ASSEMBLY BILL #A9558-B SAME AS SENATE Uni. BILL #S6458-C

LAWS OF NEW YORK, 2006

CHAPTER 58

AN ACT to amend the education law, in relation to computation of school

aid (Part A); to amend the education law, in relation to school aid;

to amend chapter 756 of the laws of 1992 relating to funding a program

for work force education conducted by a consortium for worker educa-

tion in New York city, in relation to reimbursement for the 2006-07

school year and to the effectiveness of such chapter; 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

of such chapter; to amend chapter 472 of the laws of 1998 amending the

education law relating to the lease of school buses by school

districts, in relation to the effectiveness of such chapter; to amend

chapter 405 of the laws of 1999 amending the real property tax law and

other laws relating to improving the administration of the school tax

relief (STAR) program, in relation to the effectiveness of such chap-

ter; to amend the real property tax law, in relation to special equal-

ization rates for the Tuckahoe union free school district; to amend

the education law, in relation to school health services; to amend

chapter 57 of the laws of 2004 amending the labor law, the general

business law and various other laws relating to implementation of the

state fiscal plan for the 2004-2005 state fiscal year, in relation to

the effectiveness thereof; to amend the arts and cultural affairs law,

in relation to creating the New York state cultural education trust;

and providing for the repeal of certain provisions upon expiration

thereof (Part A-1); to amend the education law and the public authori-

ties law, in relation to expanding our children's education and learn-

ing (EXCEL) (Part A-2); to amend the public authorities law, the

education law and the state finance law, in relation to the issuance

of bonds by the New York city transitional finance authority; (Part

A-3) to amend the education law, in relation to diplomas of

distinction, records to be kept by school districts, and the appor-

tionment of public moneys to certain school districts; to amend chap-

ter 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 certain expiration and repeal

dates contained therein; in relation to the effectiveness thereof; in

relation to establishing a temporary inter-agency task force on tran-

sition from early intervention to special education; and to amend the

public authorities law and the education law, in relation to enacting

the "city of Syracuse and the board of education of the city school

district of the city of Syracuse cooperative school reconstruction

act" (Part A-4); and to amend the education law, in relation to appor-

tionment of public moneys to school districts and to funding of

schools and libraries; to amend the public authorities law, in

relation to funding for the Shoreham-Wading River Central school

district and special school purpose municipalities; providing addi-

tional general support for the public schools; (Part A-5) to amend the

general business law, in relation to the transfer of authority over

radioactive materials and radiation equipment from the department of

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

CHAP. 58 2

labor to the department of health; and to amend the public health law,

in relation to the powers and duties of the public health council

(Part B); Intentionally omitted (Part C); to amend the social services

law, the business corporation law, the not-for-profit corporation law

and the state finance law, in relation to child day care licensing,

registration and enforcement; to repeal subdivision 2 of section 460-a

of the social services law, relating to certificates of incorporation;

to repeal paragraph (d) of section 201 of the business corporation

law, relating to approval of child day care certificates of incorpo-

ration; and to repeal section 405 of the business corporation law,

relating to approval of certificate of incorporation (Part D); to

amend the social services law, in relation to establishing a medicaid

waiver for child welfare (Part E); in relation to sexually exploited

children (Part F); in relation to authorizing New York city, Westches-

ter county and Monroe county to test best practices in portable infor-

mation technology for child protective services caseworkers; and

providing for the expiration of such provisions (Part G); to amend the

executive law, in relation to facilities of the office of children and

family services (Part H); to amend the tax law, in relation to provid-

ing an enhanced earned income tax credit (Part I); to amend the social

services law, in relation to holding districts responsible for achiev-

ing a fifty percent work participation rate for families and single

adults receiving public assistance; and to repeal subdivision 17 of

section 153 of the social services law relating to reduction of a

social services district's state reimbursement for administration of

certain programs due to its failure to meet certain participation

rates for work requirements (Part J); to amend the education law, in

relation to accelerated study (Part K); to direct a report on the

tuition assistance program; and providing for the repeal of such

provisions upon expiration thereof (Part L); to amend the education

law, in relation to a change in circumstance of income; and providing

for the repeal of such provisions upon expiration thereof (Part M); to

amend the education law, in relation to part-time tuition assistance

program awards (Part N); to amend the education law, in relation to

community colleges (Part O); to amend the education law, in relation

to the New York math and science teaching incentive program awards

(Part P); to amend chapter 57 of the laws of 2005 amending the labor

law and other laws relating to implementing the state fiscal plan for

the 2005-2006 state fiscal year, in relation to current restrictions

on the execution of private contracts for the higher education facili-

ties capital matching grants program (Part Q); to amend the education

law, in relation to tuition benefits for the recruitment incentive and

retention program (Part R); to amend chapter 31 of the laws of 1985,

amending the education law relating to regents scholarships in certain

professions, in relation to extending the effectiveness of certain

provisions thereof (Part S); to establish the empire innovation

program for the state university of New York (Part T); to establish

the empire innovation program for the city university of New York

(Part U); to amend the state finance law, in relation to the arts

exhibition revolving fund (Part V); to amend a chapter of the laws of

2006, amending the economic development law and other laws relating to

reauthorizing the New York power authority to make contributions to

the general fund and authorize the continuation of New York power

authority economic development programs, including the power for jobs

and energy cost savings benefit programs, as proposed in legislative

bill numbers S. 6459-C and A.9559-B, in relation to submitting to the

3 CHAP. 58

comptroller for review and audit the books and accounts of the author-

ity (Part W); and to authorize the New York state urban development

corporation, the dormitory authority of the state of New York, the New

York state environmental facilities corporation, the New York state

housing finance agency and the New York state thruway authority to

issue bonds or notes in support of priority economic development

projects (Part X)

Became a law April 12, 2006, with the approval of the Governor, except

for item indicated on the attached memorandum. Passed by a majority

vote, three-fifths being present.

