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