Preview
INDEX NO. 156916/2021
NYSCEF DOC. NO. 119
STATE OF NEW YORK EIVED NYSCEF: 04/18/2022
s. 8006 c A. 9006 c
SENATE - ASSEMBLY
January 19, 2022
IN SENATE A BUDGET BILL,
submitted by the Governor pursuant to arti
cle seven of the Constitution
read twice and ordered printed, and
when printed to be committed to the Committee on Finance committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY A BUDGET BILL, submitted by the Governor pursuant to
article seven of
Constitution the
read once and referred to the
Committee on Ways and Means committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to school contracts for
excellence; to amend the education law, in relation to foundation aid;
to amend the education law, in relation to maintenance of equity aid;
to amend chapter 56 of the laws of 2021, relating to funding from the
elementary and secondary school emergency relief fund allocated by the
American rescue plan act of 2021, in relation to every local educa
tional agency receiving funding from the elementary and secondary
school emergency relief fund allocated by the American rescue plan act
of 2021 shall be required to post on its website a plan by school year
of how such funds will be expended; to amend the education law, in
relation to building aid and the New York state energy research and
development authority P 12 schools clean green schools initiative; to
amend the education law, in relation to building aid final cost report
penalties; transportation contract penalties; to amend the education
law, in relation to modifying the length of school sessions; to amend
the education law, in relation to supplemental public excess cost aid;
to amend the education law, in relation to academic enhancement aid;
to amend the education law, in relation to high tax aid; to amend the
education law, in relation to extending the state education depart
ment's authority to administer the statewide universal full day pre
EXPLANATION Matter in italics (underscored) is new; matter in brackets
is old law to be omitted.
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kindergarten program; to amend the education law, in relation to
universal prekindergarten expansions; to amend chapter 756 of the laws
of 1992, relating to funding a program for work force education
conducted by the consortium for worker education in New York city, in
relation to reimbursement for the 2022 2023 school year, withholding a
portion of employment preparation education aid and in relation to the
effectiveness thereof; to amend chapter 537 of the laws of 1976,
relating to paid, free and reduced price breakfast for eligible pupils
in certain school districts, in relation to lunch meal state subsidy;
to amend chapter 169 of the laws of 1994, relating to certain
provisions related to the 1994 95 state operations, aid to localities,
capital projects and debt service budgets, in relation to the effec
tiveness thereof; to amend chapter 147 of the laws of 2001, amending
the education law relating to conditional appointment of school
district, charter school or BOCES employees, in relation to the effec
tiveness thereof; to amend chapter 425 of the laws of 2002, amending
the education law relating to the provision of supplemental educa
tional services, attendance at a safe public school and the suspension
of pupils who bring a firearm to or possess a firearm at a school, in
relation to making certain provisions thereof permanent; to amend the
No Child Left Behind Act of 2001, in relation to making the provisions
thereof permanent; to amend chapter 552 of the laws of 1995, amending
the education law relating to contracts for the transportation of
school children, in relation to the effectiveness thereof; providing
for school bus driver training grants; providing for special appor
tionment for salary expenses; providing for special apportionment for
public pension accruals; to amend chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, in relation to
extending the school years to which apportionment for salary expenses
apply; to amend the education law, in relation to permitting the city
school district of the city of Rochester to make certain purchases
from the board of cooperative educational services of the supervisory
district serving its geographic region; to amend chapter 82 of the
laws of 1995, amending the education law and certain other laws relat
ing to state aid to school districts and the appropriation of funds
for the support of government, in relation to the effectiveness there
of; providing for set asides from the state funds which certain
districts are receiving from the total foundation aid; providing for
support of public libraries; and providing for the repeal of certain
provisions upon expiration thereof (Part A); to amend the education
law and the local finance law, in relation to zero emission school
buses (Subpart A); to amend the public authorities law, in relation to
the creation of a zero emission bus roadmap (Subpart B) (Part B);
intentionally omitted (Part C); to amend the education law, in
relation to state appropriations for
reimbursement of tuition credits
(Part D); to amend the education law,
in relation to the expansion of
the part time tuition assistance program (Part E); to amend the educa
tion law, in relation to eligibility requirements and conditions for
tuition assistance program awards; and to repeal certain provisions of
the education law relating to the ban on incarcerated individuals to
be eligible to receive state aid (Part F); to amend the education law,
in relation to setting tuition rates charged for recipients of the
excelsior scholarship (Part G); to amend the education law, in
relation to including certain apprenticeships in the definition of
"eligible educational institution" for the New York state college
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choice tuition savings program (Part H); intentionally omitted (Part
I); intentionally omitted (Part J); intentionally omitted (Part K); to
amend the social services law, in relation to child care assistance
(Part L);
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 M); to amend part C of chapter 83 of the laws of 2002, amending
the executive law and other laws relating to funding for children and
family services, in relation to extending the effectiveness thereof
(Part N); to amend the social services law, in relation to reimburse
ment for a portion of the costs of social services districts for care
provided to foster children in institutions, group residences, group
