S 9006: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2026-2027 state fiscal year; relates to contracts for excellence, foundation aid, the homeless and foster count, renewable energy projects, zero-emissions school buses and to apportioning aid for universal prekindergarten; relates to reimbursement for the 2026-2027 school year and the maximum contract hours, withholding a portion of employment preparation education aid, and the effectiveness thereof; relates to the use of apportionments for the EXCEL program and the effectiveness thereof; relates to maximum class sizes for special classes for certain students with disabilities; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; amends provisions relating to the apportionment amount for the Roosevelt union free school district; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; repeals certain provisions relating to the statewide universal full-day prekindergarten program (Part A); relates to evidence-based instructional practices in the subject of mathematics for students in kindergarten through grade five (Part B); relates to the eligibility of students enrolled in an approved program leading to a degree in a high demand field for the New York opportunity promise scholarship (Part C); allows for the chancellor of SUNY and CUNY to impose differential tuition rates on non-resident undergraduate and graduate students until the 2028-2029 academic year (Part E); relates to early childhood educator eligibility for the masters-in-education teacher incentive scholarship program (Part F); changes the name of the "New York state musical instrument revolving fund" to the "New York state music grant fund"; includes musical education in school districts and boards of cooperative educational services within not-for-profit musical entities incorporated in the state and organized for the purpose of the presentation of performing arts for the benefit of the public (Part G); extends provisions of law relating to restructuring financing for residential school placements (Part K); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part L); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program (Part M); increases the number of land banks which can simultaneously exist in the state of New York from 35 to 45 (Part N); authorizes a tax abatement for alterations and improvements to multiple dwellings for purposes of preserving habitability in affordable housing (Part O); relates to establishing the crime of aggravated harassment of a rent regulated tenant (Part P); renumbers the disparate impact standard for housing and employment in the human rights law (Part Q); defines eligible multiple dwelling under the affordable New York housing program; includes a multiple dwelling that is located on a parcel of land which was part of a tract of land for which a special permit for a large scale general development was approved via the uniform land use review procedure on or before June 15, 2022, and such tract contains a multiple dwelling for which the commencement date is after December 31, 2015 and on or before June 15, 2022 and complies with certain affordability options (Part R).

  
  STATE OF NEW YORK ________________________________________________________________________ S. 9006 A. 10006  SENATE - ASSEMBLY January 21, 2026 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence, foundation aid, and to apportioning aid for universal prekin- dergarten; to amend chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; to amend chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community coun- cils, and community superintendents, in relation to the effectiveness thereof; to amend the education law, in relation to state aid adjust- ments to conditions under which districts are entitled to apportion- ment; to amend the education law, in relation to the apportionment of moneys for school aid; to amend chapter 756 of the laws of 1992 relat- ing to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2026-2027 school year and the maximum contract hours, withholding a portion of employment preparation education aid, and the effectiveness thereof; to amend the education law, in relation to the use of apportionments for the EXCEL program; to amend chapter 61 of the laws of 2006 amending the education law and the public authorities law relating to expanding our children's education and learning, in relation to the effectiveness thereof; to amend the education law, in relation to maximum class sizes for special classes for certain students with disabilities; to amend chapter 82 of the laws of 1995 amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set- asides from the state funds which certain districts are receiving from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12672-01-6 
 S. 9006 2 A. 10006 the total foundation aid; providing for support of public libraries; and to repeal certain provisions of the education law relating to the statewide universal full-day prekindergarten program (Part A); to amend the education law, in relation to evidence-based mathematics instruction (Part B); to amend the education law, in relation to eligibility for the New York opportunity promise scholarship (Part C); to amend the education law, in relation to certificate of residence policies for community colleges (Part D); to amend the education law, in relation to tuition rates of non-resident undergraduate and gradu- ate students at the state university of New York and city university of New York (Part E); to amend the education law, in relation to early childhood educator eligibility for the masters-in-education teacher incentive scholarship program (Part F); to amend the state finance law, in relation to the New York state music grant fund (Part G); to amend the social services law, in relation to child care provider registration and training (Part H); to amend the social services law, in relation to the payment of certain expenses by adoptive parents (Part I); to amend the public health law, in relation to authorizing body scanner utilization in detention and youth justice facilities (Part J); to amend part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for resi- dential school placements, in relation to the effectiveness thereof (Part K); 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 L); to utilize reserves in the mortgage insurance fund for various housing purposes (Part M); to amend the not-for-profit corporation law, in relation to the maximum number of land banks that can simultaneously exist in New York state (Part N); to amend the real property tax law, in relation to authorizing a tax abatement for alterations and improvements to multiple dwellings for purposes of preserving habitability in affordable housing (Part O); and to amend the penal law, in relation to the aggravated harassment of a rent regulated tenant (Part P) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state education, labor, housing and family 3 assistance budget for the 2026-2027 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through P. The 5 effective date for each particular provision contained within such Part 6 is set forth in the last section of such Part. Any provision in any 7 section contained within a Part, including the effective date of the 8 Part, which makes a reference to a section "of this act", when used in 9 connection with that particular component, shall be deemed to mean and 10 refer to the corresponding section of the Part in which it is found. 11 Section three of this act sets forth the general effective date of this 12 act. 13 PART A 14 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 15 tion law, as amended by section 1 of part A of chapter 56 of the laws of 16 2025, is amended to read as follows: 
 S. 9006 3 A. 10006 1 e. Notwithstanding paragraphs a and b of this subdivision, a school 2 district that submitted a contract for excellence for the two thousand 3 eight--two thousand nine school year shall submit a contract for excel- 4 lence for the two thousand nine--two thousand ten school year in 5 conformity with the requirements of subparagraph (vi) of paragraph a of 6 subdivision two of this section unless all schools in the district are 7 identified as in good standing and provided further that, a school 8 district that submitted a contract for excellence for the two thousand 9 nine--two thousand ten school year, unless all schools in the district 10 are identified as in good standing, shall submit a contract for excel- 11 lence for the two thousand eleven--two thousand twelve school year which 12 shall, notwithstanding the requirements of subparagraph (vi) of para- 13 graph a of subdivision two of this section, provide for the expenditure 14 of an amount which shall be not less than the product of the amount 15 approved by the commissioner in the contract for excellence for the two 16 thousand nine--two thousand ten school year, multiplied by the 17 district's gap elimination adjustment percentage and provided further 18 that, a school district that submitted a contract for excellence for the 19 two thousand eleven--two thousand twelve school year, unless all schools 20 in the district are identified as in good standing, shall submit a 21 contract for excellence for the two thousand twelve--two thousand thir- 22 teen school year which shall, notwithstanding the requirements of 23 subparagraph (vi) of paragraph a of subdivision two of this section, 24 provide for the expenditure of an amount which shall be not less than 25 the amount approved by the commissioner in the contract for excellence 26 for the two thousand eleven--two thousand twelve school year and 27 provided further that, a school district that submitted a contract for 28 excellence for the two thousand twelve--two thousand thirteen school 29 year, unless all schools in the district are identified as in good 30 standing, shall submit a contract for excellence for the two thousand 31 thirteen--two thousand fourteen school year which shall, notwithstanding 32 the requirements of subparagraph (vi) of paragraph a of subdivision two 33 of this section, provide for the expenditure of an amount which shall be 34 not less than the amount approved by the commissioner in the contract 35 for excellence for the two thousand twelve--two thousand thirteen school 36 year and provided further that, a school district that submitted a 37 contract for excellence for the two thousand thirteen--two thousand 38 fourteen school year, unless all schools in the district are identified 39 as in good standing, shall submit a contract for excellence for the two 40 thousand fourteen--two thousand fifteen school year which shall, 41 notwithstanding the requirements of subparagraph (vi) of paragraph a of 42 subdivision two of this section, provide for the expenditure of an 43 amount which shall be not less than the amount approved by the commis- 44 sioner in the contract for excellence for the two thousand thirteen--two 45 thousand fourteen school year; and provided further that, a school 46 district that submitted a contract for excellence for the two thousand 47 fourteen--two thousand fifteen school year, unless all schools in the 48 district are identified as in good standing, shall submit a contract for 49 excellence for the two thousand fifteen--two thousand sixteen school 50 year which shall, notwithstanding the requirements of subparagraph (vi) 51 of paragraph a of subdivision two of this section, provide for the 52 expenditure of an amount which shall be not less than the amount 53 approved by the commissioner in the contract for excellence for the two 54 thousand fourteen--two thousand fifteen school year; and provided 55 further that a school district that submitted a contract for excellence 56 for the two thousand fifteen--two thousand sixteen school year, unless 
 S. 9006 4 A. 10006 1 all schools in the district are identified as in good standing, shall 2 submit a contract for excellence for the two thousand sixteen--two thou- 3 sand seventeen school year which shall, notwithstanding the requirements 4 of subparagraph (vi) of paragraph a of subdivision two of this section, 5 provide for the expenditure of an amount which shall be not less than 6 the amount approved by the commissioner in the contract for excellence 7 for the two thousand fifteen--two thousand sixteen school year; and 8 provided further that, a school district that submitted a contract for 9 excellence for the two thousand sixteen--two thousand seventeen school 10 year, unless all schools in the district are identified as in good 11 standing, shall submit a contract for excellence for the two thousand 12 seventeen--two thousand eighteen school year which shall, notwithstand- 13 ing the requirements of subparagraph (vi) of paragraph a of subdivision 14 two of this section, provide for the expenditure of an amount which 15 shall be not less than the amount approved by the commissioner in the 16 contract for excellence for the two thousand sixteen--two thousand 17 seventeen school year; and provided further that a school district that 18 submitted a contract for excellence for the two thousand seventeen--two 19 thousand eighteen school year, unless all schools in the district are 20 identified as in good standing, shall submit a contract for excellence 21 for the two thousand eighteen--two thousand nineteen school year which 22 shall, notwithstanding the requirements of subparagraph (vi) of para- 23 graph a of subdivision two of this section, provide for the expenditure 24 of an amount which shall be not less than the amount approved by the 25 commissioner in the contract for excellence for the two thousand seven- 26 teen--two thousand eighteen school year; and provided further that, a 27 school district that submitted a contract for excellence for the two 28 thousand eighteen--two thousand nineteen school year, unless all schools 29 in the district are identified as in good standing, shall submit a 30 contract for excellence for the two thousand nineteen--two thousand 31 twenty school year which shall, notwithstanding the requirements of 32 subparagraph (vi) of paragraph a of subdivision two of this section, 33 provide for the expenditure of an amount which shall be not less than 34 the amount approved by the commissioner in the contract for excellence 35 for the two thousand eighteen--two thousand nineteen school year; and 36 provided further that, a school district that submitted a contract for 37 excellence for the two thousand nineteen--two thousand twenty school 38 year, unless all schools in the district are identified as in good 39 standing, shall submit a contract for excellence for the two thousand 40 twenty--two thousand twenty-one school year which shall, notwithstanding 41 the requirements of subparagraph (vi) of paragraph a of subdivision two 42 of this section, provide for the expenditure of an amount which shall be 43 not less than the amount approved by the commissioner in the contract 44 for excellence for the two thousand nineteen--two thousand twenty school 45 year; and provided further that, a school district that submitted a 46 contract for excellence for the two thousand twenty--two thousand twen- 47 ty-one school year, unless all schools in the district are identified as 48 in good standing, shall submit a contract for excellence for the two 49 thousand twenty-one--two thousand twenty-two school year which shall, 50 notwithstanding the requirements of subparagraph (vi) of paragraph a of 51 subdivision two of this section, provide for the expenditure of an 52 amount which shall be not less than the amount approved by the commis- 53 sioner in the contract for excellence for the two thousand twenty--two 54 thousand twenty-one school year; and provided further that, a school 55 district that submitted a contract for excellence for the two thousand 56 twenty-one--two thousand twenty-two school year, unless all schools in 
 S. 9006 5 A. 10006 1 the district are identified as in good standing, shall submit a contract 2 for excellence for the two thousand twenty-two--two thousand twenty- 3 three school year which shall, notwithstanding the requirements of 4 subparagraph (vi) of paragraph a of subdivision two of this section, 5 provide for the expenditure of an amount which shall be not less than 6 the amount approved by the commissioner in the contract for excellence 7 for the two thousand twenty-one--two thousand twenty-two school year; 8 and provided further that, a school district that submitted a contract 9 for excellence for the two thousand twenty-two--two thousand twenty- 10 three school year, unless all schools in the district are identified as 11 in good standing, shall submit a contract for excellence for the two 12 thousand twenty-three--two thousand twenty-four school year which shall, 13 notwithstanding the requirements of subparagraph (vi) of paragraph a of 14 subdivision two of this section, provide for the expenditure of an 15 amount which shall be not less than the amount approved by the commis- 16 sioner in the contract for excellence for the two thousand twenty-two-- 17 two thousand twenty-three school year; and provided further that, a 18 school district that submitted a contract for excellence for the two 19 thousand twenty-three--two thousand twenty-four school year, unless all 20 schools in the district are identified as in good standing, shall submit 21 a contract for excellence for the two thousand twenty-four--two thousand 22 twenty-five school year which shall, notwithstanding the requirements of 23 subparagraph (vi) of paragraph a of subdivision two of this section, 24 provide for the expenditure of an amount which shall be not less than 25 the amount approved by the commissioner in the contract for excellence 26 for the two thousand twenty-three--two thousand twenty-four school year; 27 and provided further that a school district that submitted a contract 28 for excellence for the two thousand twenty-four--two thousand twenty- 29 five school year, unless all schools in the district are identified as 30 in good standing, shall submit a contract for excellence for the two 31 thousand twenty-five--two thousand twenty-six school year which shall, 32 notwithstanding the requirements of subparagraph (vi) of paragraph a of 33 subdivision two of this section, provide for the expenditure of an 34 amount which shall be not less than the amount approved by the commis- 35 sioner in the contract for excellence for the two thousand twenty-four- 36 -two thousand twenty-five school year; and provided further that a 37 school district that submitted a contract for excellence for the two 38 thousand twenty-five--two thousand twenty-six school year, unless all 39 schools in the district are identified as in good standing, shall submit 40 a contract for excellence for the two thousand twenty-six--two thousand 41 twenty-seven school year which shall, notwithstanding the requirements 42 of subparagraph (vi) of paragraph a of subdivision two of this section, 43 provide for the expenditure of an amount which shall be not less than 44 the amount approved by the commissioner in the contract for excellence 45 for the two thousand twenty-five--two thousand twenty-six school year; 46 provided, however, that, in a city school district in a city having a 47 population of one million or more, notwithstanding the requirements of 48 subparagraph (vi) of paragraph a of subdivision two of this section, the 49 contract for excellence shall provide for the expenditure as set forth 50 in subparagraph (v) of paragraph a of subdivision two of this section. 51 For purposes of this paragraph, the "gap elimination adjustment percent- 52 age" shall be calculated as the sum of one minus the quotient of the sum 53 of the school district's net gap elimination adjustment for two thousand 54 ten--two thousand eleven computed pursuant to chapter fifty-three of the 55 laws of two thousand ten, making appropriations for the support of 56 government, plus the school district's gap elimination adjustment for 
 S. 9006 6 A. 10006 1 two thousand eleven--two thousand twelve as computed pursuant to chapter 2 fifty-three of the laws of two thousand eleven, making appropriations 3 for the support of the local assistance budget, including support for 4 general support for public schools, divided by the total aid for adjust- 5 ment computed pursuant to chapter fifty-three of the laws of two thou- 6 sand eleven, making appropriations for the local assistance budget, 7 including support for general support for public schools. Provided, 8 further, that such amount shall be expended to support and maintain 9 allowable programs and activities approved in the two thousand nine--two 10 thousand ten school year or to support new or expanded allowable 11 programs and activities in the current year. 12 § 2. Subdivision 4 of section 3602 of the education law is amended by 13 adding a new paragraph g to read as follows: 14 g. Foundation aid payable in the two thousand twenty-six--two thousand 15 twenty-seven school year. Notwithstanding any provision of law to the 16 contrary, foundation aid payable in the two thousand twenty-six--two 17 thousand twenty-seven school year shall equal the greater of total foun- 18 dation aid or the product of one and one hundredth (1.01) multiplied by 19 the foundation aid base. 20 § 3. Paragraph a of subdivision 6 of section 3602 of the education law 21 is amended by adding a new subparagraph 13 to read as follows: 22 (13) (a) Renewable energy projects shall be considered part of the 23 cost allowance calculated by the commissioner pursuant to this subpara- 24 graph. 25 (b) Renewable energy projects include: (i) solar photovoltaic or ther- 26 mal systems, whether ground-mounted or roof-mounted; (ii) geothermal 27 systems; and (iii) other commercially proven and cost-effective renewa- 28 ble energy technologies pursuant to regulations of the commissioner. 29 Renewable energy projects may not include capital expenses allowable 30 under subdivision seven of this section. 31 (c) Ground-mounted renewable energy projects shall be sited to mini- 32 mize impacts on athletic fields, outdoor educational spaces, and natural 33 areas serving the school. 34 (d) The portion of project costs attributable to system capacity that, 35 when combined with other renewable energy projects, if any, exceeds one 36 hundred ten percent of the building's baseline energy consumption shall 37 not constitute an aidable expense. Baseline energy consumption shall be 38 calculated using the historic annual energy consumption as determined by 39 the commissioner. 40 § 4. Paragraph c of subdivision 1 of section 3602-e of the education 41 law, as amended by section 19 of part B of chapter 57 of the laws of 42 2007, is amended and four new paragraphs c-1, f, g, and h are added to 43 read as follows: 44 c. "Eligible four-year-old children" shall mean resident children who 45 are four years of age on or before December first of the year in which 46 they are enrolled or who will otherwise be first eligible to enter 47 public school kindergarten commencing with the following school year. 48 c-1. "Eligible three-year-old children" shall mean resident children 49 who are three years of age on or before December first of the year in 50 which they are enrolled or who will otherwise be first eligible to enter 51 public school kindergarten commencing two years from the time of enroll- 52 ment. 53 f. "Universal access proxy" shall mean the product of eighty-five 54 percent multiplied by the positive difference, if any, between the sum 55 of the public school enrollment and the nonpublic school enrollment of 56 children attending full-day and half-day kindergarten programs in the 
 S. 9006 7 A. 10006 1 district in the year prior to the base year less the number of resident 2 children who attain the age of four before December first of the base 3 year, who were served during such school year by a prekindergarten 4 program approved pursuant to section forty-four hundred ten of this 5 chapter, where such services are provided for more than four hours per 6 day. 7 g. "Half-day program" shall mean a program which serves students for 8 at least two and five-tenths hours but less than five hours per day. 9 h. "Full-day program" shall mean a program which serves students for 10 at least five hours per day. 11 § 5. Subdivisions 9, 10, 11, 18, 19, and 20 of section 3602-e of the 12 education law are REPEALED and two new subdivisions 10 and 11 are added 13 to read as follows: 14 10. Universal prekindergarten apportionment. School districts shall 15 receive a universal prekindergarten apportionment, in the two thousand 16 twenty-six--two thousand twenty-seven school year and thereafter, equal 17 to the sum of the four-year-old apportionment and the three-year-old 18 apportionment. 19 a. The four-year-old apportionment shall equal the lesser of (i) the 20 product of aid per four-year-old prekindergarten pupil multiplied by 21 four-year-old prekindergarten pupils served, or (ii) total actual grant 22 expenditures incurred by the school district as approved by the commis- 23 sioner. 24 (1) "Aid per four-year-old prekindergarten pupil" shall equal the 25 greater of (A) the school district's selected foundation aid for the 26 current year projection published as of May fifteenth of the prior 27 school year, calculated pursuant to paragraph four of section thirty-six 28 hundred two of this part, (B) ten thousand dollars, or (C) the amount 29 set forth for such school district as "2025-26 4YO MAX UPK AID" on the 30 school aid computer listing produced by the commissioner in support of 31 the executive budget for the two thousand twenty-six--two thousand twen- 32 ty-seven fiscal year and entitled "BT262-7" divided by the amount set 33 forth as "2025-26 4YO MAX FTE" on such listing. 34 (2) "Four-year-old prekindergarten pupils served" shall mean the sum 35 of (i) the unduplicated count of all eligible four-year-old children 36 registered to receive educational services in a full-day program, as 37 registered on the date prior to November first that is specified by the 38 commissioner as the enrollment reporting date for the school district, 39 as reported to the commissioner plus (ii) for the two thousand twenty- 40 six--two thousand twenty-seven school year through the two thousand 41 twenty-seven--two thousand twenty-eight school year, the product of five 42 tenths multiplied by the unduplicated count of eligible four-year-old 43 children registered to receive educational services in a half-day 44 program, as registered on such date and reported to the commissioner. 45 b. The three-year-old apportionment shall equal the lesser of (i) the 46 product of the three-year-old maximum apportionment and the three-year- 47 old maintenance of effort percentage or (ii) total actual grant expendi- 48 tures incurred by the school district as approved by the commissioner. 49 (1) "Three-year-old maximum apportionment" shall equal the greater of 50 the three-year-old maximum apportionment from the base year or the 51 amount set forth for such school district as "2025-26 3YO MAX UPK AID" 52 on the school aid computer listing produced by the commissioner in 53 support of the executive budget for the two thousand twenty-six--two 54 thousand twenty-seven fiscal year and entitled "BT262-7." 
