York; thirty percent for institutions in the
city university of New York; and eighteen percent for other degreegranting institutions in New York with current Arthur O. Eve higher
education opportunity programs.
4. Funds for all programs under this section shall be awarded in equal
amounts per foster youth to each institution that applies for funding
allocated to its sector distribution as provided in subdivision three of
this section and has an application that is approved by the commissioner.
5. Moneys made available to institutions under this section shall be
spent for the following purposes:
a. to provide additional services and expenses to expand opportunities
through existing postsecondary opportunity programs at the state university of New York, the city university of New York, and other degreegranting higher education institutions for foster youth;
b. to provide any necessary supplemental financial aid for foster
youth, which may include the cost of tuition and fees, books, transportation, and other expenses as determined by the commissioner to be
necessary for such foster youth to attend college;
c. summer college preparation programs to help foster youth transition
to college, prepare them to navigate on-campus systems, and provide
preparation in reading, writing, and mathematics for foster youth who
need it; or
d. advisement, tutoring, and academic assistance for foster youth.
6. Eligible institutions shall file an application for approval by the
commissioner no later than the first of October each year demonstrating
a need for such funding, including how the funding would be used and how
many foster youth would be assisted with such funding. Successful applicants will be funded as provided in subdivision four of this section.
7. No funds pursuant to this section shall be made available to
support the regular academic programs of any institution participating
in this program, nor shall funds be provided for programs which are
incompatible with the regents plan for the expansion and development of
higher education in this state.
2. This act shall take effect on July 1, 2015; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date is authorized.
PART Y
Section 1. Section 6306 of the education law is amended by adding a
new subdivision 10 to read as follows:
10. The boards of trustees of the state university of New York community colleges shall consult with boards of cooperative educational
services (BOCES) to identify new or existing programs offered to
students that would allow a student to pursue an associate of occupational studies (AOS) degree from a community college upon high school
graduation. Once identified, BOCES in collaboration with the community
college boards of trustees shall make such path, identified programs,
and AOS degree options known to ensure that students are aware that such
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grade. Provided however, that such boards and BOCES shall not take any
action to direct or suggest that a student should pursue a particular
degree or pathway.
2. This act shall take effect August 1, 2015.
PART Z
Section 1. The education law is amended by adding a new section 669-g
to read as follows:
669-g. The New York state achievement and investment in merit scholarship (NY-AIMS). 1. Purpose. The New York state achievement and investment in merit scholarship (NY-AIMS) is hereby established for the
purpose of granting merit based scholarship awards to New York state
high school graduates who achieve academic excellence.
2. Eligibility. To be eligible for such awards, an applicant must have
graduated from a New York state high school, enrolled in an approved
undergraduate program of study in a New York state post-secondary institution beginning in the two thousand fifteen--two thousand sixteen
academic year or thereafter, and achieved at least two of the following
during high school:
a. graduated with a grade point average of 3.3 or above;
b. graduated with a "with honors" distinction on a New York state
regents diploma or received a score of 3 or higher on two or more
advanced placement examinations; or
c. graduated within the top fifteen percent of their high school
class, provided that actual class rank may be taken into consideration.
3. Priority. a. Such awards shall be made to eligible applicants in
the following priority:
(i) first, to applicants who have received payment of an award pursuant to this section in a prior year and remain in good academic standing; and
(ii) second, to applicants in descending order based on the unmet need
to reach the full cost of attendance as indicated on the financial aid
award letter.
However, in the program's first year, first priority shall be in
accordance with subparagraph (ii) of this paragraph.
b. In the event that there are more applicants who have the same
priority than there are remaining scholarships, the president shall
distribute the remaining number of such scholarships by means of a
lottery or other form of random selection.
c. In each year, the awards made shall be proportionate to the total
applications received for students accepted for undergraduate study at
public and private not-for-profit degree granting institutions.
4. Awards. Within amounts appropriated therefor, the president shall
grant an annual award to eligible applicants on a competitive basis
pursuant to subdivisions two and three of this section in the amount of
five hundred dollars for not more than four academic years of undergraduate study, or five academic years, if the program of study normally
requires five years as defined by the commissioner pursuant to article
thirteen of this chapter. Up to five thousand awards may be granted to
new recipients annually.
5. Offset. Such awards may be used to offset the applicant's total
cost of attendance determined for federal Title IV student financial aid
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6. Rules. The corporation is authorized to promulgate rules and regulations, and may promulgate emergency regulations, necessary for the
implementation of the provisions of this section.
2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART AA
Section 1. Section 25-a of the labor law, as added by section 1 of
part D of chapter 56 of the laws of 2011, subdivision (a) as amended by
section 3, subdivision (c) as amended by section 4 and subdivision (f)
as amended by section 5 of part U of chapter 59 of the laws of 2014, and
subdivision (b) as amended by section 1 and subdivision (d) as amended
by section 2 of part DD of chapter 59 of the laws of 2013, is amended to
read as follows:
25-a. Power to administer the [New York] urban youth [works]
jobs
program tax credit [program].
(a) The commissioner is authorized to
establish and administer the [New York youth works tax credit] program
established under this section to provide tax incentives to employers
for employing at risk youth in part-time and full-time positions. There
will be five distinct pools of tax incentives. Program one will cover
tax incentives allocated for two thousand twelve and two thousand thirteen. Program two will cover tax incentives allocated in two thousand
fourteen [to be used in two thousand fourteen and fifteen].
Program
three will cover tax incentives allocated in two thousand fifteen [to be
used in two thousand fifteen and sixteen]. Program four will cover tax
incentives allocated in two thousand sixteen [to be used in two thousand
sixteen and seventeen]. Program five will cover tax incentives allocated
in two thousand seventeen [to be used in two thousand seventeen and
eighteen]. The commissioner is authorized to allocate up to twenty-five
million dollars of tax credits under program one, ten million dollars of
tax credits under program two, [ten] and twenty million dollars of tax
credits under [program] each of programs three, [ten million dollars of
tax credits under program] four, [ten million dollars of tax credits
under program] and five.
(b) Definitions. (1) The term "qualified employer" means an employer
that has been certified by the commissioner to participate in the [New
York youth works tax credit] program established under this section and
that employs one or more qualified employees.
(2) The term "qualified employee" means an individual:
(i) who is between the age of sixteen and twenty-four;
(ii) who resides in a city with a population of fifty-five thousand or
more or a town with a population of four hundred eighty thousand or
more;
(iii) who is low-income or at-risk, as those terms are defined by the
commissioner;
(iv) who is unemployed prior to being hired by the qualified employer;
and
(v) who will be working for the qualified employer in a full-time or
part-time position that pays wages that are equivalent to the wages paid
for similar jobs, with appropriate adjustments for experience and training, and for which no other employee has been terminated, or where the
employer has not otherwise reduced its workforce by involuntary terminations with the intention of filling the vacancy by creating a new
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(c) A qualified employer shall be entitled to a tax credit equal to
(1) five hundred dollars per month for up to six months for each qualified employee the employer employs in a full-time job or two hundred
fifty dollars per month for up to six months for each qualified employee
the employer employs in a part-time job of at least twenty hours per
week or ten hours per week when the qualified employee is enrolled in
high school full-time, (2) one thousand dollars for each qualified
employee who is employed for at least an additional six months by the
qualified employer in a full-time job or five hundred dollars for each
qualified employee who is employed for at least an additional six months
by the qualified employer in a part-time job of at least twenty hours
per week or ten hours per week when the qualified employee is enrolled
in high school full-time, and (3) an additional one thousand dollars for
each qualified employee who is employed for at least an additional year
after the first year of the employee's employment by the qualified
employer in a full-time job or five hundred dollars for each qualified
employee who is employed for at least an additional year after the first
year of the employee's employment by the qualified employer in a parttime job of at least twenty hours per week or ten hours per week when
the qualified employee is enrolled in high school full time. The tax
credits shall be claimed by the qualified employer as specified in
subdivision [forty-four] thirty-six of section two hundred [ten] ten-B
and subsection (tt) of section six hundred six of the tax law.
(d) To participate in the [New York youth works tax credit] program
established under this section, an employer must submit an application
(in a form prescribed by the commissioner) to the commissioner after
January first, two thousand twelve but no later than November thirtieth,
two thousand twelve for program one, after January first, two thousand
fourteen but no later than November thirtieth, two thousand fourteen for
program two, after January first, two thousand fifteen but no later than
November thirtieth, two thousand fifteen for program three, after January first, two thousand sixteen but no later than November thirtieth,
two thousand sixteen for program four, and after January first, two
thousand seventeen but no later than November thirtieth, two thousand
seventeen for program five. The qualified employees must start their
employment on or after January first, two thousand twelve but no later
than December thirty-first, two thousand twelve for program one, on or
after January first, two thousand fourteen but no later than December
thirty-first, two thousand fourteen for program two, on or after January
first, two thousand fifteen but no later than December thirty-first, two
thousand fifteen for program three, on or after January first, two thousand sixteen but no later than December thirty-first, two thousand
sixteen for program four, and on or after January first, two thousand
seventeen but no later than December thirty-first, two thousand seventeen for program five. The commissioner shall establish guidelines and
criteria that specify requirements for employers to participate in the
program including criteria for certifying qualified employees. Any regulations that the commissioner determines are necessary may be adopted on
an emergency basis notwithstanding anything to the contrary in section
two hundred two of the state administrative procedure act. Such requirements may include the types of industries that the employers are engaged
in. The commissioner may give preference to employers that are engaged
in demand occupations or industries, or in regional growth sectors,
including those identified by the regional economic development councils, such as clean energy, healthcare, advanced manufacturing and
conservation. In addition, the commissioner shall give preference to

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employers who offer advancement and employee benefit packages to the
qualified individuals.
(e) If, after reviewing the application submitted by an employer, the
commissioner determines that such employer is eligible to participate in
the [New York youth works tax credit] program established under this
section, the commissioner shall issue the employer a certificate of
eligibility that establishes the employer as a qualified employer. The
certificate of eligibility shall specify the maximum amount of [New York
youth works] tax credit that the employer will be allowed to claim.
(f) The commissioner shall annually publish a report. Such report must
contain the names and addresses of any employer issued a certificate of
eligibility under this section, and the maximum amount of New York youth
works tax credit allowed to the employer as specified on such certificate of eligibility.
2. The subdivision heading and paragraph (a) of subdivision 36 of
section 210-B of the tax law, as added by section 17 of part A of chapter 59 of the laws of 2014, is amended to read as follows:
[New York] Urban youth [works] jobs program tax credit. (a) A taxpayer
that has been certified by the commissioner of labor as a qualified
employer pursuant to section twenty-five-a of the labor law shall be
allowed a credit against the tax imposed by this article equal to (i)
five hundred dollars per month for up to six months for each qualified
employee the employer employs in a full-time job or two hundred fifty
dollars per month for up to six months for each qualified employee the
employer employs in a part-time job of at least twenty hours per week or
ten hours per week when the qualified employee is enrolled in high
school full-time, (ii) one thousand dollars for each qualified employee
who is employed for at least an additional six months by the qualified
employer in a full-time job or five hundred dollars for each qualified
employee who is employed for at least an additional six months by the
qualified employer in a part-time job of at least twenty hours per week
or ten hours per week when the qualified employee is enrolled in high
school full-time, and (iii) an additional one thousand dollars for each
qualified employee who is employed for at least an additional year after
the first year of the employee's employment by the qualified employer in
a full-time job or five hundred dollars for each qualified employee who
is employed for at least an additional year after the first year of the
employee's employment by the qualified employer in a part-time job of at
least twenty hours per week or ten hours per week when the qualified
employee is enrolled in high school full-time. For purposes of this
subdivision, the term "qualified employee" shall have the same meaning
as set forth in subdivision (b) of section twenty-five-a of the labor
law. The portion of the credit described in subparagraph (i) of this
paragraph shall be allowed for the taxable year in which the wages are
paid to the qualified employee, [and] the portion of the credit
described in subparagraph (ii) of this paragraph shall be allowed in the
taxable year in which the additional six month period ends, and the
portion of the credit described in subparagraph (iii) of this paragraph
shall be allowed in the taxable year in which the additional year after
the first year of employment ends.
3. The subdivision heading and paragraph 1 of subsection (tt) of
section 606 of the tax law, the subdivision heading as added by section
3 of part D of chapter 56 of the laws of 2011 and paragraph 1 as amended
by section 2 of part U of chapter 59 of the laws of 2014, are amended to
read as follows:

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[New York] Urban youth [works] jobs program tax credit. (1) A taxpayer that has been certified by the commissioner of labor as a qualified
employer pursuant to section twenty-five-a of the labor law shall be
allowed a credit against the tax imposed by this article equal to (A)
five hundred dollars per month for up to six months for each qualified
employee the employer employs in a full-time job or two hundred fifty
dollars per month for up to six months for each qualified employee the
employer employs in a part-time job of at least twenty hours per week or
ten hours per week when the qualified employee is enrolled in high
school full-time, and (B) one thousand dollars for each qualified
employee who is employed for at least an additional six months by the
qualified employer in a full-time job or five hundred dollars for each
qualified employee who is employed for at least an additional six months
by the qualified employer in a part-time job of at least twenty hours
per week or ten hours per week when the qualified employee is enrolled
in high school full-time, and (C) an additional one thousand dollars for
each qualified employee who is employed for at least an additional year
after the first year of the employee's employment by the qualified
employer in a full-time job or five hundred dollars for each qualified
employee who is employed for at least an additional year after the first
year of the employee's employment by the qualified employer in a parttime job of at least twenty hours per week or ten hours per week when
the qualified employee is enrolled in high school full-time. A taxpayer
that is a partner in a partnership, member of a limited liability company or shareholder in an S corporation that has been certified by the
commissioner of labor as a qualified employer pursuant to section twenty-five-a of the labor law shall be allowed its pro rata share of the
credit earned by the partnership, limited liability company or S corporation. For purposes of this subsection, the term "qualified employee"
shall have the same meaning as set forth in subdivision (b) of section
twenty-five-a of the labor law. The portion of the credit described in
subparagraph (A) of this paragraph shall be allowed for the taxable year
in which the wages are paid to the qualified employee, [and] the portion
of the credit described in subparagraph (B) of this paragraph shall be
allowed in the taxable year in which the additional six month period
ends, and the portion of the credit described in subparagraph (C) of
this paragraph shall be allowed in the taxable year in which the additional year after the first year of employment ends.
4. Clause (xxxiii) of subparagraph (B) of paragraph 1 of subsection
(i) of section 606 of the tax law, as amended by section 68 of part A of
chapter 59 of the laws of 2014, is amended to read as follows:
(xxxiii) [New York] Urban youth
Amount of credit under
[works] jobs program
subdivision thirty-six
tax credit
of section two hundred ten-B
5. This act shall take effect immediately.
PART BB
Section 1. Subdivision (b) of section 27-1318 of the environmental
conservation law, as amended by section 2 of part E of chapter 577 of
the laws of 2004, is amended to read as follows:
(b) Within [sixty] one hundred eighty days of commencement of the
remedial design, the owner of an inactive hazardous waste disposal site,
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such site, where institutional or engineering controls are employed
pursuant to this title, shall execute an environmental easement pursuant
to title thirty-six of article seventy-one of this chapter.
2. Subdivision 2 of section 27-1405 of the environmental conservation law, as amended by section 2 of part A of chapter 577 of the laws
of 2004, is amended and three new subdivisions 29, 30 and 31 are added
to read as follows:
2. "Brownfield site" or "site" shall mean any real property[, the
redevelopment or reuse of which may be complicated by the presence or
potential presence of] where a contaminant is present at levels exceeding the soil cleanup objectives or other health-based or environmental
standards, criteria or guidance adopted by the department that are
applicable based on the reasonably anticipated use of the property, in
accordance with applicable regulations. Such term shall not include real
property:
(a) listed in the registry of inactive hazardous waste disposal sites
under section 27-1305 of this article at the time of application to this
program and given a classification as described in subparagraph one or
two of paragraph b of subdivision two of section 27-1305 of this article; provided, however [except until July first, two thousand five],
real property listed in the registry of inactive hazardous waste
disposal sites under subparagraph two of paragraph b of subdivision two
of section 27-1305 of this article [prior to the effective date of this
article], where such real property is owned by a volunteer or under
contract to be transferred to a volunteer, shall not be deemed ineligible to participate, provided that, prior to the site being accepted into
the brownfield cleanup program, the department has not identified any
responsible party for that property having the ability to pay for the
investigation or cleanup of the property and further provided that the
status of any such site as listed in the registry shall not be altered
prior to the issuance of a certificate of completion pursuant to section
27-1419 of this title. The department's assessment of eligibility under
this paragraph shall not constitute a finding concerning liability with
respect to the property;
(b) listed on the national priorities list established under authority
of 42 U.S.C. section 9605;
(c) subject to an enforcement action under title seven or nine of this
article, [except] or permitted or required to be permitted as a treatment, storage or disposal facility [subject to a permit]; provided, that
nothing herein contained shall be deemed otherwise to exclude from the
scope of the term "brownfield site" a hazardous waste treatment, storage
or disposal facility having interim status according to regulations
promulgated by the commissioner and provided further that real property
owned by a volunteer or under contract to be transferred to a volunteer
shall not be deemed ineligible to participate provided that, prior to
the site being accepted into the brownfield cleanup program, the department has not identified any responsible party for that property having
the ability to pay for the investigation or cleanup of the property;
(d) subject to an order for cleanup pursuant to article twelve of the
navigation law or pursuant to title ten of article seventeen of this
chapter except such property shall not be deemed ineligible if it is
subject to a stipulation agreement; or
(e) subject to any other on-going state or federal environmental
enforcement action related to the contamination which is at or emanating
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29. "Affordable housing project" shall be defined in regulation by the
department, after consultation with the division of housing and community renewal, which shall at a minimum, establish the percentage of units
in the project that must be below a defined percentage of the area median income.
30. "Underutilized" shall be defined in regulation by the department,
after consultation with the business community and the city of New York.
Such regulations shall be adopted no later than October first, two thousand fifteen and take into consideration the existing use of a property
relative to allowable development under zoning, the need for substantial
government assistance to redevelop and other relevant factors.
31. "Upside down" shall mean a property where the projected and
incurred cost of the investigation and remediation which is protective
for the anticipated use of the property equals or exceeds seventy-five
percent of its independent appraised value, as of the date of submission
of the application for participation in the brownfield cleanup program,
developed under the hypothetical condition that the property is not
contaminated.
3. Subdivision 1 of section 27-1407 of the environmental conservation law, as amended by section 3 of part A of chapter 577 of the laws
of 2004, is amended and a new subdivision 1-a is added to read as
follows:
1. A person who seeks to participate in this program shall submit a
request to the department on a form provided by the department. Such
form shall include information to be determined by the department sufficient to allow the department to determine eligibility and the current,
intended and reasonably anticipated future land use of the site pursuant
to section 27-1415 of this title.
Any such person shall submit an
investigation report sufficient to demonstrate that the site requires
remediation in order to meet the remedial requirements of this title.
1-a. If the person is also seeking a determination that the site is
eligible for the tangible property credit component of the brownfield
redevelopment tax credit pursuant to paragraph three of subdivision (a)
of section twenty-one of the tax law for a site located in a city having
a population of one million or more, such person shall submit information sufficient to demonstrate that: (a) at least half of the site area
is located in an environmental zone as defined in section twenty-one of
the tax law; (b) the property is upside down or underutilized; or (c)
the project is an affordable housing project. An applicant may request
an eligibility determination for tangible property credits at any time
from application until the site receives a certificate of completion
pursuant to section 27-1419 of this title except for sites seeking
eligibility under the underutilized category.
Sites are not eligible for tangible property tax credits if: (a) the
contamination from ground water or soil vapor is solely emanating from
property other than the site subject to the present application; or (b)
the department has determined that the property has previously been
remediated pursuant to titles nine, thirteen and fourteen of this article, title five of article fifty-six of this chapter and article twelve
of the navigation law such that it may be developed for its then
intended use.
4. Subdivision 3 of section 27-1407 of the environmental conservation law, as amended by section 3 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
3. The department shall notify the person requesting participation in
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such request is either complete or incomplete. In the event the application is determined to be incomplete the department shall specify in
writing the missing necessary information required pursuant to this
article to complete the application and shall have ten days after
receipt of the missing information to issue a written determination if
the application is complete.
5. Subdivision 6 of section 27-1407 of the environmental conservation law, as added by section 1 of part A of chapter 1 of the laws of
2003, is amended to read as follows:
6. The department shall use all best efforts to expeditiously notify
the applicant within forty-five days after receiving [their request] a
complete application for participation that such request is either
accepted or rejected, and, for any applicant seeking to receive the
tangible property credit component of the brownfield redevelopment tax
credit pursuant to paragraph three of subdivision (a) of section twenty-one of the tax law, shall concurrently notify the applicant whether
the criteria for receiving such component as set forth in subdivision
one of this section have been met.
6. Subdivision 9 of section 27-1407 of the environmental conservation law is amended by adding a new paragraph (g) to read as follows:
(g) The person's participation in any remedial program under the
department's oversight was terminated by the department or by a court
for failure to substantially comply with an agreement or order.
7. Subdivision 2 of section 27-1409 of the environmental conservation law, as amended by section 4 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
2. One requiring: (a) the [applicant] participant to pay for state
costs, including the recovery of state costs incurred before the effective date of such agreement; provided, however, that such costs may be
based on a reasonable flat-fee for oversight, which shall reflect the
projected future state costs incurred in negotiating and overseeing
implementation of such agreement; and
(b) with respect to a brownfield site which the department has determined constitutes a significant threat to the public health or environment the department may include a provision requiring the applicant to
provide a technical assistance grant, as described in subdivision four
of section 27-1417 of this title and under the conditions described
therein, to an eligible party in accordance with procedures established
under such program, with the cost of such a grant incurred by a volunteer serving as an offset against such state costs[.
Where the applicant is a participant, the department shall include provisions relating
to recovery of state costs incurred before the effective date of such
agreement];
8. Section 27-1411 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
6. An applicant shall include with every report submitted to the
department a schedule for the submission of any subsequent work plan
required to meet the requirements of this title.
9. Paragraphs (b), (c) and (d) of subdivision 7 of section 27-1415
of the environmental conservation law are relettered paragraphs (c), (d)
and (e) and a new paragraph (b) is added to read as follows:
(b) Within one hundred eighty days of commencement of the remedial
design or at least three months prior to the date of the anticipated
issuance of the certificate of completion, the owner of a brownfield
site, and/or any person responsible for implementing a remedial program
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pursuant to this title, shall execute an environmental easement pursuant
to title thirty-six of article seventy-one of this chapter.
10. Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
of section 27-1419 of the environmental conservation law, subdivision 1
and paragraph (a) of subdivision 2 as added by section 1 of part A of
chapter 1 of the laws of 2003, subdivision 3 as amended by chapter 390
of the laws of 2008, are amended to read as follows:
1. Upon certification by the applicant that the remediation requirements of this title have been or will be achieved in accordance with the
schedules provided in reports submitted to the department on the remedial work plan for the brownfield site, such applicant shall submit to the
department a final engineering report prepared by an individual licensed
or otherwise authorized in accordance with article one hundred fortyfive of the education law to practice the profession of engineering.
(a) a description of the remediation activities completed pursuant to
the remedial work plan and any interim remedial measures for the brownfield site;
3. Upon receipt of the final engineering report, the department shall
review such report and the data submitted pursuant to the brownfield
site cleanup agreement as well as any other relevant information regarding the brownfield site. Upon satisfaction of the commissioner that the
remediation requirements set forth in this title have been or will be
achieved in accordance with the timeframes, if any, established in the
remedial work plan, the commissioner shall issue a written certificate
of completion[, such]. The certificate shall include such information as
determined by the department of taxation and finance, including but not
limited to the brownfield site boundaries included in the final engineering report, the date of the brownfield site cleanup agreement
[pursuant to section 27-1409 of this title], and the applicable percentages available as of the date of the certificate of completion for that
site for purposes of section twenty-one of the tax law[, with such
percentages to be determined as follows with respect to such qualified
site].
For those sites for which the department has issued a notice to
the applicant on or after July first, two thousand fifteen or the date
of publication in the state register of proposed regulations defining
"underutilized" as provided in subdivision thirty of section 27-1405 of
this title, whichever shall be later, that its request for participation
has been accepted under subdivision six of section 27-1407 of this
title, the tangible property credit component of the brownfield redevelopment tax credit pursuant to paragraph three of subdivision (a) of
section twenty-one of the tax law shall only be available to the taxpayer if the criteria for receiving such tax component have been met. For
those sites for which the department has issued a notice to the taxpayer
after June twenty-third, two thousand eight that its request for participation has been accepted under subdivision six of section 27-1407 of
this title[:
For the purposes of calculating], the applicable percentage for the
site preparation credit component pursuant to paragraph two of subdivision (a) of section twenty-one of the tax law, and the on-site groundwater remediation credit component pursuant to paragraph four of subdivision (a) of section twenty-one of the tax law[, the applicable
percentage] shall be based on the level of cleanup achieved pursuant to
subdivision four of section 27-1415 of this title and the level of
cleanup of soils to contaminant-specific soil cleanup objectives promulgated pursuant to subdivision six of section 27-1415 of this title, up
to a maximum of fifty percent, as follows:

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(a) soil cleanup for unrestricted use, the protection of groundwater
or the protection of ecological resources, the applicable percentage
shall be fifty percent;
(b) soil cleanup for residential use, the applicable percentage shall
be forty percent, except for Track 4 which shall be twenty-eight
percent;
(c) soil cleanup for commercial use, the applicable percentage shall
be thirty-three percent, except for Track 4 which shall be twenty-five
percent;
(d) soil cleanup for industrial use, the applicable percentage shall
be twenty-seven percent, except for Track 4 which shall be twenty-two
percent.
11. Subdivision 5 of section 27-1419 of the environmental conservation law, as amended by section 9 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
5. A certificate of completion issued pursuant to this section may be
transferred [to the applicant's successors or assigns upon transfer or
sale of the brownfield site] by the applicant or subsequent holder of
the certificate of completion to a successor to a real property interest, including legal title, equitable title or leasehold, in all or a
part of the brownfield site for which the certificate of completion was
issued. Notwithstanding any provision of this chapter to the contrary, a
certificate of completion shall not be transferred to a responsible
party. Further, a certificate of completion may be modified or revoked
by the commissioner upon a finding that:
(a) Either the applicant, or the applicant's successors or assigns,
has failed to comply with the terms and conditions of the brownfield
site cleanup agreement;
(b) The applicant made a misrepresentation of a material fact tending
to demonstrate that: (i) it was qualified as a volunteer; or (ii) met
the criteria set forth in subdivision one-a of section 27-1407 of this
title for the purpose of receiving the tangible property credit component of the brownfield redevelopment tax credit pursuant to paragraph
three of subdivision (a) of section twenty-one of the tax law;
(c) Either the applicant, or the applicant's successors or assigns,
made a misrepresentation of a material fact tending to demonstrate that
the cleanup levels identified in the brownfield site cleanup agreement
were reached; or
(d) There is good cause for such modification or revocation.
12. Section 27-1423 of the environmental conservation law is
REPEALED.
13. Section 27-1429 of the environmental conservation law, as
amended by section 13 of part A of chapter 577 of the laws of 2004, is
amended to read as follows:
27-1429. Permit waivers.
The department, by and through the commissioner, shall be exempt for
activities conducted pursuant to subdivision five of section 27-1411 of
this title and shall be authorized to exempt a person from the requirement to obtain any state or local permit or other authorization for any
activity needed to implement a program for the investigation and/or
remediation of contamination at or emanating from a brownfield site;
provided that the activity is conducted in a manner which satisfies all
substantive technical requirements applicable to like activity conducted
pursuant to a permit.
14. Subdivision 1 of section 27-1431 of the environmental conservation law is amended by adding a new paragraph c to read as follows:

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c. to inspect for compliance with the site management plan approved by
the department, including (i) inspection of the performance of maintenance, monitoring and operational activities required as part of the
remedial program for the site, (ii) inspection for the purpose of ascertaining current uses of the site, and (iii) taking samples in accordance
with paragraph (a) of this subdivision.
15. Section 27-1435 of the environmental conservation law is
REPEALED.
15-a. The environmental conservation law is amended by adding a new
section 27-1437 to read as follows:
27-1437. BCP-EZ program.
1. The department may promulgate regulations to implement a program
providing for the expedited investigation and/or remediation of contamination at brownfield sites (BCP-EZ program), provided that:
(a) at the time of the application, the department has determined that
the brownfield site does not pose a significant threat pursuant to
section 27-1411 of this title;
(b) the applicant has waived in writing any claim for tax credits
pursuant to section twenty-one of the tax law on a form prescribed by
the department; and
(c) the activity is conducted in a manner which satisfies all requirements applicable to like activity conducted pursuant to sections 27-1415
and 27-1417 of this title, except as provided in subdivision two of this
section and the time periods specified in paragraphs (b) and (c) of
subdivision three of section 27-1417 of this title.
2. For any site accepted into the BCP-EZ program pursuant to this
section with a remedial work plan identifying a Track 4 remediation, if
a contaminant is identified in soil in excess of the remedial action
objectives contained in an applicable generic table developed pursuant
to subdivision six of section 27-1415 of this title, the applicant may
use site-specific data to demonstrate to the department that the concentration of the contaminant in the soils reflects background conditions
and, in that case, a contaminant-specific action objective for such
contaminant equal to such background concentration may be established
provided that such objective is protective of the public health and the
environment and is determined in a manner acceptable to the department.
3. Upon the department's acceptance of the certification by the applicant that the remediation requirements of this title, pursuant to
section 27-1419 of this title, have been achieved for the brownfield
site and an environmental easement, if necessary, has been created and
filed pursuant to title thirty-six of article seventy-one of this chapter, a site in the BCP-EZ program shall be eligible to receive a certificate of completion in accordance with section 27-1419 of this title;
provided, however, that such certificate of completion shall not entitle
the holder to any tax credits provided by section twenty-one of the tax
law.
16. The opening paragraph of subdivision 10 of section 71-3605 of
the environmental conservation law, as added by section 2 of part A of
chapter 1 of the laws of 2003, is amended to read as follows:
An environmental easement may be enforced in law or equity by its
grantor, by the state, or any affected local government as defined in
section 71-3603 of this title. Such easement is enforceable against the
owner of the burdened property, any lessees, and any person using the
land. Enforcement shall not be defeated because of any subsequent
adverse possession, laches, estoppel, reversion or waiver. No general
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est in real property shall operate to defeat the enforcement of any
environmental easement unless such general law expressly states the
intent to defeat the enforcement of such easement or provides for the
exercise of the power of eminent domain. It is not a defense in any
action to enforce an environmental easement that:
17. Paragraph 3 of subdivision (a) of section 21 of the tax law, as
amended by chapter 390 of the laws of 2008, is amended to read as
follows:
(3) Tangible property credit component.
(i) The tangible property credit component shall be equal to the
applicable percentage of the cost or other basis for federal income tax
purposes of tangible personal property and other tangible property,
including buildings and structural components of buildings, which
constitute qualified tangible property and may include any related party
service fee paid; provided[, however,] that in determining the cost or
other basis of such property, the taxpayer shall exclude the acquisition
cost of any item of property with respect to which a credit under this
section was allowable to another taxpayer. A related party service fee
shall be allowed only in the calculation of the tangible property credit
component and shall not be allowed in the calculation of the site preparation credit component or the on-site groundwater remediation credit
component. The portion of the tangible property credit component which
is attributable to related party service fees shall be allowed only as
follows: (A) in the taxable year in which the qualified tangible property described in subparagraph (iii) of this paragraph is placed in
service, for that portion of the related party service fees which have
been earned and actually paid to the related party on or before the last
day of such taxable year; and (B) with respect to any other taxable year
for which the tangible property credit component may be claimed under
this subparagraph and in which the amount of any additional related
party service fees are actually paid by the taxpayer to the related
party, the tangible property credit component for such amount shall be
allowed in such taxable year. The credit component amount so determined
shall be allowed for the taxable year in which such qualified tangible
property is first placed in service on a qualified site with respect to
which a certificate of completion has been issued to the taxpayer, or
for the taxable year in which the certificate of completion is issued if
the qualified tangible property is placed in service prior to the issuance of the certificate of completion. This credit component shall only
be allowed for up to [ten taxable years after] one hundred twenty months
after the date of the issuance of such certificate of completion.
(ii) The tangible property credit component shall be allowed with
respect to property leased to a second party only if such second party
is either [(i)] (A) not a party responsible for the disposal of hazardous waste or the discharge of petroleum at the site according to applicable principles of statutory or common law liability, or [(ii)] (B) a
party responsible according to applicable principles of statutory or
common law liability if such party's liability arises solely from operation of the site subsequent to the disposal of hazardous waste or the
discharge of petroleum, and is so certified by the commissioner of environmental conservation at the request of the taxpayer, pursuant to
section 27-1419 of the environmental conservation law. Notwithstanding
any other provision of law to the contrary, in the case of allowance of
credit under this section to such a lessor, the commissioner shall have
the authority to reveal to such lessor any information, with respect to
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for the denial in whole or in part, or for the recapture, of the credit
claimed by such lessor. For purposes of the tangible property credit
component allowed under this section the taxpayer to whom the certificate of completion is issued, as provided for under subdivision five of
section 27-1419 of the environmental conservation law, may transfer the
benefits and burdens of the certificate of completion, which run with
the land and to the applicant's successors or assigns upon transfer or
sale of all or any portion of an interest or estate in the qualified
site. However, the taxpayer to whom certificate's benefits and burdens
are transferred shall not include the cost of acquiring all or any
portion of an interest or estate in the site and the amounts included in
the cost or other basis for federal income tax purposes of qualified
tangible property already claimed by the previous taxpayer pursuant to
this section.
(iii) The term "related party service fee" shall mean any fee or other
monetary compensation earned by a related party and calculated as a
percentage of project and/or acquisition costs, in consideration of
services rendered to or for the benefit of the taxpayer placing qualified tangible property in service in connection with the acquisition and
development of such property. For purposes of this subparagraph,
"related party" shall have the same meaning as related person as defined
in subparagraph (c) of paragraph three of subdivision (b) of section
four hundred sixty-five of the internal revenue code.
(iv) Eligible costs for the tangible property credit component are
limited to costs for tangible property that has a depreciable life for
federal income tax purposes of fifteen years or more, costs associated
with demolition and excavation on the site and the foundation of any
buildings constructed as part of the site cover that are not properly
included in the site preparation component and costs associated with
non-portable equipment, machinery and associated fixtures and appurtenances used exclusively on the site, whether or not such property has a
depreciable life for federal income tax purposes of fifteen years or
more.
(v) With respect to any qualified site for which the department of
environmental conservation has issued a notice to the taxpayer on or
after July first, two thousand fifteen or the date of publication in the
state register of proposed regulations defining "underutilized" as
provided in subdivision thirty of section 27-1405 of the environmental
conservation law, whichever shall be later, that its request for participation has been accepted under subdivision six of section 27-1407 of
the environmental conservation law, and the site is eligible for the
tangible property credit component because it is an affordable housing
project pursuant to subdivision one-a of section 27-1407 of the environmental conservation law, the portion of eligible costs to be included in
the calculation of the tangible property credit component will be determined by multiplying the total costs qualified for the tangible property
credit component by a fraction, the numerator of which shall be the
square footage of space of the affordable housing units dedicated to
residential occupancy and the denominator of which shall be the total
square footage of the building.
18. Subparagraphs (A) and (B) of paragraph 3-a of subdivision (a) of
section 21 of the tax law, as added by chapter 390 of the laws of 2008,
are amended to read as follows:
(A) Notwithstanding any other provision of law to the contrary, the
tangible property credit component available for any qualified site
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ty-five million dollars or three times the sum of the costs included in
the calculation of the site preparation credit component and the on-site
groundwater remediation credit component under paragraphs two and four,
respectively, of this subdivision, and the costs that would have been
included in the calculation of such components if not treated as an
expense and deducted pursuant to section one hundred ninety-eight of the
internal revenue code, whichever is less; provided, however, that: (1)
in the case of a qualified site to be used primarily for manufacturing
activities, the tangible property credit component available for any
qualified site pursuant to paragraph three of this subdivision shall not
exceed forty-five million dollars or six times the sum of the costs
included in the calculation of the site preparation credit component and
the on-site groundwater remediation credit component under paragraphs
two and four, respectively, of this subdivision, and the costs that
would have been included in the calculation of such components if not
treated as an expense and deducted pursuant to section one hundred ninety-eight of the internal revenue code, whichever is less; and (2) the
provisions of this paragraph shall not apply to any qualified site for
which the department of environmental conservation has issued a notice
to the taxpayer before June twenty-third, two thousand eight that its
request for participation has been accepted under subdivision six of
section 27-1407 of the environmental conservation law.
(B) For the purposes of this paragraph, the term "manufacturing activities" means the production of goods by manufacturing, processing,
assembling, refining, mining, extracting, farming, agriculture, horticulture, floriculture, viticulture or commercial fishing[, and shall
also include the activities of a qualified emerging technology company
as defined in paragraph (c) of subdivision one of section thirty-one
hundred two-e of the public authorities law regardless of the ten
million dollar limitation expressed in subparagraph one of such paragraph]; provided however, that the generation and distribution of electricity, the distribution of natural gas, and the production of steam
associated with the generation of electricity, shall not constitute
manufacturing activities.
19. Subparagraph (C) of paragraph 3-a of subdivision (a) of section
21 of the tax law, as added by chapter 390 of the laws of 2008, is
amended to read as follows:
(C) In order to properly administer the [credit] credits set forth in
[paragraph three of] this subdivision, the department may disclose
information about the calculation and the amounts of the credits claimed
under [paragraph three of] this subdivision on a taxpayer's return to
the department of environmental conservation and other taxpayers claiming tax credits under this section with respect to the same qualifying
site.
20. Subparagraph (D) of paragraph 3-a of subdivision (a) of section
21 of the tax law, as added by chapter 390 of the laws of 2008, is
amended to read as follows:
(D) [If] With respect to any qualified site for which the department
of environmental conservation has issued a notice to the taxpayer before
July first, two thousand fifteen or the date of publication in the state
register of proposed regulations defining "underutilized" as provided in
subdivision thirty of section 27-1405 of the environmental conservation
law, whichever shall be later, that its request for participation has
been accepted under subdivision six of section 27-1407 of the environmental conservation law, or where the taxpayer has either been issued or
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27-1419 of the environmental conservation law before July first, two
thousand fifteen or the date of publication in the state register of
proposed regulations defining "underutilized" as provided in subdivision
thirty of section 27-1405 of the environmental conservation law, whichever shall be later, if the qualifying site is located in a brownfield
opportunity area and is developed in conformance with the goals and
priorities established for that applicable brownfield opportunity area
as designated pursuant to section nine hundred seventy-r of the general
municipal law, the applicable percentage of the tangible property credit
component will be increased by two percent.
21. Paragraph 5 of subdivision (a) of section 21 of the tax law, as
amended by section 39 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(5) Applicable percentage. (A) For purposes of computing the site
preparation and on-site groundwater remediation credit components pursuant to paragraphs two[, three] and four of this subdivision, with
respect to such qualified sites for which the department of environmental conservation has issued a notice to the taxpayer before June
twenty-third, two thousand eight that its request for participation has
been accepted under subdivision six of section 27-1407 of the environmental conservation law, or where the taxpayer has either been issued or
received a certificate of completion from another taxpayer under section
27-1419 of the environmental conservation law for such a site, and, for
purposes of computing the tangible property component pursuant to paragraph three of this subdivision with respect to such qualified sites for
which the department of environmental conservation has issued a notice
to the taxpayer before July first, two thousand fifteen or the date of
publication in the state register of proposed regulations defining
"underutilized" as provided in subdivision thirty of section 27-1405 of
the environmental conservation law, whichever shall be later, that its
request for participation has been accepted under subdivision six of
section 27-1407 of the environmental conservation law, or where the
taxpayer has either been issued or received a certificate of completion
from another taxpayer under section 27-1419 of the environmental conservation law for such a site, the applicable percentage shall be twelve
percent in the case of credits claimed under article nine, nine-A or
thirty-three of this chapter, and ten percent in the case of credits
claimed under article twenty-two of this chapter, except that where at
least fifty percent of the area of the qualified site relating to the
credit provided for in this section is located in an environmental zone
as defined in paragraph six of subdivision (b) of this section, the
applicable percentage shall be increased by an additional eight percent.
Provided, however, as afforded in section 27-1419 of the environmental
conservation law, if the certificate of completion indicates that the
qualified site has been remediated to Track 1 as that term is described
in subdivision four of section 27-1415 of the environmental conservation
law, the applicable percentage set forth in the first sentence of this
paragraph shall be increased by an additional two percent.
(B) With respect to such qualified site for which the department of
environmental conservation has issued a notice to the taxpayer on or
after July first, two thousand fifteen or the date of publication in the
state register of proposed regulations defining "underutilized" as
provided in subdivision thirty of section 27-1405 of the environmental
conservation law, whichever shall be later, that its request for participation has been accepted under subdivision six of section 27-1407 of
the environmental conservation law, the applicable percentage for the

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tangible property credit component of the brownfield redevelopment tax
credit pursuant to paragraph three of subdivision (a) of this section
shall be the sum of ten percent and the following additional percentages, provided that if the sum is greater than twenty-four percent, the
total percentage of the tangible property credit component shall be
twenty-four percent and is otherwise subject to the limitations set
forth in paragraphs three and three-a of subdivision (a) of this
section:
(i) five percent for a site within an environmental zone;
(ii) five percent for a site located within a designated brownfield
opportunity area and is developed in conformance with the goals and
priorities established for that applicable brownfield opportunity area;
(iii) five percent for a site developed as affordable housing, as
defined in section 27-1405 of the environmental conservation law;
(iv) five percent for a site to be used primarily for manufacturing
activities as such term is defined in subparagraph (B) of paragraph
three-a of this subdivision; and
(v) five percent for sites remediated to Track 1 as that term is
defined in subdivision four of section 27-1415 of the environmental
conservation law.
(C) The taxpayer shall submit, in the manner prescribed by the commissioner, information sufficient to demonstrate that the site qualifies
for any credit components available under subparagraph (B) of this paragraph. If the site is receiving the credit component authorized pursuant
to clause (ii) of subparagraph (B) of this paragraph for being located
within a designated brownfield opportunity area, the taxpayer shall
submit a certification from the secretary of state that the development
is in conformance with such brownfield opportunity area plan pursuant to
section nine hundred seventy-r of the general municipal law.
22. Clause (i) of subparagraph (B) of paragraph 3 of subdivision
(b) of section 21 of the tax law, as amended by chapter 420 of the laws
of 2006, is amended to read as follows:
(i) is, or when occupied becomes, part of a dwelling whose primary
ownership structure is covered under either article nine-B of the real
property law or meets the requirements of section 216 (b)(1) of the
Internal Revenue Code or is part of an affordable housing project as
defined in subdivision twenty-nine of section 27-1405 of the environmental conservation law, where units are sold as single family homes or
multiple family dwellings;
23. Paragraphs 2, 4 and 6 of subdivision (b) of section 21 of the
tax law, as amended by section 1 of part H of chapter 577 of the laws of
2004 and subparagraph (B) and the closing paragraph of paragraph 6 as
amended by section 1 of part G of chapter 62 of the laws of 2006, are
amended to read as follows:
(2) Site preparation costs. The term "site preparation costs" shall
mean all amounts properly chargeable to a capital account, [(i)] which
are paid or incurred [in connection with a site's qualification for a
certificate of completion, and (ii) all other site preparation costs
paid or incurred in connection with preparing a site for the erection of
a building or a component of a building, or otherwise to establish a
site as usable for its industrial, commercial (including the commercial
development
of residential housing), recreational or conservation
purposes. Site preparation costs shall include, but not be limited to,
the costs of excavation, temporary electric wiring, scaffolding, demolition costs, and the costs of fencing and security facilities. Site
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shall not include amounts included in the cost or other basis for federal income tax purposes of qualified tangible property, as described in
paragraph three of this subdivision] which are necessary to implement a
site's investigation, remediation, or qualification for a certificate of
completion, and shall include costs of: excavation; demolition; activities undertaken under the oversight of the department of labor or in
accordance with standards established by the department of health to
remediate and dispose of regulated materials including asbestos, lead or
polychlorinated biphenyls; environmental consulting; engineering; legal
costs; transportation, disposal, treatment or containment of contaminated soil; remediation measures taken to address contaminated soil
vapor; cover systems consistent with applicable regulations; physical
support of excavation; dewatering and other work to facilitate or enable
remediation activities; sheeting, shoring, and
other
engineering
controls required to prevent off-site migration of contamination from
the qualified site or migrating onto the qualified site; and the costs
of fencing, temporary electric wiring, scaffolding, and security facilities until such time as the certificate of completion has been issued.
Site preparation shall include all costs paid or incurred within sixty
months after the last day of the tax year in which the certificate of
completion is issued that are necessary for compliance with the certificate of completion or subsequent modifications thereof, or the remedial
program defined in such certificate of completion including but not
limited to institutional controls, engineering controls, an approved
site management plan, and an environmental easement with respect to the
qualified site. Site preparation cost shall not include the costs of
foundation systems that exceed the cover system requirements in the
regulations applicable to the qualified site.
(4) On-site groundwater remediation costs. The term "on-site groundwater remediation costs" shall mean all amounts properly chargeable to a
capital account, [(i)] which are paid or incurred [in connection with a
site's qualification for a certificate of completion, and (ii) include
costs which are paid or incurred in connection with the remediation of
on-site groundwater contamination and incurred to implement a requirement of the remedial work plan or an interim remedial measure work plan
for a qualified site which are imposed pursuant to subdivisions two and
three of section 27-1411 of the environmental conservation law] which
are necessary to implement a site's groundwater investigation, remediation, or qualification for a certificate of completion not already
covered under site preparation costs, and shall include costs of: environmental consulting;
engineering;
legal
costs;
transportation,
disposal, treatment or containment of contaminated groundwater; sheeting, shoring, and other engineering controls required to prevent offsite migration of groundwater contamination from the qualified site or
migrating onto the qualified site; and the costs of fencing, temporary
electric wiring and security facilities until such time as the certificate of completion is issued. On-site groundwater remediation costs
shall include all costs paid or incurred within sixty months after the
last day of the tax year in which the certificate of completion is
issued that are necessary for compliance with the certificate of
completion or subsequent modifications thereof, or the groundwater remedial program defined in such certificate of completion including but not
limited to institutional controls, engineering controls, an approved
site management plan specific to on-site groundwater remediation, and an
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(6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of [economic development]
labor.
Such areas [so designated are areas which are] shall be census
tracts [and block numbering areas which, as of the two thousand census,]
that satisfy either of the following criteria:
(A) areas that have both:
(i) a poverty rate of at least twenty percent [for the year to which
the data relate] based on the most recent five year American Community
Survey; and
(ii) an unemployment rate of at least one and one-quarter times the
statewide unemployment rate [for the year to which the data relate]
based on the most recent five year American Community Survey, or;
(B) areas that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located [for the year to
which the data relate provided, however, that a qualified site shall
only be deemed to be located in an environmental zone under this subparagraph (B) if such site was the subject of a brownfield site cleanup
agreement pursuant to section 27-1409 of the environmental conservation
law that was entered into prior to September first, two thousand ten]
based on the most recent five year American Community Survey.
Such designation shall be made and a list of all such environmental
zones shall be established by the commissioner of [economic development
no later than December thirty-first, two thousand four provided, however, that a qualified site shall only be deemed to be located in an environmental zone under subparagraph (B) of this paragraph if such site was
the subject of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation law that was entered into
prior to September first, two thousand ten] labor based on the two thousand nine through two thousand thirteen American Community Survey estimate. Upon request of the commissioner of environmental conservation,
the commissioner of labor shall update such designation based on the
most recent American Community Survey, or its successor.
The determination of whether a site is located in an environmental
zone shall be based on the date the department of environmental conservation issued a notice to the taxpayer that its request for participation in the brownfield cleanup program has been deemed complete
pursuant to subdivision three of section 27-1407 of the environmental
conservation law.
24. Section 171-r of the tax law is amended by adding a new subdivision (e) to read as follows:
(e) The commissioner, in consultation with the commissioner of environmental conservation, shall publish by January thirty-first, two thousand sixteen a supplemental brownfield credit report containing the
information required by this section about the credits claimed for the
years two thousand five, two thousand six, and two thousand seven.
25. Section 171-s of the tax law is REPEALED.
26. Paragraph b of subdivision 2 of section 970-r of the general
municipal law, as added by section 1 of part F of chapter 1 of the laws
of 2003, is amended to read as follows:
b. Activities eligible to receive such assistance shall include, but
are not limited to, the assembly and development of basic information
about:
(1) the borders of the proposed brownfield opportunity area;
(2) the number and size of known or suspected brownfield sites;
(3) current and anticipated uses of the properties in the proposed
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(4) current and anticipated future conditions of groundwater in the
proposed brownfield opportunity area;
(5) known data about the environmental conditions of the properties in
the proposed brownfield opportunity area;
(6) ownership of the properties in the proposed brownfield opportunity
area and whether the owners are participating in the brownfield opportunity area planning process; and
(7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
and enhance community health and environmental conditions.
27. Subparagraphs 2 and 5 of paragraph c of subdivision 2 of section
970-r of the general municipal law, as added by section 1 of part F of
chapter 1 of the laws of 2003, are amended to read as follows:
(2) areas with concentrations of known or suspected brownfield sites;
(5) areas with known or suspected brownfield sites presenting strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.
28. Paragraph a of subdivision 3 of section 970-r of the general
municipal law, as amended by chapter 390 of the laws of 2008, is amended
to read as follows:
a. Within the limits of appropriations therefor, the secretary is
authorized to provide, on a competitive basis, financial assistance to
municipalities, to community based organizations, to community boards,
or to municipalities and community based organizations acting in cooperation to prepare a nomination for designation of a brownfield opportunity area. Such financial assistance shall not exceed ninety percent of
the costs of such nomination for any such area. A nomination study must
include sufficient information to designate the brownfield opportunity
area. The contents of the nomination study shall be developed based on
pre-nomination study information, which shall principally consist of an
area-wide study, documenting the historic brownfield uses in the area
proposed for designation.
29. Subparagraphs 2 and 5 of paragraph e of subdivision 3 and subdivision 4 of section 970-r of the general municipal law, subparagraphs 2
and 5 of paragraph e of subdivision 3 as added by section 1 of part F of
chapter 1 of the laws of 2003 and subdivision 4 as amended by chapter
390 of the laws of 2008, are amended to read as follows:
(2) areas with concentrations of known or suspected brownfield sites;
(5) areas with known or suspected brownfield sites presenting strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.
4. Designation of brownfield opportunity area. Upon completion of a
nomination for designation of a brownfield opportunity area, it shall be
forwarded by the applicant to the secretary, who shall determine whether
it is consistent with the provisions of this section. The secretary may
review and approve a nomination for designation of a brownfield opportunity area at any time. If the secretary determines that the nomination
is consistent with the provisions of this section, the brownfield opportunity area shall be designated. If the secretary determines that the
nomination is not consistent with the provisions of this section, the
secretary shall make recommendations in writing to the applicant of the
manner and nature in which the nomination should be amended.
30. Paragraph a and subparagraphs 2 and 5 of paragraph e of subdivision 6 of section 970-r of the general municipal law, paragraph a as
amended by chapter 386 of the laws of 2007 and subparagraphs 2 and 5 of