homes, and agency operated boarding homes (Part 0); intentionally
omitted (Part P); intentionally omitted (Part Q); to amend the execu
tive law, in relation to increasing the amount of reimbursement the
division of veterans' affairs shall provide to local veterans' service
agencies for the cost of maintenance of such agencies (Part R); 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 8); to amend part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, in relation to the effectiveness thereof (Part T);
to amend the social services law,
in relation to the public benefits
and requirements; and to repeal certain provisions of such law relat
ing thereto (Part U); intentionally omitted (Part Vi intentionally
omitted (Part W); intentionally omitted (Part X); intentionally omit
ted (Part Y); to utilize reserves in the mortgage insurance fund for
various housing purposes (Part 2); intentionally omitted (Part AA);
intentionally omitted (Part BB); intentionally omitted (Part CC);
intentionally omitted (Part DD); intentionally omitted (Part EE);
intentionally omitted (Part FF); to amend the executive law, in
relation to the state's language access policy (Part GG); to amend the
retirement and social security law, in relation to waiving approval
and income limitations on retirees employed in school districts and
board of cooperative educational services; and providing for the
repeal of such provisions upon expiration thereof (Part HH) ; inten
tionally omitted (Part II); to amend chapter 277 of the laws of 2021
amending the labor law relating to the calculation of weekly employ
ment insurance benefits for workers who are partially unemployed, in
relation to the effectiveness thereof (Part JJ); directing the office
of temporary and disability assistance to conduct a public outreach
program regarding utilities assistance (Part KK); to amend the social
services law, in relation to the savings plan demonstration project in
the city of New York; and to amend part K of chapter 58 of the laws of
2010 amending the social services law relating to establishing the
savings plan demonstration project, in relation to the effectiveness
thereof (Part LL); to repeal section 106 of the social services law
relating to mortgage repayment liens for public assistance benefici
aries (Part MM); requiring the state university of New York and the
city university of New York to report on the hiring of faculty pursu
ant to any state funding appropriated for such purposes (Part NN); to
amend the education law, in relation to removing the limit on the
total annual costs of the Senator Patricia K. McGee nursing faculty
scholarship program and relates to the number of awards that may be
given under the New York state young farmers loan forgiveness incen
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tive program (Part OO); in relation to constituting
chapter 13 of the
consolidated laws establishing the veterans'
services law and the
department of veterans' services; to amend the domestic relations law,
the education law, the election law, the environmental conservation
law, the executive law, the general municipal law, the labor law, the
mental hygiene law, the not for profit corporation law, the public
health law, the social services law, the state finance law, the New
York state defense emergency act, the administrative code of the city
of New York, the New York city charter, the cannabis law, the state
technology law, the county law, the economic development law, the
correction law, the civil service law, the general business law, the
general construction law, the highway law, the insurance law, the
judiciary law, the military law, the public housing law, the public
officers law, the private housing finance law, the real property tax
law, the tax law, the town law, the vehicle and traffic law, and the
workers! compensation law, in relation to replacing all instances of
the term "division of veterans services" with the term "department of
veterans' services" and making related conforming technical changes;
and to repeal certain provisions of the executive law relating to
veterans' services and of the military law relating to certain awards
and medals (Part PP); to establish the "ethics commission reform act
of 2022"; to amend the executive law, in relation to creating a
commission on ethics and lobbying in government; to amend the legisla
tive law,the public officers law, and the executive law, in relation
to making technical corrections thereto; and to repeal certain
provisions of the executive law relating thereto (Part QQ); to amend
the racing, pari mutuel wagering and breeding law, in relation to
gaming facility determinations and licensing (Part RR); to amend the
retirement and social security law, in relation to enacting reforms
related to public service performed during the COVID 19 pandemic (Part
SS); to amend the retirement and social security law, in relation to
providing reforms to Tier 5 and Tier 6 of the retirement system (Part
TT); to amend the penal law, in relation to criminal sale of firearms
(Subpart A); to amend the criminal procedure law, in relation to
appearance tickets issued to certain persons (Subpart B); to amend the
criminal procedure law, in relation to certain information the court
must consider and take into account for securing an order (Subpart C);
to amend the criminal procedure law, in relation to the failure to
comply with a discovery order and certificates of compliance (Subpart
D); to amend the family court act, in relation to the statute of limi
tations and jurisdiction for juvenile delinquency proceedings; and
community based treatment referrals (Subpart E); and to amend the
criminal procedure law, in relation to release for mental health
assessment and evaluation and involuntary commitment pending release
(Subpart F); and to amend the judiciary law and the executive law, in
relation to certain reports on pretrial release and detention (Subpart
G); to amend Kendra's law, in relation to extending the expiration
thereof; and to amend the mental hygiene law, in relation to extending
Kendra's law and assisted outpatient treatment (Subpart H) (Part UU);
in relation to enacting the private activity bond allocation act of
2022; and providing for the repeal of certain provisions upon expira
tion thereof (Part VV); to amend the public officers law, in relation
to permitting videoconferencing and remote participation in public
meetings under certain circumstances; and providing for the repeal of