 S. 9006 8 A. 10006 1 (2) "Three-year-old maintenance of effort percentage" shall equal the 2 quotient of three-year-old students served divided by the maximum eligi- 3 ble three-year-old students, but shall not exceed one hundred percent. 4 (A) "Three-year-old students served" shall equal the sum of (i) the 5 unduplicated count of eligible three-year-old children registered to 6 receive educational services in a full-day program as registered on the 7 date prior to November first that is specified by the commissioner as 8 the enrollment reporting date for the school district, as reported to 9 the commissioner, plus (ii) the product of five-tenths multiplied by the 10 unduplicated count of eligible three-year-old children registered to 11 receive educational services in a half-day program, as registered on 12 such date and reported to the commissioner, (iii) less the three-year- 13 old overage penalty. 14 (I) "Three-year-old overage penalty" shall equal, for districts with 15 thirty percent fewer three-year-old students served in full-day programs 16 in the current year than the maximum eligible three-year-old full-day 17 students, due to the conversion of the maximum eligible three-year-old 18 full-day students to three-year-old students served in half-day programs 19 in the current year, the difference of the product of seven-tenths 20 multiplied by the maximum eligible three-year-old full-day students, 21 rounded down to the nearest whole number, less the number of three-year- 22 old students served in full-day programs in the current year. 23 (II) School districts may apply to the commissioner for a hardship 24 waiver that would allow a district to convert more than thirty percent 25 of three-year-old students served in full-day programs in the current 26 year to three-year-old students served in half-day programs in the 27 current year. Such waiver shall be granted upon a demonstration by the 28 school district that due to a significant change in the resources avail- 29 able to the school district and absent such hardship waiver, the school 30 district would be unable to serve such pupils in prekindergarten 31 programs, without causing significant disruption to other district 32 programming. If a hardship waiver is granted, the three-year-old overage 33 penalty shall be zero for the current school year. No school district 34 shall be eligible for a waiver in three or more consecutive school 35 years. 36 (B) "Maximum eligible three-year-old students" shall equal the greater 37 of the amount set forth for such school district as "2025-26 3YO MAX UPK 38 FTE" on the school aid computer listing produced by the commissioner in 39 support of the executive budget for the two thousand twenty-six--two 40 thousand twenty-seven fiscal year and entitled "BT262-7" or the sum of 41 (i) the maximum eligible three-year-old students in full-day programs in 42 the base year plus (ii) the product of five-tenths multiplied by the 43 maximum eligible three-year-old students in half-day programs in the 44 base year. 45 c. School districts shall receive up to fifty percent of the universal 46 prekindergarten apportionment defined in this subdivision upon approval 47 of the application submitted pursuant to subdivision five of this 48 section, but not earlier than September first. School districts may be 49 eligible for an additional twenty percent of such apportionment after 50 April first of each school year upon completion of a request for funds 51 on a form designated by the commissioner. The remainder of such appor- 52 tionment shall be paid to each school district upon acceptance of a 53 final expenditure report submitted on a form designated by the commis- 54 sioner in the following school year. 55 11. No later than the two thousand twenty-eight--two thousand twenty- 56 nine school year, all school districts shall serve in a full-day prekin- 
 S. 9006 9 A. 10006 1 dergarten program all eligible four-year-old children whose parent or 2 guardian applies to enroll such child in the district's universal prek- 3 indergarten program, whether such services are provided directly through 4 the school district, a board of cooperative educational services, or 5 collaborative efforts between the school district and an eligible agency 6 or agencies. 7 § 6. For the 2026-2027 school year, notwithstanding any inconsistent 8 provision of law, for purposes of section 3602-e of the education law, 9 for a city school district in a city having a population of one million 10 or more the maximum eligible three-year-old students shall equal 31,561 11 and the three-year-old maximum apportionment shall equal the product of 12 the maximum eligible three-year-old students multiplied by the quotient 13 of the amount set forth for such school district as "2025-26 3YO MAX UPK 14 AID" on the school aid computer listing produced by the commissioner in 15 support of the executive budget for the 2026-27 fiscal year and entitled 16 "BT262-7" divided by the amount set forth as "2025-26 3YO MAX FTE" on 17 such listing. 18 § 7. Section 3602-ee of the education law is REPEALED. 19 § 8. Paragraph i of subdivision 12 of section 3602 of the education 20 law, as amended by section 13 of part A of chapter 56 of the laws of 21 2025, is amended to read as follows: 22 i. For the two thousand twenty-one--two thousand twenty-two school 23 year through the two thousand [twenty-five] twenty-six--two thousand 24 [twenty-six] twenty-seven school year, each school district shall be 25 entitled to an apportionment equal to the amount set forth for such 26 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 27 ESTIMATED AIDS" in the school aid computer listing produced by the 28 commissioner in support of the budget for the two thousand twenty--two 29 thousand twenty-one school year and entitled "SA202-1", and such appor- 30 tionment shall be deemed to satisfy the state obligation to provide an 31 apportionment pursuant to subdivision eight of section thirty-six 32 hundred forty-one of this article. 33 § 9. The opening paragraph of subdivision 16 of section 3602 of the 34 education law, as amended by section 14 of part A of chapter 56 of the 35 laws of 2025, is amended to read as follows: 36 Each school district shall be eligible to receive a high tax aid 37 apportionment in the two thousand eight--two thousand nine school year, 38 which shall equal the greater of (i) the sum of the tier 1 high tax aid 39 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 40 tax aid apportionment or (ii) the product of the apportionment received 41 by the school district pursuant to this subdivision in the two thousand 42 seven--two thousand eight school year, multiplied by the due-minimum 43 factor, which shall equal, for districts with an alternate pupil wealth 44 ratio computed pursuant to paragraph b of subdivision three of this 45 section that is less than two, seventy percent (0.70), and for all other 46 districts, fifty percent (0.50). Each school district shall be eligible 47 to receive a high tax aid apportionment in the two thousand nine--two 48 thousand ten through two thousand twelve--two thousand thirteen school 49 years in the amount set forth for such school district as "HIGH TAX AID" 50 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 51 listing produced by the commissioner in support of the budget for the 52 two thousand nine--two thousand ten school year and entitled "SA0910". 53 Each school district shall be eligible to receive a high tax aid appor- 54 tionment in the two thousand thirteen--two thousand fourteen through two 55 thousand [twenty-five] twenty-six--two thousand [twenty-six] twenty-sev- 56 en school year equal to the greater of (1) the amount set forth for such 
 S. 9006 10 A. 10006 1 school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR 2 AIDS" in the school aid computer listing produced by the commissioner in 3 support of the budget for the two thousand nine--two thousand ten school 4 year and entitled "SA0910" or (2) the amount set forth for such school 5 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 6 the school aid computer listing produced by the commissioner in support 7 of the executive budget for the 2013-14 fiscal year and entitled 8 "BT131-4". 9 § 10. Section 34 of chapter 91 of the laws of 2002 amending the educa- 10 tion law and other laws relating to reorganization of the New York city 11 school construction authority, board of education and community boards, 12 as amended by section 6 of part ZZ of chapter 56 of the laws of 2024, is 13 amended to read as follows: 14 § 34. This act shall take effect July 1, 2002; provided, that sections 15 one through twenty, twenty-four, and twenty-six through thirty of this 16 act shall expire and be deemed repealed June 30, [2026] 2030 provided, 17 further that subdivision 5-a of section 2576 of the education law, as 18 added by section five of this act, shall not expire therewith, and 19 provided, further, that notwithstanding any provision of article 5 of 20 the general construction law, on June 30, [2026] 2030 the provisions of 21 subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, 22 paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of 23 section 2554 of the education law as repealed by section three of this 24 act, subdivision 1 of section 2590-b of the education law as repealed by 25 section six of this act, paragraph (a) of subdivision 2 of section 26 2590-b of the education law as repealed by section seven of this act, 27 section 2590-c of the education law as repealed by section eight of this 28 act, paragraph c of subdivision 2 of section 2590-d of the education law 29 as repealed by section twenty-six of this act, subdivision 1 of section 30 2590-e of the education law as repealed by section twenty-seven of this 31 act, subdivision 28 of section 2590-h of the education law as repealed 32 by section twenty-eight of this act, subdivision 30 of section 2590-h of 33 the education law as repealed by section twenty-nine of this act, subdi- 34 vision 30-a of section 2590-h of the education law as repealed by 35 section thirty of this act shall be revived and be read as such 36 provisions existed in law on the date immediately preceding the effec- 37 tive date of this act; provided, however, that sections seven and eight 38 of this act shall take effect on November 30, 2003; provided further 39 that the amendments to subdivision 25 of section 2554 of the education 40 law made by section two of this act shall be subject to the expiration 41 and reversion of such subdivision pursuant to section 12 of chapter 147 42 of the laws of 2001, as amended, when upon such date the provisions of 43 section four of this act shall take effect. 44 § 11. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 45 amending the education law and other laws relating to the New York city 46 board of education, chancellor, community councils, and community super- 47 intendents, as amended by section 7 of part ZZ of chapter 56 of the laws 48 of 2024, is amended to read as follows: 49 12. any provision in sections one, two, three, four, five, six, seven, 50 eight, nine, ten and eleven of this act not otherwise set to expire 51 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or 52 section 17 of chapter 123 of the laws of 2003, as amended, shall expire 53 and be deemed repealed June 30, [2026] 2030. 54 § 12. Paragraph a of subdivision 5 of section 3604 of the education 55 law, as amended by chapter 161 of the laws of 2005, is amended to read 56 as follows: 
 S. 9006 11 A. 10006 1 a. State aid adjustments. All errors or omissions in the apportionment 2 shall be corrected by the commissioner. Whenever a school district has 3 been apportioned less money than that to which it is entitled, the 4 commissioner may allot to such district the balance to which it is enti- 5 tled. Whenever a school district has been apportioned more money than 6 that to which it is entitled, the commissioner may, by an order, direct 7 such moneys to be paid back to the state to be credited to the general 8 fund local assistance account for state aid to the schools, or may 9 deduct such amount from the next apportionment to be made to said 10 district, provided, however, that, upon notification of excess payments 11 of aid for which a recovery must be made by the state through deduction 12 of future aid payments, a school district may request that such excess 13 payments be recovered by deducting such excess payments from the 14 payments due to such school district and payable in the month of June in 15 (i) the school year in which such notification was received and (ii) the 16 two succeeding school years, provided further that there shall be no 17 interest penalty assessed against such district or collected by the 18 state. Such request shall be made to the commissioner in such form as 19 the commissioner shall prescribe, and shall be based on documentation 20 that the total amount to be recovered is in excess of one percent of the 21 district's total general fund expenditures for the preceding school 22 year. The amount to be deducted in the first year shall be the greater 23 of (i) the sum of the amount of such excess payments that is recognized 24 as a liability due to other governments by the district for the preced- 25 ing school year and the positive remainder of the district's unreserved 26 fund balance at the close of the preceding school year less the product 27 of the district's total general fund expenditures for the preceding 28 school year multiplied by five percent, or (ii) one-third of such excess 29 payments. The amount to be recovered in the second year shall equal the 30 lesser of the remaining amount of such excess payments to be recovered 31 or one-third of such excess payments, and the remaining amount of such 32 excess payments shall be recovered in the third year. Provided further 33 that, notwithstanding any other provisions of this subdivision, any 34 pending payment of moneys due to such district as a prior year adjust- 35 ment payable pursuant to paragraph c of this subdivision for aid claims 36 that had been previously paid as current year aid payments in excess of 37 the amount to which the district is entitled and for which recovery of 38 excess payments is to be made pursuant to this paragraph, shall be 39 reduced at the time of actual payment by any remaining unrecovered 40 balance of such excess payments, and the remaining scheduled deductions 41 of such excess payments pursuant to this paragraph shall be reduced by 42 the commissioner to reflect the amount so recovered. [The commissioner 43 shall certify no payment to a school district based on a claim submitted 44 later than three years after the close of the school year in which such 45 payment was first to be made. For claims for which payment is first to 46 be made in the nineteen hundred ninety-six--ninety-seven school year, 47 the commissioner shall certify no payment to a school district based on 48 a claim submitted later than two years after the close of such school 49 year.] For claims for which payment is first to be made [in the nineteen 50 hundred ninety-seven--ninety-eight school year and thereafter] prior to 51 the two thousand twenty-five--two thousand twenty-six school year, the 52 commissioner shall certify no payment to a school district based on a 53 claim submitted later than one year after the close of such school year. 54 For claims for which payment is first to be made in the two thousand 55 twenty-five--two thousand twenty-six school year and thereafter, the 56 commissioner shall certify no payment to a school district based on a 
 S. 9006 12 A. 10006 1 claim submitted later than the first of November of such school year. 2 Provided, however, no payments shall be barred or reduced where such 3 payment is required as a result of a final audit of the state. It is 4 further provided that[, until June thirtieth, nineteen hundred ninety- 5 six, the commissioner may grant a waiver from the provisions of this 6 section for any school district if it is in the best educational inter- 7 ests of the district pursuant to guidelines developed by the commission- 8 er and approved by the director of the budget] for any apportionments 9 provided pursuant to sections seven hundred one, seven hundred eleven, 10 seven hundred fifty-one, seven hundred fifty-three, nineteen hundred 11 fifty, thirty-six hundred two, thirty-six hundred two-b, thirty-six 12 hundred two-c and forty-four hundred five of this chapter for the two 13 thousand twenty-five--two thousand twenty-six and two thousand twenty- 14 six--two thousand twenty-seven school years, the commissioner shall 15 certify no payment to a school district, other than payments pursuant to 16 subdivisions six-a, eleven, thirteen and fifteen of section thirty-six 17 hundred two of this part, in excess of the payment computed based on an 18 electronic data file used to produce the school aid computer listing 19 produced by the commissioner in support of the executive budget request 20 submitted for the two thousand twenty-six--two thousand twenty-seven 21 state fiscal year and entitled "BT262-7", and further provided that for 22 any apportionments provided pursuant to sections seven hundred one, 23 seven hundred eleven, seven hundred fifty-one, seven hundred fifty- 24 three, nineteen hundred fifty, thirty-six hundred two, thirty-six 25 hundred two-b, thirty-six hundred two-c and forty-four hundred five of 26 this chapter for the two thousand twenty-seven--two thousand twenty- 27 eight school year and thereafter, the commissioner shall certify no 28 payment to a school district, other than payments pursuant to subdivi- 29 sions six-a, eleven, thirteen and fifteen of section thirty-six hundred 30 two of this part, in excess of the payment computed based on an elec- 31 tronic data file used to produce the school aid computer listing 32 produced by the commissioner in support of the executive budget request 33 submitted for the state fiscal year in which the school year commences. 34 § 13. The opening paragraph of section 3609-a of the education law, as 35 amended by section 17 of part A of chapter 56 of the laws of 2025, is 36 amended to read as follows: 37 For aid payable in the two thousand seven--two thousand eight school 38 year through the two thousand twenty-five--two thousand twenty-six 39 school year, "moneys apportioned" shall mean the lesser of (i) the sum 40 of one hundred percent of the respective amount set forth for each 41 school district as payable pursuant to this section in the school aid 42 computer listing for the current year produced by the commissioner in 43 support of the budget which includes the appropriation for the general 44 support for public schools for the prescribed payments and individual- 45 ized payments due prior to April first for the current year plus the 46 apportionment payable during the current school year pursuant to subdi- 47 vision six-a and subdivision fifteen of section thirty-six hundred two 48 of this part minus any reductions to current year aids pursuant to 49 subdivision seven of section thirty-six hundred four of this part or any 50 deduction from apportionment payable pursuant to this chapter for 51 collection of a school district basic contribution as defined in subdi- 52 vision eight of section forty-four hundred one of this chapter, less any 53 grants provided pursuant to subparagraph two-a of paragraph b of subdi- 54 vision four of section ninety-two-c of the state finance law, less any 55 grants provided pursuant to subdivision five of section ninety-seven- 56 nnnn of the state finance law, less any grants provided pursuant to 