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paragraph e as added by section 1 of part F of chapter 1 of the laws of
2003, are amended to read as follows:
a. Within the limits of appropriations therefor, [the commissioner, in
consultation with] the secretary of state, is authorized to provide, on
a competitive basis, financial assistance to municipalities, to community based organizations, to community boards, or to municipalities and
community based organizations acting in cooperation to conduct brownfield site assessments [in a brownfield opportunity area designated
pursuant to this section]. Such financial assistance shall not exceed
ninety percent of the costs of such brownfield site assessment.
(2) areas with concentrations of known or suspected brownfield sites;
(5) areas with known or suspected brownfield sites presenting strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.
31. Section 970-r of the general municipal law is amended by adding
a new subdivision 10 to read as follows:
10. The secretary shall establish criteria for brownfield opportunity
area conformance determinations for purposes of the brownfield redevelopment tax credit component pursuant to clause (ii) of subparagraph (B)
of paragraph (5) of subdivision (a) of section twenty-one of the tax
law. In establishing criteria, the secretary shall be guided by, but not
limited to, the following considerations: how the proposed use and
development advances the designated brownfield opportunity area plan's
vision statement, goals and objectives for revitalization; how the
density of development and associated buildings and structures advances
the plan's objectives, desired redevelopment and priorities for investment; and how the project complies with zoning and other local laws and
standards to guide and ensure appropriate use of the project site.
32. Section 31 of part H of chapter 1 of the laws of 2003, amending
the tax law relating to brownfield redevelopment tax credits, remediated
brownfield credit for real property taxes for qualified sites and environmental remediation insurance credits, as amended by chapter 474 of
the laws of 2012, is amended to read as follows:
31. The tax credits allowed under section [21,] 22 or 23 of the tax
law and the corresponding provisions in articles 9, 9-A, 22[, 32] and 33
of the tax law, as added by the provisions of sections one through twenty-nine of this act, shall not be applicable [if] to any site accepted
into the brownfield cleanup program on and after July 1, 2015 or the
date of publication in the state register of proposed regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of
the environmental conservation law, whichever shall be later. The tax
credits allowed under section 21 of the tax law and the corresponding
provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
provisions of sections one through twenty-nine of this act, shall not be
applicable to any site accepted into the brownfield cleanup program
after December 31, 2022, provided, however that any sites accepted on or
before December 31, 2022 must have received the [remediation] certificate of completion required to qualify for any of such credits [is
issued after December] on or before March 31, [2015] 2026.
33. Notwithstanding any other provision of this act, any site for
which a brownfield cleanup agreement with the department of environmental conservation was entered into (1) prior to June 23, 2008 and
which has not received a certificate of completion by December 31, 2017
or (2) on or after June 23, 2008 and prior to July 1, 2015 or the date
of publication in the state register of proposed regulations defining
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environmental conservation law, whichever shall be later, and which has
not received a certificate of completion by December 31, 2019, shall
only be eligible for brownfield redevelopment tax credits available
pursuant to section 21 of the tax law as if the site was accepted into
the brownfield cleanup program on and after July 1, 2015 or the date of
publication in the state register of proposed regulations defining
"underutilized" as provided in subdivision 30 of section 27-1405 of the
environmental conservation law, whichever shall be later, and shall be
subject to the eligibility requirements for the tangible property credit
component set forth in subdivision 1-a of section 27-1407 of the environmental conservation law.
34. Paragraph c of subdivision 3 of section 27-0923 of the environmental conservation law, as amended by section 5 of part I of chapter
577 of the laws of 2004, is amended to read as follows:
c. For the purpose of this section, generation of hazardous waste
shall not include retrieval or creation of hazardous waste which must be
disposed of under an order of or agreement with the department pursuant
to title thirteen or title fourteen of this article or under a contract
with the department pursuant to title five of article fifty-six of this
chapter or under an order of or agreement with the United States environmental protection agency or an order of a court of competent jurisdiction, related to a facility addressed pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601
et seq.) or under a written agreement with a municipality which has
entered into a memorandum of agreement with the department related to
the remediation of brownfield sites as of August fifth, two thousand
ten.
35. Subparagraphs (i) and (vi) of paragraph d of subdivision 1 of
section 72-0402 of the environmental conservation law, as amended by
chapter 99 of the laws of 2010, are amended to read as follows:
(i) under a contract with the department, or with the department's
written approval and in compliance with department regulations, or
pursuant to an order of the department, the United States environmental
protection agency or a court of competent jurisdiction, related to the
cleanup or remediation of a hazardous materials or hazardous waste
spill, discharge, or surficial cleanup, pursuant to this chapter; or
(vi) under a brownfield site cleanup agreement with the department
pursuant to section 27-1409 of this chapter or under a written agreement
with a municipality which has entered into a memorandum of agreement
with the department related to the remediation of brownfield sites as of
August fifth, two thousand ten; or
36. Section 56-0501 of the environmental conservation law, as added
by chapter 413 of the laws of 1996, is amended to read as follows:
56-0501. Allocation of moneys.
1. Of the moneys received by the state from the sale of bonds pursuant
to the Clean Water/Clean Air Bond Act of 1996, two hundred million
dollars ($200,000,000) shall be available for disbursements for environmental restoration projects.
2. Beginning in state fiscal year two thousand fifteen--two thousand
sixteen, environmental restoration projects may be funded using the
proceeds
of
bonds
issued
pursuant
to section twelve hundred
eighty-five-q of the public authorities law provided that funding for
such projects shall conform to the limitations provided in subdivision
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37. Subdivision 6 of section 56-0502 of the environmental conservation law, as amended by section 2 of part D of chapter 577 of the laws
of 2004, is amended to read as follows:
6. "State assistance", for purposes of this title, shall mean in the
case of a contract authorized by subdivision one of section 56-0503 of
this title, payments made to a municipality to reimburse the municipality for the state share of the costs incurred by the municipality to
undertake an environmental restoration project or in the case of a written agreement authorized by subdivision three of section 56-0503 of this
title, costs incurred by the state to undertake an environmental restoration project but not reimbursed by a municipality.
38. Paragraph (c) of subdivision 2 of section 56-0503 of the environmental conservation law, as amended by section 4 of part D of chapter
1 of the laws of 2003, is amended and a new subdivision 3 is added to
read as follows:
(c) A provision that the municipality shall assist in identifying a
responsible party by searching local records, including property tax
rolls, or document reviews, and if, in accordance with the required
departmental approval of any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration project,
which were not included when the state share was calculated pursuant to
this section, the state assistance share shall be recalculated, and the
municipality shall pay to the state, for deposit into the environmental
restoration project account of the hazardous waste remedial fund established under section ninety-seven-b of the state finance law, the
difference between the original state assistance payment and the recalculated state share. Recalculation of the state share shall be done each
time a payment from a responsible party is received by the municipality;
3. The department may undertake an environmental restoration project
on behalf of a municipality upon request. If the department undertakes
the project on behalf of the municipality, the state shall enter into a
written agreement with the municipality and the agreement shall require
the municipality to periodically provide its share to the state for
costs incurred during the progress of such project. The municipality's
share shall be the same as would be required under subdivision one of
this section. The agreement shall include all provisions specified in
subdivision two of this section as appropriate.
39. Subdivision 4 of section 56-0505 of the environmental conservation law, as amended by section 5 of part D of chapter 1 of the laws of
2003, is amended to read as follows:
4. After completion of such project, the municipality may use the
property for public purposes or may dispose of it. If the municipality
shall dispose of such property by sale to a responsible party, such
party shall pay to such municipality, in addition to such other consideration, an amount of money constituting the amount of state assistance
provided [to the municipality] under this title plus accrued interest
and transaction costs and the municipality shall deposit that money into
the environmental restoration project account of the hazardous waste
remedial fund established under section ninety-seven-b of the state
finance law.
40. Subdivisions 3 and 4 of section 56-0508 of the environmental
conservation law, as added by section 7 of part D of chapter 1 of the
laws of 2003, are amended to read as follows:
3. such temporary incidents of ownership by such taxing district shall
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obtaining] to be eligible for funding from the state of New York for
such environmental restoration investigation project under this article
or for such funding from any source pursuant to any other state, federal, or local law, but such incidents of ownership shall not be sufficient to qualify it as the owner of such property for the purposes of
holding it wholly or partially liable for any damages, past, present, or
future from any release of any hazardous material, substance, or contaminant into the air, ground, or water, unless such release was caused by
such taxing district.
4. within thirty days of the completion of the environmental restoration investigation project and the receipt by the taxing jurisdiction of
the final report of such investigation, such taxing jurisdiction shall
file such report with the court on notice to the court and all other
parties of record, and the stay of the foreclosure shall be lifted
(unless lifted earlier by a prior court order), and all incidents of
temporary ownership of the taxing jurisdiction that was awarded such
taxing district, except any right [to receive funding] for the environmental restoration investigation project to be funded, shall cease to
exist, and nothing in this subdivision shall preclude the taxing jurisdiction that conducted the environmental restoration investigation
project or the taxing jurisdiction that commenced the foreclosure
action, if it is a different taxing jurisdiction than the taxing jurisdiction which conducted the investigation, from withdrawing the parcel
from foreclosure pursuant to section eleven hundred thirty-eight of the
real property tax law.
40-a. The opening paragraph and subparagraph (i) of paragraph (a) of
subdivision 1 of section 56-0509 of the environmental conservation law,
as amended by section 4 of part D of chapter 577 of the laws of 2004,
are amended to read as follows:
Notwithstanding any other provision of law and except as provided in
subdivision two of this section and in paragraph (h) of subdivision two
of section 56-0503 of this title, the following shall not be liable to
the state upon any statutory or common law cause of action, or to any
person upon any statutory cause of action arising out of the presence of
any contamination in or on property at any time before the effective
date of a contract entered into pursuant to this title or written agreement pursuant to subdivision three of section 56-0503 of this title:
(i) a municipality receiving state assistance under this title to
undertake, or under written agreement pursuant to subdivision three of
section 56-0503 of this title for the state to undertake an environmental restoration project and complying with the terms and conditions
of the contract or written agreement pursuant to subdivision three of
section 56-0503 of this title providing such assistance; and
41. Paragraph (f) of subdivision 3 of section 97-b of the state
finance law, as amended by section 4 of part I of chapter 1 of the laws
of 2003, is amended to read as follows:
(f) to undertake such remedial measures as the department of environmental conservation may determine necessary due to environmental conditions related to the property subject to an agreement to provide state
assistance or contract under title five of article fifty-six of the
environmental conservation law that were unknown to such department at
the time of its approval of such agreement or contract which indicates
that conditions on such property are not sufficiently protective of
human health for its reasonably anticipated uses or due to information
received, in whole or in part, after such department's approval of such
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that such agreement's remedial activities are not sufficiently protective of human health for such property's reasonably anticipated uses;
and, [respecting the monies in the environmental restoration project
account in excess of ten million dollars,] shall provide state assistance under title five of article fifty-six of the environmental conservation law;
42. Notwithstanding the provisions of subdivision 1-a of section
27-1407 of the environmental conservation law, a site which is accepted
into the brownfield cleanup program after the effective date of this act
and prior to the adoption of regulations defining "underutilized" as
provided in subdivision 30 of section 27-1405 of the environmental
conservation law may, within ninety days following the adoption of such
regulations, request an eligibility determination to receive the tangible property credit component of the brownfield redevelopment credit
pursuant to section 21 of the tax law.
43. Subdivisions 1 and 3 of section 1285-q of the public authorities
law, as added by section 6 of part I of chapter 1 of the laws of 2003,
are amended to read as follows:
1. Subject to chapter fifty-nine of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financing of hazardous waste site remediation projects for payment of the
state's share of the costs of the remediation of hazardous waste sites,
in accordance with title thirteen of article twenty-seven of the environmental conservation law and section ninety-seven-b of the state
finance law, and for payment of state costs associated with the remediation of offsite contamination at significant threat sites as provided
in section 27-1411 of the environmental conservation law, and beginning
in state fiscal year two thousand fifteen - two thousand sixteen for
environmental restoration projects pursuant to title five of article
fifty-six of the environmental conservation law provided that funding
for such projects shall not exceed ten percent of the funding appropriated for the purposes of financing hazardous waste site remediation
projects, pursuant to title thirteen of article twenty-seven of the
environmental conservation law in any state fiscal year pursuant to
capital appropriations made to the department of environmental conservation, the director of the division of budget and the corporation are
each authorized to enter into one or more service contracts, none of
which shall exceed twenty years in duration, upon such terms and conditions as the director and the corporation may agree, so as to annually
provide to the corporation in the aggregate, a sum not to exceed the
annual debt service payments and related expenses required for any bonds
and notes authorized pursuant to section twelve hundred ninety of this
title. Any service contract entered into pursuant to this section shall
provide that the obligation of the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of moneys available for such purposes,
subject to annual appropriation by the legislature. Any such service
contract or any payments made or to be made thereunder may be assigned
and pledged by the corporation as security for its bonds and notes, as
authorized pursuant to section twelve hundred ninety of this title.
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects and environmental
restoration projects authorized by this section shall not exceed [one]
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[twenty] million dollars for appropriations enacted for any state fiscal
year, provided that the bonds not issued for such appropriations may be
issued pursuant to reappropriation in subsequent fiscal years. No bonds
shall be issued for the repayment of any new appropriation enacted after
March thirty-first, two thousand [thirteen] twenty-six for hazardous
waste site remediation projects authorized by this section. Amounts
authorized to be issued by this section shall be exclusive of bonds
issued to fund any debt service reserve funds, pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay bonds
or notes previously issued. Such bonds and notes of the corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by this state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
44. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
45. This act shall take effect July 1, 2015 or on the date of publication in the state register of proposed regulations defining "underutilized" as provided in subdivision 30 of section 27-1405 of the environmental conservation law, whichever shall be later; provided, however,
that:
a. the commissioner of environmental conservation shall notify the
legislative bill drafting commission of the date of publication in the
state register of such proposed regulations in order that the commission
may maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effecting
provisions of section 44 of the legislative law and section 70-b of the
public officers law;
b. the amendments to section 970-r of the general municipal law made
by sections twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty
and thirty-one of this act; section 27-0923 of the environmental conservation law made by section thirty-four of this act; section 72-0402 of
the environmental conservation law made by section thirty-five of this
act; section 56-0501 of the environmental conservation law made by
section thirty-six of this act; section 56-0502 of the environmental
conservation law made by section thirty-seven of this act; section
56-0503 of the environmental conservation law made by section thirtyeight of this act; section 56-0505 of the environmental conservation law
made by section thirty-nine of this act; section 56-0508 of the environmental conservation law made by section forty of this act; section
56-0509 of the environmental conservation law as amended by section
forty-a of this act; section 97-b of the state finance law made by
section forty-one of this act; and section 1285-q of the public authorities law made by section forty-three of this act shall take effect immediately;
c. the department of environmental conservation shall not charge
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sites in the program incurred on or after July 1, 2015 or after the
publication in the state register of proposed regulations defining
"underutilized" as provided in subdivision 30 of section 27-1405 of the
environmental conservation law, whichever shall be later;
d. the amendments made by section two of this act relating to the
definition of brownfield site, and all amendments made by sections
seventeen, eighteen, nineteen, twenty, twenty-one and twenty-three of
this act shall apply only to sites for which the department of environmental conservation has issued a notice to the applicant on or after
July 1, 2015 or after the publication in the state register of proposed
regulations defining "underutilized" as provided in subdivision 30 of
section 27-1405 of the environmental conservation law, whichever shall
be later, that its request for participation has been accepted under
subdivision 6 of section 27-1407 of the environmental conservation law
subject to the provisions of section thirty-three of this act; and
e. the department of labor shall update the environmental zones as
required by section twenty-four of this act within ninety days of this
act becoming law; and
f. the department of environmental conservation shall publish in the
state register proposed regulations defining
"affordable
housing
project" as provided in subdivision 29 of section 27-1405 of the environmental conservation law, on or before June 8, 2015.
PART CC
Section 1. Subparagraphs (a), (b) and (c) of paragraph 8 and paragraph
13 of subdivision 3 of section 73-a of the public officers law, subparagraphs (a), (b) and (c) of paragraph 8 as amended by section 37 of
subpart A of part H of chapter 55 of the laws of 2014 and paragraph 13
as amended by section 5 of part A of chapter 399 of the laws of 2011,
are amended to read as follows:
(a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education, or works as a member
or employee of a firm required to register pursuant to section one-e of
the legislative law as a lobbyist, [give a general] describe the
services rendered for which compensation was paid including a general
description of the principal subject areas of matters undertaken by such
individual and principal duties performed.
Specifically state whether
the reporting individual provides services directly to clients. Additionally, if such an individual practices with a firm or corporation and
is a partner or shareholder of the firm or corporation, give a general
description of principal subject areas of matters undertaken by such
firm or corporation.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING
CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON

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OR AFTER JULY FIRST, TWO THOUSAND TWELVE
AND
BEFORE
DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN:
If the reporting individual personally provides services to any person
or entity, or works as a member or employee of a partnership or corporation that provides such services (referred to hereinafter as a
"firm"), then identify each client or customer to whom the reporting
individual personally provided services, or who was referred to the firm
by the reporting individual, and from whom the reporting individual or
his or her firm earned fees in excess of $10,000 during the reporting
period for such services rendered in direct connection with:
(i) [A proposed bill or resolution in the senate or assembly during
the reporting period;
(ii)] A contract in an amount totaling $50,000 or more from the state
or any state agency for services, materials, or property;
[(iii)] (ii) A grant of $25,000 or more from the state or any state
agency during the reporting period;
[(iv)] (iii) A grant obtained through a legislative initiative during
the reporting period; or
[(v)] (iv) A case, proceeding, application or other matter that is not
a ministerial matter before a state agency during the reporting period.
For purposes of this question, "referred to the firm" shall mean:
having intentionally and knowingly taken a specific act or series of
acts to intentionally procure for the reporting individual's firm or
knowingly solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a client of that
firm for the purposes of representation for a matter as defined in
subparagraphs (i) through [(v)] (iv) of this paragraph, as the result of
such procurement, solicitation or direction of the reporting individual.
A reporting individual need not disclose activities performed while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivision seven of section seventy-three of this article.
The disclosure requirement in this question shall not require disclosure of clients or customers receiving medical or dental services,
mental health services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to whom he
or she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to clients represented in
other matters, where disclosure of a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
joint commission pursuant to paragraph (i) of subdivision nine of
section ninety-four of the executive law[. Only], provided, however,
that a reporting individual who first enters public office after July
first, two thousand twelve, need not report clients or customers with
respect to matters for which the reporting individual or his or her firm
was retained prior to entering public office.
Client
Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER [JANUARY FIRST] DECEMBER THIRTY-FIRST, TWO THOUSAND

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FIFTEEN, OR FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH
RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER [JANUARY FIRST]
DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN:
If the reporting individual receives income of [fifty] ten thousand
dollars or greater from any employment or activity reportable under
question 8(a), identify each registered lobbyist who has directly
referred to such individual a client who was successfully referred to
the reporting individual's business and from whom the reporting individual or firm received a fee for services in excess of [ten] five thousand
dollars. Report only [these] those referrals that were made to a reporting individual by direct communication from a person known to such
reporting individual to be a registered lobbyist at the time the referral is made. With respect to each such referral, the reporting individual shall identify the client, the registered lobbyist who has made the
referral, the category of value of the compensation received and a
general description of the type of matter so referred. A reporting individual need not disclose activities performed while lawfully acting
pursuant to paragraphs (c), (d), (e) and (f) of subdivision seven of
section seventy-three of this article. The disclosure requirements in
this question shall not require [disclosure of clients or customers
receiving medical or dental services, mental health services, residential real estate brokering services, or insurance brokering services
from the reporting individual or his or her firm. The reporting individual need not identify any client to whom he or she or his or her firm
provided legal representation with respect to investigation or prosecution by law enforcement authorities, bankruptcy, or domestic relations
matters. With respect to clients represented in other matters, the
reporting individual shall request an exemption from the joint commission, which shall be granted for good cause shown. For the purposes of
this question, good cause may be shown by circumstances including, but
not limited to, where disclosure of a client's identity would reveal
trade secrets or have a negative impact on the client's business interests, would cause embarrassment for the client, could reasonably result
in retaliation against the client, or would tend to reveal non-public
matters regarding a criminal investigation. Only a] disclosing clients
or customers receiving medical, pharmaceutical or dental services,
mental health services, or residential real estate brokering services
from the reporting individual or his or her firm or if federal law
prohibits or limits disclosure. The reporting individual need not identify any client to whom he or she or his or her firm provided legal
representation with respect to investigation or prosecution by law
enforcement authorities, bankruptcy, family court, estate planning, or
domestic relations matters, nor shall the reporting individual identify
individuals represented pursuant to an insurance policy but the reporting individual shall in such circumstances only report the entity that
provides compensation to the reporting individual; with respect to
matters in which the client's name is required by law to be kept confidential (such as matters governed by the family court act) or in matters
in which the reporting individual represents or provides services to
minors, the client's name may be replaced with initials. To the extent
that the reporting individual, or his or her firm, provided legal representation with respect to an initial public offering, and federal law or
regulations restricts the disclosure of information relating to such
work, the reporting individual shall (i) disclose the identity of the
client and the services provided relating to the initial public offering
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tion confidentially in a locked box; and (ii) include in his or her
response a statement that pursuant to this paragraph, a disclosure to
the office of court administration has been made. Upon such time that
the disclosure of information maintained in the locked box is no longer
restricted by federal law or regulation, the reporting individual shall
disclose such information in an amended disclosure statement in response
to the disclosure requirements of this paragraph. The office of court
administration shall develop and maintain a secure portal through which
information submitted to it pursuant to this paragraph can be safely and
confidentially stored. With respect to clients represented in other
matters not otherwise exempt, the reporting individual may request an
exemption to publicly disclosing the name of that client from the joint
commission pursuant to paragraph (i) of subdivision nine of section
ninety-four of the executive law, or from the office of court administration. In such application, the reporting individual shall state the
following: "My client is not currently receiving my services or seeking
my services in connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iv) A grant obtained through a legislative initiative during the
reporting period; or
(v) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period."
In reviewing the request for an exemption, the joint commission or the
office of court administration may consult with bar or other professional associations and the legislative ethics commission for individuals subject to its jurisdiction and may consider the rules of professional conduct. In making its determination, the joint commission or the
office of court administration shall conduct its own inquiry and shall
consider factors including, but not limited to: (i) the nature and the
size of the client; (ii) whether the client has any business before the
state; and if so, how significant the business is; and whether the
client has any particularized interest in pending legislation and if so
how significant the interest is; (iii) whether disclosure may reveal
trade secrets; (iv) whether disclosure could reasonably result in retaliation against the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm to the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
The joint commission or, as the case may be, the office of court
administration shall promptly make a final determination in response to
such request, which shall include an explanation for its determination.
The office of court administration shall issue its final determination
within three days of receiving the request. Notwithstanding any other
provision of law or any professional disciplinary rule to the contrary,
the disclosure of the identity of any client or customer in response to
this question shall not constitute professional misconduct or a ground
for disciplinary action of any kind, or form the basis for any civil or
criminal cause of action or proceeding. A reporting individual who first
enters public office after [January first] December thirty-first, two
thousand fifteen, need not report clients or customers with respect to

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matters for which the reporting individual or his or her firm was
retained prior to entering public office.
Client
Name of Lobbyist
Category of Amount (in
Table 1)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
13. List below the nature and amount of any income in EXCESS of $1,000
from EACH SOURCE for the reporting individual and such individual's
spouse for the taxable year last occurring prior to the date of
filing.
Each such source must be described with particularity.
Nature of income includes, but is not limited to, all income (other
than that received from the employment listed under Item 2 above)
from compensated employment whether public or private, directorships
and other fiduciary positions, contractual arrangements, teaching
income, partnerships, honorariums, lecture fees, consultant fees,
bank and bond interest, dividends, income derived from a trust, real
estate rents, and recognized gains from the sale or exchange of real
or other property.
Income from a business or profession and real
estate rents shall be reported with the source identified by the
building address in the case of real estate rents and otherwise by
the name of the entity and not by the name of the individual customers, clients or tenants, with the aggregate net income before taxes
for each building address or entity.
The receipt of maintenance
received in connection with a matrimonial action, alimony and child
support payments shall not be listed.
Self/
Category
Spouse
Source
Nature
of Amount
(In Table I)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
2. Paragraph 8 of subdivision 3 of section 73-a of the public officers law is amended by adding two new subparagraphs (b-1) and (b-2) to
read as follows:
(b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
If the reporting individual receives income from employment reportable
in question 8(a) and personally provides services to any person or entity, or works as a member or employee of a partnership or corporation
that provides such services (referred to hereinafter as a "firm"), the
reporting individual shall identify each client or customer to whom the
reporting individual personally provided services, or who was referred
to the firm by the reporting individual, and from whom the reporting

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individual or his or her firm earned fees in excess of $10,000 during
the reporting period in direct connection with:
(i) A contract in an amount totaling $10,000 or more from the state or
any state agency for services, materials, or property;
(ii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iii) A grant obtained through a legislative initiative during the
reporting period; or
(iv) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period.
For such services rendered by the reporting individual directly to
each such client, describe each matter that was the subject of such
representation, the services actually provided and the payment received.
For payments received from clients referred to the firm by the reporting
individual, if the reporting individual directly received a referral fee
or fees for such referral, identify the client and the payment so
received.
For purposes of this question, "referred to the firm" shall mean:
having intentionally and knowingly taken a specific act or series of
acts to intentionally procure for the reporting individual's firm or
having knowingly solicited or directed to the reporting individual's
firm in whole or substantial part, a person or entity that becomes a
client of that firm for the purposes of representation for a matter as
defined in clauses (i) through (iv) of this subparagraph, as the result
of such procurement, solicitation or direction of the reporting individual. A reporting individual need not disclose activities performed while
lawfully acting in his or her capacity as provided in paragraphs (c),
(d), (e) and (f) of subdivision seven of section seventy-three of this
article.
Client
Matter
Nature of Services Provided
Category
of Amount
(in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
(i) With respect to reporting individuals who receive ten thousand
dollars or more from employment or activity reportable under question
8(a), for each client or customer NOT otherwise disclosed or exempted in
question 8 or 13, disclose the name of each client or customer known to
the reporting individual to whom the reporting individual provided
services: (A) who paid the reporting individual in excess of five thousand dollars for such services; or (B) who had been billed with the
knowledge of the reporting individual in excess of five thousand dollars
by the firm or other entity named in question 8(a) for the reporting
individual's services.
Client
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Actually Provided
(in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
* REVIEWED DOCUMENTS AND CORRESPONDENCE;
* REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
* PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
NAME);
* REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
REPRESENTATION OR CONSULTATION;
* COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
* PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
* COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
(ii) With respect to reporting individuals who disclosed in question
8(a) that the reporting individual did not provide services to a client
but provided services to a firm or business, identify the category of
amount received for providing such services and describe the services
rendered.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
A reporting individual need not disclose activities performed while
lawfully acting in his or her capacity as provided in paragraphs (c),
(d), (e) and (f) of subdivision seven of section seventy-three of this
article.
The disclosure requirement in questions (b-1) and (b-2) shall not
require disclosing clients or customers receiving medical, pharmaceutical or dental services, mental health services, or residential real
estate brokering services from the reporting individual or his or her
firm or if federal law prohibits or limits disclosure. The reporting
individual need not identify any client to whom he or she or his or her
firm provided legal representation with respect to investigation or
prosecution by law enforcement authorities, bankruptcy, family court,
estate planning, or domestic relations matters, nor shall the reporting
individual identify individuals represented pursuant to an insurance
policy but the reporting individual shall in such circumstances only
report the entity that provides compensation to the reporting individual; with respect to matters in which the client's name is required by
law to be kept confidential (such as matters governed by the family
court act) or in matters in which the reporting individual represents or
provides services to minors, the client's name may be replaced with
initials.
To the extent that the reporting individual, or his or her
firm, provided legal representation with respect to an initial public
offering, and professional disciplinary rules, federal law or regulations restrict the disclosure of information relating to such work,
the reporting individual shall (i) disclose the identity of the client
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office of court administration, who will maintain such information
confidentially in a locked box; and (ii) include in his or her response
to questions (b-1) and (b-2) that pursuant to this paragraph, a disclosure to the office of court administration has been made. Upon such time
that the disclosure of information maintained in the locked box is no
longer restricted by professional disciplinary rules, federal law or
regulation, the reporting individual shall disclose such information in
an amended disclosure statement in response to the disclosure requirements in questions (b-1) and (b-2). The office of court administration
shall develop and maintain a secure portal through which information
submitted to it pursuant to this paragraph can be safely and confidentially stored. With respect to clients represented in other matters not
otherwise exempt, the reporting individual may request an exemption to
publicly disclosing the name of that client from the joint commission
pursuant to paragraph (i) of subdivision nine of section ninety-four of
the executive law, or from the office of court administration. In such
application, the reporting individual shall state the following: "My
client is not currently receiving my services or seeking my services in
connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iv) A grant obtained through a legislative initiative during the
reporting period; or
(v) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period."
In reviewing the request for an exemption, the joint commission or the
office of court administration may consult with bar or other professional associations and the legislative ethics commission for individuals subject to its jurisdiction and may consider the rules of professional conduct. In making its determination, the joint commission or the
office of court administration shall conduct its own inquiry and shall
consider factors including, but not limited to: (i) the nature and the
size of the client; (ii) whether the client has any business before the
state; and if so, how significant the business is; and whether the
client has any particularized interest in pending legislation and if so
how significant the interest is; (iii) whether disclosure may reveal
trade secrets; (iv) whether disclosure could reasonably result in retaliation against the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm to the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
The joint commission or, as the case may be, the office of court
administration shall promptly make a final determination in response to
such request, which shall include an explanation for its determination.
The office of court administration shall issue its final determination
within three days of receiving the request.
Notwithstanding any other
provision of law or any professional disciplinary rule to the contrary,
the disclosure of the identity of any client or customer in response to
this question shall not constitute professional misconduct or a ground
for disciplinary action of any kind, or form the basis for any civil or
criminal cause of action or proceeding.
A reporting individual who
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need not report clients or customers with respect to matters for which
the reporting individual or his or her firm was retained prior to entering public office.
Client
Services
Category of Amount
Actually Provided
(in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. Section 73-a of the public officers law is amended by adding a
new subdivision 7 to read as follows:
7. With respect to an application to either the joint commission or
the office of court administration for an exemption to disclosing the
name of a client or customer in response to questions 8 (b-1), 8 (b-2)
and 8 (c), all information which is the subject of or a part of such
application shall remain confidential. The name of the client need not
be disclosed by the reporting individual unless and until the joint
commission or the office of court administration formally advises the
reporting individual that he or she must disclose such names and the
reporting individual agrees to represent the client. Any commissioner or
person employed by the joint commission or any person employed by the
office of court administration who, intentionally and without authorization from a court of competent jurisdiction releases confidential
information related to a request for an exemption received by the
commission or the office of court administration shall be guilty of a
class A misdemeanor.
4. Section 73 of the public officers law is amended by adding a new
subdivision 7-a to read as follows:
7-a. No member of the legislature, legislative employee, statewide
elected official, or state officer or employee shall receive, directly
or indirectly, or enter into any agreement express or implied, for any
compensation, in whatever form, for the rendering of consulting, representational, advisory or other services by himself or herself or another
in connection with any proposed or pending bill or resolution in the
senate or assembly.
5. Subdivision 18 of section 73 of the public officers law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
18. In addition to any penalty contained in any other provision of
law, any person who knowingly and intentionally violates the provisions
of subdivisions two through five, seven, seven-a, eight, twelve or fourteen through seventeen of this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars and the value
of any gift, compensation or benefit received in connection with such
violation. Assessment of a civil penalty hereunder shall be made by the
state oversight body with jurisdiction over such person. A state oversight body acting pursuant to its jurisdiction, may, in lieu of a civil
penalty, with respect to a violation of subdivisions two through five,
seven or eight of this section, refer a violation of any such subdivision to the appropriate prosecutor and upon such conviction such
violation shall be punishable as a class A misdemeanor.
6. Subdivisions (k) and (t) of section 1-c of the legislative law,
subdivision (k) as amended and subdivision (t) as added by chapter 1 of
the laws of 2005, are amended to read as follows:

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(k) The term "municipality" shall mean any jurisdictional subdivision
of the state, including but not limited to counties, cities, towns,
villages, improvement districts and special districts, with a population
of more than [fifty] five thousand, and industrial development agencies
in jurisdictional subdivisions with a population of more than [fifty]
five thousand; and public authorities, and public corporations[, but
shall not include school districts].
(t) The term "local legislative body" shall mean the board of supervisors, board of aldermen, common council, council, commission, town
board, board of trustees or other elective governing board or body of a
municipality now or hereafter vested by state statute, charter or other
law with jurisdiction to initiate and adopt local laws [and], ordinances
and budgets, whether or not such local laws [or], ordinances or budgets
require approval of the elective chief executive officer or other official or body to become effective.
7. Subdivision 2 of section 5 of the legislative law is REPEALED and
a new subdivision 2 is added to read as follows:
2. (a) Each member of the legislature, upon verification of attendance, which shall be by electronic verification when practicable, in
compliance with the policies set forth by the speaker of the assembly
and the temporary president of the senate for their respective bodies,
shall be eligible to receive payment of actual and necessary travel
expenses and a per diem equivalent to the most recent federal per diem
rates published by the general services administration as set forth in
41 CFR (Code of Federal Regulations) Part 301, App. A, for the time in
which the member was in travel status in the performance of his or her
duties during the months in which the legislature is scheduled to be in
regular session. During the months when the legislature is not scheduled to be in regular session, members shall receive such actual and
necessary travel expenses and per diems, in compliance with verification
policies and in accord with standards and limits for reimbursable events
set forth by the speaker of the assembly and the temporary president of
the senate for their respective bodies. The per diem allowances including partial per diem allowances shall be made on audit and warrant of
the comptroller on vouchers approved by the temporary president of the
senate or his or her designee and speaker of the assembly or his or her
designee for their respective houses.
(b) Each house shall make available on its website all documentation
otherwise available to the public pursuant to section eighty-eight of
the public officers law related to the payment of travel expenses and
per diems.
8. Subdivision 1 of section 14-107 of the election law, as added by
section 4 of subpart C of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
1. For purposes of this article:
(a) "Independent expenditure" means an expenditure made by a person
conveyed to five hundred or more members of a general public audience in
the form of (i) an audio or video communication via broadcast, cable or
satellite, (ii) a written communication via advertisements, pamphlets,
circulars, flyers, brochures, letterheads or (iii) other published
statements which: (i) irrespective of when such communication is made,
contains words such as "vote," "oppose," "support," "elect," "defeat,"
or "reject," which call for the election or defeat of the clearly identified candidate, [or] (ii) refers to and advocates for or against a
clearly identified candidate or ballot proposal on or after January
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office or such proposal shall appear on the ballot, or (iii) within
sixty days before a general or special election for the office sought by
the candidate or thirty days before a primary election, includes or
references a clearly identified candidate. An independent expenditure
shall not include communications where such candidate, the candidate's
political committee or its agents, a party committee or its agents, or a
constituted committee or its agents or a political committee formed to
promote the success or defeat of a ballot proposal or its agents, did
authorize, request, suggest, foster or cooperate in such communication.
(b) Independent expenditures do not include expenditures in connection
with:
(i) a written news story, commentary, or editorial or a news story,
commentary, or editorial distributed through the facilities of any
broadcasting station, cable or satellite unless such publication or
facilities are owned or controlled by any political party, political
committee or candidate; or
(ii) a communication that constitutes a candidate debate or forum; or
(iii) internal communication by members to other members of a membership organization of not more than five hundred members, for the purpose
of supporting or opposing a candidate or candidates for elective office,
provided such expenditures are not used for the costs of campaign material or communications used in connection with broadcasting, telecasting, newspapers, magazines, or other periodical publication, billboards,
or similar types of general public communications; or
(iv) internal communications by members to other members of a membership organization of not more than five hundred members or communications by a corporation organized for charitable purposes pursuant to
501(c)(3) of the internal revenue code, within sixty days before a
general or special election for the office sought by the candidate or
thirty days before a primary election, that includes or references a
clearly identified candidate but does not otherwise qualify as an independent expenditure under this section.
(v) a communication published on the Internet, unless the communication is a paid advertisement.
(c) For purposes of this section, the term "person" shall mean person,
group of persons, corporation, unincorporated business entity, labor
organization or business, trade or professional association or organization, or political committee; provided, however, that such definition
shall not include any party or constituted committee, that is required
to file disclosure reports under this chapter.
9. Section 14-130 of the election law, as added by chapter 152 of
the laws of 1985, is amended to read as follows:
14-130. Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for any lawful
purpose. Such funds shall not be converted by any person to a personal
use which is unrelated to a political campaign or the holding of a
public office or party position.
2. No contribution shall be used to pay interest or any other finance
charges upon monies loaned to the campaign by such candidate or the
spouse of such candidate.
3. For the purposes of this section, contributions "converted by any
person to a personal use" are expenditures that are exclusively for the
personal benefit of the candidate or any other individual, not in
connection with a political campaign or the holding of a public office
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meeting the definition in this subdivision, shall include, but not be
limited to, expenses for the following:
(i) any residential or household items, supplies or expenditures,
including mortgage, rent or utility payments for any part of any
personal residence of a candidate or officeholder or a member of the
candidate's or officeholder's family that are not incurred as a result
of, or to facilitate, the individual's campaign, or the execution of his
or her duties of public office or party position. In the event that any
property or building is used for both personal and campaign use or as
part of the execution of his or her duties of public office or party
position, personal use shall constitute expenses that exceed the prorated amount for such expenses based on fair-market value.
(ii) mortgage, rent, or utility payments to a candidate or officeholder for any part of any non-residential property that is owned by a
candidate or officeholder or a member of a candidate's or officeholder's
family and used for campaign purposes, to the extent the payments exceed
the fair market value of the property's usage for campaign activities;
(iii) clothing, other than items that are used in the campaign or in
the execution of the duties of public office or party position;
(iv) tuition payments unrelated to a political campaign or the holding
of a public office or party position;
(v) salary payments or other compensation provided to any person for
services where such services are not solely for campaign purposes or
provided in connection with the execution of the duties of public office
or party position;
(vi) salary payments or other compensation provided to a member of a
candidate's family, unless the family member is providing bona fide
services to the campaign. If a family member provides bona fide services
to a campaign, any salary payments or other compensation in excess of
the fair market value of the services provided shall be considered
payments for personal use;
(vii) admission to a sporting event, concert, theater, or other form
of entertainment, unless such event is part of, or in connection with, a
campaign or is related to the holding of public office or party position;
(viii) payment of any fines or penalties assessed against the candidate pursuant to this chapter or in connection with a criminal
conviction or by the joint commission for public ethics pursuant to
section ninety-four of the executive law or sections seventy-three or
seventy-three-a of the
public officers law or the legislative ethics
commission pursuant to section eighty of the legislative law;
(ix) dues, fees, or gratuities at a country club, health club, recreational facility or other entities with a similar purpose, unless they
are expenses connected with a specific fundraising event or activity
associated with a political campaign or the holding of public office or
party position that takes place on the organization's premises; and
(x) travel expenses including automobile purchases or leases, unless
used for campaign purposes or in connection with the execution of the
duties of public office or party position and usage of such vehicle
which is incidental to such purposes or the execution of such duties.
4. Nothing in this section shall prohibit a candidate from purchasing
equipment or property from his or her personal funds and leasing or
renting such equipment or property to a committee working directly or
indirectly with him to aid or participate in his or her nomination or
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agreement. Such agreement shall include the lease or rental price, which
shall not exceed the fair lease or rental value of the equipment. The
candidate shall not receive lease or rental payments which, in the
aggregate, exceed the cost of purchasing the equipment or property.
5. Nothing in this section shall prohibit an elected public officeholder from using campaign contributions to facilitate, support, or
otherwise assist in the execution or performance of the duties of his or
her public office.
6. The state board of elections shall issue advisory opinions upon
request regarding expenditures that may or may not be considered
personal use of contributions. Any formal or informal advisory opinions
issued by a majority vote of the commissioners of the state board of
elections shall be binding on the board, the chief enforcement counsel
established by subdivision three-a of section 3-100 of this chapter, and
in any subsequent civil or criminal action or proceeding or administrative proceeding.
10. The opening paragraph of paragraph (a) of subdivision 6 of
section 156 of the retirement and social security law, as added by
section 1 of part C of chapter 399 of the laws of 2011, is amended to
read as follows:
"Public official" shall mean any of the following individuals [who
were not members of any retirement system prior to the effective date of
the chapter of the laws of two thousand eleven which added this article
but who have become members of a covered retirement system on or after
the effective date of the chapter of the laws of two thousand eleven
which added this article]:
11. Subdivisions 1 and 2 of section 157 of the retirement and social
security law, as added by section 1 of part C of chapter 399 of the laws
of 2011, are amended to read as follows:
1. Notwithstanding any other law to the contrary, it shall be a term
and condition of membership for every public official [who becomes a
member of any retirement system on or after the effective date of the
chapter of the laws of two thousand eleven which added this article,]
that such public official's rights to a pension in a retirement system
that accrue in such retirement system after his or her date of initial
membership in the retirement system shall be subject to the provisions
of this article.
2. In the case of a public official who stands convicted, by plea of
nolo contendere or plea of guilty to, or by conviction after trial, of
any crime related to public office, and has been sentenced, an action
may be commenced in supreme court of the county in which such public
official was convicted of such felony crime, by the district attorney
having jurisdiction over such crime, or by the attorney general if the
attorney general brought the criminal charge which resulted in such
conviction, for an order to reduce or revoke the pension to which such
public official is otherwise entitled for service as a public official.
Such complaint shall specify with particularity which category of felony
pursuant to subdivision one of section one hundred fifty-six of this
article the defendant has committed, and all other facts that are
alleged to qualify such crime as a felony crime related to public office
subject to pension reduction or revocation pursuant to this article, and
the amount of pension reduction or revocation requested. Such action
shall be commenced within six months after such [conviction] sentencing.
12. Subdivision 10 of section 157 of the retirement and social security law, as added by section 1 of part C of chapter 399 of the laws of
2011, is amended to read as follows:

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10. (a) Upon a finding by the court by clear and convincing evidence
that the defendant knowingly and intentionally committed a crime related
to public office, the court may issue an order to the appropriate
retirement system to reduce or revoke the defendant's pension to which
he or she is otherwise entitled as such a public official. All orders
and findings made by the court pursuant to this section shall be served
by the attorney general or the district attorney, as the case may be
upon the chief administrator of the defendant's retirement system and
the defendant.
(b) If the court issues an order pursuant to paragraph (a) of this
subdivision, the court shall order payment of a portion of such pension
benefit to: (1) the innocent spouse if so requested by such spouse payable at the time the public official would have been eligible for retirement if such spouse has not otherwise waived, in writing, his or her
right to such benefit; and (2) innocent minor children and other dependents pursuant to law of the public official in an amount that the court
finds just and proper consistent with the pension benefits to which the
public official would be entitled and the portion of those benefits
which would be used for the support of such minor children or dependents
pursuant to law. Such payment to the innocent spouse shall be computed
pursuant to paragraph (c) of this subdivision, and payments pursuant to
subparagraphs one and two of this paragraph shall be adjusted to reflect
interest accrued between the time of such conviction and the time of
such payment.
(c) When determining the amount of benefits which the defendant's
innocent spouse is entitled to receive, the factors contained in paragraph d of subdivision five of part B of section two hundred thirty-six
of the domestic relations law shall be considered by the court. However,
when determining such apportionment, the court shall not annul or modify
any prior court order regarding such benefits.
13. Subdivision 8 of section 157 of the retirement and social security law, as added by section 1 of part C of chapter 399 of the laws of
2011, is amended to read as follows:
8. In determining whether the pension shall be reduced or revoked, the
supreme court shall consider and make findings of fact and conclusions
of law that include, but shall not be limited to, a consideration of the
following factors:
(a) Whether the defendant stands convicted of such a felony of a crime
related to public office, and the specific paragraph or paragraphs of
subdivision one of section one hundred fifty-six of this article that
have been proven or not proven;
(b) The severity of the crime related to public office of which the
defendant stands convicted;
(c) The amount of monetary loss suffered by such state or municipality
as a result of such crime related to public office;
(d) The degree of public trust reposed in the public official by
virtue of the person's position as a public official;
(e) If the crime related to public office was part of a fraudulent
scheme against the state or a municipality, the role of the public official in such fraudulent scheme against such state or a municipality;
(f) The defendant's criminal history, if any;
(g) The impact of forfeiture, in whole or in part, on defendant's
dependents, present or former spouses, or domestic partners;
(h) The proportionality of forfeiture of all or part of the pension to
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(i) The years of service in public office by the defendant where no
criminal activity has been found by a court; and
[(i)] (j) Any such other factors as, in the judgment of the supreme
court, justice may require.
14. The office of court administration shall promulgate rules to
effectuate the amendments to section 73-a of the public officers law
made by sections two and three of this act which require it to establish
a "locked box" and establish a mechanism to process and consider claims
by individuals required to file financial disclosure statements for
exempting the disclosure of clients.
15. Severability clause.
If any clause, sentence, paragraph,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
16. This act shall take effect immediately; provided, however, the
amendments made to subparagraph (c) of paragraph 8 of subdivision 3 of
section 73-a of the public officers law by section one of this act shall
take effect December 31, 2015; provided, further, that sections ten,
eleven, and twelve of this act shall take effect on the first of January
next succeeding the date upon which the people shall approve and ratify
amendments to section 7 of article V of the constitution by a majority
of the electors voting thereon relating to the reduction of pension
benefits for public officials convicted of certain felony offenses
related to public office and shall only apply to offenses committed on
or after such first of January.
PART DD
Section 1. Section 21 of part A of chapter 399 of the laws of 2011,
relating to establishing the public integrity reform act of 2011, is
amended to read as follows:
21. No later than [June 1, 2014] May 1, 2015, the governor [and],
the [legislative leaders] temporary president of the senate and the
speaker of the assembly shall jointly appoint a review commission to
review and evaluate the activities and performance of the joint commission on public ethics and the legislative ethics commission in implementing the provisions of this act. On or before [March] November 1,
2015, the review commission shall report to the governor and the legislature on its review and evaluation which report shall include any
administrative and legislative recommendations on strengthening the
administration and enforcement of the ethics law in New York state. The
review commission shall be comprised of eight members and the governor
[and], the [legislative leaders] temporary president of the senate and
the speaker of the assembly shall jointly designate a chair from among
the members.
2. This act shall take effect immediately.
PART EE
Section 1. This act enacts into law components of legislation which
are necessary to implement legislation relating to the state fiscal
plan. Each component is wholly contained within a Subpart identified as
Subparts A through H. The effective date for each particular provision

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contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes a reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section four of this act
sets forth the general effective date of this act.
2. This act shall be known as the "education transformation act of
2015".
SUBPART A
Section 1. The education law is amended by adding a new section 669-f
to read as follows:
669-f. New York state masters-in-education teacher incentive scholarship program. 1.
Eligibility. Students who are matriculated in an
approved master's degree in education program at a New York state public
institution of higher education leading to a career as a teacher in
public elementary or secondary education shall be eligible for an award
under this section, provided the applicant: (a) earned an undergraduate
degree from a college located in New York state; (b) was a New York
state resident while earning such undergraduate degree; (c) achieved
academic excellence as an undergraduate student, as defined by the
corporation in regulation; (d) enrolls in full-time study in an approved
master's degree in education program at a New York state public institution of higher education leading to a career as a teacher in public
elementary or secondary education; (e) signs a contract with the corporation agreeing to teach in a classroom setting on a full-time basis for
five years in a school located within New York state providing public
elementary or secondary education recognized by the board of regents or
the university of the state of New York, including charter schools
authorized pursuant to article fifty-six of this chapter; and (f)
complies with the applicable provisions of this article and all requirements promulgated by the corporation for the administration of the
program.
2. Within amounts appropriated therefor, awards shall be granted to
applicants that the corporation has certified are eligible to receive
such awards. Up to five hundred awards may be granted to new recipients
annually. Such awards shall be granted upon successful completion of
each term, as defined by the corporation.
3. An award shall entitle the recipient to annual payments for not
more than two academic years of full-time graduate study leading to
certification as an elementary or secondary classroom teacher.
4. The corporation shall grant such awards in an amount equal to the
annual tuition charged to state resident students attending a graduate
program full-time at the state university of New York, or actual tuition
charged, whichever is less; provided, however, (i) a student who
receives educational grants and/or scholarships that cover the student's
full cost of attendance shall not be eligible for an award under this
program; (ii) for a student who receives educational grants and/or scholarships that cover less than the student's full cost of attendance,
such grants and/or scholarships shall not be deemed duplicative of this
program and may be held concurrently with an award under this program,
provided that the combined benefits do not exceed the student's full
cost of attendance; and (iii) an award under this program shall be
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and scholarships limited to tuition and shall be reduced in an amount
equal to such educational grants and/or scholarships. Upon notification
of an award under this program, the institution shall defer the amount
of tuition equal to the award. No award shall be final until the recipient's successful completion of a term has been certified by the institution. A recipient of an award under this program shall not be eligible
for an award under the New York state math and science teaching incentive program.
5. The corporation shall convert to a student loan the full amount of
the award granted pursuant to this section, plus interest, according to
a schedule to be determined by the corporation if: (a) two years after
the completion of the degree program and receipt of initial certification it is found that a recipient is not teaching in a public school
located within New York state providing elementary or secondary education recognized by the board of regents or the university of the state
of New York, including charter schools authorized pursuant to article
fifty-six of this chapter; (b) a recipient has not taught in a public
school located within New York state providing elementary or secondary
education recognized by the board of regents or the university of the
state of New York, including charter schools authorized pursuant to
article fifty-six of this chapter, for five of the seven years after the
completion of the graduate degree program and receipt of initial certification; (c) a recipient fails to complete his or her graduate degree
program in education; (d) a recipient fails to receive or maintain his
or her teaching certificate or license in New York state for the
required period; or (e) a recipient fails to respond to requests by the
corporation for the status of his or her academic or professional
progress. The terms and conditions of this subdivision shall be deferred
for any interruption in graduate study or employment as established by
the rules and regulations of the corporation. Any obligation to comply
with such provisions as outlined in this section shall be cancelled upon
the death of the recipient. Notwithstanding any provisions of this
subdivision to the contrary, the corporation is authorized to promulgate
rules and regulations to provide for the waiver or suspension of any
financial obligation which would involve extreme hardship.
6. The corporation is authorized to promulgate rules and regulations,
and may promulgate emergency regulations, necessary for the implementation of the provisions of this section including, but not limited to,
the criteria for the provision of awards on a competitive basis, and the
rate of interest charged for repayment of the student loan.
2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
SUBPART B
Section 1. The education law is amended by adding a new section 210-a
to read as follows:
210-a. Admission requirements for graduate-level teacher and educational leader programs. Each institution registered by the department
with graduate-level teacher and leader education programs shall adopt
rigorous selection criteria geared to predicting a candidate's academic
success in its program, including but not limited to, a minimum score on
the graduate record examination or a substantially equivalent admission
examination, as determined by the institution, and achievement of a
cumulative grade point average of 3.0 or higher in the candidate's
undergraduate program. Each program may exempt no more than fifteen

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percent of any incoming class of students from such selection criteria
set forth in this section based on a student's demonstration of potential to positively contribute to the teaching profession or other extenuating circumstances pursuant to the regulations of the commissioner. A
program shall report to the department the number of students admitted
pursuant to such exemption and the selection criteria used for such
exemptions.
2. The education law is amended by adding a new section 210-b to
read as follows:
210-b. Graduate-level teacher and educational leadership program
deregistration and suspension. 1. The department shall suspend a graduate program's authority to admit new students if for three consecutive
academic years, fewer than fifty percent of its students who have satisfactorily completed the program pass each examination that they have
taken that is required for certification and shall notify currently
admitted and enrolled students of such suspension. The graduate program
shall be permitted to continue operations for the length of time it
would take all currently admitted and/or enrolled students, if they were
to attend classes on a full-time basis, to complete the requirements for
their degrees. If, at any time during such period, the commissioner
determines that student and/or program performance has significantly
improved, the commissioner may reinstate the program's ability to admit
new students. If the commissioner does not affirmatively reinstate the
program's authority to admit new students during such time period, the
program shall be deregistered. For purposes of this subdivision,
students who have satisfactorily completed the graduate program shall
mean students who have met each educational requirement of the program,
excluding any requirement that the student pass each required New York
State teacher certification examination for a teaching certificate
and/or school building leader examination for a school building leader
certificate in order to complete the program. Students satisfactorily
meeting each educational requirement may include students who earn a
degree or students who complete each educational requirement without
earning a degree.
When making such a determination, the department
shall consider the performance on each certification examination of the
cohort of students completing an examination not more than five years
before the end of the academic year in which the program is completed or
not later than the September thirtieth following the end of such academic year, where academic year is defined as July first through June thirtieth, and shall consider only the highest score of individuals taking a
test more than once.
When making such a determination the department
may adjust its methodology for determining examination passage rates for
one or more certification examinations to account for sample size and
accuracy.
2. The institution may submit an appeal of a suspension of a graduate
program's ability to admit students or deregistration pursuant to this
section in a manner and timeframe as prescribed by the commissioner in
regulations. However, a program that has had its ability to admit
students suspended shall not admit new students while awaiting the
commissioner's decision on any appeal. An institution with a deregistered program shall not admit any new students in such program while
awaiting the commissioner's decision on its application for registration.
3. The department may also, as prescribed by the commissioner in regulations, conduct expedited suspension and registration reviews for graduate programs, pursuant to regulations of the commissioner.

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3. This act shall take effect July 1, 2015, provided that the
provisions of section one of this act shall first apply to admissions
requirements for programs commencing instruction on or after July 1,
2016, and provided further that the authority of the board of regents to
adopt regulations necessary to implement the provisions of this act on
such effective date shall take effect immediately.
SUBPART C
Section 1. Section 3006 of the education law is amended by adding a
new subdivision 3 to read as follows:
3. Registration. a. Commencing with the two thousand sixteen--two
thousand seventeen school year, any holder of a teaching certificate in
the classroom teaching service, teaching assistant certificate, or
educational leadership certificate that is valid for life as prescribed
by the commissioner in regulations shall be required to register with
the department every five years in accordance with regulations of the
commissioner. Such regulations shall prescribe the date or dates by
which applications for initial registration must be submitted and may
provide for staggered initial registration and/or rolling re-registration so that re-registrations are distributed as equally as possible
throughout the year and across multiple years.
b. The department shall post an application for registration on its
website. An application shall be submitted for a registration certificate. Except as otherwise provided in this section, the department
shall renew the registration of each certificate holder upon receipt of
a proper application on a form prescribed by the department. Any certificate holder who fails to register by the beginning of the appropriate
registration period may be subject to late filing penalties
as
prescribed by the commissioner. No certificate holder resuming practice
after a lapse of registration shall be permitted to practice without
verification of re-registration.
c. Any certificate holder who is not engaging in the practice of his
or her profession in this state and does not desire to register shall so
advise the department. Such certificate holder shall not be subject to
penalties as prescribed by the commissioner for failure to register at
the beginning of the registration period.
d. Certificate holders shall notify the department of any change of
name or mailing address within thirty days of such change. Willful failure to register or provide such notice within one hundred eighty days of
such change may constitute grounds for moral character review under
subdivision seven of section three hundred five of this chapter.
2. The education law is amended by adding a new section 3006-a to
read as follows:
3006-a. Registration and continuing teacher and leader education
requirements for holders of professional certificates in the classroom
teaching service, holders of level III teaching assistant certificates,
holders of professional certificates in the educational leadership
service. 1. a. Commencing with the two thousand sixteen--two thousand
seventeen school year, each holder of a professional certificate in the
classroom teaching service, holder of a level III teaching assistant
certificate and holder of a professional certificate in the educational
leadership service shall be required to register every five years with
the department to practice in the state and shall comply with the
provisions of the continuing teacher and leader education requirements
set forth in this section.