such provisions upon expiration thereof (Part WW); to amend the public
health law, in relation to the minimum wage of home care aides (Part
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XX); to amend chapter 252 of the laws of 1968 relating to the
construction and financing of a stadium by the county of Erie and
authorizing, in aid of such financing, the leasing of such stadium and
exemption from current funds requirements, in relation to confirming
the intention of the legislature that the purposes mentioned therein
are public and governmental purposes of the county of Erie for which
exemption shall be allowed from real property taxation (Part YY); to
amend the social services law, in relation to establishing the health
care and mental hygiene worker bonuses (Part ZZ); to amend the social
services law, in relation to expanding Medicaid eligibility require
ments for seniors and disabled individuals; and relating to expanding
eligibility for the medicare savings program (Part AAA); to amend the
public health law and the social services law, in relation to permit
ting the commissioner of health to submit a waiver that expands eligi
bility for New York's basic health program and increases the federal
poverty limit cap for basic health program eligibility from two
hundred to two hundred fifty percent; to amend the social services
law, in relation to allowing pregnant individuals to be eligible for
the basic health program and maintain coverage in the basic health
program for one year post pregnancy and to deem a child born to an
individual covered under the basic health program to be eligible for
medical assistance; to amend the social services law, in relation to
cost sharing obligations for certain services and supports; and
providing for the repeal of certain provisions upon the expiration
thereof (Part BBB) ; to amend the social services law, in relation to
including expanded pre natal and post partum care as standard coverage
when determined to be necessary; and to repeal section 369 hh of the
social services law (Part CCC) ; to amend the public health law, in
relation to expanding benefits in the Child Health Plus Program, elim
inating the premium contribution for certain households and trans
ferring Child Health Plus rate setting authority from the Department
of Financial Services to the Department of Health (Part DDD); to amend
part E of chapter 55 of the laws of 2020, amending the state finance
law relating to establishing the criminal justice discovery compen
sation fund; amending the criminal procedure law relating to monies
recovered by county district attorneys before the filing of an accusa
tory instrument; and providing for the repeal of certain provisions
upon expiration thereof, in relation to extending the effectiveness
thereof; and to amend the judiciary law and the state finance law, in
relation to monies allocated to the chief administrator of the courts
and the division of criminal justice
services for the purpose of
completing certain reports (Part EEE); and to provide for the adminis
tration of certain funds and accounts related to the 2022 2023 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to the administration of certain funds and accounts;
to amend part D3 of
chapter 62 of the laws of 2003 amending the gener
al business law and other laws relating to implementing the state
fiscal plan for the 2003 2004 state fiscal year, in relation to the
deposit provisions of the tobacco settlement financing corporation
act; to amend part D of chapter 389 of the laws of 1997 relating to
the financing of the correctional facilities improvement fund and the
youth facility improvement fund, in relation to the issuance of
certain bonds or notes; to amend chapter 81 of the laws of 2002 relat
ing to providing for the administration of certain funds and accounts
related to the 2002 2003 budget, in relation to the issuance of
certain bonds & notes; to amend part Y of chapter 61 of the laws of
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2005, relating to providing for the administration of certain funds
and accounts related to the 2005 2006 budget, in relation to the issu
ance of certain bonds or notes; to amend the public authorities law,
in relation to the issuance of certain bonds or notes; to amend the
New York state medical care facilities finance agency act, in relation
to the issuance of certain bonds or notes; to amend the New York state
urban development act, in relation
corporation to the issuance of
certain bonds or notes; to amend chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the estab
lishment of the dedicated highway and bridge trust fund, in relation
to the issuance of certain bonds or notes; to amend the public author
ities law, in relation to the issuance of certain bonds or notes; to
amend the private
housing finance law, in relation to housing program
bonds and notes; to amend part D of chapter 63 of the laws of
2005, relating to the composition and responsibilities of the New
York state higher education capital matching grant board, in relation
to increasing the amount of authorized matching capital grants; to
amend the New York state urban development corporation act, in
relation to the nonprofit infrastructure capital investment program;
to amend the New York state urban development corporation act, in
relation to personal income tax notes for 2022, in relation to author
izing the dormitory authority of the state of New York and the urban
development corporation to enter into line of eredit facilities for
2022, and in relation to state supported debt issued during the 2022
fiscal year; to amend the state finance law, in relation to payments
of bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the state finance law, in relation to
the issuance of revenue bonds; to amend the New York state urban
development corporation act, in relation to permitting the dormitory
authority, the New York state urban development corporation, and the
thruway authority to issue bonds for the purpose of refunding obli
gations of the power authority of the state of New York to fund energy
efficiency projects at state agencies; to repeal subdivisions 4 and 5
of section 16 of part T of chapter 57 of the laws of 2007, relating to
providing for the administration of certain funds and accounts related
to the 2007 2008 budget; and providing for the repeal of certain
provisions upon expiration thereof (Part FFF)
The People of the State of New York, represented in Senate and Assem
bly, do enact as follows:
Section 1.