 S. 9006 13 A. 10006 1 subdivision twelve of section thirty-six hundred forty-one of this arti- 2 cle, or (ii) the apportionment calculated by the commissioner based on 3 data on file at the time the payment is processed; provided however, 4 that for the purposes of any payments made pursuant to this section 5 prior to the first business day of June of the current year, moneys 6 apportioned shall not include any aids payable pursuant to subdivisions 7 six and fourteen, if applicable, of section thirty-six hundred two of 8 this part as current year aid for debt service on bond anticipation 9 notes and/or bonds first issued in the current year or any aids payable 10 for full-day kindergarten for the current year pursuant to subdivision 11 nine of section thirty-six hundred two of this part. The definitions of 12 "base year" and "current year" as set forth in subdivision one of 13 section thirty-six hundred two of this part shall apply to this section. 14 [For aid payable in the two thousand twenty-five--two thousand twenty- 15 six school year, reference to such "school aid computer listing for the 16 current year" shall mean the printouts entitled "SA252-6".] For aid 17 payable in the two thousand twenty-six--two thousand twenty-seven school 18 year and thereafter, "moneys apportioned" shall mean the lesser of: (i) 19 the sum of one hundred percent of the respective amount set forth for 20 each school district as payable pursuant to this section in the school 21 aid computer listing for the current year produced by the commissioner 22 in support of the executive budget request which includes the appropri- 23 ation for the general support for public schools for the prescribed 24 payments and individualized payments due prior to April first for the 25 current year plus the apportionment payable during the current school 26 year pursuant to subdivisions six-a and fifteen of section thirty-six 27 hundred two of this part minus any reductions to current year aids 28 pursuant to subdivision seven of section thirty-six hundred four of this 29 part or any deduction from apportionment payable pursuant to this chap- 30 ter for collection of a school district basic contribution as defined in 31 subdivision eight of section forty-four hundred one of this chapter, 32 less any grants provided pursuant to subparagraph two-a of paragraph b 33 of subdivision four of section ninety-two-c of the state finance law, 34 less any grants provided pursuant to subdivision five of section nine- 35 ty-seven-nnnn of the state finance law, less any grants provided pursu- 36 ant to subdivision twelve of section thirty-six hundred forty-one of 37 this article, or (ii) the apportionment calculated by the commissioner 38 based on data on file at the time the payment is processed; provided 39 however, that for the purposes of any payments made pursuant to this 40 section prior to the first business day of June of the current year, 41 moneys apportioned shall not include any aids payable pursuant to subdi- 42 visions six and fourteen, if applicable, of section thirty-six hundred 43 two of this part as current year aid for debt service on bond antic- 44 ipation notes and/or bonds first issued in the current year or any aids 45 payable for full-day kindergarten for the current year pursuant to 46 subdivision nine of section thirty-six hundred two of this part. For aid 47 payable in the two thousand twenty-six--two thousand twenty-seven school 48 year, reference to such "school aid computer listing for the current 49 year" shall mean the printouts entitled "BT262-7". 50 § 14. Subdivision b of section 2 of chapter 756 of the laws of 1992 51 relating to funding a program for work force education conducted by the 52 consortium for worker education in New York city, as amended by section 53 18 of part A of chapter 56 of the laws of 2025, is amended to read as 54 follows: 55 b. Reimbursement for programs approved in accordance with subdivision 56 a of this section for the reimbursement for the 2018--2019 school year 
 S. 9006 14 A. 10006 1 shall not exceed 59.4 percent of the lesser of such approvable costs per 2 contact hour or fourteen dollars and ninety-five cents per contact hour, 3 reimbursement for the 2019--2020 school year shall not exceed 57.7 4 percent of the lesser of such approvable costs per contact hour or 5 fifteen dollars sixty cents per contact hour, reimbursement for the 6 2020--2021 school year shall not exceed 56.9 percent of the lesser of 7 such approvable costs per contact hour or sixteen dollars and twenty- 8 five cents per contact hour, reimbursement for the 2021--2022 school 9 year shall not exceed 56.0 percent of the lesser of such approvable 10 costs per contact hour or sixteen dollars and forty cents per contact 11 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 12 percent of the lesser of such approvable costs per contact hour or 13 sixteen dollars and sixty cents per contact hour, reimbursement for the 14 2023--2024 school year shall not exceed 54.7 percent of the lesser of 15 such approvable costs per contact hour or seventeen dollars and seventy 16 cents per contact hour, reimbursement for the 2024--2025 school year 17 shall not exceed 56.6 percent of the lesser of such approvable costs per 18 contact hour or eighteen dollars and seventy cents per contact hour, 19 [and] reimbursement for the 2025--2026 school year shall not exceed 58.2 20 percent of the lesser of such approvable costs per contact hour or nine- 21 teen dollars and fifty-five cents per contact hour, and reimbursement 22 for the 2026--2027 school year shall not exceed 59.3 percent of the 23 lesser of such approvable costs per contact hour or twenty-one dollars 24 and thirty cents per contact hour, and where a contact hour represents 25 sixty minutes of instruction services provided to an eligible adult. 26 Notwithstanding any other provision of law to the contrary, for the 27 2018--2019 school year such contact hours shall not exceed one million 28 four hundred sixty-three thousand nine hundred sixty-three (1,463,963); 29 for the 2019--2020 school year such contact hours shall not exceed one 30 million four hundred forty-four thousand four hundred forty-four 31 (1,444,444); for the 2020--2021 school year such contact hours shall not 32 exceed one million four hundred six thousand nine hundred twenty-six 33 (1,406,926); for the 2021--2022 school year such contact hours shall not 34 exceed one million four hundred sixteen thousand one hundred twenty-two 35 (1,416,122); for the 2022--2023 school year such contact hours shall not 36 exceed one million four hundred six thousand nine hundred twenty-six 37 (1,406,926); for the 2023--2024 school year such contact hours shall not 38 exceed one million three hundred forty-two thousand nine hundred seven- 39 ty-five (1,342,975); for the 2024--2025 school year such contact hours 40 shall not exceed one million two hundred twenty-eight thousand seven 41 hundred thirty-three (1,228,733); [and] for the 2025--2026 school year 42 such contact hours shall not exceed one million one hundred forty-three 43 thousand three hundred fifty-nine (1,143,359); and for the 2026--2027 44 school year such contact hours shall not exceed nine hundred ten thou- 45 sand five hundred thirty (910,530). Notwithstanding any other provision 46 of law to the contrary, the apportionment calculated for the city school 47 district of the city of New York pursuant to subdivision 11 of section 48 3602 of the education law shall be computed as if such contact hours 49 provided by the consortium for worker education, not to exceed the 50 contact hours set forth herein, were eligible for aid in accordance with 51 the provisions of such subdivision 11 of section 3602 of the education 52 law. 53 § 15. Section 4 of chapter 756 of the laws of 1992 relating to funding 54 a program for work force education conducted by the consortium for work- 55 er education in New York city is amended by adding a new subdivision ee 56 to read as follows: 
 S. 9006 15 A. 10006 1 ee. The provisions of this subdivision shall not apply after the 2 completion of payments for the 2026--2027 school year. Notwithstanding 3 any inconsistent provisions of law, the commissioner of education shall 4 withhold a portion of employment preparation education aid due to the 5 city school district of the city of New York to support a portion of the 6 costs of the work force education program. Such moneys shall be credited 7 to the elementary and secondary education fund-local assistance account 8 and shall not exceed eleven million five hundred thousand dollars 9 ($11,500,000). 10 § 16. Section 6 of chapter 756 of the laws of 1992 relating to funding 11 a program for work force education conducted by the consortium for work- 12 er education in New York city, as amended by section 20 of part A of 13 chapter 56 of the laws of 2025, is amended to read as follows: 14 § 6. This act shall take effect July 1, 1992, and shall be deemed 15 repealed June 30, [2026] 2027. 16 § 17. Paragraph a of subdivision 14 of section 3641 of the education 17 law, as added by section 2 of part I of chapter 61 of the laws of 2006, 18 is amended to read as follows: 19 a. Establishment of the EXCEL program. There is hereby established the 20 expanding our children's education and learning (EXCEL) program to 21 provide project financing or assistance in the form of grants to eligi- 22 ble school districts, in addition to, or in lieu of, the apportionments 23 made pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e, 24 six-f and paragraph c of subdivision fourteen of section thirty-six 25 hundred two of this article, and subdivisions ten and twelve of this 26 section, for the costs of EXCEL school facility projects. An apportion- 27 ment for any such project shall initially be available in the state 28 fiscal year commencing April first, two thousand six. Such apportion- 29 ment shall be used to fund projects certified by the commissioner in 30 accordance with subdivision six of section sixteen hundred eighty-nine-i 31 of the public authorities law prior to December thirty-first, two thou- 32 sand twenty-eight. Notwithstanding any provision of law to the contrary, 33 the dormitory authority of the state of New York shall be authorized to 34 issue bonds or notes in an aggregate amount not to exceed two billion 35 six hundred million dollars for purposes of the EXCEL program. 36 § 18. Subparagraph 1 of paragraph b of subdivision 14 of section 3641 37 of the education law, as added by section 2 of part I of chapter 61 of 38 the laws of 2006, is amended to read as follows: 39 (1) "EXCEL project". An EXCEL project shall be certified by the 40 commissioner prior to December thirty-first, two thousand twenty-eight 41 and shall include, but not be limited to, the acquisition, design, plan- 42 ning, construction, reconstruction, rehabilitation, preservation, devel- 43 opment, improvement or modernization of an EXCEL school facility, where 44 such project: 45 § 19. Section 5 of part I of chapter 61 of the laws of 2006 amending 46 the education law and the public authorities law relating to expanding 47 our children's education and learning is amended to read as follows: 48 § 5. This act shall take effect on the same date as a chapter of the 49 laws of 2006 enacting into law major components of legislation which are 50 necessary to implement the education, labor, and budget for the 51 2006-2007 state fiscal year, family assistance budget for the 2006-2007 52 state fiscal year, as proposed in legislative bill numbers S.6458-C and 53 A.9558-B, takes effect; provided, however, that sections two, three, and 54 four of this act shall expire and be deemed repealed on December 31, 55 2029. 
 S. 9006 16 A. 10006 1 § 20. Subdivision 6 of section 4402 of the education law, as amended 2 by section 21 of part A of chapter 56 of the laws of 2025, is amended to 3 read as follows: 4 6. Notwithstanding any other law, rule or regulation to the contrary, 5 the board of education of a city school district with a population of 6 one hundred twenty-five thousand or more inhabitants shall be permitted 7 to establish maximum class sizes for special classes for certain 8 students with disabilities in accordance with the provisions of this 9 subdivision. For the purpose of obtaining relief from any adverse fiscal 10 impact from under-utilization of special education resources due to low 11 student attendance in special education classes at the middle and 12 secondary level as determined by the commissioner, such boards of educa- 13 tion shall, during the school years nineteen hundred ninety-five--nine- 14 ty-six through June thirtieth, two thousand [twenty-six] twenty-seven, 15 be authorized to increase class sizes in special classes containing 16 students with disabilities whose age ranges are equivalent to those of 17 students in middle and secondary schools as defined by the commissioner 18 for purposes of this section by up to but not to exceed one and two 19 tenths times the applicable maximum class size specified in regulations 20 of the commissioner rounded up to the nearest whole number, provided 21 that in a city school district having a population of one million or 22 more, classes that have a maximum class size of fifteen may be increased 23 by no more than one student and provided that the projected average 24 class size shall not exceed the maximum specified in the applicable 25 regulation, provided that such authorization shall terminate on June 26 thirtieth, two thousand. Such authorization shall be granted upon filing 27 of a notice by such a board of education with the commissioner stating 28 the board's intention to increase such class sizes and a certification 29 that the board will conduct a study of attendance problems at the 30 secondary level and will implement a corrective action plan to increase 31 the rate of attendance of students in such classes to at least the rate 32 for students attending regular education classes in secondary schools of 33 the district. Such corrective action plan shall be submitted for 34 approval by the commissioner by a date during the school year in which 35 such board increases class sizes as provided pursuant to this subdivi- 36 sion to be prescribed by the commissioner. Upon at least thirty days 37 notice to the board of education, after conclusion of the school year in 38 which such board increases class sizes as provided pursuant to this 39 subdivision, the commissioner shall be authorized to terminate such 40 authorization upon a finding that the board has failed to develop or 41 implement an approved corrective action plan. 42 § 21. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 43 of 1995 amending the education law and other laws relating to state aid 44 to school districts and the appropriation of funds for the support of 45 government, as amended by section 22 of part A of chapter 56 of the laws 46 of 2025, are amended to read as follows: 47 (22) sections one hundred twelve, one hundred thirteen, one hundred 48 fourteen, one hundred fifteen and one hundred sixteen of this act shall 49 take effect on July 1, 1995; provided, however, that section one hundred 50 thirteen of this act shall remain in full force and effect until July 1, 51 [2026] 2027 at which time it shall be deemed repealed; 52 (24) sections one hundred eighteen through one hundred thirty of this 53 act shall be deemed to have been in full force and effect on and after 54 July 1, 1995; provided further, however, that the amendments made pursu- 55 ant to section one hundred twenty-four of this act shall be deemed to be 56 repealed on and after July 1, [2026] 2027; 
 S. 9006 17 A. 10006 1 § 22. Special apportionment for salary expenses. 1. Notwithstanding 2 any other provision of law, upon application to the commissioner of 3 education, not sooner than the first day of the second full business 4 week of June 2027 and not later than the last day of the third full 5 business week of June 2027, a school district eligible for an apportion- 6 ment pursuant to section 3602 of the education law shall be eligible to 7 receive an apportionment pursuant to this section, for the school year 8 ending June 30, 2027, for salary expenses incurred between April 1 and 9 June 30, 2026 and such apportionment shall not exceed the sum of (a) the 10 deficit reduction assessment of 1990--1991 as determined by the commis- 11 sioner of education, pursuant to paragraph f of subdivision 1 of section 12 3602 of the education law, as in effect through June 30, 1993, plus (b) 13 186 percent of such amount for a city school district in a city with a 14 population in excess of 1,000,000 inhabitants, plus (c) 209 percent of 15 such amount for a city school district in a city with a population of 16 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 17 ing to the latest federal census, plus (d) the net gap elimination 18 adjustment for 2010--2011, as determined by the commissioner of educa- 19 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- 20 nation adjustment for 2011--2012 as determined by the commissioner of 21 education pursuant to subdivision 17 of section 3602 of the education 22 law, and provided further that such apportionment shall not exceed such 23 salary expenses. Such application shall be made by a school district, 24 after the board of education or trustees have adopted a resolution to do 25 so and in the case of a city school district in a city with a population 26 in excess of 125,000 inhabitants, with the approval of the mayor of such 27 city. 28 2. The claim for an apportionment to be paid to a school district 29 pursuant to subdivision 1 of this section shall be submitted to the 30 commissioner of education on a form prescribed for such purpose, and 31 shall be payable upon determination by such commissioner that the form 32 has been submitted as prescribed. Such approved amounts shall be payable 33 on the same day in September of the school year following the year in 34 which application was made as funds provided pursuant to subparagraph 4 35 of paragraph b of subdivision 4 of section 92-c of the state finance 36 law, on the audit and warrant of the state comptroller on vouchers 37 certified or approved by the commissioner of education in the manner 38 prescribed by law from moneys in the state lottery fund and from the 39 general fund to the extent that the amount paid to a school district 40 pursuant to this section exceeds the amount, if any, due such school 41 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 42 section 3609-a of the education law in the school year following the 43 year in which application was made. 44 3. Notwithstanding the provisions of section 3609-a of the education 45 law, an amount equal to the amount paid to a school district pursuant to 46 subdivisions 1 and 2 of this section shall first be deducted from the 47 following payments due the school district during the school year 48 following the year in which application was made pursuant to subpara- 49 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 50 3609-a of the education law in the following order: the lottery appor- 51 tionment payable pursuant to subparagraph 2 of such paragraph followed 52 by the fixed fall payments payable pursuant to subparagraph 4 of such 53 paragraph and then followed by the district's payments to the teachers' 54 retirement system pursuant to subparagraph 1 of such paragraph, and any 55 remainder to be deducted from the individualized payments due the 56 district pursuant to paragraph b of such subdivision shall be deducted 