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b. Any of the certified individuals described in paragraph a of this
subdivision who do not satisfy the continuing teacher and leader education requirements shall not practice until they have met such requirements and have been issued a registration or conditional registration
certificate.
c. In accordance with the intent of this section, adjustments to the
continuing teacher and leader education requirement may be granted by
the department for reasons of health certified by a health care provider, for extended active duty with armed forces of the United States, or
for other good cause acceptable to the department which may prevent
compliance.
d. Any certificate holder who is not practicing as a teacher, teaching
assistant or educational leader in a school district or board of cooperative educational services in this state shall be exempt from the
continuing teacher and leader education requirement upon the filing of a
written statement with the department declaring such status. Any holder
of a professional certificate in the classroom teaching service, holder
of a level III teaching assistant certificate and holder of a professional certificate in the educational leadership service who resumes
practice during the five-year registration period shall notify the
department prior to resuming practice and shall meet such continuing
teacher and leader education requirements as prescribed in regulations
of the commissioner.
2. a. During each five-year registration period beginning on or after
July first, two thousand sixteen, an applicant for registration shall
successfully complete a minimum of one hundred hours of continuing
teacher and leader education, as defined by the commissioner. The
department shall issue rigorous standards for courses, programs, and
activities, that shall qualify as continuing teacher and leader education pursuant to this section. For purposes of this section, a peer
review teacher, or a principal acting as an independent trained evaluator, conducting a classroom observation as part of the teacher evaluation system pursuant to section three thousand twelve-d of this article
may credit such time towards his or her continuing teacher and leader
effectiveness requirements.
b. Nothing in this section shall limit the ability of local school
districts to agree pursuant to collective bargaining to additional hours
of professional development or continuing teacher or leader education
above the minimum requirements set forth in this section.
c. A certified individual who has not satisfied the continuing teacher
and leader education requirements shall not be issued a five-year registration certificate by the department and shall not practice unless and
until a registration or conditional registration certificate is issued
as provided in subdivision three of this section. For purposes of this
subdivision, "continuing teacher and leader education requirements"
shall mean activities designed to improve the teacher or leader's pedagogical and/or leadership skills, targeted at improving student performance, including but not limited to formal continuing teacher and leader
education activities. Such activities shall promote the professionalization of teaching and be closely aligned to district goals for student
performance which meet the standards prescribed by regulations of the
commissioner. To fulfill the continuing teacher and leader education
requirement, programs must be taken from sponsors approved by the
department, which shall include but not be limited to school districts,
pursuant to the regulations of the commissioner.

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3. The department, in its discretion, may issue a conditional registration to a teacher, teaching assistant or educational leader in a
school district or board of cooperative educational services in this
state who fails to meet the continuing teacher and leader education
requirements established in subdivision two of this section but who
agrees to make up any deficiencies and take any additional continuing
teacher and leader education which the department may require. The duration of such conditional registration shall be determined by the department. Any holder of a professional certificate in the classroom teaching
service, holder of a level III teaching assistant certificate or holder
of a professional certificate in the educational leadership service and
any other certified individual required by the commissioner to register
every five years who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required
continuing teacher and leader education and who practices without such
registration, shall be subject to moral character review under subdivision seven of section three hundred five of this chapter.
3. This act shall take effect July 1, 2015, provided that the
provisions of section one of this act shall first apply to admissions
requirements for programs commencing instruction on or after July 1,
2016, and provided further that the authority of the board of regents to
adopt regulations necessary to implement the provisions of this act on
such effective date shall take effect immediately.
SUBPART D
Section 1. Paragraphs (a) and (b) of subdivision 1 of section 2509 of
the education law, paragraph (a) as amended by chapter 551 of the laws
of 1976, and paragraph (b) as amended by chapter 468 of the laws of
1975, are amended to read as follows:
(a) i. Teachers and all other members of the teaching staff[,]
appointed prior to July first, two thousand fifteen and authorized by
section twenty-five hundred three of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of three years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of two years or as a seasonally licensed per
session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same
subject in day schools on an annual salary, the probationary period
shall be limited to one year; provided, however, that in the case of a
teacher who has been appointed on tenure in another school district
within the state, the school district where currently employed, or a
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a of this chapter, the
probationary period shall not exceed two years. The service of a person
appointed to any of such positions may be discontinued at any time
during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the board of education. Each
person who is not to be recommended for appointment on tenure shall be
so notified by the superintendent of schools in writing not later than
sixty days immediately preceding the expiration of his probationary
period.
ii. Notwithstanding any other provision of law or regulation to the
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on or after July first, two thousand fifteen and authorized by section
twenty-five hundred three of this article, shall be appointed by the
board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of two years and, if a classroom teacher, has
received composite annual professional performance review ratings in
each of those years, or has rendered satisfactory service as a
seasonally licensed per session teacher of swimming in day schools who
has served in that capacity for a period of two years and has been
appointed to teach the same subject in day schools on an annual salary,
the teacher shall be appointed for a probationary period of two years;
provided, however, that in the case of a teacher who has been appointed
on tenure in another school district within the state, the school
district where currently employed, or a board of cooperative educational
services, and who was not dismissed from such district or board as a
result of charges brought pursuant to subdivision one of section three
thousand twenty-a or section three thousand twenty-b of this chapter,
the teacher shall be appointed for a probationary period of three years;
provided that the teacher demonstrates that he or she received an annual
professional performance review rating pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter in his
or her final year of service in such other school district or board of
cooperative educational services. The service of a person appointed to
any of such positions may be discontinued at any time during such probationary period, on the recommendation of the superintendent of schools,
by a majority vote of the board of education. Each person who is not to
be recommended for appointment on tenure shall be so notified by the
superintendent of schools in writing not later than sixty days immediately preceding the expiration of his/her probationary period.
(b) i. Administrators, directors, supervisors, principals and all
other members of the supervising staff, except associate, assistant and
other superintendents[,] appointed prior to July first, two thousand
fifteen and authorized by section twenty-five hundred three of this
article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools for a probationary period of
three years. The service of a person appointed to any of such positions
may be discontinued at any time during the probationary period on the
recommendation of the superintendent of schools, by a majority vote of
the board of education.
ii. Notwithstanding any other provision of law or regulation to the
contrary, administrators, directors, supervisors, principals and all
other members of the supervising staff, except associate, assistant and
other superintendents, appointed on or after July first, two thousand
fifteen and authorized by section twenty-five hundred three of this
article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools for a probationary period of
four years. The service of a person appointed to any of such positions
may be discontinued at any time during the probationary period on the
recommendation of the superintendent of schools, by a majority vote of
the board of education.
2. Subdivision 2 of section 2509 of the education law, as amended by
section 6 of part A of chapter 57 of the laws of 2007, is amended to
read as follows:
2. a. At the expiration of the probationary term of any persons
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within six months prior thereto, the superintendent of schools shall
make a written report to the board of education recommending for
appointment on tenure those persons who have been found competent, efficient and satisfactory[, consistent with any applicable rules of the
board of regents adopted pursuant to section three thousand twelve-b of
this chapter]. By a majority vote the board of education may then
appoint on tenure any or all of the persons recommended by the superintendent of schools. Such persons and all others employed in the teaching service of the schools of such school district who have served the
full probationary period shall hold their respective positions during
good behavior and efficient and competent service, and shall not be
removable except for cause after a hearing as provided by section three
thousand twenty-a or section three thousand twenty-b of [such law] this
chapter. Failure to maintain certification as required by this chapter
and the regulations of the commissioner [of education] shall constitute
cause for removal.
b. For persons appointed on or after July first, two thousand fifteen,
at the expiration of the probationary term of any persons appointed for
such term, or within six months prior thereto, the superintendent of
schools shall make a written report to the board of education recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory and in the case of a classroom teacher
or building principal, who have received annual professional performance
review ratings pursuant to section three thousand twelve-c or section
three thousand twelve-d of this chapter, of either effective or highly
effective in at least three of the four preceding years, exclusive of
any
breaks in service; provided that, notwithstanding any other
provision of this section to the contrary, when a teacher or principal
receives an effective or highly effective rating in each year of his or
her probationary service except he or she receives an ineffective rating
in the final year of his or her probationary period, such teacher or
principal shall not be eligible for tenure but the board of education in
its discretion, may extend the teacher's probationary period for an
additional year; provided, however, that if such teacher or principal
successfully appealed such ineffective rating, such teacher or principal
shall immediately be eligible for tenure if the rating resulting from
the appeal established that such individual has been effective or highly
effective in at least three of the preceding four years and was not
ineffective in the final year. By a majority vote, the board of education may then appoint on tenure any or all of the persons recommended by
the superintendent of schools. At the expiration of the probationary
period, the classroom teacher or building principal shall remain in
probationary status until the end of the school year in which such
teacher or principal has received such ratings of effective or highly
effective for at least three of the four preceding school years exclusive of any breaks in service and subject to the terms hereof, during
which time a board of education shall consider whether to grant tenure
for those classroom teachers or building principals who otherwise have
been found competent, efficient and satisfactory. Provided, however,
that the board of education may grant tenure contingent upon a classroom
teacher's or building principal's receipt of a minimum rating in the
final year of the probationary period, pursuant to the requirements of
this section, and if such contingency is not met after all appeals have
been exhausted, the grant of tenure shall be void and unenforceable and
the teacher's or principal's probationary period may be extended in
accordance with this subdivision. Such persons who have been recommended

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for tenure and all others employed in the teaching service of the
schools of such school district who have served the full probationary
period as extended pursuant to this subdivision shall hold their respective positions during good behavior and efficient and competent service,
and shall not be removable except for cause after a hearing as provided
by section three thousand twenty-a or section three thousand twenty-b of
this chapter. Failure to maintain certification as required by this
chapter and the regulations of the commissioner shall constitute cause
for removal.
3. Subdivisions 1, 5 and 6 of section 2573 of the education law,
subdivision 1 as amended by chapter 732 of the laws of 1971, paragraph
(a) of subdivision 1 as amended by chapter 640 of the laws of 1983,
paragraph (b) of subdivision 1 as amended by chapter 468 of the laws of
1975, subdivisions 5 and 6 as amended by section 7 of part A of chapter
57 of the laws of 2007, are amended to read as follows:
1. (a) i. Teachers and all other members of the teaching staff,
appointed prior to July first, two thousand fifteen and authorized by
section twenty-five hundred fifty-four of this article, shall be
appointed by the board of education, upon the recommendation of the
superintendent of schools, for a probationary period of three years,
except that in the case of a teacher who has rendered satisfactory
service as a regular substitute for a period of two years or as a
seasonally licensed per session teacher of swimming in day schools who
has served in that capacity for a period of two years and has been
appointed to teach the same subject in day schools on an annual salary,
the probationary period shall be limited to one year; provided, however,
that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently
employed, or a board of cooperative educational services, and who was
not dismissed from such district or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this chapter, the probationary period
shall not exceed two years; provided, however, that in cities with a
population of one million or more, a teacher appointed under a newly
created license, for teachers of reading and of the emotionally handicapped, to a position which the teacher has held for at least two years
prior to such appointment while serving on tenure in another license
area who was not dismissed as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this chapter, the probationary period shall be one
year. The service of a person appointed to any of such positions may be
discontinued at any time during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the
board of education.
Each person who is not to be recommended for
appointment on tenure shall be so notified by the superintendent of
schools in writing not later than sixty days immediately preceding the
expiration of his or her probationary period. In city school districts
having a population of four hundred thousand or more, persons with
licenses obtained as a result of examinations announced subsequent to
the twenty-second day of May, nineteen hundred sixty-nine appointed upon
conditions that all announced requirements for the position be fulfilled
within a specified period of time, shall not acquire tenure unless and
until such requirements have been completed within the time specified
for the fulfillment of such requirements, notwithstanding the expiration
of any probationary period. In all other city school districts subject
to the provisions of this article, failure to maintain certification as

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required by this article and by the regulations of the commissioner [of
education] shall be cause for removal within the meaning of subdivision
five of this section.
ii. Teachers and all other members of the teaching staff appointed on
or after July first, two thousand fifteen and authorized by section
twenty-five hundred fifty-four of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of two years and, if a classroom teacher, has
received annual professional performance review ratings in each of those
years, or has rendered satisfactory service as a seasonally licensed per
session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same
subject in day schools on an annual salary, the teacher shall be
appointed for a probationary period of two years; provided, however,
that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently
employed, or a board of cooperative educational services, and who was
not dismissed from such district or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this chapter, the teacher shall be
appointed for a probationary period of three years; provided that, in
the case of a classroom teacher, the teacher demonstrates that he or she
received an annual professional performance review rating pursuant to
section three thousand twelve-c or section three thousand twelve-d of
this chapter in his or her final year of service in such other school
district or board of cooperative educational services; provided, however, that in cities with a population of one million or more, a teacher
appointed under a newly created license, for teachers of reading and of
the emotionally handicapped, to a position which the teacher has held
for at least two years prior to such appointment while serving on tenure
in another license area who was not dismissed as a result of charges
brought pursuant to subdivision one of section three thousand twenty-a
or section three thousand twenty-b of this chapter, the teacher shall be
appointed for a probationary period of two years. The service of a
person appointed to any of such positions may be discontinued at any
time during such probationary period, on the recommendation of the
superintendent of schools, by a majority vote of the board of education.
Each person who is not to be recommended for appointment on tenure shall
be so notified by the superintendent of schools in writing not later
than sixty days immediately preceding the expiration of his or her
probationary period. In all city school districts subject to the
provisions of this article, failure to maintain certification as
required by this article and by the regulations of the commissioner
shall be cause for removal within the meaning of subdivision five of
this section.
(b) i. Administrators, directors, supervisors, principals and all
other members of the supervising staff, except executive directors,
associate, assistant, district and community superintendents and examiners, appointed prior to July first, two thousand fifteen and authorized
by section twenty-five hundred fifty-four of this article, shall be
appointed by the board of education, upon the recommendation of the
superintendent or chancellor of schools, for a probationary period of
three years. The service of a person appointed to any of such positions
may be discontinued at any time during the probationary period on the

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recommendation of the superintendent of schools, by a majority vote of
the board of education.
ii. Administrators, directors, supervisors, principals and all other
members of the supervising staff, except executive directors, associate,
assistant, district and community superintendents
and
examiners,
appointed on or after July first, two thousand fifteen and authorized by
section twenty-five hundred fifty-four of this article, shall be
appointed by the board of education, upon the recommendation of the
superintendent or chancellor of schools, for a probationary period of
four years provided that such probationary period may be extended in
accordance with paragraph (b) of subdivision five of this section. The
service of a person appointed to any of such positions may be discontinued at any time during the probationary period on the recommendation of
the superintendent of schools, by a majority vote of the board of education.
5. (a) At the expiration of the probationary term of any persons
appointed for such term prior to July first, two thousand fifteen, the
superintendent of schools shall make a written report to the board of
education recommending for permanent appointment those persons who have
been found competent, efficient and satisfactory[, consistent with any
applicable rules of the board of regents adopted pursuant to section
three thousand twelve-b of this chapter]. Such persons and all others
employed in the teaching, service of the schools of a city, who have
served the full probationary period, shall hold their respective positions during good behavior and efficient and competent service, and
shall not be removable except for cause after a hearing as provided by
section three thousand twenty-a or section three thousand twenty-b of
this chapter.
(b) At the expiration of the probationary term of any persons
appointed for such term on or after July first, two thousand fifteen,
the superintendent of schools shall make a written report to the board
of education recommending for permanent appointment those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received composite annual professional performance review ratings pursuant to section
three thousand twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective in at least three of the
four preceding years, exclusive of any breaks in service; provided that,
notwithstanding any other provision of this section to the contrary,
when a teacher or principal receives an effective and/or highly effective rating in each year of his or her probationary service except he or
she receives an ineffective rating in the final year of his or her
probationary period, such teacher or principal shall not be eligible for
tenure but the board of education in its discretion, may extend the
teacher's probationary period for an additional year; provided, however,
that if such teacher or principal successfully appealed such ineffective
rating, such teacher or principal shall immediately be eligible for
tenure if the rating resulting from the appeal established that such
individual has been effective or highly effective in at least three of
the preceding four years. At the expiration of the probationary period,
the classroom teacher or building principal shall remain in probationary
status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at
least three of the four preceding school years, exclusive of any breaks
in service and subject to the terms hereof, during which time a board of
education shall consider whether to grant tenure for those classroom

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teachers or building principals who otherwise have been found competent,
efficient and satisfactory. Provided, however, that the board of education may grant tenure contingent upon a classroom teacher's or building
principal's receipt of a minimum rating in the final year of the probationary period, pursuant to the requirements of this section, and if
such contingency is not met after all appeals have been exhausted, the
grant of tenure shall be void and unenforceable and the teacher's or
principal's probationary period may be extended in accordance with this
subdivision. Such persons who have been recommended for tenure and all
others employed in the teaching service of the schools of such school
district who have served the full probationary period as extended pursuant to this subdivision shall hold their respective positions during
good behavior and efficient and competent service, and shall not be
removable except for cause after a hearing as provided by section three
thousand twenty-a or section three thousand twenty-b of this chapter.
Failure to maintain certification as required by this chapter and the
regulations of the commissioner shall constitute cause for removal.
6. (a) In a city having a population of four hundred thousand or more,
at the expiration of the probationary term of any persons appointed for
such term prior to July first, two thousand fifteen, the superintendent
of schools shall make a written report to the board of education recommending for permanent appointment those persons who have been found
satisfactory[, consistent with any applicable rules of the board of
regents adopted pursuant to section three thousand twelve-b of this
chapter], and such board of education shall immediately thereafter issue
to such persons permanent certificates of appointment. Such persons and
all others employed in the teaching service of the schools of such city,
who have served the full probationary period shall receive permanent
certificates to teach issued to them by the certificating authority,
except as otherwise provided in subdivision ten-a of this section, and
shall hold their respective positions during good behavior and satisfactory teaching service, and shall not be removable except for cause after
a hearing as provided by section three thousand twenty-a or section
three thousand twenty-b of this chapter.
(b) At the expiration of the probationary term of any persons
appointed for such term on or after July first, two thousand fifteen,
the superintendent of schools shall make a written report to the board
of education recommending for permanent appointment those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received composite annual professional performance review ratings pursuant to section
three thousand twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective in at least three of the
four preceding years, exclusive of any breaks in service; provided that,
notwithstanding any other provision of this section to the contrary,
when a teacher receives an effective and/or highly effective rating in
each year of his or her probationary service except he or she receives
an ineffective rating in the final year of his or her probationary period, such teacher or principal shall not be eligible for tenure but the
board of education in its discretion, may extend the teacher's probationary period for an additional year; provided, however, that if such
teacher or principal successfully appealed such ineffective rating, such
teacher or principal shall immediately be eligible for tenure if the
rating resulting from the appeal established that such individual has
been effective or highly effective in at least three of the preceding
four years and was not ineffective in the final year. At the expiration

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of the probationary period, the classroom teacher or building principal
shall remain in probationary status until the end of the school year in
which such teacher or principal has received such ratings of effective
or highly effective for at least three of the four preceding school
years, exclusive of any breaks in service and subject to the terms hereof, during which time a board of education shall consider whether to
grant tenure for those classroom teachers or building principals who
otherwise have been found competent, efficient and
satisfactory.
Provided, however, that the board of education may grant tenure contingent upon a classroom teacher's or building principal's receipt of a
minimum rating in the final year of the probationary period, pursuant to
the requirements of this section, and if such contingency is not met
after all appeals have been exhausted, the grant of tenure shall be void
and unenforceable and the teacher's or principal's probationary period
may be extended in accordance with this subdivision. Such persons who
have been recommended for tenure and all others employed in the teaching
service of the schools of such school district who have served the full
probationary period as extended pursuant to this subdivision shall hold
their respective positions during good behavior and efficient and competent service, and shall not be removable except for cause after a hearing as provided by section three thousand twenty-a or section three
thousand twenty-b of this chapter. Failure to maintain certification as
required by this chapter and the regulations of the commissioner shall
constitute cause for removal.
4. Section 3012 of the education law, the section heading as amended
by chapter 358 of the laws of 1978, subdivision 1 as amended by chapter
442 of the laws of 1980, paragraph (a) of subdivision 1 as amended by
chapter 737 of the laws of 1992, subdivision 2 as amended by section 8
of part A of chapter 57 of the laws of 2007, subdivision 3 as added by
chapter 859 of the laws of 1955 and as renumbered by chapter 717 of the
laws of 1970, is amended to read as follows:
3012. Tenure: certain school districts. 1. (a) i. Teachers and all
other members of the teaching staff of school districts, including
common school districts and/or school districts employing fewer than
eight teachers, other than city school districts, who are appointed
prior to July first, two thousand fifteen, shall be appointed by the
board of education, or the trustees of common school districts, upon the
recommendation of the superintendent of schools, for a probationary
period of three years, except that in the case of a teacher who has
rendered satisfactory service as a regular substitute for a period of
two years or as a seasonally licensed per session teacher of swimming in
day schools who has served in that capacity for a period of two years
and has been appointed to teach the same subject in day schools, on an
annual salary, the probationary period shall be limited to one year;
provided, however, that in the case of a teacher who has been appointed
on tenure in another school district within the state, the school
district where currently employed, or a board of cooperative educational
services, and who was not dismissed from such district or board as a
result of charges brought pursuant to subdivision one of section three
thousand twenty-a or section three thousand twenty-b of this [chapter]
article, the probationary period shall not exceed two years. The service
of a person appointed to any of such positions may be discontinued at
any time during such probationary period, on the recommendation of the
superintendent of schools, by a majority vote of the board of education
or the trustees of a common school district.

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ii. Teachers and all other members of the teaching staff of school
districts, including common school districts and/or school districts
employing fewer than eight teachers, other than city school districts,
who are appointed on or after July first, two thousand fifteen, shall be
appointed by the board of education, or the trustees of common school
districts, upon the recommendation of the superintendent of schools, for
a probationary period of four years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a
period of two years and, if a classroom teacher, has received annual
professional performance review ratings in each of those years, or has
rendered satisfactory service as a seasonally licensed per session
teacher of swimming in day schools who has served in that capacity for a
period of two years and has been appointed to teach the same subject in
day schools, on an annual salary, the teacher shall be appointed for a
probationary period of two years; provided, however, that in the case of
a teacher who has been appointed on tenure in another school district
within the state, the school district where currently employed, or a
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this article, the teacher shall be appointed for a
probationary period of three years; provided that, in the case of a
classroom teacher, the teacher demonstrates that he or she received an
annual professional performance review rating pursuant to section three
thousand twelve-c or section three thousand twelve-d of this chapter in
his or her final year of service in such other school district or board
of cooperative educational services. The service of a person appointed
to any of such positions may be discontinued at any time during such
probationary period, on the recommendation of the superintendent of
schools, by a majority vote of the board of education or the trustees of
a common school district.
(b) i. Principals, administrators, supervisors and all other members
of the supervising staff of school districts, including common school
districts and/or school districts employing fewer than eight teachers,
other than city school districts, who are appointed prior to July first,
two thousand fifteen, shall be appointed by the board of education, or
the trustees of a common school district, upon the recommendation of the
superintendent of schools for a probationary period of three years. The
service of a person appointed to any of such positions may be discontinued at any time during the probationary period on the recommendation of
the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district.
ii. Principals, administrators, supervisors and all other members of
the supervising staff of school districts, including common school
districts and/or school districts employing fewer than eight teachers,
other than city school districts, who are appointed on or after July
first, two thousand fifteen, shall be appointed by the board of education, or the trustees of a common school district, upon the recommendation of the superintendent of schools for a probationary period of four
years. The service of a person appointed to any of such positions may be
discontinued at any time during the probationary period on the recommendation of the superintendent of schools, by a majority vote of the board
of education or the trustees of a common school district.
(c) Any person previously appointed to tenure or a probationary period
pursuant to the provisions of former section three thousand thirteen of
this [chapter] article shall continue to hold such position and be

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governed by the provisions of this section notwithstanding any contrary
provision of law.
2. (a) At the expiration of the probationary term of a person
appointed for such term prior to July first, two thousand fifteen,
subject to the conditions of this section, the superintendent of schools
shall make a written report to the board of education or the trustees of
a common school district recommending for appointment on tenure those
persons who have been found competent, efficient and satisfactory[,
consistent with any applicable rules of the board of regents adopted
pursuant to section three thousand twelve-b of this article]. Such
persons, and all others employed in the teaching service of the schools
of such union free school district, common school district and/or school
district employing fewer than eight teachers, who have served the probationary period as provided in this section, shall hold their respective
positions during good behavior and efficient and competent service, and
shall not be removed except for any of the following causes, after a
hearing, as provided by section three thousand twenty-a or section three
thousand twenty-b of [such law] this article:
(a) insubordination,
immoral character or conduct unbecoming a teacher; (b) inefficiency,
incompetency, physical or mental disability, or neglect of duty; (c)
failure to maintain certification as required by this chapter and by the
regulations of the commissioner. Each person who is not to be recommended for appointment on tenure, shall be so notified by the superintendent of schools in writing not later than sixty days immediately
preceding the expiration of his probationary period.
(b) At the expiration of the probationary term of a person appointed
for such term on or after July first, two thousand fifteen, subject to
the conditions of this section, the superintendent of schools shall make
a written report to the board of education or the trustees of a common
school district recommending for appointment on tenure those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received composite annual professional performance review ratings pursuant to section
three thousand twelve-c or section three thousand twelve-d of this article, of either effective or highly effective in at least three of the
four preceding years, exclusive of any breaks in service; provided that,
notwithstanding any other provision of this section to the contrary,
when a teacher or principal receives an effective or highly effective
rating in each year of his or her probationary service except he or she
receives an ineffective rating in the final year of his or her probationary period, such teacher shall not be eligible for tenure but the
board of education, in its discretion, may extend the teacher's probationary period for an additional year; provided, however, that if such
teacher or principal successfully appealed such ineffective rating, such
teacher or principal shall immediately be eligible for tenure if the
rating resulting from the appeal established that such individual has
been effective or highly effective in at least three of the preceding
four years and was not ineffective in the final year. At the expiration
of the probationary period, the classroom teacher or building principal
shall remain in probationary status until the end of the school year in
which such teacher or principal has received such ratings of effective
or highly effective for at least three of the four preceding school
years, exclusive of any breaks in service, and subject to the terms
hereof, during which time the trustees or board of education shall
consider whether to grant tenure for those classroom teachers or building principals who otherwise have been found competent, efficient and

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satisfactory. Provided, however, that the trustees or board of education
may grant tenure contingent upon a classroom teacher's or building principal's receipt of a minimum rating in the final year of the probationary period, pursuant to the requirements of this section, and if such
contingency is not met after all appeals have been exhausted, the grant
of tenure shall be void and unenforceable and the teacher's or principal's probationary period may be extended in accordance with this subdivision. Such persons who have been recommended for tenure and all others
employed in the teaching service of the schools of such school district
who have served the full probationary period as extended pursuant to
this subdivision shall hold their respective positions during good
behavior and efficient and competent service, and shall not be removable
except for cause after a hearing as provided by section three thousand
twenty-a or section three thousand twenty-b of this article. Failure to
maintain certification as required by this chapter and the regulations
of the commissioner shall constitute cause for removal.
3. Notwithstanding any other provision of this section no period in
any school year for which there is no required service and/or for which
no compensation is provided shall in any event constitute a break or
suspension of probationary period or continuity of tenure rights of any
of the persons hereinabove described.
5. Section 3014 of the education law, as added by chapter 583 of the
laws of 1955, subdivision 1 as amended by chapter 551 of the laws of
1976, subdivision 2 as amended by section 10 of part A of chapter 57 of
the laws of 2007, is amended to read as follows:
3014. Tenure: boards of cooperative educational services.
1. (a)
Administrative assistants, supervisors, teachers and all other members
of the teaching and supervising staff of the board of cooperative educational services appointed prior to July first, two thousand fifteen,
shall be appointed by a majority vote of the board of cooperative educational services upon the recommendation of the district superintendent
of schools for a probationary period of not to exceed three years;
provided, however, that in the case of a teacher who has been appointed
on tenure in a school district within the state, the board of cooperative educational services where currently employed, or another board of
cooperative educational services, and who was not dismissed from such
district or board as a result of charges brought pursuant to subdivision
one of section three thousand twenty-a or section three thousand twenty-b of this [chapter] article, the probationary period shall not exceed
two years. Services of a person so appointed to any such positions may
be discontinued at any time during such probationary period, upon the
recommendation of the district superintendent, by a majority vote of the
board of cooperative educational services.
(b) Administrative assistants, supervisors, teachers and all other
members of the teaching and supervising staff of the board of cooperative educational services appointed on or after July first, two thousand fifteen, shall be appointed by a majority vote of the board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period of not to exceed
four years; provided, however, that in the case of a teacher who has
been appointed on tenure in a school district within the state, the
board of cooperative educational services where currently employed, or
another board of cooperative educational services, and who was not
dismissed from such district or board as a result of charges brought
pursuant to section three thousand twenty-a or section three thousand
twenty-b of this article, the teacher shall be appointed for a proba-