This act enacts into law major components of legislation
necessary implement to
the state education, labor, housing and family
assistance budget for the 2022 2023 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through FFF. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
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
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Section 1. Paragraph e of subdivision 1 of section 211 d of the educa
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2021, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight two thousand nine school year shall submit a contract for excel
lence for the two thousand nine two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
10 identified as in good standing and provided further that, a school
11 district that submitted a contract for excellence for the two thousand
12 nine two thousand ten school year, unless all schools in the district
13 are identified as in good standing, shall submit a contract for excel
14 lence for the two thousand eleven two thousand twelve school year which
15 shall, notwithstanding the requirements of subparagraph (vi) of para
16 graph a of subdivision
this two
section, of
provide for the expenditure
17 of an amount which
be not shall
less than the product of the amount
18 approved by the commissioner in the contract for excellence for the two
19 thousand nine two thousand ten school year, multiplied by the
20 district's gap elimination adjustment percentage and provided further
21 that, a school district that submitted a contract for excellence for the
22 two thousand eleven two thousand twelve school year, unless all schools
23 in the district are identified as in good standing, shall submit a
24 contract for excellence for the two thousand twelve two thousand thir
25 teen school year which shall, notwithstanding the requirements of
26 subparagraph (vi) of paragraph a of subdivision two of this section,
27 provide for the expenditure of an amount which shall be not less than
28 the amount approved by the commissioner in the contract for excellence
29 for the two thousand eleven two thousand twelve school year and
30 provided further that, a school district that submitted a contract for
31 excellence for the two thousand twelve two thousand thirteen school
32 year, unless all schools in the district are identified as in good
33 standing, shall submit a contract for excellence for the two thousand
34 thirteen two thousand fourteen school year which shall, notwithstanding
35 the requirements of subparagraph (vi) of paragraph a of subdivision two
36 of this section, provide for the expenditure of an amount which shall be
37 not less than the amount approved by the commissioner in the contract
38 for excellence for the two
twelve thousand
two thousand thirteen school
39 year and provided further school district
that, a that submitted a
40 contract for excellence for the two thousand thirteen two thousand
41 fourteen school year, unless all schools in the district are identified
42 as in good standing, shall submit a contract for excellence for the two
43 thousand fourteen two thousand fifteen school year which shall,
44 notwithstanding the requirements of subparagraph (vi) of paragraph a of
45 subdivision two of this section, provide for the expenditure of an
46 amount which shall be not less than the amount approved by the commis
47 sioner in the contract for excellence for thousand thirteen two the two
48 thousand fourteen school year; that,
and a school
provided further
49 district that submitted a contract for excellence for the two thousand
50 fourteen two thousand fifteen school year, unless all schools in the
51 district are identified as in good standing, shall submit a contract for
52 excellence for the two thousand fifteen two thousand sixteen school
53 year which shall, notwithstanding the requirements of subparagraph (vi)
54 of paragraph a of subdivision two of this section, provide for the
55 expenditure of an amount which shall be not less than the amount
56 approved by the commissioner in the contract for excellence for the two
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thousand fourteen two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen two thou
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
10 for the two thousand fifteen two thousand sixteen school year; and
11 provided further that, a school district that submitted a contract for
12 excellence for the two thousand sixteen two thousand seventeen school
13 year, unless all schools in the district are identified as in good
14 standing, shall submit a contract for excellence for the two thousand
15 seventeen two thousand eighteen school year which shall, notwithstand
16 ing the requirements of subparagraph (vi) of paragraph a of subdivision
17 two of this section, provide for the expenditure of an amount which
18 shall be not less than the amount approved by the commissioner in the
19 contract for excellence for the two thousand sixteen two thousand
20