 S. 9006 18 A. 10006 1 on a chronological basis starting with the earliest payment due the 2 district. 3 § 23. Special apportionment for public pension accruals. 1. Notwith- 4 standing any other provision of law, upon application to the commission- 5 er of education, not later than June 30, 2027, a school district eligi- 6 ble for an apportionment pursuant to section 3602 of the education law 7 shall be eligible to receive an apportionment pursuant to this section, 8 for the school year ending June 30, 2027 and such apportionment shall 9 not exceed the additional accruals required to be made by school 10 districts in the 2004--2005 and 2005--2006 school years associated with 11 changes for such public pension liabilities. The amount of such addi- 12 tional accrual shall be certified to the commissioner of education by 13 the president of the board of education or the trustees or, in the case 14 of a city school district in a city with a population in excess of 15 125,000 inhabitants, the mayor of such city. Such application shall be 16 made by a school district, after the board of education or trustees have 17 adopted a resolution to do so and in the case of a city school district 18 in a city with a population in excess of 125,000 inhabitants, with the 19 approval of the mayor of such city. 20 2. The claim for an apportionment to be paid to a school district 21 pursuant to subdivision one of this section shall be submitted to the 22 commissioner of education on a form prescribed for such purpose, and 23 shall be payable upon determination by such commissioner that the form 24 has been submitted as prescribed. Such approved amounts shall be payable 25 on the same day in September of the school year following the year in 26 which application was made as funds provided pursuant to subparagraph 4 27 of paragraph b of subdivision 4 of section 92-c of the state finance 28 law, on the audit and warrant of the state comptroller on vouchers 29 certified or approved by the commissioner of education in the manner 30 prescribed by law from moneys in the state lottery fund and from the 31 general fund to the extent that the amount paid to a school district 32 pursuant to this section exceeds the amount, if any, due such school 33 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 34 section 3609-a of the education law in the school year following the 35 year in which application was made. 36 3. Notwithstanding the provisions of section 3609-a of the education 37 law, an amount equal to the amount paid to a school district pursuant to 38 subdivisions 1 and 2 of this section shall first be deducted from the 39 following payments due the school district during the school year 40 following the year in which application was made pursuant to subpara- 41 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 42 3609-a of the education law in the following order: the lottery appor- 43 tionment payable pursuant to subparagraph 2 of such paragraph followed 44 by the fixed fall payments payable pursuant to subparagraph 4 of such 45 paragraph and then followed by the district's payments to the teachers' 46 retirement system pursuant to subparagraph 1 of such paragraph, and any 47 remainder to be deducted from the individualized payments due the 48 district pursuant to paragraph b of such subdivision shall be deducted 49 on a chronological basis starting with the earliest payment due the 50 district. 51 § 24. The amounts specified in this section shall be a set-aside from 52 the state funds which each such district is receiving from the total 53 foundation aid: 54 1. for the development, maintenance or expansion of magnet schools or 55 magnet school programs for the 2026--2027 school year. For the city 56 school district of the city of New York there shall be a set-aside of 
 S. 9006 19 A. 10006 1 foundation aid equal to forty-eight million one hundred seventy-five 2 thousand dollars ($48,175,000) including five hundred thousand dollars 3 ($500,000) for the Andrew Jackson High School; for the Buffalo city 4 school district, twenty-one million twenty-five thousand dollars 5 ($21,025,000); for the Rochester city school district, fifteen million 6 dollars ($15,000,000); for the Syracuse city school district, thirteen 7 million dollars ($13,000,000); for the Yonkers city school district, 8 forty-nine million five hundred thousand dollars ($49,500,000); for the 9 Newburgh city school district, four million six hundred forty-five thou- 10 sand dollars ($4,645,000); for the Poughkeepsie city school district, 11 two million four hundred seventy-five thousand dollars ($2,475,000); for 12 the Mount Vernon city school district, two million dollars ($2,000,000); 13 for the New Rochelle city school district, one million four hundred ten 14 thousand dollars ($1,410,000); for the Schenectady city school district, 15 one million eight hundred thousand dollars ($1,800,000); for the Port 16 Chester city school district, one million one hundred fifty thousand 17 dollars ($1,150,000); for the White Plains city school district, nine 18 hundred thousand dollars ($900,000); for the Niagara Falls city school 19 district, six hundred thousand dollars ($600,000); for the Albany city 20 school district, three million five hundred fifty thousand dollars 21 ($3,550,000); for the Utica city school district, two million dollars 22 ($2,000,000); for the Beacon city school district, five hundred sixty- 23 six thousand dollars ($566,000); for the Middletown city school 24 district, four hundred thousand dollars ($400,000); for the Freeport 25 union free school district, four hundred thousand dollars ($400,000); 26 for the Greenburgh central school district, three hundred thousand 27 dollars ($300,000); for the Amsterdam city school district, eight 28 hundred thousand dollars ($800,000); for the Peekskill city school 29 district, two hundred thousand dollars ($200,000); and for the Hudson 30 city school district, four hundred thousand dollars ($400,000). 31 2. Notwithstanding any inconsistent provision of law to the contrary, 32 a school district setting aside such foundation aid pursuant to this 33 section may use such set-aside funds for: (a) any instructional or 34 instructional support costs associated with the operation of a magnet 35 school; or (b) any instructional or instructional support costs associ- 36 ated with implementation of an alternative approach to promote diversity 37 and/or enhancement of the instructional program and raising of standards 38 in elementary and secondary schools of school districts having substan- 39 tial concentrations of minority students. 40 3. The commissioner of education shall not be authorized to withhold 41 foundation aid from a school district that used such funds in accordance 42 with this paragraph, notwithstanding any inconsistency with a request 43 for proposals issued by such commissioner for the purpose of attendance 44 improvement and dropout prevention for the 2026--2027 school year, and 45 for any city school district in a city having a population of more than 46 one million, the set-aside for attendance improvement and dropout 47 prevention shall equal the amount set aside in the base year. For the 48 2026--2027 school year, it is further provided that any city school 49 district in a city having a population of more than one million shall 50 allocate at least one-third of any increase from base year levels in 51 funds set aside pursuant to the requirements of this section to communi- 52 ty-based organizations. Any increase required pursuant to this section 53 to community-based organizations must be in addition to allocations 54 provided to community-based organizations in the base year. 55 4. For the purpose of teacher support for the 2026--2027 school year: 56 for the city school district of the city of New York, sixty-two million 
 S. 9006 20 A. 10006 1 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 2 school district, one million seven hundred forty-one thousand dollars 3 ($1,741,000); for the Rochester city school district, one million seven- 4 ty-six thousand dollars ($1,076,000); for the Yonkers city school 5 district, one million one hundred forty-seven thousand dollars 6 ($1,147,000); and for the Syracuse city school district, eight hundred 7 nine thousand dollars ($809,000). All funds made available to a school 8 district pursuant to this section shall be distributed among teachers 9 including prekindergarten teachers and teachers of adult vocational and 10 academic subjects in accordance with this section and shall be in addi- 11 tion to salaries heretofore or hereafter negotiated or made available; 12 provided, however, that all funds distributed pursuant to this section 13 for the current year shall be deemed to incorporate all funds distrib- 14 uted pursuant to former subdivision 27 of section 3602 of the education 15 law for prior years. In school districts where the teachers are repres- 16 ented by certified or recognized employee organizations, all salary 17 increases funded pursuant to this section shall be determined by sepa- 18 rate collective negotiations conducted pursuant to the provisions and 19 procedures of article 14 of the civil service law, notwithstanding the 20 existence of a negotiated agreement between a school district and a 21 certified or recognized employee organization. 22 § 25. Support of public libraries. The moneys appropriated for the 23 support of public libraries by a chapter of the laws of 2026 enacting 24 the aid to localities budget shall be apportioned for the 2026--2027 25 state fiscal year in accordance with the provisions of sections 271, 26 272, 273, 282, 284, and 285 of the education law as amended by the 27 provisions of such chapter and the provisions of this section, provided 28 that library construction aid pursuant to section 273-a of the education 29 law shall not be payable from the appropriations for the support of 30 public libraries and provided further that no library, library system or 31 program, as defined by the commissioner of education, shall receive less 32 total system or program aid than it received for the year 2001--2002 33 except as a result of a reduction adjustment necessary to conform to the 34 appropriations for support of public libraries. 35 Notwithstanding any other provision of law to the contrary, the moneys 36 appropriated for the support of public libraries for the year 2026--2027 37 by a chapter of the laws of 2026 enacting the aid to localities budget 38 shall fulfill the state's obligation to provide such aid and, pursuant 39 to a plan developed by the commissioner of education and approved by the 40 director of the budget, the aid payable to libraries and library systems 41 pursuant to such appropriations shall be reduced proportionately to 42 assure that the total amount of aid payable does not exceed the total 43 appropriations for such purpose. 44 § 26. Severability. The provisions of this act shall be severable, and 45 if the application of any clause, sentence, paragraph, subdivision, 46 section or part of this act to any person or circumstance shall be 47 adjudged by any court of competent jurisdiction to be invalid, such 48 judgment shall not necessarily affect, impair or invalidate the applica- 49 tion of any such clause, sentence, paragraph, subdivision, section, or 50 part of this act or remainder thereof, as the case may be, to any other 51 person or circumstance, but shall be confined in its operation to the 52 clause, sentence, paragraph, subdivision, section or part thereof 53 directly involved in the controversy in which such judgment shall have 54 been rendered. 
 S. 9006 21 A. 10006 1 § 27. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2026; provided, 3 however, that: 4 1. Sections one, two, four, five, six, seven, eight, nine, thirteen, 5 twenty and twenty-four of this act shall take effect July 1, 2026; 6 2. The amendments to chapter 756 of the laws of 1992 made by sections 7 fourteen and fifteen of this act shall not affect the repeal of such 8 chapter and shall be deemed repealed therewith; 9 3. The amendments to subdivision 14 of section 3641 of the education 10 law made by sections seventeen and eighteen of this act shall not affect 11 the expiration of such subdivision and shall be deemed to expire there- 12 with. 13 PART B 14 Section 1. The education law is amended by adding a new section 819 to 15 read as follows: 16 § 819. Evidence-based mathematics instruction. 1. (a) On or before 17 January first, two thousand twenty-seven, the commissioner shall provide 18 school districts with instructional best practices for numeracy, as 19 defined by the commissioner, and the teaching of mathematics to students 20 in kindergarten through grade five. Instructional best practices for 21 numeracy and the teaching of mathematics shall be evidence-based. Such 22 instructional best practices shall be periodically updated by the 23 commissioner. 24 (b) Every school district shall annually review their curriculum and 25 instructional practices in the subject of mathematics for students in 26 kindergarten through grade five to ensure that they align with the math- 27 ematics instructional best practices provided by the commissioner, and 28 that all early mathematics instructional practices and interventions are 29 part of an aligned plan designed to improve student mathematics outcomes 30 in kindergarten through grade five. 31 2. On or before September first, two thousand twenty-seven, each 32 school district shall verify to the commissioner that its curriculum and 33 instructional practices in the subject of mathematics in kindergarten 34 through grade five align with all of the elements of the instructional 35 best practices provided by the commissioner pursuant to this section. 36 § 2. This act shall take effect immediately. 37 PART C 38 Section 1. Paragraph (e) of subdivision 1 of section 6311 of the 39 education law, as added by section 1 of part F of chapter 56 of the laws 40 of 2025, is amended to read as follows: 41 (e) has not already obtained any postsecondary degree, provided that 42 nothing in this paragraph shall be construed to prohibit the eligibility 43 of a student who is already enrolled in an eligible associate degree 44 program on the effective date of this section and who meets all the 45 other eligibility requirements of this subdivision, and provided further 46 that nothing in this paragraph shall be construed to prohibit the eligi- 47 bility of a student who, though having previously obtained a postsecon- 48 dary degree, is enrolled in an approved program leading to an associ- 49 ate's degree in nursing. 50 § 2. This act shall take effect immediately. 51 PART D 
 S. 9006 22 A. 10006 1 Section 1. Subdivisions 3 and 4 of section 6305 of the education law, 2 subdivision 3 as amended by chapter 542 of the laws of 2022 and subdivi- 3 sion 4 as amended by section 2 of part V of chapter 57 of the laws of 4 2013, are amended and a new subdivision 4-a is added to read as follows: 5 3. The chief fiscal officer of each county, as defined in section 2.00 6 of the local finance law, shall, upon application and submission to such 7 chief fiscal officer of satisfactory evidence in-person or electron- 8 ically, issue to any person desiring to enroll in a community college as 9 a non-resident student, a certificate of residence form showing that 10 said person is a resident of said county. No such chief fiscal officer 11 shall require a person desiring to enroll in a community college as a 12 non-resident student to disclose or furnish his or her social security 13 number. If the chief fiscal officer of a county refuses to issue such a 14 certificate on the ground that the person applying therefor is not a 15 resident of such county, or that such person is not subject to rules or 16 regulations promulgated under subdivision four-a of this section, the 17 person applying may appeal, in writing, electronically or by mail, to 18 the chancellor of the state university. The chancellor of the state 19 university, or such officers or employees thereof as shall be designated 20 by the chancellor in a manner authorized by the state university trus- 21 tees, shall make a determination after a hearing, upon ten days' notice 22 to such chief fiscal officer of the county, and such determination shall 23 be final and binding on the county. Such person shall, upon registration 24 for each college year, file with the college such a certificate of resi- 25 dence form issued not earlier than two months prior thereto, and such 26 certificate of residence form shall be valid for a period of one year 27 from the date of issuance. The state university trustees shall be 28 authorized to promulgate regulations to effectuate the provisions of 29 this subdivision. 30 4. If, pursuant to subdivision two of this section, a community 31 college elects to charge to and collect an allocable portion of the 32 operating costs and a further sum on account of capital costs of such 33 college from each county which has issued a certificate form or certif- 34 icates of residence forms pursuant to subdivision three of this section, 35 on the basis of which non-resident students are attending such community 36 college, the president of such community college shall, within forty- 37 five days after the commencement of each college term or program, or as 38 otherwise provided by rules or regulations promulgated pursuant to 39 subdivision four-a of this section, submit to the chief fiscal officer 40 of each county a list of non-resident students attending such college on 41 the basis of such certificates of residence form and a voucher for the 42 amount payable by each county for these students. Such list and voucher 43 shall be determined on the basis of non-resident students enrolled in 44 the program as of the end (or last day) of the third week of the 45 commencement for a program scheduled for one semester, the end of the 46 second for a program scheduled for an academic quarter and the end of 47 the first week for any program scheduled to be completed in thirty days 48 or less. The chancellor of the state university, or such officers or 49 employees thereof as shall be designated by the chancellor in the manner 50 authorized by the state university trustees, shall notify the chief 51 fiscal officers of each county of the approved annual operating and 52 capital charge-back rate for each community college. The amount billed 53 to the chief fiscal officer of each county by the president of such 54 community college as a charge for the allocable portion of the operating 55 costs and a further sum on account of capital costs of such college for 56 non-resident students shall be paid to the chief fiscal officer of such 