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tionary period of three years; provided that, in the case of a classroom
teacher, the teacher demonstrates that he or she received a composite
annual professional performance review rating pursuant to section three
thousand twelve-c or three thousand twelve-d of this chapter of either
effective or highly effective in his or her final year of service in
such other school district or board of cooperative educational services.
Services of a person so appointed to any such positions may be discontinued at any time during such probationary period, upon the recommendation of the district superintendent, by a majority vote of the board of
cooperative educational services.
2. (a) On or before the expiration of the probationary term of a
person appointed for such term prior to July first, two thousand
fifteen, the district superintendent of schools shall make a written
report to the board of cooperative educational services recommending for
appointment on tenure persons who have been found competent, efficient
and satisfactory[, consistent with any applicable rules of the board of
regents adopted pursuant to section three thousand twelve-b of this
article]. Such persons shall hold their respective positions during good
behavior and competent and efficient service and shall not be removed
except for any of the following causes, after a hearing, as provided by
section three thousand twenty-a or section three thousand twenty-b of
[such law] this article: [(a)] (i) Insubordination, immoral character or
conduct unbecoming a teacher; [(b)] (ii) Inefficiency, incompetency,
[physical or mental disability] or neglect of duty; [(c)] (iii) Failure
to maintain certification as required by this chapter and by the regulations of the commissioner. Each person who is not to be so recommended
for appointment on tenure shall be so notified in writing by the
district superintendent not later than sixty days immediately preceding
the expiration of his or her probationary period.
(b) On or before the expiration of the probationary term of a person
appointed for such term on or after July first, two thousand fifteen,
the district superintendent of schools shall make a written report to
the board of cooperative educational services recommending for appointment on tenure persons who have been found competent, efficient and
satisfactory and, in the case of a classroom teacher or building principal, who have received composite annual professional performance review
ratings pursuant to section three thousand twelve-c or section three
thousand twelve-d of this article, of either effective or highly effective in at least three of the four preceding years, exclusive of any
breaks in service; provided that, notwithstanding any other provision of
this section to the contrary, when a teacher or principal receives an
effective or highly effective rating in each year of his or her probationary service except he or she receives an ineffective rating in the
final year of his or her probationary period, such teacher shall not be
eligible for tenure but the board of education in its discretion, may
extend the teacher's probationary period for an additional year;
provided, however that if such teacher or principal successfully
appealed such ineffective rating, such teacher or principal shall immediately be eligible for tenure if the rating resulting from the appeal
established that such individual has been effective or highly effective
in at least three of the preceding four years and was not ineffective
in the final year.
At the expiration of the probationary period, the
classroom teacher or building principal shall remain in probationary
status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at
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in service, during which time a board of cooperative educational
services shall consider whether to grant tenure for those classroom
teachers or building principals who otherwise have been found competent,
efficient and satisfactory. Provided, however, that the board of cooperative educational services may grant tenure contingent upon a classroom
teacher's or building principal's receipt of a minimum rating in the
final year of the probationary period, pursuant to the requirements of
this section, and if such contingency is not met after all appeals have
been exhausted, the grant of tenure shall be void and unenforceable and
the teacher's or principal's probationary period may be extended in
accordance with this subdivision. Such persons shall hold their respective positions during good behavior and competent and efficient service
and shall not be removed except for any of the following causes, after a
hearing, as provided by section three thousand twenty-a or section three
thousand twenty-b of this article: (i) Insubordination, immoral character or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
neglect of duty; (iii) Failure to maintain certification as required by
this chapter and by the regulations of the commissioner. Each person who
is not to be so recommended for appointment on tenure shall be so notified in writing by the district superintendent not later than sixty days
immediately preceding the expiration of his or her probationary period.
6. Subdivision 1 of section 3012-c of the education law, as amended
by chapter 21 of the laws of 2012, is amended to read as follows:
1. Notwithstanding any other provision of law, rule or regulation to
the contrary, the annual professional performance reviews of all classroom teachers and building principals employed by school districts or
boards of cooperative educational services shall be conducted in accordance with the provisions of this section. Such performance reviews which
are conducted on or after July first, two thousand eleven, or on or
after the date specified in paragraph c of subdivision two of this
section where applicable, shall include measures of student achievement
and be conducted in accordance with this section. Such annual professional performance reviews shall be a significant factor for employment
decisions including but not limited to, promotion, retention, tenure
determination, termination, and supplemental compensation, which decisions are to be made in accordance with locally developed procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law where applicable. Provided, however, that nothing in this
section shall be construed to affect the unfettered statutory right of a
school district or board of cooperative educational services to terminate a probationary teacher or principal for any statutorily and constitutionally permissible reasons [other than the performance of the teacher or principal in the classroom or school], including but not limited
to misconduct and until a tenure decision is made, the performance of
the teacher or principal in the classroom.
Such performance reviews
shall also be a significant factor in teacher and principal development,
including but not limited to, coaching, induction support and differentiated professional development, which are to be locally established in
accordance with procedures negotiated pursuant to the requirements of
article fourteen of the civil service law.
7. Paragraph b of subdivision 5 of section 3012-c of the education
law, as added by chapter 21 of the laws of 2012, is amended to read as
follows:
b. Nothing in this section shall be construed to alter or diminish the
authority of the governing body of a school district or board of cooperative educational services to grant or deny tenure to or terminate

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probationary teachers or probationary building principals during the
pendency of an appeal pursuant to this section for statutorily and
constitutionally permissible reasons [other than] including the teacher's or principal's performance that is the subject of the appeal.
8. This act shall take effect immediately.
SUBPART E
Section
1.
Authority of the commissioner. Notwithstanding any
provisions of section 3012-c of the education law to the contrary, the
commissioner of the state education department, is hereby authorized and
directed to, subject to the provisions of section 207 of the education
law, adopt regulations of the commissioner and guidelines no later than
June 30, 2015, to implement a statewide annual teacher and principal
evaluation system in New York state pursuant to section 3012-d of the
education law, as added by this act, after consulting with experts and
practitioners in the fields of education, economics and psychometrics
and taking into consideration the parameters set forth in the letter
from the Chancellor of the Board of Regents and acting commissioner
dated December 31, 2014, to the New York State Director of State Operations. The commissioner shall also establish a process to accept public
comments and recommendations regarding the adoption of regulations
pursuant to section 3012-d of the education law and consult in writing
with the Secretary of the United States Department of Education on
weights, measures and ranking of evaluation categories and subcomponents
and shall release the response from the Secretary upon receipt thereof
but in any event prior to publication of the regulations hereunder.
2. The education law is amended by adding a new section 3012-d to
read as follows:
3012-d. Annual teacher and principal evaluations.
1. General
provisions. Notwithstanding any other provision of law, rule or regulation to the contrary, the annual teacher and principal evaluations
(hereinafter, evaluations) implemented by districts shall be conducted
in accordance with the provisions of this section. Such annual evaluations shall be a significant factor for employment decisions including
but not limited to, promotion, retention, tenure determination, termination, and supplemental compensation. Such evaluations shall also be a
significant factor in teacher and principal development including but
not limited to coaching, induction support, and differentiated professional development.
2. Definitions.
a. "District" shall mean school district and/or board of cooperative
educational services, except that for purposes of subdivision eleven of
this section it shall only mean a school district;
b. "Principal" shall mean a building principal or an administrator in
charge of an instructional program of a board of cooperative educational
services;
c. "Student growth" shall mean the change in student achievement for
an individual student between two or more points in time.
d. "State-designed supplemental assessment" shall mean a selection of
state tests or assessments developed or designed by the state education
department, or that the state education department purchased or acquired
from (i) another state; (ii) an institution of higher education; or
(iii) a commercial or not-for-profit entity, provided that such entity
must be objective and may not have a conflict of interest or appearance
of a conflict of interest; such definition may include tests or assess-

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ments that have been previously designed or acquired by local districts,
but only if the state education department significantly modifies growth
targets or scoring bands for such tests or assessments or otherwise
adapts the test or assessment to the state education department's
requirements.
3. Ratings. The annual evaluations conducted pursuant to this section
shall rate teacher and principal effectiveness using the following categories: highly effective or "H", effective or "E", developing or "D" and
ineffective or "I".
4. Categories. The annual evaluation system shall consist of multiple
measures in two categories: student performance and teacher observations.
a. Student performance category. Such category shall have at least one
subcomponent and an optional second subcomponent as follows:
(1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth model, such teacher shall have a state-provided growth score
based on such model; and (B) for a teacher whose course does not end in
a state-created or administered test such teacher shall have a student
learning objective (SLO) consistent with a goal-setting process determined or developed by the commissioner, that results in a student growth
score; provided that, for any teacher whose course ends in a statecreated or administered assessment for which there is no state-provided
growth model, such assessment must be used as the underlying assessment
for such SLO;
(2) For the optional second subcomponent, a district may locally
select a second measure in accordance with this subparagraph. Such
second measure shall apply in a consistent manner, to the extent practicable, across the district and be either: (A) a second state-provided
growth score on a state-created or administered test under clause (A) of
subparagraph one of this paragraph, or (B) a growth score based on a
state-designed supplemental assessment, calculated using a state-provided or approved growth model. The optional second subcomponent shall
provide options for multiple assessment measures that are aligned to
existing classroom and school best practices and take into consideration
the recommendations in the testing reduction report as required by
section one of subpart F of the chapter of the laws of two thousand
fifteen which added this section regarding the reduction of unnecessary
additional testing.
The commissioner shall determine the weights and scoring ranges for
the subcomponent or subcomponents of the student performance category
that shall result in a combined category rating. The commissioner shall
also set parameters for appropriate targets for student growth for both
subcomponents, and the department must affirmatively approve and shall
have the authority to disapprove or require modifications of district
plans that do not set appropriate growth targets, including after
initial approval. The commissioner shall set such weights and parameters
consistent with the terms contained herein.
b. Teacher observations category. The observations category for teachers shall be based on a state-approved rubric and shall include up to
three subcomponents.
Such category must include: (1) a subcomponent
based on classroom observations conducted by a principal or other
trained administrator and must also include (2) a subcomponent based on
classroom observations by an impartial independent trained evaluator or
evaluators selected by the district. An independent trained evaluator
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building, as the teacher being evaluated. Such category may also include
a subcomponent based on classroom observations conducted by a trained
peer teacher rated effective or highly effective from the same school or
from another school in the district.
The commissioner shall determine the weights, and/or weighting options
and scoring ranges for the subcomponents of the observations category
that result in a combined category rating. The commissioner shall also
determine the minimum number of observations to be conducted annually,
including frequency and duration, and any parameters therefor. The
commissioner shall set such weights and scores consistent with the terms
contained herein.
5. Rating determination. The overall rating determination shall be
determined according to a methodology as follows:
a. The following rules shall apply: a teacher or principal who is (1)
rated using two subcomponents in the student performance category and
receives a rating of ineffective in such category shall be rated ineffective overall; provided, however, that if the measure used in the
second subcomponent is a state-provided growth score on a state-created
or administered test pursuant to clause (A) of subparagraph one of paragraph a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be eligible
to receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent in the student performance
category and receives a rating of ineffective in such category shall not
be eligible to receive a rating of effective or highly effective overall; and (3) rated ineffective in the teacher observations category
shall not be eligible to receive a rating of effective or highly effective overall.
b. Except as otherwise provided in paragraph a of this subdivision, a
teacher's composite score shall be determined as follows:
(1) If a teacher receives an H in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be H;
(2) If a teacher receives an H in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be H;
(3) If a teacher receives an H in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be E;
(4) If a teacher receives an H in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be D;
(5) If a teacher receives an E in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be H;
(6) If a teacher receives an E in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be E;
(7) If a teacher receives an E in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be E;
(8) If a teacher receives an E in the teacher observation category,
and an I in the student performance category, the teacher's composite
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(9) If a teacher receives a D in the teacher observation category, and
an H in the student performance category, the teacher's composite score
shall be E;
(10) If a teacher receives a D in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be E;
(11) If a teacher receives a D in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be D;
(12) If a teacher receives a D in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be I;
(13) If a teacher receives an I in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be D;
(14) If a teacher receives an I in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be D;
(15) If a teacher receives an I in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be I;
(16) If a teacher receives an I in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be I.
6. Prohibited elements. The following elements shall no longer be
eligible to be used in any evaluation subcomponent pursuant to this
section:
a. evidence of student development and performance derived from lesson
plans, other artifacts of teacher practice, and student portfolios,
except for student portfolios measured by a state-approved rubric where
permitted by the department;
b. use of an instrument for parent or student feedback;
c. use of professional goal-setting as evidence of teacher or principal effectiveness;
d. any district or regionally-developed assessment that has not been
approved by the department; and
e. any growth or achievement target that does not meet the minimum
standards as set forth in regulations of the commissioner adopted hereunder.
7. The commissioner shall ensure that the process by which weights and
scoring ranges are assigned to subcomponents and categories is transparent and available to those being rated before the beginning of each
school year. Such process must ensure that it is possible for a teacher
or principal to obtain any number of points in the applicable scoring
ranges, including zero, in each subcomponent. The superintendent,
district superintendent or chancellor and the representative of the
collective bargaining unit (where one exists) shall certify in the
district's plan that the evaluation process shall use the standards for
the scoring ranges provided by the commissioner. Provided, however, that
in any event, the following rules shall apply: a teacher or principal
who is:
a. rated using two subcomponents in the student performance category
and receives a rating of ineffective in such category shall be rated
ineffective overall, except that if the measure used in the second
subcomponent is a second state-provided growth score on a state-administered or sponsored test pursuant to clause (A) of subparagraph one of

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paragraph a of subdivision four of this section, a teacher or principal
that receives a rating of ineffective in such category shall not be
eligible to receive a rating of effective or highly effective overall;
b. rated using only the state measure subcomponent in the student
performance category and receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly
effective overall; and
c. rated ineffective in the observations category shall not be eligible to receive a rating of effective or highly effective overall.
8. A student may not be instructed, for two consecutive school years,
by any two teachers in the same district, each of whom received a rating
of ineffective under an evaluation conducted pursuant to this section in
the school year immediately prior to the school year in which the
student is placed in the teacher's classroom; provided, that if a
district deems it impracticable to comply with this subdivision, the
district shall seek a waiver from the department from such requirement.
9. Nothing in this section shall be construed to affect the unfettered
statutory right of a district to terminate a probationary (non-tenured)
teacher or principal for any statutorily and constitutionally permissible reasons.
10. The local collective bargaining representative shall negotiate
with the district:
a. whether to use a second measure, and, in the event that a second
measure is used, which measure to use, pursuant to subparagraph two of
paragraph a of subdivision four of this section and
b. how to implement the provisions of paragraph b of subdivision four
of this section, and associated regulations as established by the
commissioner, in accordance with article fourteen of the civil service
law.
11. Notwithstanding any inconsistent provision of law, no school
district shall be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2015--2016 school
year and any year thereafter in excess of the amount apportioned to such
school district in the respective base year unless such school district
has submitted documentation that has been approved by the commissioner
by November fifteenth, two thousand fifteen, or by September first of
each subsequent year, demonstrating that it has fully implemented the
standards and procedures for conducting annual teacher and principal
evaluations of teachers and principals in accordance with the requirements of this section and the regulations issued by the commissioner.
Provided further that any apportionment withheld pursuant to this
section shall not occur prior to April first of the current year and
shall not have any effect on the base year calculation for use in the
subsequent school year. For purposes of this section, "base year" shall
mean the base year as defined in paragraph b of subdivision one of
section thirty-six hundred two of this chapter, and "current year" shall
mean the current year as defined in paragraph a of subdivision one of
section thirty-six hundred two of this chapter.
12. Notwithstanding any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements entered into after
April first, two thousand fifteen shall be consistent with the requirements of this section, unless the agreement relates to the two thousand
fourteen--two thousand fifteen school year only. Nothing in this section
shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on April first, two thousand fifteen
during the term of such agreement and until the entry into a successor

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collective bargaining agreement, provided that notwithstanding any other
provision of law to the contrary, upon expiration of such term and the
entry into a successor collective bargaining agreement the provisions of
this section shall apply.
13. Any reference in law to "annual professional performance review"
shall be deemed to refer to an annual professional performance review
pursuant to section three thousand twelve-c of this article or annual
teacher and principal evaluations pursuant to this section and any
references to section three thousand twelve-c of this article shall be
deemed to refer to section three thousand twelve-c of this article
and/or this section, as applicable.
14. The commissioner shall adopt regulations to align the principal
evaluation system as set forth in section three thousand twelve-c of
this article with the new teacher evaluation system set forth herein.
15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision
two and subdivisions four, five, five-a, nine, and ten of section three
thousand twelve-c of this article, as amended, shall apply to this
section to the extent determined by the commissioner.
3. This act shall take effect immediately.
SUBPART F
Section 1.
Testing reduction report. New York families in many
districts are expressing significant stress and anxiety from over-testing. The demands of state tests have been growing and there has been an
increase in the number of local tests. As a result, testing in many
districts has reached a level that is counterproductive and must be
addressed. On or before June 1, 2015, the Chancellor of the Board of
Regents shall submit a report to the Governor, the Temporary President
of the Senate, and the Speaker of the Assembly outlining recommendations
that shall help to: reduce the amount of state and local student testing, improve the quality thereof, and thereby reduce test-related stress
and anxiety for students and educators. The report shall outline ways in
which any future testing in New York shall be implemented in a manner
that minimizes classroom preparation, student stress and student anxiety. The Chancellor shall work with students, parents, educators, school
districts, and other relevant stakeholders in preparing the report.
2. This act shall take effect immediately.
SUBPART G
Section 1. Subdivision 7-a of section 305 of the education law, as
added by chapter 296 of the laws of 2008, is amended to read as follows:
7-a. a. In addition to the authority to revoke and annul a certificate
of qualification of a teacher in a proceeding brought pursuant to subdivision seven of this section, the commissioner shall be authorized, and
it shall be his or her duty, to revoke and annul in accordance with this
subdivision the teaching certificate of a teacher convicted of a sex
offense for which registration as a sex offender is required pursuant to
article six-C of the correction law or of any other violent felony
offense or offenses committed against a child when such child was the
intended victim of such offense.
b. As used in this subdivision, the following terms shall have the
following meanings:
(1) "conviction" means any conviction whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise;

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(2) "sex offense" means an offense set forth in subdivision two or
three of section one hundred sixty-eight-a of the correction law,
including an offense committed in any jurisdiction for which the offender is required to register as a sex offender in New York;
(3) "teacher" means any professional educator holding a teaching
certificate as defined in subparagraph four of this paragraph, including
but not limited to a classroom teacher, teaching assistant, pupil
personnel services professional, school administrator or supervisor or
superintendent of schools; [and]
(4) "teaching certificate" means the certificate or license or other
certificate of qualification granted to a teacher by any authority whatsoever; and
(5) "violent felony offense" means any offense as defined in subdivision one of section 70.02 of the penal law.
c. Upon receipt of a certified copy of a criminal history record showing that a teacher has been convicted of a sex offense or sex offenses
or a violent felony offense or offenses committed against a child when
such child was the intended victim of such offense or upon receipt of
notice of such a conviction as provided in paragraph d of this subdivision, the commissioner shall automatically revoke and annul the teaching
certificate of such teacher without the right to a hearing. The commissioner shall mail notice of the revocation and annulment pursuant to
this subdivision by certified mail, return receipt requested, and by
first-class mail directed to the teacher at such teacher's last known
address and, if different, the last address filed by the certificate
holder with the commissioner and to the teacher's counsel of record in
the criminal proceeding as reported in the notice pursuant to paragraph
d of this subdivision. Such notice shall inform the teacher that his or
her certificate has been revoked and annulled, identify the sex offense
or sex offenses or violent felony offense or offenses committed against
a child when such child was the intended victim of such offense of which
the teacher has been convicted and shall set forth the procedure to
follow if the teacher denies he or she is the person who has been so
convicted. If such teacher notifies the commissioner in writing within
twenty-five days after the date of receipt of the notice that he or she
is not the same person as the convicted offender identified in the criminal record or identified pursuant to paragraph d of this subdivision,
provides proof to reasonably support such claim and the commissioner is
satisfied the proof establishes such claim, the commissioner shall,
within five business days of the receipt of such proof, restore such
teacher's teaching certificate retroactive to the date of revocation and
annulment.
d. Upon conviction of a teacher of a sex offense defined in this
subdivision, the district attorney or other prosecuting authority who
obtained such conviction shall provide notice of such conviction to the
commissioner identifying the sex offense or sex offenses or violent
felony offense or offenses committed against a child when such child was
the intended victim of such offense of which the teacher has been
convicted, the name and address of such offender and other identifying
information prescribed by the commissioner, including the offender's
date of birth and social security number, to the extent consistent with
federal and state laws governing personal privacy and confidentiality of
information. Such notice shall also include the name and business
address of the offender's counsel of record in the criminal proceeding.
e. Upon receipt of proof that the conviction or convictions that
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certificate pursuant to this subdivision have been set aside upon appeal
or otherwise reversed, vacated or annulled, the commissioner shall be
required to conduct a due process hearing pursuant to subdivision seven
of this section and part eighty-three of title eight of the New York
codes, rules and regulations prior to making a determination as to
whether to reinstate the teacher's original teaching certificate. Such
determination shall be made within ninety days after such proof has been
received.
f. Except as provided in paragraph g of this subdivision, and notwithstanding any other provision of law to the contrary, a teacher shall be
reinstated to his or her position of employment in a public school, with
full back pay and benefits from the date his or her certificate was
revoked or annulled to the date of such reinstatement, under the following circumstances:
(i) The termination of employment was based solely on the conviction
of a sex offense, or conviction of a violent felony offense or offenses
committed against a child when such child was the intended victim of
such offense or the revocation or annulment of a certificate based on
such conviction, and such conviction has been set aside on appeal or
otherwise reversed, vacated or annulled and the commissioner has reinstated the teacher's certification pursuant to paragraph e of this
subdivision; or
(ii) The termination of employment was based solely on the conviction
of a sex offense or violent felony offense or offenses committed against
a child when such child was the intended victim of such offense and it
has been determined that the teacher is not the same person as the
convicted offender.
g. If a teacher's employment was terminated as a result of a disciplinary proceeding conducted pursuant to section three thousand twenty-a of
this chapter or other disciplinary hearing conducted pursuant to any
collective bargaining or contractual agreement on one or more grounds
other than conviction of a sex offense, or the revocation or annulment
of a certificate based on such conviction, then nothing in paragraph f
of this subdivision shall require a school district to reinstate employment of such teacher or be liable for back pay or benefits.
h. No provision of this article shall be deemed to preclude the
following: (i) the commissioner from conducting a due process hearing
pursuant to subdivision seven of this section and part eighty-three of
title eight of the New York codes, rules and regulations; or (ii) a
school district or employing board from bringing a disciplinary proceeding pursuant to section three thousand twenty-a or three thousand twenty-b of this chapter; or (iii) a school district or employing board from
bringing an alternative disciplinary proceeding conducted pursuant to a
collective bargaining or contractual agreement.
i. The commissioner shall be authorized to promulgate any regulations
necessary to implement the provisions of this subdivision.
2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of
the education law, as amended by chapter 103 of the laws of 2010, are
amended to read as follows:
3. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and subdivision seven of section twenty-five hundred ninety-j of this chapter may
be modified or replaced by agreements negotiated between the city school
district of the city of New York and any employee organization representing employees or titles that are or were covered by any memorandum of
agreement executed by such city school district and the council of

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supervisors and administrators of the city of New York on or after
December first, nineteen hundred ninety-nine. Where such procedures are
so modified or replaced: (i) compliance with such modification or
replacement procedures shall satisfy any provision in this chapter that
requires compliance with section three thousand twenty-a, (ii) any
employee against whom charges have been preferred prior to the effective
date of such modification or replacement shall continue to be subject to
the provisions of such section as in effect on the date such charges
were preferred, (iii) the provisions of subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this subdivision, and (iv) in accordance with paragraph (e) of subdivision one of
section two hundred nine-a of the civil service law, such modification
or replacement procedures contained in an agreement negotiated pursuant
to this subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated; provided that any alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after July first, two thousand ten
shall provide for an expedited hearing process before a single hearing
officer in accordance with subparagraph (i-a) of paragraph c of subdivision three of section three thousand twenty-a of this article in cases
in which charges of incompetence are brought against a building principal based solely upon an allegation of a pattern of ineffective teaching
or performance as defined in section three thousand twelve-c of this
article and shall provide that such a pattern of ineffective teaching or
performance shall constitute very significant evidence of incompetence
which may form the basis for just cause removal of the building principal and provided further that any alternate disciplinary procedures
contained in a collective bargaining agreement that becomes effective on
or after July first, two thousand fifteen shall provide that all hearings pursuant to sections three thousand twenty-a or three thousand
twenty-b of this article shall be conducted before a single hearing
officer and that two consecutive ineffective ratings pursuant to annual
professional performance reviews conducted in accordance with the
provisions of section three thousand twelve-c or three thousand twelve-d
of this article shall constitute prima facie evidence of incompetence
that can only be overcome by clear and convincing evidence that the
employee is not incompetent in light of all surrounding circumstances,
and if not successfully overcome, the finding, absent extraordinary
circumstances, shall be just cause for removal, and that three consecutive ineffective ratings pursuant to annual professional performance
reviews conducted in accordance with the provisions of section three
thousand twelve-c or three thousand twelve-d of this article shall
constitute prima facie evidence of incompetence that can only be overcome by clear and convincing evidence that the calculation of one or
more of the principal's underlying components on the annual professional
performance reviews pursuant to section three thousand twelve-c or three
thousand twelve-d of this article was fraudulent, and if not successfully overcome, the finding, absent extraordinary circumstances, shall be
just cause for removal. For purposes of this subdivision, fraud shall
include mistaken identity. Notwithstanding any inconsistent provision of
law, the commissioner shall review any appeals authorized by such
modification or replacement procedures within fifteen days from receipt
by such commissioner of the record of prior proceedings in the matter
subject to appeal. Such review shall have preference over all other
appeals or proceedings pending before such commissioner.