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

which are necessary to implement the state fiscal plan for the 2006-2007

state fiscal year. Each component is wholly contained within a Part

identified as Parts A through X. 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, includ-

ing the effective date of the Part, which makes a reference to a section

"of this act", when used in connection with that particular component,

shall be deemed to mean and refer to the corresponding section of the

Part in which it is found. Section three of this act sets forth the

general effective date of this act.

PART A

Section 1. For additional general support for the public schools each

school district shall be entitled to receive an additional amount equal

to the sum of:

(1) The additional FLEX aid equivalent which shall equal the product

of one one-hundredths (0.01) multiplied by an amount equal to that set

forth for each school district as "FLEX AID" under the heading "2005-06

Base Year Aids" in the school aid computer listing produced by the

commissioner in support of the executive budget request for the 2006-07

school year and entitled "BT131-6";

(2) The additional building aid equivalent which shall equal the posi-

tive difference, if any, of the building aid equivalent less the build-

ing aid equivalent deduction, where (i) the building aid equivalent

shall mean the amount computed for the school district for the current

year pursuant to subdivisions 6, 6-a, 6-b, 6-c, 6-e and 6-f and para-

graph c of subdivision 14 of section 3602 of the education law,

provided, however that for any project which is eligible for an appor-

tionment pursuant to subparagraph 3 of paragraph e of subdivision 6 of

section 3602 of the education law, but which did not yet have a certif-

ication that a general construction contract had been awarded for such

project by or on behalf of the district on file with the commissioner of

education as of the date upon which an electronic data file was created

for the purposes of the estimated apportionments due and owing during

the current school year produced by the commissioner of education in

February, 2006, such debt service or lease-purchase or other annual

payments under a lease-purchase agreement or an equivalent agreement

that would be incurred during the current year based on an assumed amor-

tization to be established by the commissioner of education pursuant to

CHAP. 58 4

subdivision 6 of section 3602 of the education law of the approved

project costs to be financed shall not be current year approved expendi-

tures for debt service payable from the amount computed pursuant to the

provisions herein, and (ii) the building aid equivalent deduction shall

mean the amount computed for the school district pursuant to subdivi-

sions 6, 6-a, 6-b, 6-c, 6-e and 6-f and paragraph c of subdivision 14 of

section 3602 of the education law as such subdivisions existed on Decem-

ber l, 2005, provided that such amount shall not include the amount that

would otherwise be payable in the 2006-07 school year for current year

approved expenditures for debt service for any project which is eligible

for an apportionment pursuant to subparagraph 3 of paragraph e of subdi-

vision 6 of section 3602 of the education law, but which did not yet

have a certification that a general construction contract had been

awarded for such project by or on behalf of the district on file with

the commissioner of education as of the date upon which an electronic

data file was created for the school aid computer listing produced by

the commissioner of education in support of the executive budget request

for the 2006-07 school year and entitled "BT131-6", and provided further

that, notwithstanding any provisions of law to the contrary, for the

building aid equivalent deduction computed in the 2006-07 school year

pursuant to such subdivisions 6, 6-a, 6-b, 6-c, 6-e and 6-f and para-

graph c of subdivision 14 of section 3602 of the education law; and any

other provisions herein, no district shall receive a building aid equiv-

alent deduction in excess of the amount computed as based on data on

file for the school aid computer listing produced by the commissioner of

education in support of the executive budget request for the 2006-07

school year and entitled "BT131-6";

(3) The additional transportation aid equivalent which shall equal the

positive difference, if any, of the transportation aid equivalent less

the transportation aid equivalent deduction, where (i) the transporta-

tion aid equivalent shall mean the amount computed for the school

district for the current year pursuant to subdivision 7 of section 3602

of the education law, provided, however that expenditures to the New

York city metropolitan transportation authority for public service

transportation during the 2005-06 school year shall not be deemed

approved transportation expense for purposes of such computation and

(ii) the transportation aid equivalent deduction shall mean the amount

computed for the school district pursuant to subdivision 7 of section

3602 of the education law, but not more than the amount computed for

such school district pursuant to subdivision 7 of section 3602 of the

education law, based on data on file with the commissioner of education

as of the date upon which an electronic data file was created for the

school aid computer listing produced by the commissioner of education in

support of the executive budget request for the 2006-07 school year and

entitled "BT131-6", provided that, notwithstanding any inconsistent

provisions of law to the contrary, approved transportation expense for

public service transportation for transportation aid payable in the

2006-07 school year pursuant to subdivision 7 of section 3602 of the

education law shall not include any expenditures to the New York city