 S. 9006 23 A. 10006 1 college by the billed county no later than sixty days after the county 2 receives said billing. 3 4-a. Notwithstanding any provision of law, rule, or regulation to the 4 contrary, the state university trustees are authorized and directed to 5 promulgate rules or regulations setting forth: (a) a schedule of late 6 fees and exceptions thereof for a student submitting a certificate of 7 residence form after the deadline otherwise prescribed by subdivision 8 four of this section for such submission, but within the relevant semes- 9 ter or term; and (b) a reconciliation process for valid forms received 10 after the list of non-resident students was sent to a county pursuant to 11 subdivision four of this section. 12 § 2. This act shall take effect immediately. 13 PART E 14 Section 1. Subparagraph 4-a-1 of paragraph h of subdivision 2 of 15 section 355 of the education law, as added by section 1 of part B of 16 chapter 56 of the laws of 2023, is amended to read as follows: 17 (4-a-1) Notwithstanding any law, rule, regulation or practice to the 18 contrary and following the review and approval of the chancellor of the 19 state university or [his or her] such chancellor's designee, the board 20 of trustees may annually impose differential tuition rates on non-resi- 21 dent undergraduate and graduate rates of tuition for state-operated 22 institutions [for a three year period] commencing with the two thousand 23 twenty-three--two thousand twenty-four academic year and ending in the 24 two thousand [twenty-five] twenty-eight--two thousand [twenty-six] twen- 25 ty-nine academic year, provided that such rates are competitive with the 26 rates of tuition charged by peer institutions and that the board of 27 trustees annually provide the reason and methodology behind any rate 28 increase to the governor, the temporary president of the senate, and the 29 speaker of the assembly prior to the approval of such increases. 30 § 2. Subparagraph (vi) of paragraph (a) of subdivision 7 of section 31 6206 of the education law, as added by section 2 of part B of chapter 56 32 of the laws of 2023, is amended to read as follows: 33 (vi) Notwithstanding any law, rule, regulation or practice to the 34 contrary, commencing with the two thousand twenty-three--two thousand 35 twenty-four academic year and ending in the two thousand [twenty-five] 36 twenty-eight--two thousand [twenty-six] twenty-nine academic year, 37 following the review and approval of the chancellor of the city univer- 38 sity or [his or her] such chancellor's designee, the city university of 39 New York board of trustees shall be empowered to annually impose differ- 40 ential tuition rates on non-resident undergraduate and graduate rates of 41 tuition for senior colleges, provided that such rates are competitive 42 with the rates of tuition charged by peer institutions and that the 43 board of trustees annually provide the reason and methodology behind any 44 rate increase to the governor, the temporary president of the senate, 45 and the speaker of the assembly prior to the approval of such increases. 46 § 3. Subparagraph (ii) of paragraph (a) of subdivision 7 of section 47 6206 of the education law, as amended by section 3 of part B of chapter 48 56 of the laws of 2023, is amended to read as follows: 49 (ii) Notwithstanding any law, rule, regulation or practice to the 50 contrary, commencing with the two thousand twenty-three--two thousand 51 twenty-four academic year and ending in the two thousand [twenty-five] 52 twenty-eight--two thousand [twenty-six] twenty-nine academic year, 53 following the review and approval of the chancellor of the city univer- 54 sity or [his or her] such chancellor's designee, the city university of 
 S. 9006 24 A. 10006 1 New York board of trustees shall be empowered to annually impose differ- 2 ential tuition rates on non-resident undergraduate and graduate rates of 3 tuition for senior colleges, provided that such rates are competitive 4 with the rates of tuition charged by peer institutions and that the 5 board of trustees annually provide the reason and methodology behind any 6 rate increase to the governor, the temporary president of the senate, 7 and the speaker of the assembly prior to the approval of such increases. 8 § 4. This act shall take effect immediately; provided, however, that 9 the amendments to paragraph (a) of subdivision 7 of section 6206 of the 10 education law made by section two of this act shall be subject to the 11 expiration and reversion of such paragraph pursuant to section 16 of 12 chapter 260 of the laws of 2011, as amended, when upon such date the 13 provisions of section three of this act shall take effect. 14 PART F 15 Section 1. Subdivisions 1, 3 and 5 of section 669-f of the education 16 law, subdivision 1 as amended by chapter 516 of the laws of 2025, and 17 subdivisions 3 and 5 as added by section 1 of subpart A of part EE of 18 chapter 56 of the laws of 2015, are amended to read as follows: 19 1. Eligibility. Students who are matriculated in an approved master's 20 degree in education program at a New York state college, as defined in 21 subdivision two of section six hundred one of this title, leading to a 22 career as a teacher in public elementary [or], secondary, or early 23 childhood education shall be eligible for an award under this section, 24 provided the applicant: (a) earned an undergraduate degree from a 25 college located in New York state; (b) was a New York state resident 26 while earning such undergraduate degree; (c) achieved academic excel- 27 lence as an undergraduate student, as defined by the corporation in 28 regulation; (d) enrolls in full-time study in an approved master's 29 degree in education program at a New York state college, as defined in 30 subdivision two of section six hundred one of this title, leading to a 31 career as a teacher in public elementary [or], secondary or early child- 32 hood education; (e) signs a contract with the corporation agreeing to 33 teach in a classroom setting on a full-time basis for five years in a 34 school located within New York state providing public elementary [or], 35 secondary or early childhood education recognized by the board of 36 regents or the university of the state of New York, including charter 37 schools authorized pursuant to article fifty-six of this chapter; and 38 (f) complies with the applicable provisions of this article and all 39 requirements promulgated by the corporation for the administration of 40 the program. 41 3. An award shall entitle the recipient to annual payments for not 42 more than two academic years of full-time graduate study leading to 43 certification as an elementary [or], secondary [classroom] or early 44 childhood teacher. 45 5. The corporation shall convert to a student loan the full amount of 46 the award granted pursuant to this section, plus interest, according to 47 a schedule to be determined by the corporation if: (a) two years after 48 the completion of the degree program and receipt of initial certif- 49 ication it is found that a recipient is [not] neither teaching in a 50 public school located within New York state providing elementary or 51 secondary education recognized by the board of regents or the university 52 of the state of New York, including charter schools authorized pursuant 53 to article fifty-six of this chapter, nor employed by an eligible agency 54 as defined by paragraph b of subdivision one of section thirty-six 
 S. 9006 25 A. 10006 1 hundred two-e of this chapter; (b) a recipient has [not] neither taught 2 in a public school located within New York state providing elementary or 3 secondary education recognized by the board of regents or the university 4 of the state of New York, including charter schools authorized pursuant 5 to article fifty-six of this chapter, nor been employed by an eligible 6 agency as defined by paragraph b of subdivision one of section thirty- 7 six hundred two-e of this chapter, for five of the seven years after the 8 completion of the graduate degree program and receipt of initial certif- 9 ication; (c) a recipient fails to complete [his or her] their graduate 10 degree program in education; (d) a recipient fails to receive or main- 11 tain [his or her] their teaching certificate or license in New York 12 state for the required period; or (e) a recipient fails to respond to 13 requests by the corporation for the status of [his or her] their academ- 14 ic or professional progress. The terms and conditions of this subdivi- 15 sion shall be deferred for any interruption in graduate study or employ- 16 ment as established by the rules and regulations of the corporation. Any 17 obligation to comply with such provisions as outlined in this section 18 shall be cancelled upon the death of the recipient. Notwithstanding any 19 provisions of this subdivision to the contrary, the corporation is 20 authorized to promulgate rules and regulations to provide for the waiver 21 or suspension of any financial obligation which would involve extreme 22 hardship. 23 § 2. This act shall take effect July 1, 2026. 24 PART G 25 Section 1. Section 97-v of the state finance law, as added by chapter 26 851 of the laws of 1983 and subdivision 3 as amended by chapter 83 of 27 the laws of 1995, is amended to read as follows: 28 § 97-v. New York state [musical instrument revolving] music grant 29 fund. 1. There is hereby established in the custody of the state comp- 30 troller, a special fund to be known as the "New York state [musical 31 instrument revolving] music grant fund". 32 2. The fund shall consist of all monies appropriated for its purpose, 33 all monies transferred to such fund pursuant to law and all monies 34 required by the provisions of this section or any other law to be paid 35 into or credited to this fund, including all monies received by the fund 36 or donated to it. The total of monies deposited as a result of appropri- 37 ations from state funds into this fund shall not exceed the sum of five 38 hundred thousand dollars. Monies in the fund shall be kept separate and 39 shall not be commingled with any other monies otherwise appropriated or 40 received except as hereby provided. 41 3. Monies of the fund, when allocated, shall be available to the New 42 York state council on the arts for the purpose of providing assistance, 43 excluding administrative costs, for [the loan, lease and purchase of 44 musical instruments and other related property and equipment, as herein 45 provided, by] grants to not-for-profit symphony orchestras and/or other 46 not-for-profit musical entities incorporated in the state and organized 47 for the purpose of the presentation of performing arts for the benefit 48 of the public and which have been approved pursuant to guidelines estab- 49 lished by the council. Such monies shall also be available for adminis- 50 trative costs of the council pursuant to approval by the director of the 51 budget. [Notwithstanding any other inconsistent provisions of this chap- 52 ter, should the council determine that there is a compelling need for 53 the loan, lease or purchase of property or equipment other than musical 54 instruments by not-for-profit symphony orchestras and/or other not-for- 
 S. 9006 26 A. 10006 1 profit musical entities incorporated in the state and organized for the 2 purpose of the presentation of performing arts for the benefit of the 3 public, and upon approval of the director of the budget, the council may 4 assist such organization in acquiring such equipment in accordance with 5 guidelines established by the council. The council shall contract with 6 one or more not-for-profit entities which shall distribute such monies, 7 however, in no case shall monies of the fund be distributed nor shall a 8 contract to distribute such monies be approved unless the fund shall 9 have sufficient monies to effectuate all such approved distributions and 10 contracts. 11 Purchases, leases and loans of musical instruments and other equipment 12 shall not be approved or effected if such purchases, leases or loans are 13 eligible for financing from any other state assistance program.] 14 4. [The state council on the arts shall establish guidelines necessary 15 to administer the fund. Guidelines shall include, but not be limited to: 16 qualifications and conditions for assistance, which may require public 17 service performances, terms of lease or installment sale payments and 18 finance charges on installment sales at rates of interest which, 19 notwithstanding any other provision of law, shall not be less than three 20 per cent per annum nor more than ten per cent per annum, provisions for 21 insurance of the instrument or other equipment, provisions for necessary 22 security agreement arrangements, and any other terms and conditions the 23 council may require as necessary to properly effectuate the provisions 24 of this section. 25 5. The not-for-profit entity of entities with whom the state council 26 on the arts has contracted pursuant to subdivision three of this section 27 shall enter into contractual arrangements with applicants approved by 28 the council. All contracts must be approved by the state council on the 29 arts and the comptroller prior to the distribution of any monies there- 30 under. Such contracts shall assure that the not-for-profit entity or 31 entities retain title to the instrument or equipment until the 32 provisions and intent of this section are satisfied. 33 6. Notwithstanding any other provisions of law, should a default in 34 payment of monies for the purchase or lease of an instrument or other 35 equipment occur, the council shall so notify the comptroller and the 36 attorney general who shall take such steps as may be necessary. The 37 not-for-profit entity or entities, after such notification is made, 38 shall take steps to effect repossession regardless of whether any note, 39 memorandum, instrument or other writing has been recorded or regardless 40 of whether any other person has notice of such possessory rights to the 41 instrument or equipment. Any contract between the not-for-profit agency 42 or agencies and a not-for-profit symphony orchestra or other musical 43 entity authorized by this article, shall assure the right and provide 44 guarantees for such repossession. Subsequent to the taking of possession 45 of the instrument or equipment, the comptroller or not-for-profit agency 46 or agencies may offer the same for sale at public auction to the highest 47 bidder pursuant to guidelines established by the comptroller. 48 7. The comptroller is authorized to deduct the difference between the 49 purchaser's or lessee's outstanding obligation at the time of the 50 auction provided for in subdivision five of this section, and the amount 51 realized from that auction, after deductions for all necessary and prop- 52 er costs of the auction are made, from any other grant or other assist- 53 ance approved by the council on the arts for that purchaser. The differ- 54 ence deducted by the comptroller and the net amount realized from the 55 auction shall be deposited in the New York state musical instrument 56 revolving fund. 
 S. 9006 27 A. 10006 1 8.] Nothing contained herein shall prevent the council from receiving 2 grants, gifts or bequests for the purposes of the fund as defined in 3 this section and depositing them into the fund according to law. 4 [9. The state council on the arts shall provide by September first of 5 each year, to the governor, the temporary president of the senate, the 6 speaker of the assembly, the chairman of the senate finance committee 7 and the chairman of the assembly ways and means committee, a report 8 containing guidelines and amendments established by the state council on 9 the arts and a complete financial statement including, but not limited 10 to, monies allocated, collected, transferred or otherwise paid or cred- 11 ited to the fund. A projected schedule of disbursements, receipts and 12 needs of the fund for the next fiscal year shall be included in each 13 report. In addition, any amendments to the guidelines shall be provided 14 to the above listed individuals within thirty days of their establish- 15 ment by the state council on the arts. 16 10.] 5. No monies shall be payable from this fund, except on the audit 17 and warrant of the comptroller on vouchers certified and submitted by 18 the [chairman of the] state council on the arts. 19 § 2. This act shall take effect immediately. 20 PART H 21 Section 1. Paragraph (a) of subdivision 2 of section 390 of the social 22 services law, as amended by section 3 of part H of chapter 56 of the 23 laws of 2019, is amended to read as follows: 24 (a) Child day care centers caring for seven or more children and group 25 family day care programs, as defined in subdivision one of this section, 26 shall obtain a license from the office of children and family services 27 and shall operate in accordance with the terms of such license and the 28 regulations of such office. Initial licenses and subsequent licenses 29 shall be valid for a period of up to [four] six years so long as the 30 provider remains substantially in compliance with applicable law and 31 regulations during such period. 32 § 2. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 33 of section 390 of the social services law, as amended by section 4 of 34 part H of chapter 56 of the laws of 2019, is amended to read as follows: 35 (A) Initial registrations and subsequent registrations shall be valid 36 for a period of up to [four] six years so long as the provider remains 37 substantially in compliance with applicable law and regulations during 38 such period. 39 § 3. Paragraphs (a) and (c) of subdivision 3 of section 390-a of the 40 social services law, as amended by section 7 of part H of chapter 56 of 41 the laws of 2019, are amended to read as follows: 42 (a) The office of children and family services shall promulgate regu- 43 lations requiring operators, program directors, employees [and], assist- 44 ants, and volunteers who have the potential for regular and substantial 45 contact with children, of family day care homes, group family day care 46 homes, school-age child care programs and child day care centers to 47 receive pre-service and annual training, as applicable. [Provided howev- 48 er that such providers shall be required to receive thirty hours of 49 training every two years; provided, however, any individual or provider 50 who is already in compliance with this subdivision, prior to the effec- 51 tive date of the chapter of the laws of two thousand nineteen that 52 amended this subdivision, shall only be required to complete any addi- 53 tional federal training requirements which they have not already 54 completed in order to be deemed in compliance with this subdivision. 