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a. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and subdivision seven of section twenty-five hundred ninety-j of this chapter may
be modified by agreements negotiated between the city school district of
the city of New York and any employee organization representing employees or titles that are or were covered by any memorandum of agreement
executed by such city school district and the united federation of
teachers on or after June tenth, two thousand two.
Where such procedures are so modified: (i) compliance with such modified procedures
shall satisfy any provision of this chapter that requires compliance
with section three thousand twenty-a of this article; (ii) any employee
against whom charges have been preferred prior to the effective date of
such modification shall continue to be subject to the provisions of such
section as in effect on the date such charges were preferred; (iii) the
provisions of subdivisions one and two of this section shall not apply
to agreements negotiated pursuant to this subdivision, except that no
person enjoying the benefits of tenure shall be disciplined or removed
during a term of employment except for just cause; and (iv) in accordance with paragraph (e) of subdivision one of section two hundred nine-a
of the civil service law, such modified procedures contained in an
agreement negotiated pursuant to this subdivision shall continue as
terms of such agreement after its expiration until a new agreement is
negotiated; and provided further that any alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after July first, two thousand ten shall provide for an expedited hearing process before a single hearing officer in accordance with
subparagraph (i-a) of paragraph c of subdivision three of section three
thousand twenty-a of this article in cases in which charges of incompetence are brought based solely upon an allegation of a pattern of ineffective teaching or performance as defined in section three thousand
twelve-c of this article and shall provide that such a pattern of ineffective teaching or performance shall constitute very significant
evidence of incompetence which may form the basis for just cause
removal, and provided further that any alternate disciplinary procedures
contained in a collective bargaining agreement that becomes effective on
or after July first, two thousand fifteen shall provide that all hearings pursuant to sections three thousand twenty-a or three thousand
twenty-b of this article shall be conducted before a single hearing
officer and that two consecutive ineffective ratings pursuant to annual
professional performance reviews conducted in accordance with the
provisions of section three thousand twelve-c or three thousand twelve-d
of this article shall constitute prima facie evidence of incompetence
that can only be overcome by clear and convincing evidence that the
employee is not incompetent in light of all surrounding circumstances,
and if not successfully overcome, the finding, absent extraordinary
circumstances, shall be just cause for removal, and that three consecutive ineffective ratings pursuant to annual professional performance
reviews conducted in accordance with the provisions of section three
thousand twelve-c or three thousand twelve-d of this article shall
constitute prima facie evidence of incompetence that can only be overcome by clear and convincing evidence that the calculation of one or
more of the teacher's underlying components on the annual professional
performance reviews pursuant to section three thousand twelve-c or three
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just cause for removal.
For purposes of this paragraph, fraud shall
include mistaken identity.
3. Section 3020-a of the education law, as amended by section 1 of
part B of chapter 57 of the laws of 2012, is amended to read as follows:
3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
All charges against a person enjoying the benefits of tenure as provided
in subdivision three of section eleven hundred two, and sections twenty-five hundred nine, twenty-five hundred seventy-three, twenty-five
hundred ninety-j, three thousand twelve and three thousand fourteen of
this chapter shall be in writing and filed with the clerk or secretary
of the school district or employing board during the period between the
actual opening and closing of the school year for which the employed is
normally required to serve. Except as provided in subdivision eight of
section twenty-five hundred seventy-three and subdivision seven of
section twenty-five hundred ninety-j of this chapter, no charges under
this section shall be brought more than three years after the occurrence
of the alleged incompetency or misconduct, except when the charge is of
misconduct constituting a crime when committed.
2. Disposition of charges. a. Upon receipt of the charges, the clerk
or secretary of the school district or employing board shall immediately
notify said board thereof. Within five days after receipt of charges,
the employing board, in executive session, shall determine, by a vote of
a majority of all the members of such board, whether probable cause
exists to bring a disciplinary proceeding against an employee pursuant
to this section. If such determination is affirmative, a written statement specifying (i) the charges in detail, (ii) the maximum penalty
which will be imposed by the board if the employee does not request a
hearing or that will be sought by the board if the employee is found
guilty of the charges after a hearing and (iii) the employee's rights
under this section, shall be immediately forwarded to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery to the employee.
b. The employee may be suspended pending a hearing on the charges and
the final determination thereof. The suspension shall be with pay,
except the employee may be suspended without pay if the employee has
entered a guilty plea to or has been convicted of a felony crime
concerning the criminal sale or possession of a controlled substance, a
precursor of a controlled substance, or drug paraphernalia as defined in
article two hundred twenty or two hundred twenty-one of the penal law;
or a felony crime involving the physical abuse of a minor or student.
c. Where charges of misconduct constituting physical or sexual abuse
of a student are brought on or after July first, two thousand fifteen,
the board of education may suspend the employee without pay pending an
expedited hearing pursuant to subparagraph (i-a) of paragraph c of
subdivision three of this section. Notwithstanding any other law, rule,
or regulation to the contrary, the commissioner shall establish a process in regulations for a probable cause hearing before an impartial
hearing officer within ten days to determine whether the decision to
suspend an employee without pay pursuant to this paragraph should be
continued or reversed. The process for selection of an impartial hearing officer shall be as similar as possible to the regulatory framework
for the appointment of an impartial hearing officer for due process
complaints pursuant to section forty-four hundred four of this chapter.
The hearing officer shall determine whether probable cause supports the
charges and shall reverse the decision of the board of education to
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that probable cause does not support the charges. The hearing officer
may also reinstate pay upon a written determination that a suspension
without pay is grossly disproportionate in light of all surrounding
circumstances. Provided, further, that such an employee shall be eligible to receive reimbursement for withheld pay and accrued interest at a
rate of six percent compounded annually if the hearing officer finds in
his or her favor, either at the probable cause hearing or in a final
determination pursuant to the expedited hearing held pursuant to subparagraph (i-a) of paragraph c of subdivision three of this section. Any
suspension without pay shall last no longer than one hundred and twenty
days from the decision of the board of education to suspend the employee
without pay and such suspension shall only relate to employee compensation, exclusive of other benefits and guarantees. Notwithstanding any
other provision of law or regulation to the contrary, any provision of a
collective bargaining agreement entered into by the city of New York as
of April first, two thousand fifteen, that provides for suspension without pay for offenses as specified in this paragraph shall supersede the
provisions hereof and shall continue in effect without modification and
may be extended.
d. The employee shall be terminated without a hearing, as provided for
in this section, upon conviction of a sex offense, as defined in subparagraph two of paragraph b of subdivision seven-a of section three
hundred five of this chapter. To the extent this section applies to an
employee acting as a school administrator or supervisor, as defined in
subparagraph three of paragraph b of subdivision seven-b of section
three hundred five of this chapter, such employee shall be terminated
without a hearing, as provided for in this section, upon conviction of a
felony offense defined in subparagraph two of paragraph b of subdivision
seven-b of section three hundred five of this chapter.
[c. Within] e. (i) For hearings commenced by the filing of charges
prior to July first, two thousand fifteen, within ten days of receipt of
the statement of charges, the employee shall notify the clerk or secretary of the employing board in writing whether he or she desires a hearing on the charges and when the charges concern pedagogical incompetence
or issues involving pedagogical judgment, his or her choice of either a
single hearing officer or a three member panel, provided that a three
member panel shall not be available where the charges concern pedagogical incompetence based solely upon a teacher's or principal's pattern
of ineffective teaching or performance as defined in section three thousand twelve-c of this article. All other charges shall be heard by a
single hearing officer.
(ii) All hearings commenced by the filing of charges on or after July
first, two thousand fifteen shall be heard by a single hearing officer.
[d.] f. The unexcused failure of the employee to notify the clerk or
secretary of his or her desire for a hearing within ten days of the
receipt of charges shall be deemed a waiver of the right to a hearing.
Where an employee requests a hearing in the manner provided for by this
section, the clerk or secretary of the board shall, within three working
days of receipt of the employee's notice or request for a hearing, notify the commissioner of the need for a hearing. If the employee waives
his or her right to a hearing the employing board shall proceed, within
fifteen days, by a vote of a majority of all members of such board, to
determine the case and fix the penalty, if any, to be imposed in accordance with subdivision four of this section.
3. Hearings. a. Notice of hearing. Upon receipt of a request for a
hearing in accordance with subdivision two of this section, the commis-

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sioner shall forthwith notify the American Arbitration Association
(hereinafter "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of persons chosen by the association from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator. Upon receipt of
said list and biographical information, the commissioner shall forthwith
send a copy of both simultaneously to the employing board and the
employee. The commissioner shall also simultaneously notify both the
employing board and the employee of each potential hearing officer's
record in the last five cases of commencing and completing hearings
within the time periods prescribed in this section.
b. (i) Hearing officers. All hearings pursuant to this section shall
be conducted before and by a single hearing officer selected as provided
for in this section. A hearing officer shall not be eligible to serve in
such position if he or she is a resident of the school district, other
than the city of New York, under the jurisdiction of the employing
board, an employee, agent or representative of the employing board or of
any labor organization representing employees of such employing board,
has served as such agent or representative within two years of the date
of the scheduled hearing, or if he or she is then serving as a mediator
or fact finder in the same school district.
(A) Notwithstanding any other provision of law, for hearings commenced
by the filing of charges prior to April first, two thousand twelve, the
hearing officer shall be compensated by the department with the customary fee paid for service as an arbitrator under the auspices of the
association for each day of actual service plus necessary travel and
other reasonable expenses incurred in the performance of his or her
duties. All other expenses of the disciplinary proceedings commenced by
the filing of charges prior to April first, two thousand twelve shall be
paid in accordance with rules promulgated by the commissioner. Claims
for such compensation for days of actual service and reimbursement for
necessary travel and other expenses for hearings commenced by the filing
of charges prior to April first, two thousand twelve shall be paid from
an appropriation for such purpose in the order in which they have been
approved by the commissioner for payment, provided payment shall first
be made for any other hearing costs payable by the commissioner, including the costs of transcribing the record, and provided further that no
such claim shall be set aside for insufficiency of funds to make a
complete payment, but shall be eligible for a partial payment in one
year and shall retain its priority date status for appropriations designated for such purpose in future years.
(B) Notwithstanding any other provision of law, rule or regulation to
the contrary, for hearings commenced by the filing of charges on or
after April first, two thousand twelve, the hearing officer shall be
compensated by the department for each day of actual service plus necessary travel and other reasonable expenses incurred in the performance of
his or her duties, provided that the commissioner shall establish a
schedule for maximum rates of compensation of hearing officers based on
customary and reasonable fees for service as an arbitrator and provide
for limitations on the number of study hours that may be claimed.
(ii) The commissioner shall mail to the employing board and the
employee the list of potential hearing officers and biographies provided
to the commissioner by the association, the employing board and the
employee, individually or through their agents or representatives, shall

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by mutual agreement select a hearing officer from said list to conduct
the hearing and shall notify the commissioner of their selection.
(iii) Within fifteen days after receiving the list of potential hearing officers as described in subparagraph (ii) of this paragraph, the
employing board and the employee shall each notify the commissioner of
their agreed upon hearing officer selection. If the employing board and
the employee fail to agree on an arbitrator to serve as a hearing officer from the list of potential hearing officers, or fail to notify the
commissioner of a selection within such fifteen day time period, the
commissioner shall appoint a hearing officer from the list. The
provisions of this subparagraph shall not apply in cities with a population of one million or more with alternative procedures specified in
section three thousand twenty of this article.
(iv) In those cases commenced by the filing of charges prior to July
first, two thousand fifteen in which the employee elects to have the
charges heard by a hearing panel, the hearing panel shall consist of the
hearing officer, selected in accordance with this subdivision, and two
additional persons, one selected by the employee and one selected by the
employing board, from a list maintained for such purpose by the commissioner. The list shall be composed of professional personnel with administrative or supervisory responsibility, professional personnel without
administrative or supervisory responsibility, chief school administrators, members of employing boards and others selected from lists of
nominees submitted to the commissioner by statewide organizations
representing teachers, school administrators and supervisors and the
employing boards. Hearing panel members other than the hearing officer
shall be compensated by the department at the rate of one hundred
dollars for each day of actual service plus necessary travel and subsistence expenses. The hearing officer shall be compensated as set forth in
this subdivision. The hearing officer shall be the chairperson of the
hearing panel.
c. Hearing procedures. (i) (A) The commissioner shall have the power
to establish necessary rules and procedures for the conduct of hearings
under this section.
(B) The department shall be authorized to monitor and investigate a
hearing officer's compliance with statutory timelines pursuant to this
section. The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this section for conducting such hearings
are to be strictly followed. A record of continued failure to commence
and complete hearings within the time periods prescribed in this section
shall be considered grounds for the commissioner to exclude such individual from the list of potential hearing officers sent to the employing
board and the employee for such hearings.
(C) Such rules shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the hearing officer selected
pursuant to paragraph b of this subdivision with full and fair disclosure of the nature of the case and evidence against the employee by the
employing board and shall be public or private at the discretion of the
employee and provided further that the hearing officer, at the pre-hearing conference, shall set a schedule and manner for full and fair
disclosure of the witnesses and evidence to be offered by the employee.
The employee shall have a reasonable opportunity to defend himself or
herself and an opportunity to testify in his or her own behalf. The
employee shall not be required to testify. Each party shall have the
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examine witnesses. All testimony taken shall be under oath which the
hearing officer is hereby authorized to administer. A child witness
under the age of fourteen may be permitted to testify through the use of
live, two-way closed-circuit television, as such term is defined in
subdivision four of section 65.00 of the criminal procedure law, when
the hearing officer, after providing the employee with an opportunity to
be heard, determines by clear and convincing evidence that such child
witness would suffer serious mental or emotional harm which would
substantially impair such child's ability to communicate if required to
testify at the hearing without the use of live, two-way closed-circuit
television and that the use of such live, two-way closed-circuit television will diminish the likelihood or extent of such harm. In making
such determination, the hearing officer shall consider any applicable
factors contained in subdivision ten of section 65.20 of the criminal
procedure law. Where the hearing officer determines that such child
witness will be permitted to testify through the use of live, two-way
closed-circuit television, the testimony of such child witness shall be
taken in a manner consistent with section 65.30 of the criminal procedure law.
(D) An accurate record of the proceedings shall be kept at the expense
of the department at each such hearing in accordance with the regulations of the commissioner. A copy of the record of the hearings shall,
upon request, be furnished without charge to the employee and the board
of education involved. The department shall be authorized to utilize any
new technology or such other appropriate means to transcribe or record
such hearings in an accurate, reliable, efficient and cost-effective
manner without any charge to the employee or board of education
involved.
(i-a)(A) [Where charges of incompetence are brought based solely upon
a pattern of ineffective teaching or performance of a classroom teacher
or principal, as defined in section three thousand twelve-c of this
article, the hearing shall be conducted before and by a single hearing
officer in an expedited hearing, which shall commence within seven days
after the pre-hearing conference and shall be completed within sixty
days after the pre-hearing conference. The hearing officer shall establish a hearing schedule at the pre-hearing conference to ensure that the
expedited hearing is completed within the required timeframes and to
ensure an equitable distribution of days between the employing board and
the charged employee. Notwithstanding any other law, rule or regulation
to the contrary, no adjournments may be granted that would extend the
hearing beyond such sixty days, except as authorized in this subparagraph. A hearing officer, upon request, may grant a limited and time
specific adjournment that would extend the hearing beyond such sixty
days if the hearing officer determines that the delay is attributable to
a circumstance or occurrence substantially beyond the control of the
requesting party and an injustice would result if the adjournment were
not granted.
(B) Such charges shall allege that the employing board has developed
and substantially implemented a teacher or principal improvement plan in
accordance with subdivision four of section three thousand twelve-c of
this article for the employee following the first evaluation in which
the employee was rated ineffective, and the immediately preceding evaluation if the employee was rated developing. Notwithstanding any other
provision of law to the contrary, a pattern of ineffective teaching or
performance as defined in section three thousand twelve-c of this article shall constitute very significant evidence of incompetence for

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purposes of this section.

Nothing in this subparagraph shall be
construed to limit the defenses which the employee may place before the
hearing officer in challenging the allegation of a pattern of ineffective teaching or performance.
(C) The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this subparagraph for conducting expedited hearings are to be strictly followed. A record of continued failure to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall be considered grounds for the
commissioner to exclude such individual from the list of potential hearing officers sent to the employing board and the employee for such expedited hearings.] Where charges of misconduct constituting physical or
sexual abuse of a student are brought, the hearing shall be conducted
before and by a single hearing officer in an expedited hearing, which
shall commence within seven days after the pre-hearing conference and
shall be completed within sixty days after the pre-hearing conference.
The hearing officer shall establish a hearing schedule at the pre-hearing conference to ensure that the expedited hearing is completed within
the required timeframes and to ensure an equitable distribution of days
between the employing board and the charged employee. Notwithstanding
any other law, rule or regulation to the contrary, no adjournments may
be granted that would extend the hearing beyond such sixty days, except
as authorized in this subparagraph. A hearing officer, upon request, may
grant a limited and time specific adjournment that would extend the
hearing beyond such sixty days if the hearing officer determines that
the delay is attributable to a circumstance or occurrence substantially
beyond the control of the requesting party and an injustice would result
if the adjournment were not granted.
(B) The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this subparagraph for conducting expedited hearings are to be strictly followed and failure to do so shall be
considered grounds for the commissioner to exclude such individual from
the list of potential hearing officers sent to the employing board and
the employee for such expedited hearings.
(ii) The hearing officer selected to conduct a hearing under this
section shall, within ten to fifteen days of agreeing to serve in such
position, hold a pre-hearing conference which shall be held in the
school district or county seat of the county, or any county, wherein the
employing school board is located. The pre-hearing conference shall be
limited in length to one day except that the hearing officer, in his or
her discretion, may allow one additional day for good cause shown.
(iii) At the pre-hearing conference the hearing officer shall have the
power to:
(A) issue subpoenas;
(B) hear and decide all motions, including but not limited to motions
to dismiss the charges;
(C) hear and decide all applications for bills of particular or
requests for production of materials or information, including, but not
limited to, any witness statement (or statements), investigatory statement (or statements) or note (notes), exculpatory evidence or any other
evidence, including district or student records, relevant and material
to the employee's defense.
(iv) Any pre-hearing motion or application relative to the sufficiency
of the charges, application or amendment thereof, or any preliminary

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matters shall be made upon written notice to the hearing officer and the
adverse party no less than five days prior to the date of the pre-hearing conference. Any pre-hearing motions or applications not made as
provided for herein shall be deemed waived except for good cause as
determined by the hearing officer.
(v) In the event that at the pre-hearing conference the employing
board presents evidence that the professional license of the employee
has been revoked and all judicial and administrative remedies have been
exhausted or foreclosed, the hearing officer shall schedule the date,
time and place for an expedited hearing, which hearing shall commence
not more than seven days after the pre-hearing conference and which
shall be limited to one day. The expedited hearing shall be held in the
local school district or county seat of the county or any county, wherein the said employing board is located. The expedited hearing shall not
be postponed except upon the request of a party and then only for good
cause as determined by the hearing officer. At such hearing, each party
shall have equal time in which to present its case.
(vi) During the pre-hearing conference, the hearing officer shall
determine the reasonable amount of time necessary for a final hearing on
the charge or charges and shall schedule the location, time(s) and
date(s) for the final hearing. The final hearing shall be held in the
local school district or county seat of the county, or any county, wherein the said employing school board is located. In the event that the
hearing officer determines that the nature of the case requires the
final hearing to last more than one day, the days that are scheduled for
the final hearing shall be consecutive. The day or days scheduled for
the final hearing shall not be postponed except upon the request of a
party and then only for good cause shown as determined by the hearing
officer. In all cases, the final hearing shall be completed no later
than sixty days after the pre-hearing conference unless the hearing
officer determines that extraordinary circumstances warrant a limited
extension.
(vii) All evidence shall be submitted by all parties within one
hundred twenty-five days of the filing of charges and no additional
evidence shall be accepted after such time, absent extraordinary circumstances beyond the control of the parties.
d. Limitation on claims. Notwithstanding any other provision of law,
rule or regulation to the contrary, no payments shall be made by the
department pursuant to this subdivision on or after April first, two
thousand twelve for: (i) compensation of a hearing officer or hearing
panel member, (ii) reimbursement of such hearing officers or panel
members for necessary travel or other expenses incurred by them, or
(iii) for other hearing expenses on a claim submitted later than one
year after the final disposition of the hearing by any means, including
settlement, or within ninety days after the effective date of this paragraph, whichever is later; provided that no payment shall be barred or
reduced where such payment is required as a result of a court order or
judgment or a final audit.
4. Post hearing procedures. a. The hearing officer shall render a
written decision within thirty days of the last day of the final hearing, or in the case of an expedited hearing within ten days of such
expedited hearing, and shall forward a copy thereof to the commissioner
who shall immediately forward copies of the decision to the employee and
to the clerk or secretary of the employing board. The written decision
shall include the hearing officer's findings of fact on each charge, his
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shall state what penalty or other action, if any, shall be taken by the
employing board. At the request of the employee, in determining what, if
any, penalty or other action shall be imposed, the hearing officer
[shall] may consider the extent to which the employing board made
efforts towards correcting the behavior of the employee which resulted
in charges being brought under this section through means including but
not limited to: remediation, peer intervention or an employee assistance plan. In those cases where a penalty is imposed, such penalty may
be a written reprimand, a fine, suspension for a fixed time without pay,
or dismissal. In addition to or in lieu of the aforementioned penalties,
the hearing officer, where he or she deems appropriate, may impose upon
the employee remedial action including but not limited to leaves of
absence with or without pay, continuing education and/or study, a
requirement that the employee seek counseling or medical treatment or
that the employee engage in any other remedial or combination of remedial actions. Provided, however, that the hearing officer, in exercising
his or her discretion, shall give serious consideration to the penalty
recommended by the employing board, and if the hearing officer rejects
the recommended penalty such rejection must be based on reasons based
upon the record as expressed in a written determination.
b. Within fifteen days of receipt of the hearing officer's decision
the employing board shall implement the decision. If the employee is
acquitted he or she shall be restored to his or her position with full
pay for any period of suspension without pay and the charges expunged
from the employment record. If an employee who was convicted of a felony
crime specified in paragraph b of subdivision two of this section, has
said conviction reversed, the employee, upon application, shall be entitled to have his or her pay and other emoluments restored, for the period from the date of his or her suspension to the date of the decision.
c. The hearing officer shall indicate in the decision whether any of
the charges brought by the employing board were frivolous as defined in
section eighty-three hundred three-a of the civil practice law and
rules. If the hearing officer finds that all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department the reasonable costs said
department incurred as a result of the proceeding and to reimburse the
employee the reasonable costs, including but not limited to reasonable
attorneys' fees, the employee incurred in defending the charges. If the
hearing officer finds that some but not all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department a portion, in the discretion
of the hearing officer, of the reasonable costs said department incurred
as a result of the proceeding and to reimburse the employee a portion,
in the discretion of the hearing officer, of the reasonable costs,
including but not limited to reasonable attorneys' fees, the employee
incurred in defending the charges.
5. Appeal. a. Not later than ten days after receipt of the hearing
officer's decision, the employee or the employing board may make an
application to the New York state supreme court to vacate or modify the
decision of the hearing officer pursuant to section seventy-five hundred
eleven of the civil practice law and rules. The court's review shall be
limited to the grounds set forth in such section. The hearing panel's
determination shall be deemed to be final for the purpose of such
proceeding.
b. In no case shall the filing or the pendency of an appeal delay the
implementation of the decision of the hearing officer.

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4. The education law is amended by adding a new section 3020-b to
read as follows:
3020-b. Streamlined removal procedures for teachers rated ineffective. 1. Applicability. This section shall apply to classroom teachers
and building principals who receive two or more consecutive annual ineffective ratings pursuant to annual professional performance reviews
conducted in accordance with the provisions of section three thousand
twelve-c or three thousand twelve-d of this article.
2. Filing and disposition of charges. a. A school district or employing board may bring charges of incompetence pursuant to this section
against any classroom teacher or building principal who receives two
consecutive ineffective ratings. A school district or employing board
shall bring charges of incompetence pursuant to this section against any
classroom teacher or building principal who receives three consecutive
ineffective ratings. All charges against a person enjoying the benefits
of tenure as provided in subdivision three of section eleven hundred
two, and sections twenty-five hundred nine, twenty-five hundred seventy-three, twenty-five hundred ninety-j, three thousand twelve and three
thousand fourteen of this chapter shall be in writing and filed with the
clerk or secretary of the school district or employing board. Except as
provided in subdivision eight of section twenty-five hundred seventythree and subdivision seven of section twenty-five hundred ninety-j of
this chapter, no charges under this section shall be brought more than
three years after the occurrence of the alleged incompetency. When such
charges are brought, a written statement specifying (i) the charges in
detail, (ii) that the penalty that will be imposed by the board if the
employee does not request a hearing or that will be sought by the board
after a hearing is dismissal; and (iii) the employee's rights under this
section, shall be immediately forwarded to the accused employee by
certified or registered mail, return receipt requested or by personal
delivery to the employee.
b. The employee may be suspended pending a hearing on the charges and
the final determination thereof and such suspension shall be with pay.
c. Within ten days of receipt of the statement of charges, the employee shall notify the clerk or secretary of the employing board in writing
whether he or she desires a hearing on the charges. The unexcused failure of the employee to notify the clerk or secretary of his or her
desire for a hearing within ten days of the receipt of charges shall be
deemed a waiver of the right to a hearing. Where an employee requests a
hearing in the manner provided for by this section, the clerk or secretary of the board shall, within three working days of receipt of the
employee's notice or request for a hearing, notify the commissioner of
the need for a hearing. If the employee waives his or her right to a
hearing the employing board shall proceed, within fifteen days, by a
vote of a majority of all members of such board, to determine the case
and fix the penalty to be imposed in accordance with subdivision four of
this section.
d. Charges brought pursuant to this section for two consecutive ineffective ratings shall allege that the employing board has developed and
substantially implemented a teacher or principal improvement plan in
accordance with section three thousand twelve-c or section three thousand twelve-d of this article for the employee following the first evaluation in which the employee was rated ineffective, and the immediately
preceding evaluation if the employee was rated developing.
3. Hearings. a. Notice of hearing. Upon receipt of a request for a
hearing in accordance with subdivision two of this section, the commis-

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sioner shall forthwith notify the American Arbitration Association
(hereinafter "association") of the need for a hearing and shall request
that the association provide to the commissioner forthwith a list of
names of persons chosen by the association from the association's panel
of labor arbitrators to potentially serve as hearing officers together
with relevant biographical information on each arbitrator. Upon receipt
of said list and biographical information, the commissioner shall, in
the case of an employee who has received three consecutive ineffective
ratings, directly appoint a hearing officer from the list. In the case
of an employee who has received two consecutive ineffective ratings, the
commissioner shall forthwith send a copy of the list and biographical
information simultaneously to the employing board and the employee. The
commissioner shall also simultaneously notify both the employing board
and the employee of each potential hearing officer's record in the last
five cases of commencing and completing hearings within the time periods
prescribed in this section. The commissioner shall establish time periods for the employing board and the employee to notify the commissioner
of their agreed upon hearing officer selection. If the employing board
and the employee fail to agree on an arbitrator to serve as a hearing
officer from the list of potential hearing officers, or fail to notify
the commissioner of a selection within such established time period, the
commissioner shall appoint a hearing officer from the list.
b. Hearing officers. All hearings pursuant to this section shall be
conducted before and by a single hearing officer selected as provided
for in this section. A hearing officer shall not be eligible to serve in
such position if he or she is a resident of the school district, other
than the city of New York, under the jurisdiction of the employing
board, an employee, agent or representative of the employing board or of
any labor organization representing employees of such employing board,
he or she has served as such agent or representative within two years of
the date of the scheduled hearing, or if he or she is then serving as a
mediator or fact finder in the same school district. Subject to an
appropriation, the hearing officer shall be compensated by the department for each day of actual service plus necessary travel and other
reasonable expenses incurred in the performance of his or her duties,
provided that the commissioner shall establish a schedule for maximum
rates of compensation of hearing officers based on customary and reasonable fees for service as an arbitrator and provide for limitations on
the number of study hours that may be claimed.
c. Hearing procedures. (i) The commissioner shall have the power to
establish necessary rules and procedures for the conduct of hearings
under this section, and shall establish timelines in regulations to
ensure that the duration of a removal proceeding pursuant to this
section, as measured from the date an employee requests a hearing to the
final hearing date, is no longer than ninety days in the case of an
employee who has received two consecutive ineffective ratings and no
longer than thirty days in the case of an employee who has received
three consecutive ineffective ratings. The commissioner shall establish
timeframes in regulations for a pre-hearing conference wherein a hearing
officer shall have the power to issue subpoenas, hear motions and decide
on other discovery and evidentiary issues. At such pre-hearing conference, the hearing officer shall establish a hearing schedule at the
pre-hearing conference to ensure that the hearing is completed within
the required time period and to ensure an equitable distribution of days
between the employing board and the charged employee.
Notwithstanding
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be granted that would extend the hearing beyond such timelines, except
as authorized in this subparagraph. A hearing officer may grant a limited and time specific adjournment that would extend the hearing beyond
such timelines if the hearing officer determines that the delay is
attributable to a circumstance or occurrence substantially beyond the
control of the requesting party and an injustice would result if the
adjournment were not granted.
(ii) The department shall be authorized to monitor and investigate a
hearing officer's compliance with timelines pursuant to this section and
to any regulations promulgated by the department. The commissioner shall
annually inform all hearing officers who have heard cases pursuant to
this section during the preceding year that the time periods prescribed
in this section for conducting such hearings are to be strictly
followed. A record of continued failure to commence and complete hearings within the time periods prescribed in this section shall be considered grounds for the commissioner to exclude such individual from the
list of potential hearing officers to be considered for such hearings.
(iii) Such rules shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the hearing officer selected
pursuant to paragraph a of this subdivision and shall be public or
private at the discretion of the employee. The employee shall have a
reasonable opportunity to defend himself or herself and an opportunity
to testify on his or her own behalf. The employee shall not be required
to testify. Each party shall have the right to be represented by counsel, to subpoena witnesses, and to cross-examine witnesses. All testimony taken shall be under oath which the hearing officer is hereby authorized to administer.
(iv) An accurate record of the proceedings shall be kept at the
expense of the department at each such hearing in accordance with the
regulations of the commissioner. A copy of the record of the hearings
shall, upon request, be furnished without charge to the employee and the
board of education involved. The department shall be authorized to
utilize any new technology or such other appropriate means to transcribe
or record such hearings in an accurate, reliable, efficient and cost-effective manner without any charge to the employee or board of education
involved.
(v) Legal standard. (A) Two consecutive ineffective ratings pursuant
to annual professional performance reviews conducted in accordance with
the provisions of section three thousand twelve-c or three thousand
twelve-d of this article shall constitute prima facie evidence of incompetence that can be overcome only by clear and convincing evidence that
the employee is not incompetent in light of all surrounding circumstances, and if not successfully overcome, the finding, absent extraordinary circumstances, shall be just cause for removal. (B) Three consecutive ineffective ratings pursuant to annual professional performance
reviews conducted in accordance with the provisions of section three
thousand twelve-c or three thousand twelve-d of this article shall
constitute prima facie evidence of incompetence that can be overcome
only by clear and convincing evidence that the calculation of one or
more of the teacher's or principal's underlying components on the annual
professional performance reviews pursuant to section three thousand
twelve-c or three thousand twelve-d of this article was fraudulent, and
if not successfully overcome, the finding, absent extraordinary circumstances, shall be just cause for removal. For purposes of this subparagraph, fraud shall include mistaken identity.