 S. 9006 28 A. 10006 1 Fifteen hours of such training must be received within the first six 2 months of the initial licensure, registration or employment. Such train- 3 ing requirements shall also apply to any volunteer in such day care 4 homes, programs or centers who has the potential for regular and 5 substantial contact with children. The thirty hours of training 6 required during the first biennial cycle after initial licensure or 7 registration shall include training received while an application for 8 licensure or registration pursuant to section three hundred ninety of 9 this title is pending.] The office of children and family services may 10 provide this training through purchase of services. 11 (c) For the [thirty hours of biennial] training required after the 12 initial period of licensure or registration, each provider who can 13 demonstrate basic competency shall determine in which of the specified 14 topics [he or she] such provider needs further study, based on the 15 provider's experience and the needs of the children in the provider's 16 care, subject to approval by the office of children and family services. 17 § 4. This act shall take effect one year after it shall have become a 18 law. 19 PART I 20 Section 1. Subdivision 6 of section 374 of the social services law, as 21 amended by chapter 305 of the laws of 2008, is amended to read as 22 follows: 23 6. (a) An authorized agency, as defined in paragraphs (a) and (c) of 24 subdivision ten of section three hundred seventy-one of this title, may 25 charge or accept a fee or other compensation to or from a person or 26 persons with whom it has placed out a child, for the reasonable and 27 necessary expenses of such placement; and no agency, association, corpo- 28 ration, institution, society or organization, except such an authorized 29 agency, and no person may or shall request, accept or receive any 30 compensation or thing of value, directly or indirectly, in connection 31 with the placing out or adoption of a child or for assisting a birth 32 parent, relative or guardian of a child in arranging for the placement 33 of the child for the purpose of adoption; and no person may or shall pay 34 or give to any person or to any agency, association, corporation, insti- 35 tution, society or organization, except such an authorized agency, any 36 compensation or thing of value in connection with the placing out or 37 adoption of a child or for assisting a birth parent, relative or guardi- 38 an of a child in arranging for the placement of the child for the 39 purpose of adoption. The prohibition set forth in this section applies 40 to any adoptive placement activity involving a child born in New York 41 state or brought into this state or involving a New York resident seek- 42 ing to bring a child into New York state for the purpose of adoption. 43 (b) This subdivision shall not be construed to prevent the payment of 44 salaries or other compensation by an authorized agency to the officers 45 or employees thereof; nor shall it be construed to prevent the payment 46 by a person with whom a child has been placed out of reasonable and 47 actual medical fees or hospital charges for services rendered in 48 connection with the birth of such child or of other necessary expenses 49 incurred by the birth mother in connection with or as a result of her 50 pregnancy or the birth of the child, or of reasonable and actual nurs- 51 ing, medical or hospital fees for the care of such child, if such 52 payment is made to the physician, nurse or hospital who or which 53 rendered the services or to the birth mother of the child, or to prevent 54 the receipt of such payment by such physician, nurse, hospital or birth 
 S. 9006 29 A. 10006 1 mother. This subdivision shall not be construed to prevent the payment 2 by an adoptive parent, as defined in section one hundred nine of the 3 domestic relations law, of the birth mother's reasonable and actual 4 expenses for housing, maternity clothing, clothing for the child and 5 transportation for a reasonable period not to exceed [sixty] one hundred 6 eighty days prior to the birth and the later of [thirty] forty-five days 7 after the birth or [thirty] forty-five days after the parental consent 8 to the adoption, unless a court determines, in writing, that [excep- 9 tional] circumstances exist which require the payment of the birth moth- 10 er's expenses beyond the time periods stated in this sentence. This 11 subdivision shall not be construed to prevent the payment by an adoptive 12 parent, as defined in section one hundred nine of the domestic relations 13 law, of reasonable and actual legal fees charged for consultation and 14 legal advice, preparation of papers and representation and other legal 15 services rendered in connection with an adoption proceeding or of neces- 16 sary disbursements incurred for or in an adoption proceeding. No attor- 17 ney or law firm shall serve as the attorney for, or provide any legal 18 services to both the birth parent and adoptive parent in regard to the 19 placing out of a child for adoption or in an adoption proceeding. No 20 attorney or law firm shall serve as the attorney for, or provide any 21 legal services to, both an authorized agency and adoptive parent or both 22 an authorized agency and birth parent where the authorized agency 23 provides adoption services to such birth parent or adoptive parent, 24 where the authorized agency provides foster care for the child, or where 25 the authorized agency is directly or indirectly involved in the placing 26 out of such child for adoption. 27 § 2. This act shall take effect on the thirtieth day after it shall 28 have become a law. Effective immediately, the addition, amendment and/or 29 repeal of any rule or regulation necessary for the implementation of 30 this act on its effective date are authorized to be made and completed 31 on or before such effective date. 32 PART J 33 Section 1. Subdivision 6 of section 3502 of the public health law, as 34 added by chapter 313 of the laws of 2018, subparagraph (i) of paragraph 35 (a) as amended by chapter 486 of the laws of 2022, and subparagraphs 36 (ii) and (iii) of paragraph (a), paragraph (b), subparagraphs (i), (ii), 37 (iii) and (v) of paragraph (c), paragraph (e), and the opening paragraph 38 and subparagraphs (i) and (ii) of paragraph (f) as amended by section 1 39 of part LL of chapter 56 of the laws of 2023, is amended to read as 40 follows: 41 6. (a) (i) Notwithstanding the provisions of this section or any other 42 provision of law, rule or regulation to the contrary, licensed practi- 43 tioners, persons licensed under this article and unlicensed personnel 44 employed at a local correctional facility or secure or specialized 45 secure detention facility may, in a manner permitted by the regulations 46 promulgated pursuant to this subdivision, utilize body imaging scanning 47 equipment that applies ionizing radiation to humans for purposes of 48 screening incarcerated individuals committed to such local correctional 49 facility, or individuals detained in or committed to, visiting or 50 employed in a secure or specialized secure detention facility, in 51 connection with the implementation of such facility's security program. 52 (ii) Notwithstanding the provisions of this section or any other 53 provision of law, rule or regulation to the contrary, licensed practi- 54 tioners, persons licensed under this article and unlicensed personnel 
 S. 9006 30 A. 10006 1 employed at a state correctional facility or facility for youth placed 2 with or committed to the office of children and family services may, in 3 a manner permitted by the regulations promulgated pursuant to this 4 subdivision, utilize body imaging scanning equipment that applies ioniz- 5 ing radiation to humans for purposes of screening individuals detained 6 in, committed to, visiting, or employed in such facility, in connection 7 with the implementation of such facility's security program. 8 (iii) The utilization of such body imaging scanning equipment shall be 9 in accordance with regulations promulgated by the department, or for 10 local correctional facilities in cities having a population of two 11 million or more, such utilization shall be in accordance with regu- 12 lations promulgated by the New York city department of health and mental 13 hygiene. The state commission of correction, in consultation with the 14 department of corrections and community supervision and the office of 15 children and family services, shall promulgate regulations establishing 16 when body imaging scanning equipment will be used to screen visitors and 17 [incarcerated] individuals detained in or committed to state correction- 18 al facilities, secure or specialized secure detention facilities, or 19 facilities for youth placed with or committed to the office of children 20 and family services. Such regulations shall include provisions estab- 21 lishing that alternative methods of screening may be used to accommodate 22 individuals who decline or are unable to be screened by body imaging 23 scanning equipment for medical reasons and that alternative methods of 24 screening may be used to accommodate individuals who decline to be 25 screened for other reasons, unless security considerations warrant 26 otherwise. Such regulations shall also ensure that no person shall be 27 subjected to any form of harassment, intimidation, or disciplinary 28 action for choosing to be searched by an alternative method of screening 29 in lieu of body imaging scanning. 30 The department of corrections and community supervision and the office 31 of children and family services shall promulgate regulations establish- 32 ing when body imaging scanning equipment will be used to screen employ- 33 ees of the department of corrections and community supervision and the 34 office of children and family services, provided, however that such 35 regulations shall be consistent with the policies and procedures of the 36 department of corrections and community supervision and the office of 37 children and family services governing the search of employees. Such 38 regulations shall include provisions establishing that alternative meth- 39 ods of screening may be used to accommodate individuals who decline or 40 are unable to be screened by body imaging scanning equipment for medical 41 or other reasons. Such regulations shall also ensure that no person 42 shall be subjected to any form of harassment, intimidation, or discipli- 43 nary action for choosing to be searched by an alternative method of 44 screening in lieu of body imaging scanning. An employee's request to be 45 searched by an alternative method of screening in lieu of body imaging 46 scanning shall not, in itself, be grounds for disciplinary action 47 against such employee. 48 (b) Prior to establishing, maintaining or operating any body imaging 49 scanning equipment in a state or local correctional facility, [any body 50 imaging scanning equipment] secure or specialized secure detention 51 facility, or facility for youth placed with or committed to the office 52 of children and family services, the chief administrative officer of the 53 facility shall ensure that such facility is in compliance with the regu- 54 lations promulgated pursuant to this subdivision and otherwise applica- 55 ble requirements for the installation, registration, maintenance, opera- 56 tion and inspection of body imaging scanning equipment. 
 S. 9006 31 A. 10006 1 (c) The regulations promulgated pursuant to subparagraph (ii) of para- 2 graph (a) of this subdivision shall include, but not be limited to: 3 (i) A requirement that prior to operating body imaging scanning equip- 4 ment, unlicensed personnel employed at state or local correctional 5 facilities, secure or specialized secure detention facilities, or facil- 6 ities for youth placed with or committed to the office of children and 7 family services shall have successfully completed a training course 8 approved by the department, or for local correctional facilities in 9 cities of two million or more, approved by the New York city department 10 of health and mental hygiene, and that such personnel receive additional 11 training on an annual basis; 12 (ii) Limitations on exposure which shall be no more than fifty percent 13 of the annual exposure limits for non-radiation workers as specified by 14 applicable regulations, except that individuals under the age of eigh- 15 teen shall not be subject to more than five percent of such annual expo- 16 sure limits, and pregnant [women] persons shall not be subject to such 17 scanning at any time. Procedures for identifying pregnant [women] 18 persons shall be set forth in the regulations; 19 (iii) Registration with the department of each body imaging scanning 20 machine purchased or installed at a state or local correctional 21 facility, secure or specialized secure detention facility, or facility 22 for youth placed with or committed to the office of children and family 23 services; 24 (iv) Inspection and regular reviews of the use of body imaging scan- 25 ning equipment by the department or the New York city department of 26 health and mental hygiene, as applicable; and 27 (v) A requirement that records be kept regarding each use of body 28 imaging scanning equipment by the state or local correctional facility, 29 secure or specialized secure detention facility, or facility for youth 30 placed with or committed to the office of children and family services. 31 (d) For the purpose of this subdivision, "body imaging scanning equip- 32 ment" or "equipment" means equipment that utilizes a low dose of ioniz- 33 ing radiation to produce an anatomical image capable of detecting 34 objects placed on, attached to or secreted within a person's body. 35 (e) For the purposes of this subdivision: 36 (i) "Local correctional facility" shall have the same meaning as found 37 in subdivision sixteen of section two of the correction law. 38 (ii) "State correctional facility" shall mean a "correctional facili- 39 ty" as defined in subdivision four of section two of the correction law. 40 (iii) "Secure detention facility" shall mean a secure detention facil- 41 ity certified by the office of children and family services pursuant to 42 section five hundred three of the executive law. 43 (iv) "Specialized secure detention facility" shall mean a facility for 44 adolescent offenders certified by the office of children and family 45 services in consultation with the state commission of correction pursu- 46 ant to subdivision nine of section five hundred three of the executive 47 law. 48 (v) "Facility for youth placed with or committed to the office of 49 children and family services" shall mean a facility operated pursuant to 50 section five hundred four of the executive law. 51 (f) Any local government agency that utilizes body imaging scanning 52 equipment in a local correctional, or secure or specialized secure 53 detention facility under its jurisdiction shall submit an annual report 54 to the department, the speaker of the assembly, and the temporary presi- 55 dent of the senate. If body imaging scanning equipment is utilized in 56 one or more state correctional facilities or facilities for youth placed 
 S. 9006 32 A. 10006 1 with or committed to the office of children and family services, the 2 department of corrections and community supervision or the office of 3 children and family services, as applicable, shall submit an annual 4 report to the department, the speaker of the assembly, and the temporary 5 president of the senate. Such report by [either] the local government 6 agency [or], the department of corrections and community supervision or 7 the office of children and family services shall be submitted within 8 eighteen months after the initial date of registration of such equipment 9 with the department, and annually thereafter, and shall contain the 10 following information as to each such facility: 11 (i) [For] for local correctional facilities, the number of times the 12 equipment was used on incarcerated individuals, or for secure or 13 specialized secure detention facilities, the number of times the equip- 14 ment was used on individuals placed with, committed to, visiting or 15 employed in such facility, upon intake, after visits, and upon the 16 suspicion of contraband, as well as any other event that triggers the 17 use of such equipment, and the average, median, and highest number of 18 times the equipment was used on any [incarcerated] such individual, with 19 corresponding exposure levels; [and] 20 (ii) [For] for state correctional facilities or facilities for youth 21 placed with or committed to the office of children and family services, 22 the number of times the equipment was used on individuals detained in, 23 committed to, working in, or visiting the facility upon intake, before 24 work shift, after work shift, before visits, after visits, and upon the 25 suspicion of contraband, as well as any other event that triggers the 26 use of such equipment, and the average, median, and highest number of 27 times the equipment was used on any individual detained in, committed 28 to, working in, or visiting the facility, with corresponding exposure 29 levels[.]; 30 (iii) the number of times the use of the equipment detected the pres- 31 ence of drug contraband, weapon contraband, and any other illegal or 32 impermissible object or substance; 33 (iv) incidents or any injuries or illness resulting from the use of 34 such equipment or reported by persons scanned by such equipment; and 35 (v) any other information the department may reasonably require. 36 § 2. This act shall take effect on the one hundred twentieth day after 37 it shall have become a law; provided, however, that the amendments to 38 subdivision 6 of section 3502 of the public health law made by section 39 one of this act shall not affect the repeal of such subdivision and 40 shall be deemed repealed therewith. Effective immediately, the addition, 41 amendment and/or repeal of any rule or regulation necessary for the 42 implementation of this act on its effective date are authorized to be 43 made and completed on or before such effective date. 44 PART K 45 Section 1. Section 3 of part N of chapter 56 of the laws of 2020, 46 amending the social services law relating to restructuring financing for 47 residential school placements, as amended by section 1 of part O of 48 chapter 56 of the laws of 2025, is amended to read as follows: 49 § 3. This act shall take effect immediately [and shall expire and be 50 deemed repealed April 1, 2026]; provided however that the amendments to 51 subdivision 10 of section 153 of the social services law made by section 52 one of this act, shall not affect the expiration of such subdivision and 53 shall be deemed to expire therewith. 
 S. 9006 33 A. 10006 1 § 2. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2026. 3 PART L 4 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 5 section 131-o of the social services law, as amended by section 1 of 6 part R of chapter 56 of the laws of 2025, are amended to read as 7 follows: 8 (a) in the case of each individual receiving family care, an amount 9 equal to at least [$186.00] $191.00 for each month beginning on or after 10 January first, two thousand [twenty-five] twenty-six. 11 (b) in the case of each individual receiving residential care, an 12 amount equal to at least [$213.00] $219.00 for each month beginning on 13 or after January first, two thousand [twenty-five] twenty-six. 14 (c) in the case of each individual receiving enhanced residential 15 care, an amount equal to at least [$255.00] $262.00 for each month 16 beginning on or after January first, two thousand [twenty-five] twenty- 17 six. 18 (d) for the period commencing January first, two thousand [twenty-six] 19 twenty-seven, the monthly personal needs allowance shall be an amount 20 equal to the sum of the amounts set forth in subparagraphs one and two 21 of this paragraph: 22 (1) the amounts specified in paragraphs (a), (b) and (c) of this 23 subdivision; and 24 (2) the amount in subparagraph one of this paragraph, multiplied by 25 the percentage of any federal supplemental security income cost of 26 living adjustment which becomes effective on or after January first, two 27 thousand [twenty-six] twenty-seven, but prior to June thirtieth, two 28 thousand [twenty-six] twenty-seven, rounded to the nearest whole dollar. 29 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 30 section 209 of the social services law, as amended by section 2 of part 31 R of chapter 56 of the laws of 2025, are amended to read as follows: 32 (a) On and after January first, two thousand [twenty-five] twenty-six, 33 for an eligible individual living alone, [$1,054.00] $1,081.00; and for 34 an eligible couple living alone, [$1,554.00] $1,595.00. 35 (b) On and after January first, two thousand [twenty-five] twenty-six, 36 for an eligible individual living with others with or without in-kind 37 income, [$990.00] $1,017.00; and for an eligible couple living with 38 others with or without in-kind income, [$1,496.00] $1,537.00. 39 (c) On and after January first, two thousand [twenty-five] twenty-six, 40 (i) for an eligible individual receiving family care, [$1,233.48] 41 $1,260.48 if such individual is receiving such care in the city of New 42 York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) 43 for an eligible couple receiving family care in the city of New York or 44 the county of Nassau, Suffolk, Westchester or Rockland, two times the 45 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 46 eligible individual receiving such care in any other county in the 47 state, [$1,195.48] $1,222.48; and (iv) for an eligible couple receiving 48 such care in any other county in the state, two times the amount set 49 forth in subparagraph (iii) of this paragraph. 50 (d) On and after January first, two thousand [twenty-five] twenty-six, 51 (i) for an eligible individual receiving residential care, [$1,402.00] 52 $1,429.00 if such individual is receiving such care in the city of New 53 York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) 54 for an eligible couple receiving residential care in the city of New 
 S. 9006 34 A. 10006 1 York or the county of Nassau, Suffolk, Westchester or Rockland, two 2 times the amount set forth in subparagraph (i) of this paragraph; or 3 (iii) for an eligible individual receiving such care in any other county 4 in the state, [$1,372.00] $1,399.00; and (iv) for an eligible couple 5 receiving such care in any other county in the state, two times the 6 amount set forth in subparagraph (iii) of this paragraph. 7 (e) On and after January first, two thousand [twenty-five] twenty-six, 8 (i) for an eligible individual receiving enhanced residential care, 9 [$1,661.00] $1,688.00; and (ii) for an eligible couple receiving 10 enhanced residential care, two times the amount set forth in subpara- 11 graph (i) of this paragraph. 12 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 13 vision shall be increased to reflect any increases in federal supple- 14 mental security income benefits for individuals or couples which become 15 effective on or after January first, two thousand [twenty-six] twenty- 16 seven but prior to June thirtieth, two thousand [twenty-six] twenty-sev- 17 en. 18 § 3. This act shall take effect December 31, 2026. 19 PART M 20 Section 1. Notwithstanding any other provision of law, the housing 21 trust fund corporation may provide, for purposes of the neighborhood 22 preservation program, a sum not to exceed $12,830,000 for the fiscal 23 year ending March 31, 2027. Notwithstanding any other provision of law, 24 and subject to the approval of the New York state director of the budg- 25 et, the board of directors of the state of New York mortgage agency 26 shall authorize the transfer to the housing trust fund corporation, for 27 the purposes of reimbursing any costs associated with neighborhood pres- 28 ervation program contracts authorized by this section, a total sum not 29 to exceed $12,830,000, such transfer to be made from (i) the special 30 account of the mortgage insurance fund created pursuant to section 31 2429-b of the public authorities law, in an amount not to exceed the 32 actual excess balance in the special account of the mortgage insurance 33 fund, as determined and certified by the state of New York mortgage 34 agency for the fiscal year 2025-2026 in accordance with section 2429-b 35 of the public authorities law, if any, and/or (ii) provided that the 36 reserves in the project pool insurance account of the mortgage insurance 37 fund created pursuant to section 2429-b of the public authorities law 38 are sufficient to attain and maintain the credit rating (as determined 39 by the state of New York mortgage agency) required to accomplish the 40 purposes of such account, the project pool insurance account of the 41 mortgage insurance fund, such transfer to be made as soon as practicable 42 but no later than June 30, 2026. 43 § 2. Notwithstanding any other provision of law, the housing trust 44 fund corporation may provide, for purposes of the rural preservation 45 program, a sum not to exceed $5,360,000 for the fiscal year ending March 46 31, 2027. Notwithstanding any other provision of law, and subject to 47 the approval of the New York state director of the budget, the board of 48 directors of the state of New York mortgage agency shall authorize the 49 transfer to the housing trust fund corporation, for the purposes of 50 reimbursing any costs associated with rural preservation program 51 contracts authorized by this section, a total sum not to exceed 52 $5,360,000, such transfer to be made from (i) the special account of the 53 mortgage insurance fund created pursuant to section 2429-b of the public 54 authorities law, in an amount not to exceed the actual excess balance in 55 the special account of the mortgage insurance fund, as determined and 
 S. 9006 35 A. 10006 1 certified by the state of New York mortgage agency for the fiscal year 2 2025-2026 in accordance with section 2429-b of the public authorities 3 law, if any, and/or (ii) provided that the reserves in the project pool 4 insurance account of the mortgage insurance fund created pursuant to 5 section 2429-b of the public authorities law are sufficient to attain 6 and maintain the credit rating (as determined by the state of New York 7 mortgage agency) required to accomplish the purposes of such account, 8 the project pool insurance account of the mortgage insurance fund, such 9 transfer to be made as soon as practicable but no later than June 30, 10 2026. 11 § 3. Notwithstanding any other provision of law, the housing trust 12 fund corporation may provide, for purposes of the rural rental assist- 13 ance program pursuant to article 17-A of the private housing finance 14 law, a sum not to exceed $25,382,000 for the fiscal year ending March 15 31, 2027. Notwithstanding any other provision of law, and subject to 16 the approval of the New York state director of the budget, the board of 17 directors of the state of New York mortgage agency shall authorize the 18 transfer to the housing trust fund corporation, for the purposes of 19 reimbursing any costs associated with rural rental assistance program 20 contracts authorized by this section, a total sum not to exceed 21 $25,382,000, such transfer to be made from (i) the special account of 22 the mortgage insurance fund created pursuant to section 2429-b of the 23 public authorities law, in an amount not to exceed the actual excess 24 balance in the special account of the mortgage insurance fund, as deter- 25 mined and certified by the state of New York mortgage agency for the 26 fiscal year 2025-2026 in accordance with section 2429-b of the public 27 authorities law, if any, and/or (ii) provided that the reserves in the 28 project pool insurance account of the mortgage insurance fund created 29 pursuant to section 2429-b of the public authorities law are sufficient 30 to attain and maintain the credit rating, as determined by the state of 31 New York mortgage agency, required to accomplish the purposes of such 32 account, the project pool insurance account of the mortgage insurance 33 fund, such transfer shall be made as soon as practicable but no later 34 than June 30, 2026. 35 § 4. Notwithstanding any other provision of law, the homeless housing 36 and assistance corporation may provide, for purposes of the New York 37 state supportive housing program, the solutions to end homelessness 38 program or the operational support for AIDS housing program, or to qual- 39 ified grantees under such programs, in accordance with the requirements 40 of such programs, a sum not to exceed $74,181,000 for the fiscal year 41 ending March 31, 2027. The homeless housing and assistance corporation 42 may enter into an agreement with the office of temporary and disability 43 assistance to administer such sum in accordance with the requirements of 44 such programs. Notwithstanding any other provision of law, and subject 45 to the approval of the New York state director of the budget, the board 46 of directors of the state of New York mortgage agency shall authorize 47 the transfer to the homeless housing and assistance corporation, a total 48 sum not to exceed $74,181,000, such transfer to be made from (i) the 49 special account of the mortgage insurance fund created pursuant to 50 section 2429-b of the public authorities law, in an amount not to exceed 51 the actual excess balance in the special account of the mortgage insur- 52 ance fund, as determined and certified by the state of New York mortgage 53 agency for the fiscal year 2025-2026 in accordance with section 2429-b 54 of the public authorities law, if any, and/or (ii) provided that the 55 reserves in the project pool insurance account of the mortgage insurance 56 fund created pursuant to section 2429-b of the public authorities law 
 S. 9006 36 A. 10006 1 are sufficient to attain and maintain the credit rating as determined by 2 the state of New York mortgage agency, required to accomplish the 3 purposes of such account, the project pool insurance account of the 4 mortgage insurance fund, such transfer shall be made as soon as practi- 5 cable but no later than March 31, 2027. 6 § 5. This act shall take effect immediately. 7 PART N 8 Section 1. Paragraph (g) of section 1603 of the not-for-profit corpo- 9 ration law, as amended by chapter 508 of the laws of 2018, is amended to 10 read as follows: 11 (g) Nothing in this article shall be construed to authorize the exist- 12 ence of more than [thirty-five] forty-five land banks located in the 13 state at one time, provided further that each foreclosing governmental 14 unit or units proposing to create a land bank shall submit such local 15 law, ordinance or resolution as required by paragraph (a) of this 16 section, to the urban development corporation, for its review and 17 approval. The creation of a land bank shall be conditioned upon approval 18 of the urban development corporation. 19 § 2. This act shall take effect immediately. 20 PART O 21 Section 1. Section 489 of the real property tax law is amended by 22 adding a new subdivision 22 to read as follows: 23 22. (a) Definitions. For the purposes of this subdivision: 24 (1) "Affordable rent" shall mean the maximum rent within the marketing 25 band that is allowed for an affordable rental unit as such rent is 26 established by the local housing agency. 27 (2) "Affordable rental unit" shall mean a dwelling unit in an eligible 28 rental building that, as of the filing of an application for a certif- 29 icate of eligibility and reasonable cost, has a rent at or below the 30 affordable rent. 31 (3) "Area median income" shall mean the income limits as defined annu- 32 ally by the United States department of housing and urban development 33 for the New York city area. 34 (4) "Certificate of eligibility and reasonable cost" shall mean a 35 document issued by the local housing agency that establishes that a 36 property is eligible for rehabilitation program benefits and sets forth 37 the certified reasonable cost of the eligible construction for which 38 such benefits shall be received. 39 (5) "Certified reasonable cost schedule" shall mean a table providing 40 maximum dollar limits for specified alterations and improvements, estab- 41 lished, and updated at least every three years, by the local housing 42 agency. 43 (6) "Checklist" shall mean a document that the local housing agency 44 issues requesting additional information or documentation that is neces- 45 sary for further assessment of an application for a certificate of 46 eligibility and reasonable cost where such application contained all 47 information and documentation required at the initial filing. 48 (7) "Commencement date" shall mean, with respect to eligible 49 construction, the date on which any physical operation undertaken for 50 the purpose of performing such eligible construction lawfully begins. 51 (8) "Completion date" shall mean, with respect to eligible 52 construction, the date on which: 
 S. 9006 37 A. 10006 1 (A) every physical operation undertaken for the purpose of all eligi- 2 ble construction has concluded; and 3 (B) all such eligible construction has been completed to a reasonable 4 and customary standard that renders such eligible construction capable 5 of use for the purpose for which such eligible construction was 6 intended. 7 (9) "Dwelling unit" shall mean any residential accommodation in a 8 class A multiple dwelling that: 9 (A) is arranged, designed, used or intended for use by one or more 10 persons living together and maintaining a common household; 11 (B) contains at least one room; and 12 (C) contains within such accommodation lawful sanitary and kitchen 13 facilities reserved for its occupants. 14 (10) "Eligible building" shall mean an eligible rental building, an 15 eligible homeownership building, or an eligible regulated homeownership 16 building, provided that such building contains three or more dwelling 17 units. 18 (11) "Eligible construction" shall mean alterations or improvements to 19 an eligible building that: 20 (A) are specifically identified on the certified reasonable cost sche- 21 dule; 22 (B) meet the minimum scope of work threshold; 23 (C) have a completion date that is after June thirtieth, two thousand 24 twenty-six and prior to June thirtieth, two thousand thirty-six that is 25 not more than thirty months after their commencement date; and 26 (D) are not attributable to any increased cubic content in such eligi- 27 ble building. 28 (12) "Eligible homeownership building" shall mean an existing building 29 that: 30 (A) is a class A multiple dwelling operated as condominium or cooper- 31 ative housing; 32 (B) is not operating in whole or in part as a hotel; and 33 (C) has an average assessed valuation, including the valuation of the 34 land, that as of the commencement date does not exceed the homeownership 35 average assessed valuation limitation. 36 (13) "Eligible regulated homeownership building" shall mean an exist- 37 ing building that is a class A multiple dwelling owned and operated by 38 either: 39 (A) a mutual company that continues to be organized and operated as a 40 mutual company and that has entered into and recorded a mutual company 41 regulatory agreement; or 42 (B) a mutual redevelopment company that continues to be organized and 43 operated as a mutual redevelopment company and that has entered into and 44 recorded a mutual redevelopment company regulatory agreement. 45 (14) "Eligible rental building" shall mean an existing building that: 46 (A) is a class A multiple dwelling in which all of the dwelling units 47 are operated as rental housing; 48 (B) is not operating in whole or in part as a hotel; and 49 (C) satisfies one of the following conditions: 50 (i) not less than fifty percent of the dwelling units in such building 51 are affordable rental units; 52 (ii) such building is owned and operated by a limited-profit housing 53 company; or 54 (iii) such building is the recipient of substantial governmental 55 assistance. 56 (15) "Existing building" shall mean an enclosed structure which: 
 S. 9006 38 A. 10006 1 (A) is permanently affixed to the land; 2 (B) has one or more floors and a roof; 3 (C) is bounded by walls; 4 (D) has at least one principal entrance utilized for day-to-day pedes- 5 trian ingress and egress; 6 (E) has a certificate of occupancy or equivalent document that is in 7 effect prior to the commencement date; and 8 (F) exclusive of the land, has an assessed valuation of more than one 9 thousand dollars for the fiscal year immediately preceding the commence- 10 ment date. 11 (16) "Homeownership average assessed valuation limitation" shall mean 12 an average assessed valuation of sixty thousand dollars per dwelling 13 unit. 14 (17) "Limited-profit housing company" shall have the same meaning as 15 "company" as defined in section twelve of the private housing finance 16 law. 17 (18) "Market rental unit" shall mean a dwelling unit in an eligible 18 rental building other than an affordable rental unit. 19 (19) "Marketing band" shall mean maximum rent amounts ranging from 20 twenty percent of eighty percent of the area median income, adjusted for 21 family size, to thirty percent of eighty percent of the area median 22 income, adjusted for family size. 23 (20) "Minimum scope of work threshold" shall mean a total amount of 24 certified reasonable cost established by rules, regulations, and guid- 25 ance documents of the local housing agency, provided that such amount 26 shall be no less than one thousand five hundred dollars for each dwell- 27 ing unit in existence on the completion date. 28 (21) "Multiple dwelling" shall have the meaning as such term is 29 defined in section four of the multiple dwelling law. 30 (22) "Mutual company" shall have the meaning as such term is defined 31 in section twelve of the private housing finance law. 32 (23) "Mutual company regulatory agreement" shall mean a binding and 33 irrevocable agreement between a mutual company and the commissioner of 34 housing, the mutual company supervising agency, the New York city hous- 35 ing development corporation, or the New York state housing finance agen- 36 cy prohibiting the dissolution or reconstitution of such mutual company 37 pursuant to section thirty-five of the private housing finance law for 38 not less than fifteen years from the commencement of rehabilitation 39 program benefits for the existing building owned and operated by such 40 mutual company. 41 (24) "Mutual company supervising agency" shall have the same meaning, 42 with respect to any mutual company, as "supervising agency" as defined 43 in section two of the private housing finance law. 44 (25) "Mutual redevelopment company" shall have the same meaning as 45 "mutual company" when applied to a redevelopment company as defined in 46 section one hundred two of the private housing finance law. 47 (26) "Mutual redevelopment company regulatory agreement" shall mean a 48 binding and irrevocable agreement between a mutual redevelopment company 49 and the commissioner of housing, the redevelopment company supervising 50 agency, the New York city housing development corporation, or the New 51 York state housing finance agency prohibiting the dissolution or recon- 52 stitution of such mutual redevelopment company pursuant to section one 53 hundred twenty-three of the private housing finance law until the earli- 54 er of: 
 S. 9006 39 A. 10006 1 (A) fifteen years from the commencement of rehabilitation program 2 benefits for the existing building owned and operated by such mutual 3 redevelopment company; or 4 (B) the expiration of any tax exemption granted to such mutual rede- 5 velopment company pursuant to section one hundred twenty-five of the 6 private housing finance law. 7 (27) "Redevelopment company" shall have the same meaning as such term 8 is defined in section one hundred two of the private housing finance 9 law. 10 (28) "Redevelopment company supervising agency" shall have the same 11 meaning, with respect to any redevelopment company, as "supervising 12 agency" as defined in section one hundred two of the private housing 13 finance law. 14 (29) "Rehabilitation program benefits" shall mean abatement of real 15 property taxes pursuant to this subdivision. 16 (30) "Rent regulation" shall mean, collectively, the emergency housing 17 rent control law, any local law enacted pursuant to the local emergency 18 housing rent control act, the rent stabilization law of nineteen hundred 19 sixty-nine, the rent stabilization code, and the emergency tenant 20 protection act of nineteen seventy-four, all as in effect as of the 21 effective date of this subdivision, or as any such statute is amended 22 thereafter, together with any successor statutes or regulations address- 23 ing substantially the same subject matter. 24 (31) "Restriction period" shall mean, notwithstanding any termination 25 or revocation of rehabilitation program benefits prior to such period, 26 fifteen years from the initial receipt of rehabilitation benefits, or 27 such additional period of time as may be imposed pursuant to clause (A) 28 of subparagraph five of paragraph (e) of this subdivision. 29 (32) "Substantial governmental assistance" shall mean grants, loans, 30 or subsidies from any federal, state, or local government agency or 31 instrumentality in furtherance of a program for the development of 32 affordable housing approved by the local housing agency, provided that 33 such grants, loans, or subsidies are provided in accordance with a regu- 34 latory agreement entered into with such agency or instrumentality that 35 is in effect as of the filing date of the application for a certificate 36 of eligibility and reasonable cost. 37 (33) "Substantial interest" shall mean an ownership interest of ten 38 percent or more. 39 (b) Abatement. Notwithstanding the provisions of any other subdivision 40 of this section or of any general, special, or local law to the contra- 41 ry, in a city with a population of one million persons or more, real 42 property taxes on an eligible building in which eligible construction 43 has been completed may be abated by an aggregate amount that shall not 44 exceed one hundred percent of the total certified reasonable cost of 45 such construction, as determined under rules, regulations, and guidance 46 documents of the local housing agency, provided that: 47 (1) Such abatement shall not be effective for more than twenty years; 48 (2) The annual abatement of real property taxes on such eligible 49 building shall not exceed eight and one-third percent of the total 50 certified reasonable cost of such eligible construction; 51 (3) The annual abatement of real property taxes on such eligible 52 building in any consecutive twelve-month period shall in no event exceed 53 the amount of real property taxes payable in such twelve-month period 54 for such building, provided, however, that such abatement shall not 55 exceed fifty percent of the amount of real property taxes payable in 56 such twelve-month period for any of the following: 
 S. 9006 40 A. 10006 1 (A) an eligible rental building owned by a limited-profit housing 2 company or a redevelopment company; 3 (B) an eligible homeownership building; and 4 (C) an eligible regulated homeownership building; and 5 (4) Such abatement shall become effective beginning with the first 6 quarterly tax bill immediately following the date of issuance of the 7 certificate of eligibility and reasonable cost. 8 (c) Guidance and rulemaking. Each agency or department to which func- 9 tions are assigned by this subdivision may adopt and promulgate rules, 10 regulations, and guidance documents for the effectuation of the purpose 11 of this subdivision. 12 (d) Application. (1) An application for a certificate of eligibility 13 and reasonable cost pursuant to this subdivision shall be made after the 14 completion date and on or before the later of (A) four months from the 15 effective date of this subdivision; or (B) four months from such 16 completion date. 17 (2) Such application shall include evidence of eligibility for reha- 18 bilitation program benefits and evidence of reasonable cost as shall be 19 satisfactory to the local housing agency including, but not limited to, 20 evidence showing the cost of eligible construction. 21 (3) The local housing agency shall require a non-refundable filing fee 22 that shall be paid by a certified check or cashier's check upon the 23 filing of an application for a certificate of eligibility and reasonable 24 cost. Such fee shall be (A) one thousand dollars, plus (B) seventy-five 25 dollars for each dwelling unit in excess of six dwelling units in the 26 eligible building that is the subject of such application. 27 (4) Any application that is filed pursuant to this paragraph that is 28 missing any of the information and documentation required at initial 29 filing by any rules, regulations, and guidance documents of the local 30 housing agency shall be denied, provided that a new application for the 31 same eligible construction, together with a new non-refundable filing 32 fee, may be filed within fifteen days of the date of issuance of such 33 denial. If such second application is also missing any such required 34 information and documentation, it shall be denied and no further appli- 35 cations for the same eligible construction shall be permitted. 36 (5) The failure of an applicant to respond to any checklist within 37 thirty days of the date of its issuance by the local housing agency 38 shall result in denial of such application, and no further applications 39 for the same eligible construction shall be permitted. The local housing 40 agency shall issue not more than three checklists per application. An 41 application for a certificate of eligibility and reasonable cost shall 42 be denied when the local housing agency does not have a sufficient basis 43 to issue a certificate of eligibility and reasonable cost after the 44 timely response of an applicant to the third checklist concerning such 45 application. After the local housing agency has denied an application 46 for the reason described in the preceding sentence, such agency shall 47 permit no further applications for the same eligible construction. 48 (6) An application for a certificate of eligibility and reasonable 49 cost shall also include an affidavit of no harassment. 50 (A) Such affidavit shall set forth the following information: 51 (i) the name of every owner of record and owner of a substantial 52 interest in the eligible building or entity owning the eligible building 53 or sponsoring the eligible construction; and 54 (ii) a statement that none of such persons had, within the five years 55 prior to the completion date, been found to have harassed or unlawfully 56 evicted tenants by judgment or determination of a court or agency, 