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4. Post hearing procedures. a. The hearing officer shall render a
written decision within ten days of the last day of the final hearing,
and shall forward a copy thereof to the commissioner who shall immediately forward copies of the decision to the employee and to the clerk
or secretary of the employing board. The written decision shall include
the hearing officer's findings of fact on each charge, his or her
conclusions with regard to each charge based on said findings and shall
state whether the penalty of dismissal shall be taken by the employing
board.
b. Within fifteen days of receipt of the hearing officer's decision
the employing board shall implement the decision. If the employee is
acquitted he or she shall be restored to his or her position and the
charges expunged from the employment record.
5. Appeal. a. Not later than ten days after receipt of the hearing
officer's decision, the employee or the employing board may make an
application to the New York state supreme court to vacate or modify the
decision of the hearing officer pursuant to section seventy-five hundred
eleven of the civil practice law and rules. The court's review shall be
limited to the grounds set forth in such section. The hearing panel's
determination shall be deemed to be final for the purpose of such
proceeding.
b. In no case shall the filing or the pendency of an appeal delay the
implementation of the decision of the hearing officer.
6. Nothing in this section shall be construed to prevent the use of
any evidence of performance to support charges of incompetence brought
pursuant to the provisions of section three thousand twenty-a of this
article.
5. This act shall take effect July 1, 2015 and shall apply to hearings commenced by the filing or service of charges on or after July 1,
2015, provided that effective immediately, the commissioner of education
shall be authorized to promulgate any regulations needed to implement
the provisions of this act on such effective date.
SUBPART H
Section 1. The education law is amended by adding a new section 211-f
to read as follows:
211-f. Takeover and restructuring failing schools. 1.
Eligibility
for appointment of an external receiver. (a) Failing schools. The
commissioner shall designate as failing each of the schools that has
been identified under the state's accountability system to be among the
lowest achieving five percent of public schools in the state (priority
schools) for at least three consecutive school years, or identified as a
"priority school" in each applicable year of such period except one
school year in which the school was not identified because of an
approved closure plan that was not implemented, based upon measures of
student achievement and outcomes and a methodology prescribed in the
regulations of the commissioner, provided that this list shall not
include schools within a special act school district as defined in
subdivision eight of section four thousand one of this chapter or
schools chartered pursuant to article fifty-six of this chapter. Except
as otherwise provided in paragraph (c) of this subdivision, and pursuant
to regulations promulgated by the commissioner, a school designated as
failing under this paragraph shall be eligible for receivership under
this section upon a determination by the commissioner.

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(b) Persistently failing schools. Based upon measures of student
achievement and outcomes and a methodology prescribed in the regulations
of the commissioner, the commissioner shall designate as persistently
failing each of the schools that have been identified under the state's
accountability system to be among the lowest achieving public schools in
the state for ten consecutive school years, based upon identification of
the school by the commissioner as: a "priority school" for each applicable year from the two thousand twelve--two thousand thirteen school year
to the current school year, or identified as a "priority school" in each
applicable year of such period except one year in which the school was
not identified because of an approved closure plan that was not implemented; and as a "School Requiring Academic Progress Year 5", "School
Requiring Academic Progress Year 6", "School Requiring Academic Progress
Year 7" and/or a "School in Restructuring," for each applicable year
from the two thousand six--two thousand seven school year to the two
thousand eleven--two thousand twelve school year. This designation shall
not include schools within a special act school district as defined in
subdivision eight of section four thousand one of this chapter or
schools chartered pursuant to article fifty-six of this chapter.
(c) Specific provisions. (i) For schools designated as persistently
failing pursuant to paragraph (b) of this subdivision, the local
district shall continue to operate the school for an additional school
year provided that there is a department-approved intervention model or
comprehensive education plan in place that includes rigorous performance
metrics and goals, including but not limited to measures of student
academic achievement and outcomes including those set forth in subdivision six of this section. Notwithstanding any other provision of law,
rule or regulation to the contrary, the superintendent shall be vested
with all powers granted to a receiver appointed pursuant to this section
for such time period; provided, however that such superintendent shall
not be allowed to override any decision of the board of education with
respect to his or her employment status. At the end of such year, the
department shall conduct a performance review in consultation and cooperation with the district and school staff to determine, based on the
performance metrics in the school's model or plan, whether (1) the
designation of persistently failing should be removed; (2) the school
should remain under continued school district operation with the superintendent vested with the powers of a receiver; or (3) the school should
be placed into receivership; provided, however, that a school that makes
demonstrable improvement based on the performance metrics and goals
herein shall remain under district operation for an additional school
year and if such school remains under district operation, it shall
continue to be subject to annual review by the department, in consultation and cooperation with the district, under the same terms and conditions.
(ii) For schools designated as failing, but not persistently failing,
the local district shall continue to operate the school for two additional school years provided that there is a department-approved intervention model or comprehensive education plan in place that includes
rigorous performance metrics and goals, including but not limited to
measures of student academic achievement and outcomes including those
set forth in subdivision six of this section. Notwithstanding any other
provision of law, rule or regulation to the contrary, the superintendent
shall be vested with all powers granted to a receiver appointed pursuant
to this section; provided, however that such superintendent shall not be
allowed to override any decision of the board of education with respect

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to his or her employment status. At the end of such two years, the
department shall conduct a school performance review in consultation and
cooperation with the district and school staff to determine, based on
the performance metrics in the school's model or plan, whether (1) the
designation of failing should be removed; (2) the school should remain
under continued school district operation with the superintendent vested
with the powers of a receiver; or (3) the school should be placed into
receivership; provided, however, that a school that makes demonstrable
improvement based on the performance metrics and goals herein shall
remain under district operation for an additional school year and if
such school remains under district operation, it shall continue to be
subject to such annual review by the department under the same terms and
conditions. For schools newly designated as failing after the two thousand sixteen--two thousand seventeen school year, the school shall be
immediately eligible for receivership upon such designation.
(iii) Nothing in this paragraph shall be construed to limit (1) a
school district's ability to modify, subject to approval by the department, such department approved intervention model or comprehensive
education plan, or (2) the commissioner's ability to require a school
district to modify such department approved intervention model or
comprehensive education plan and require his or her approval of such
modifications.
(iv) The district shall provide notice to parents and guardians of the
students of the school which may be placed into receivership pursuant to
this subdivision and provided further that the district or the commissioner shall hold a public meeting or hearing for purposes of discussing
the performance of the school and the construct of receivership.
1-a. Community engagement team. Upon designation as failing or persistently failing pursuant to subdivision one of this section, the district
shall establish a community engagement team which shall include community stakeholders, including but not limited to the school principal,
parents and guardians, teachers and other school staff and students.
Membership of such team may be modified at any time. Such team shall
develop recommendations for improvement of the school and shall solicit
input through public engagement. The team shall present its recommendations periodically to the school leadership and, as applicable, the
receiver.
2. Appointment of a receiver. (a) Upon a determination by the commissioner that a school shall be placed into receivership, the applicable
school district shall appoint an independent receiver, subject to the
approval of the commissioner, to manage and operate all aspects of the
school and to develop and implement a school intervention plan for the
school that shall consider the recommendations developed by the community engagement team when creating such plan. The independent receiver may
be a non-profit entity, another school district, or an individual. If
the school district fails to appoint an independent receiver that meets
with the commissioner's approval within sixty days of such determination, the commissioner shall appoint the receiver.
(b) The receiver shall be authorized to manage and operate the failing
or persistently failing school and shall have the power to supersede any
decision, policy or regulation of the superintendent of schools or chief
school officer, or of the board of education or another school officer
or the building principal that in the sole judgment of the receiver
conflicts with the school intervention plan; provided however that the
receiver may not supersede decisions that are not directly linked to the
school intervention plan, including but not limited to building usage

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plans, co-location decisions and transportation of students. The receiver shall have authority to review proposed school district budgets prior
to presentation to the district voters, or in the case of a city school
district in a city having a population of one hundred twenty-five thousand or more, of the adoption of a contingency budget, prior to approval
by the board of education, and to modify the proposed budget to conform
to the school intervention plan provided that such modifications shall
be limited in scope and effect to the failing or persistently failing
school and may not unduly impact other schools in the district. A school
under receivership shall operate in accordance with laws regulating
other public schools, except as such provisions may conflict with this
section.
(c) The commissioner shall contract with the receiver, and the compensation and other costs of the receiver appointed by the commissioner
shall be paid from a state appropriation for such purpose, or by the
school district, as determined by the commissioner, provided that costs
shall be paid by the school district only if there is an open administrative staffing line available for the receiver, and the receiver will
be taking on the responsibilities of such open line. Notwithstanding any
other provision of law to the contrary, the receiver and any of its
employees providing services in the receivership shall be entitled to
defense and indemnification by the school district to the same extent as
a school district employee. The receiver's contract may be terminated by
the commissioner for a violation of law or the commissioner's regulations or for neglect of duty. A receiver appointed to operate a
district under this section shall have full managerial and operational
control over such school; provided, however, that the board of education
shall remain the employer of record, and provided further that any
employment decisions of the board of education may be superseded by the
receiver. It shall be the duty of the board of education and the superintendent of schools to fully cooperate with the receiver and willful
failure to cooperate or interference with the functions of the receiver
shall constitute willful neglect of duty for purposes of section three
hundred six of this title. The receiver or the receiver's designee shall
be an ex officio non-voting member of the board of education entitled to
attend all meetings of the board of education.
3. Before developing the school intervention plan, the receiver shall
consult with local stakeholders such as: (a) the board of education; (b)
the superintendent of schools; (c) the building principal; (d) teachers
assigned to the school and their collective bargaining representative;
(e) school administrators assigned to the school and their collective
bargaining representative; (f) parents and guardians of students attending the school or their representatives; (g) representatives of applicable state and local social service, health and mental health agencies;
(h) as appropriate, representatives of local career education providers,
state and local workforce development agencies and the local business
community; (i) for elementary schools, representatives of local prekindergarten programs; (j) students attending the school as appropriate;
(k) as needed for middle schools, junior high schools, central schools
or high schools, representatives of local higher education institutions;
and (l) the school stakeholder team set forth in subdivision one-a of
this section.
4. In creating the school intervention plan, the receiver shall (i)
consider the recommendations developed by the community engagement team
set forth in subdivision one-a of this section; (ii) include provisions
intended to maximize the rapid academic achievement of students at the

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school; and (iii) ensure that the plan addresses school leadership and
capacity, school leader practices and decisions, curriculum development
and support, teacher practices and decisions, student social and
emotional developmental health, and family and community engagement. The
receiver shall, to the extent practicable, base the plan on the findings
of any recent diagnostic review or assessment of the school that has
been conducted and, as applied to the school, student outcome data
including, but not limited to: (a) student achievement growth data based
on state measures; (b) other measures of student achievement; (c)
student promotion and graduation rates; (d) achievement and growth data
for the subgroups of students used in the state's accountability system;
(e) student attendance; and (f) long-term and short-term suspension
rates.
5. (a) The receiver shall include the following in the school intervention plan: (i) measures to address social service, health and mental
health needs of students in the school and their families in order to
help students arrive and remain at school ready to learn; provided that
this may include mental health and substance abuse screening; (ii) measures to improve or expand access to child welfare services and, as
appropriate, services in the school community to promote a safe and
secure learning environment; (iii) as applicable, measures to provide
greater access to career and technical education and workforce development services provided to students in the school and their families in
order to provide students and families with meaningful employment skills
and opportunities; (iv) measures to address achievement gaps for English
language learners, students with disabilities and economically disadvantaged students, as applicable; (v) measures to address school climate
and positive behavior support, including mentoring and other youth
development programs; and (vi) a budget for the school intervention
plan.
(b) As necessary, the commissioner and the commissioners of the
department of health, the office of children and family services, the
department of labor and other applicable state and local social service,
health, mental health and child welfare officials shall coordinate
regarding the implementation of the measures described in subparagraphs
(i) through (iii) of paragraph (a) of this subdivision that are included
in the school intervention plan and shall, subject to appropriation,
reasonably support such implementation consistent with the requirements
of state and federal law applicable to the relevant programs that each
such official is responsible for administering, and grant failing
schools priority in competitive grants, as allowable before and during
the period of receivership.
6. In order to assess the school across multiple measures of school
performance and student success, the school intervention plan shall
include measurable annual goals including, but not limited to, the
following: (a) student attendance; (b) student discipline including but
not limited to short-term and long-term suspension rates; (c) student
safety; (d) student promotion and graduation and drop-out rates; (e)
student achievement and growth on state measures; (f) progress in areas
of academic underperformance; (g) progress among the subgroups of
students used in the state's accountability system; (h) reduction of
achievement gaps among specific groups of students; (i) development of
college and career readiness, including at the elementary and middle
school levels; (j) parent and family engagement; (k) building a culture
of academic success among students; (l) building a culture of student
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appropriate child assessments from pre-kindergarten through third grade,
if applicable, that are tailored to the needs of the school; and (n)
measures of student learning.
7. (a) Notwithstanding any general or special law to the contrary, in
creating and implementing the school intervention plan, the receiver
shall, after consulting with stakeholders and the community engagement
team, convert schools to community schools to provide expanded health,
mental health and other services to the students and their families.
In addition, the receiver may: (i) review and if necessary expand, alter
or replace the curriculum and program offerings of the school, including
the implementation of research-based early literacy programs, early
interventions for struggling readers and the teaching of advanced placement courses or other rigorous nationally or internationally recognized
courses, if the school does not already have such programs or courses;
(ii) replace teachers and administrators, including school leadership
who are not appropriately certified or licensed; (iii) increase salaries
of current or prospective teachers and administrators to attract and
retain high-performing teachers and administrators; (iv) establish steps
to improve hiring, induction, teacher evaluation, professional development, teacher advancement, school culture and organizational structure;
(v) reallocate the uses of the existing budget of the school; (vi)
expand the school day or school year or both of the school; (vii) for a
school that offers the first grade, add pre-kindergarten and full-day
kindergarten classes, if the school does not already have such classes;
(viii) in accordance with paragraphs (b) and (c) of this subdivision, to
abolish the positions of all members of the teaching and administrative
and supervisory staff assigned to the failing or persistently failing
school and terminate the employment of any building principal assigned
to such a school, and require such staff members to reapply for their
positions in the school if they so choose; (ix) include a provision of a
job-embedded professional development for teachers at the school, with
an emphasis on strategies that involve teacher input and feedback; (x)
establish a plan for professional development for administrators at the
school, with an emphasis on strategies that develop leadership skills
and use the principles of distributive leadership; and/or (xi) order the
conversion of a school in receivership that has been designated as failing or persistently failing pursuant to this section into a charter
school, provided that such conversion shall be subject to article
fifty-six of this chapter and provided further that such charter conversion school shall operate pursuant to such article and provided further
that such charter conversion school shall operate consistent with a
community schools model and provided further that such conversion charter school shall be subject to the provisions in subdivisions three,
four, five, six, nine, ten, eleven, twelve and thirteen of this section.
(b) Notwithstanding any other provision of law, rule or regulation to
the contrary, upon designation of any school of the school district as a
failing or persistently failing school pursuant to this section, the
abolition of positions of members of the teaching and administrative and
supervisory staff of the school shall thereafter be governed by the
applicable provisions of section twenty-five hundred ten, twenty-five
hundred eighty-five, twenty-five hundred eighty-eight or three thousand
thirteen of this chapter as modified by this paragraph. A classroom
teacher or building principal who has received two or more composite
ratings of ineffective on an annual professional performance review
shall be deemed not to have rendered faithful and competent service
within the meaning of section twenty-five hundred ten, twenty-five

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hundred eighty-five, twenty-five hundred eighty-eight or three thousand
thirteen of this chapter. When a position of a classroom teacher or
building principal is abolished, the services of the teacher or administrator or supervisor within the tenure area of the position with the
lowest rating on the most recent annual professional performance review
shall be discontinued, provided that seniority within the tenure area of
the position shall be used solely to determine which position should be
discontinued in the event of a tie.
(c) The receiver may abolish the positions of all teachers and pedagogical support staff, administrators and pupil personnel service
providers assigned to a school designated as failing or persistently
failing pursuant to this section and require such staff members to reapply for new positions if they so choose. The receiver shall define new
positions for the school aligned with the school intervention plan,
including selection criteria and expected duties and responsibilities
for each position. For administrators and pupil personnel service
providers, the receiver shall have full discretion over all such rehiring decisions. For teachers and pedagogical support staff, the receiver
shall convene a staffing committee including the receiver, two appointees of the receiver and two appointees selected by the school staff or
their collective bargaining unit. The staffing committee will determine
whether former school staff reapplying for positions are qualified for
the new positions. The receiver shall have full discretion regarding
hiring decisions but must fill at least fifty percent of the newly
defined positions with the most senior former school staff who are
determined by the staffing committee to be qualified. Any remaining
vacancies shall be filled by the receiver in consultation with the
staffing committee. Notwithstanding any other provision of law to the
contrary, a member of the teaching and pedagogical support, administrative, or pupil personnel service staff who is not rehired pursuant to
this paragraph shall not have any right to bump or displace any other
person employed by the district, but shall be placed on a preferred
eligibility list in accordance with the applicable provisions of section
twenty-five hundred ten, twenty-five hundred eighty-five, twenty-five
hundred eighty-eight or three thousand thirteen of this chapter. Teachers rehired pursuant to this paragraph shall maintain their prior status
as tenured or probationary, and a probationary teacher's probation period shall not be changed.
(d) For a school with English language learners, the professional
development and planning time for teachers and administrators identified
in clauses (vi) and (vii) of the closing paragraph of paragraph (a) of
this subdivision, shall include specific strategies and content designed
to maximize the rapid academic achievement of the English language learners.
8. (a) In order to maximize the rapid achievement of students at the
applicable school, the receiver may request that the collective bargaining unit or units representing teachers and administrators and the
receiver, on behalf of the board of education, negotiate a receivership
agreement that modifies the applicable collective bargaining agreement
or agreements with respect to any failing schools in receivership applicable during the period of receivership. The receivership agreement may
address the following subjects: the length of the school day; the length
of the school year; professional development for teachers and administrators; class size; and changes to the programs, assignments, and
teaching conditions in the school in receivership. The receivership
agreement shall not provide for any reduction in compensation unless

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there shall also be a proportionate reduction in hours and shall provide
for a proportionate increase in compensation where the length of the
school day or school year is extended. The receivership agreement shall
not alter the remaining terms of the existing/underlying collective
bargaining agreement which shall remain in effect.
(b) The bargaining shall be conducted between the receiver and the
collective bargaining unit in good faith and completed not later than
thirty days from the point at which the receiver requested that the
bargaining commence. The agreement shall be subject to ratification
within ten business days by the bargaining unit members in the school.
If the parties are unable to reach an agreement within thirty days or if
the agreement is not ratified within ten business days by the bargaining
unit members of the school, the parties shall submit any remaining unresolved issues to the commissioner who shall resolve any unresolved
issues within five days, in accordance with standard collective bargaining principles.
(c) For purposes only for schools designated as failing pursuant to
subparagraph (ii) of paragraph (c) of subdivision one of this section,
bargaining shall be conducted between the receiver and the collective
bargaining unit in good faith and completed not later than thirty days
from the point at which the receiver requested that the bargaining
commence. The agreement shall be subject to ratification within ten
business days by the bargaining unit members of the school. If the
parties are unable to reach an agreement within thirty days or if the
agreement is not ratified within ten business days by the bargaining
unit members of the school, a conciliator shall be selected through the
American Arbitration Association, who shall forthwith forward to the
parties a list of three conciliators, each of whom shall have professional experience in elementary and secondary education, from which the
parties may agree upon a single conciliator provided, however, that if
the parties cannot select a conciliator from among the three within
three business days, the American Arbitration Association shall select a
conciliator from the list of names within one business day, and the
conciliator shall resolve all outstanding issues within five days. After
such five days, if any unresolved issues remain, the parties shall
submit such issues to the commissioner who shall resolve such issues
within five days, in accordance with standard collective bargaining
principles.
9. A final school intervention plan shall be submitted to the commissioner for approval and, upon approval, shall be issued by the receiver
within six months of the receiver's appointment. A copy of such plan
shall be provided to the board of education, the superintendent of
schools and the collective bargaining representatives of teachers and
administrators of the school district. The plan shall be publicly available and shall be posted on the department's website and the school
district's website, and the school district shall provide notice to
parents of such school intervention plan and its availability.
10. Each school intervention plan shall be authorized for a period of
not more than three years. The receiver may develop additional components of the plan and shall develop annual goals for each component of
the plan in a manner consistent with this section, all of which must be
approved by the commissioner. The receiver shall be responsible for
meeting the goals of the school intervention plan.
11. The receiver shall provide a written report to the board of education, the commissioner, and the board of regents on a quarterly basis to
provide specific information about the progress being made on the imple-

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mentation of the school intervention plan. One of the quarterly reports
shall be the annual evaluation of the intervention plan under subdivision twelve of this section.
12. (a) The commissioner shall, in consultation and cooperation with
the district and the school staff, evaluate each school with an
appointed receiver at least annually. The purpose of the evaluation
shall be to determine whether the school has met the annual goals in its
school intervention plan and to assess the implementation of the plan at
the school. The evaluation shall be in writing and shall be submitted to
the superintendent and the board of education not later than September
first for the preceding school year. The evaluation shall be submitted
in a format determined by the commissioner.
(b) If the commissioner determines that the school has met the annual
performance goals stated in the school intervention plan, the evaluation
shall be considered sufficient and the implementation of the school
intervention plan shall continue. If the commissioner determines that
the school has not met one or more goals in the plan, the commissioner
may require modification of the plan.
13. Upon the expiration of a school intervention plan for a school
with an appointed receiver, the commissioner, in consultation and cooperation with the district, shall conduct an evaluation of the school to
determine whether the school has improved sufficiently, requires further
improvement or has failed to improve. On the basis of such review, the
commissioner, in consultation and cooperation with the district, may:
(a) renew the plan with the receiver for an additional period of not
more than three years; (b) if the failing or persistently failing school
remains failing and the terms of the plan have not been substantially
met, terminate the contract with the receiver and appoint a new receiver; or (c) determine that the school has improved sufficiently for the
designation of failing or persistently failing to be removed.
14. Nothing in this section shall prohibit the commissioner or a local
district from closing a school pursuant to the regulations of the
commissioner.
15. The commissioner shall be authorized to adopt regulations to carry
out the provisions of this section.
16. The commissioner shall report annually to the governor and the
legislature on the implementation and fiscal impact of this section. The
report shall include, but not be limited to, a list of all schools
currently designated as failing or persistently failing and the strategies used in each of the schools to maximize the rapid academic achievement of students.
17. The commissioner shall provide any relevant data that is needed to
implement and comply with the requirements of the chapter of the laws of
two thousand fifteen which added this section to any school district
that has a school or schools designated as failing or persistently failing pursuant to this section by August fifteenth of each year, to the
fullest extent practicable.
Provided that the commissioner shall
provide guidance to districts and may establish a model intervention
plan. And provided further, that the commissioner shall make available
to the public any school intervention plan, or other department-approved
intervention model or comprehensive education plan of a school or
district provided that such measures are consistent with all federal and
state privacy laws.
2. This act shall take effect immediately.
3. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by a court of compe-

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tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through H of this act shall
be as specifically set forth in the last section of such Subparts.
2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through EE of this act shall be
as specifically set forth in the last section of such Parts.

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