 S. 9006 41 A. 10006 1 including a non-governmental agency having appropriate legal jurisdic- 2 tion under the penal law, any state or local law regulating rents, or 3 any state or local law relating to harassment of tenants or unlawful 4 eviction. 5 (B) No eligible building shall be eligible for an abatement pursuant 6 to paragraph (b) of this subdivision where: 7 (i) any affidavit required under this subparagraph has not been filed; 8 or 9 (ii) any such affidavit contains a willful misrepresentation or omis- 10 sion of any material fact; or 11 (iii) any owner of record or owner of a substantial interest in the 12 eligible building or entity owning the eligible building or sponsoring 13 the eligible construction has been found, by judgment or determination 14 of a court or agency, including a non-governmental agency having appro- 15 priate legal jurisdiction under the penal law, any state or local law 16 regulating rents, or any state or local law relating to harassment of 17 tenants or unlawful eviction, to have, within the five years prior to 18 the completion date, harassed or unlawfully evicted tenants, until and 19 unless the finding is reversed on appeal. 20 (C) Notwithstanding the provisions of any general, special, or local 21 law to the contrary, the corporation counsel or other legal represen- 22 tative of a city having a population of one million or more or the 23 district attorney of any county located in a city with a population of 24 one million or more, may institute an action or proceeding in any court 25 of competent jurisdiction that may be appropriate or necessary to deter- 26 mine whether any owner of record or owner of a substantial interest in 27 the eligible building or entity owning the eligible building or sponsor- 28 ing the eligible construction has harassed or unlawfully evicted tenants 29 as described in this subparagraph. 30 (7) Notwithstanding the provisions of any general, special, or local 31 law to the contrary, the local housing agency may require by rules, 32 regulations, and guidance documents that an application for a certif- 33 icate of eligibility and reasonable cost be filed electronically. 34 (8) The local housing agency may require an applicant to demonstrate 35 compliance with the housing maintenance code. If hazardous or immediate- 36 ly hazardous violations exist, the local housing agency may require the 37 applicant to remediate such violations and may impose a penalty in an 38 amount set forth in rules, regulations, and guidance documents if the 39 applicant fails to clear the violation. 40 (e) Additional requirements for an eligible rental building other than 41 one owned and operated by a limited-profit housing company. In addition 42 to all other conditions of eligibility for rehabilitation program bene- 43 fits set forth in this subdivision, an eligible rental building, other 44 than one owned and operated by a limited-profit housing company, shall 45 also comply with all provisions of this paragraph. Notwithstanding the 46 foregoing, an eligible rental building that is the recipient of substan- 47 tial governmental assistance shall not be required to comply with the 48 provisions of subparagraph two of this paragraph. 49 (1) Notwithstanding any provision of rent regulation to the contrary, 50 any market rental unit within such eligible rental building subject to 51 rent regulation as of the filing date of the application for a certif- 52 icate of eligibility and reasonable cost and any affordable rental unit 53 within such eligible rental building shall be subject to rent regulation 54 until such unit first becomes vacant after the expiration of the 55 restriction period at which time such unit, unless it would be subject 56 to rent regulation for reasons other than the provisions of this subdi- 
 S. 9006 42 A. 10006 1 vision, shall be deregulated, provided, however, that during the 2 restriction period, no exemption or exclusion from any requirement of 3 rent regulation shall apply to such dwelling units. 4 (2) Additional requirements for an eligible rental building that is 5 not a recipient of substantial governmental assistance. 6 (A) Not less than fifty percent of the dwelling units in such eligible 7 rental building shall be designated as affordable rental units. 8 (B) The owner of such eligible rental building shall ensure that no 9 affordable rental unit is held off the market for a period that is long- 10 er than reasonably necessary. 11 (C) The owner of such eligible rental building shall waive the 12 collection of any major capital improvement rent increase granted by the 13 New York state division of housing and community renewal pursuant to 14 rent regulation that is attributable to eligible construction for which 15 such eligible rental building receives rehabilitation program benefits, 16 and shall file a declaration with the New York state division of housing 17 and community renewal providing such waiver. The local housing agency 18 shall not require an owner to file such waiver until the application for 19 rehabilitation program benefits has been approved. 20 (D) An affordable rental unit shall not be rented on a temporary, 21 transient or short-term basis. Every lease and renewal thereof for an 22 affordable rental unit shall be for a term of one or two years, at the 23 option of the tenant, and shall include a notice in at least twelve- 24 point type informing such tenant of their rights pursuant to this subdi- 25 vision, including an explanation of the restrictions on rent increases 26 that may be imposed on such affordable rental unit. 27 (E) The local housing agency may establish by rules, regulations, and 28 guidance documents such requirements as the local housing agency deems 29 necessary or appropriate for designating affordable rental units, 30 including, but not limited to, designating the unit mix and distribution 31 requirements of such affordable rental units in an eligible building. 32 (3) The owner of such eligible rental building shall not engage in or 33 cause any harassment of the tenants of such eligible rental building or 34 unlawfully evict any such tenants during the restriction period. 35 (4) No dwelling units within such eligible rental building shall be 36 converted to cooperative or condominium ownership during the restriction 37 period. 38 (5) Any non-compliance of an eligible rental building with the 39 provisions of this paragraph shall permit the local housing agency to 40 take the following action: 41 (A) extend the restriction period; 42 (B) increase the number of affordable rental units in such eligible 43 rental building; 44 (C) impose a penalty of not more than the product of one thousand 45 dollars per instance of non-compliance and the number of dwelling units 46 contained in such eligible rental building; and 47 (D) terminate or revoke any rehabilitation program benefits in accord- 48 ance with paragraph (m) of this subdivision. 49 (f) Compliance with applicable law. Rehabilitation program benefits 50 shall not be allowed for any eligible building unless and until such 51 eligible building complies with all applicable provisions of law. Reha- 52 bilitation program benefits shall not be allowed if the local housing 53 agency determines that eligible construction was not carried out in 54 conformity with all applicable provisions of law. 55 (g) Tenant notification. Notwithstanding any provision of this section 56 to the contrary, no rehabilitation program benefits shall be granted for 
 S. 9006 43 A. 10006 1 any eligible construction with a commencement date on or after the 2 effective date of this subdivision unless the applicant provides to 3 tenants, if any, of such eligible building not more than one hundred 4 eighty days nor less than thirty days prior to the commencement date, 5 notice of the following information: 6 (1) The proposed work; 7 (2) The identity and contact information of the eligible building's 8 representative; and 9 (3) The tenants' rights under applicable law with respect to such 10 work; provided that, in the case of a loan program supervised by the 11 local housing agency, such agency may provide the required notice to the 12 tenants. 13 (h) Notice of intent. An applicant for rehabilitation program benefits 14 for any eligible construction with a commencement date on or after the 15 effective date of this subdivision shall file with the local housing 16 agency a form supplied by such agency which: 17 (1) States an intention to file for rehabilitation program benefits; 18 (2) Describes the work for which rehabilitation program benefits will 19 be claimed; 20 (3) Estimates the cost of such work which will be eligible for reha- 21 bilitation program benefits; and 22 (4) Provides proof of the notice required under paragraph (g) of this 23 subdivision. Such form shall be filed prior to the commencement date. If 24 the scope of such work or the estimated cost thereof changes materially, 25 such applicant shall file a revised notice of intent. An applicant who 26 fails to comply with the requirements of this subdivision shall be 27 subject to a penalty not to exceed one hundred percent of the filing fee 28 otherwise payable pursuant to subparagraph three of paragraph (d) of 29 this subdivision. 30 (i) Implementation of rehabilitation program benefits. Upon issuance 31 of a certificate of eligibility and reasonable cost and payment of 32 outstanding fees, the local housing agency shall be authorized to trans- 33 mit such certificate of eligibility and reasonable cost to the local 34 agency responsible for real property tax assessment. Upon receipt of a 35 certificate of eligibility and reasonable cost, the local agency respon- 36 sible for real property tax assessment shall certify the amount of taxes 37 to be abated pursuant to paragraph (b) of this subdivision and pursuant 38 to such certificate of eligibility and reasonable cost provided by the 39 local housing agency. 40 (j) Outstanding taxes and charges. Rehabilitation program benefits 41 shall not be allowed for an eligible building in either of the following 42 cases: 43 (1) there are outstanding real estate taxes or water and sewer charges 44 or payments in lieu of taxes that are due and owing as of the last day 45 of the tax period preceding the date of the receipt of the certificate 46 of eligibility and reasonable cost by the local agency responsible for 47 real property tax assessment; or 48 (2) real estate taxes or water and sewer charges due at any time 49 during the authorized term of such benefits remain unpaid for one year 50 after the same are due and payable. 51 (k) Additional limitations on eligibility. (1) Rehabilitation program 52 benefits shall not be allowed for any eligible building receiving tax 53 exemption or abatement concurrently for rehabilitation or new 54 construction under any other provision of state or local law or ordi- 55 nance, including any other subdivision of this section, with the excep- 56 tion of any eligible construction to an eligible building receiving a 
 S. 9006 44 A. 10006 1 tax exemption or abatement under the provisions of the private housing 2 finance law; 3 (2) Rehabilitation program benefits shall not be allowed for any item 4 of eligible construction in an eligible building if such eligible build- 5 ing is receiving tax exemption or abatement for the same or a similar 6 item of eligible construction as of the December thirty-first preceding 7 the date of application for a certificate of eligibility and reasonable 8 cost for such rehabilitation program benefits; 9 (3) Where the eligible construction includes or benefits a portion of 10 an eligible building that is not occupied for dwelling purposes, the 11 assessed valuation of such eligible building and the cost of the eligi- 12 ble construction shall be apportioned so that rehabilitation program 13 benefits shall not be provided for eligible construction made for other 14 than dwelling purposes; and 15 (4) Rehabilitation program benefits shall not be applied to abate the 16 taxes upon the land portion of real property, which shall continue to be 17 taxed based upon the assessed valuation of the land and the applicable 18 tax rate at the time such taxes are levied. 19 (l) Re-inspection penalty. If the local housing agency cannot verify 20 the eligible construction claimed by an applicant upon the first 21 inspection by the local housing agency of the eligible building, such 22 applicant shall be required to pay ten times the actual cost of any 23 additional inspection needed to verify such eligible construction. 24 (m) Strict liability for inaccurate applications. If the local housing 25 agency determines that an application for a certificate of eligibility 26 and reasonable cost contains a material misstatement of fact or omission 27 of fact, the local housing agency may reject such application and bar 28 the submission of any other application pursuant to this subdivision 29 with respect to such eligible building for a period not to exceed three 30 years. An applicant shall not be relieved from liability under this 31 paragraph because it submitted its application under a mistaken belief 32 of fact. Furthermore, any person or entity that files more than six 33 applications containing such a material misstatement of fact or omission 34 of fact within any twelve-month period shall be barred from submitting 35 any new application for rehabilitation program benefits on behalf of any 36 eligible building for a period not to exceed five years. 37 (n) False statements. Any person who shall knowingly and willfully 38 make any false statement or omission as to any material matter in any 39 application for a certificate of eligibility and reasonable cost shall 40 be guilty of an offense punishable by a fine of not more than five 41 hundred dollars, or imprisonment for not more than ninety days, or both. 42 (o) Investigatory authority. The local housing agency may require such 43 certifications and consents necessary to access records, including other 44 tax records, as may be deemed appropriate to enforce the eligibility 45 requirements of this subdivision. For purposes of determining and certi- 46 fying eligibility for rehabilitation program benefits and the reasonable 47 cost of any eligible construction, the local housing agency shall be 48 authorized to: 49 (1) administer oaths to and take the testimony of any person, includ- 50 ing, but not limited to, the owner of such eligible building; 51 (2) issue subpoenas requiring the attendance of such persons and the 52 production of any bills, books, papers or other documents as it may deem 53 necessary; 54 (3) make preliminary estimates of the maximum reasonable cost of such 55 eligible construction; 
 S. 9006 45 A. 10006 1 (4) establish maximum allowable costs of specified units, fixtures or 2 work in such eligible construction; 3 (5) require the submission of plans and specifications of such eligi- 4 ble construction before the commencement thereof; 5 (6) require physical access to inspect the eligible building; and 6 (7) on an annual basis, require the submission of leases for any 7 dwelling unit in a building granted a certificate of eligibility and 8 reasonable cost. 9 (p) Termination or revocation. Failure to comply with the provisions 10 of this subdivision, any rules, regulations, and guidance documents 11 promulgated thereunder, or any mutual company regulatory agreement or 12 mutual redevelopment company regulatory agreement entered into there- 13 under, may result in termination or revocation of any rehabilitation 14 program benefits retroactive to the commencement thereof. Such termi- 15 nation or revocation shall not exempt such eligible building from 16 continued compliance with the requirements of this subdivision, such 17 rules, regulations, and guidance documents, and such mutual company 18 regulatory agreement or mutual redevelopment company regulatory agree- 19 ment. 20 (q) Criminal liability for unauthorized uses. In the event that any 21 recipient of rehabilitation program benefits uses any dwelling unit in 22 such eligible building in violation of the requirements of any rules and 23 regulations promulgated pursuant to this subdivision, such recipient 24 shall be guilty of an unclassified misdemeanor punishable by a fine in 25 an amount equivalent to double the value of the gain of such recipient 26 from such unlawful use or imprisonment for not more than ninety days, or 27 both. 28 (r) Private right of action. Any prospective, present, or former 29 tenant of an eligible rental building may sue to enforce the require- 30 ments and prohibitions of this subdivision, or any rules and regulations 31 promulgated thereunder, in the supreme court of New York. Any such indi- 32 vidual harmed by reason of a violation of such requirements and prohibi- 33 tions may sue therefor in the supreme court of New York on behalf of 34 themselves, and shall recover threefold the damages sustained and the 35 cost of the suit, including a reasonable attorney's fee. The local hous- 36 ing agency may use any court decision under this paragraph that is 37 adverse to the owner of an eligible building as the basis for further 38 enforcement action. Notwithstanding any other provision of law, an 39 action by a tenant of an eligible rental building under this paragraph 40 shall be commenced within six years from the date of the latest 41 violation. 42 (s) Appointment of receiver. In addition to the remedies for non-com- 43 pliance provided for in subparagraph five of paragraph (e) of this 44 subdivision, the local housing agency may make application for the 45 appointment of a receiver in accordance with the procedures contained in 46 applicable rules, regulations, and guidance documents of the local hous- 47 ing agency. Any receiver appointed pursuant to this paragraph shall be 48 authorized, in addition to any other powers conferred by law, to effect 49 compliance with the provisions of this subdivision and rules, regu- 50 lations, and guidance documents of the local housing agency. Any expend- 51 itures incurred by the receiver to effect such compliance shall consti- 52 tute a debt of the owner and a lien upon the property, and upon the 53 rents and income thereof, in accordance with the procedures contained in 54 such rules, regulations, and guidance documents. The local housing agen- 55 cy in its discretion may provide funds to be expended by the receiver, 
 S. 9006 46 A. 10006 1 and such funds shall constitute a debt recoverable from the owner in 2 accordance with applicable local laws or ordinances. 3 (t) Reporting. No later than two years after the effective date of 4 this subdivision, and annually thereafter, the local housing agency, in 5 consultation with the department of finance, shall submit to the mayor 6 and the speaker of the council and post on its website a report on the 7 actions by the local housing agency in the preceding fiscal year related 8 to rehabilitation program benefits. Such report shall include, but not 9 be limited to: 10 (1) The total amount of the rehabilitation program benefits approved 11 for each eligible building, the number of eligible buildings in each 12 community district, neighborhood tabulation area, council district, New 13 York state assembly district, and New York state senate district, the 14 building classification, in accordance with section three hundred two of 15 the New York city building code, of each such eligible building, the 16 number of dwelling units in each such eligible building, and the number 17 of qualifying rental units in each such eligible building; and 18 (2) The number of eligible buildings whose rehabilitation program 19 benefits were terminated or revoked and the number of eligible buildings 20 against which actions were taken, pursuant to clauses (A), (B) and (C) 21 of subparagraph five of paragraph (e) of this subdivision, to address 22 noncompliance with the provisions of such subdivision, and the street 23 address of each such eligible building. 24 (u) Updates to the certified reasonable cost schedule. When updating 25 the certified reasonable cost schedule, the local housing agency shall 26 consider the factors such agency deems relevant, such as the require- 27 ments imposed on eligible buildings by local law, including, but not 28 limited to, articles three hundred two, three hundred twenty and three 29 hundred twenty-one of chapter three of title twenty-eight of the admin- 30 istrative code of the city of New York, and the effects of inflation on 31 such costs since the prior date the certified reasonable cost schedule 32 was updated. The local housing agency shall publish the certified 33 reasonable cost schedule on its website. 34 § 2. This act shall take effect immediately. 35 PART P 36 Section 1. The penal law is amended by adding a new section 241.07 to 37 read as follows: 38 § 241.07 Aggravated harassment of a rent regulated tenant. 39 An owner is guilty of aggravated harassment of a rent regulated tenant 40 when: 41 1. With intent to induce two or more rent regulated tenants occupying 42 different housing accommodations in two or more residential buildings to 43 vacate such housing accommodations, such owner intentionally engages in 44 a systematic ongoing course of conduct that: 45 (a) impairs the habitability of such housing accommodations; or 46 (b) creates or maintains a condition which endangers the safety or 47 health of one or more of the dwellings' rent regulated tenants; or 48 (c) is reasonably likely to interfere with or disturb, and does inter- 49 fere with or disturb, the comfort, repose, peace or quiet of one or more 50 of such rent regulated tenants in their use and occupancy of such hous- 51 ing accommodation including, but not limited to, the interruption or 52 discontinuance of essential services. 53 2. Such owner commits the crime of harassment of a rent regulated 54 tenant in the first degree as defined in section 241.05 of this article 
 S. 9006 47 A. 10006 1 and has previously been convicted within the preceding five years of 2 such crime. 3 The good faith commencement and pursuit of a lawful eviction action by 4 an owner against a rent regulated tenant in a court of competent juris- 5 diction shall not, by itself, constitute a "systematic ongoing course of 6 conduct" in violation of paragraph (c) of subdivision one of this 7 section. 8 Aggravated harassment of a rent regulated tenant is a class D felony. 9 § 2. This act shall take effect on the ninetieth day after it shall 10 have become a law. 11 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 12 sion, section or part of this act shall be adjudged by any court of 13 competent jurisdiction to be invalid, such judgment shall not affect, 14 impair, or invalidate the remainder thereof, but shall be confined in 15 its operation to the clause, sentence, paragraph, subdivision, section 16 or part thereof directly involved in the controversy in which such judg- 17 ment shall have been rendered. It is hereby declared to be the intent of 18 the legislature that this act would have been enacted even if such 19 invalid provisions had not been included herein. 20 § 3. This act shall take effect immediately provided, however, that 21 the applicable effective date of Parts A through P of this act shall be 22 as specifically set forth in the last section of such Parts.