Bill Text: NY A09508 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2018-2019 state fiscal year; enhances the ability of the state to enforce state and federal law relating to motor carriers, commercial drivers and bus operators (Part B); relates to enhancing the ability of the state to enforce state and federal law relating to the safety of rail fixed guideway public transportation systems under the oversight of the public transportation safety board (Part G); relates to the submission of reports relating to motor vehicles equipped with autonomous vehicle technology (Part H); relates to certain fines in the city of New York (Part N); extends certain provisions relating to the empire state economic development fund (Part O); relates to the powers of the New York state urban development corporation to make loans (Part R); extends the expiration date that permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service to March 31, 2019 (Part T); relates to brownfield opportunity areas (Part U); repeals provisions relating to the local share requirement for providers under the federal community services block grant program (Part V); prohibits denials, suspensions, or revocations of professional licenses for failure to pay student loans (Part W); relates to the effectiveness of provisions relating to the powers and duties of the dormitory authority (Part X); relates to extending provisions of law relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part Z); relates to the environmental protection fund, the hazardous waste remedial fund and the mitigation and remediation of solid waste sites (Part BB); relates to the Central Pine Barrens area and core preservation area (Part CC); authorizes utility and cable television assessments to provide funds to the department of health from cable television assessment revenues and to the departments of agriculture and markets, environmental conservation, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part DD); relates to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part GG); relates to foreclosure upon a reverse mortgage (Part II); requires lactation rooms in certain public buildings (Part JJ); directs the department of state to analyze and report on the feasibility of installing adult changing stations in public buildings (Part KK); relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part LL) relates to performance standards for aid to soil and water conservation districts (Part MM); relates to retrofit technology for diesel-fueled vehicles (Part NN); relates to fees for certification of pesticide applicators (Part OO); relates to beverage container requirements (Part PP); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part QQ); creates the small business innovation research/small business technology transfer technical assistance program; and repeals section 3102-c of the public authorities law relating thereto (Part RR); establishes the community development revolving loan program (Part SS); relates to the financing and construction of facilities by the dormitory authority for any not-for-profit affiliates or members of Cerebral Palsy Associations of New York State, Inc. and any successor in interest to any such organization (Part TT); relates to capital expenses relating to project necessary for the completion of Hudson River Park (Part UU); authorizes the taxation of certain lands owned by the state in Bowman Lake State Park (Part VV).
Spectrum: Committee Bill
Status: (Passed) 2018-04-12 - signed chap.58 [A09508 Detail]
Download: New_York-2017-A09508-Amended.html
Bill Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2018-2019 state fiscal year; enhances the ability of the state to enforce state and federal law relating to motor carriers, commercial drivers and bus operators (Part B); relates to enhancing the ability of the state to enforce state and federal law relating to the safety of rail fixed guideway public transportation systems under the oversight of the public transportation safety board (Part G); relates to the submission of reports relating to motor vehicles equipped with autonomous vehicle technology (Part H); relates to certain fines in the city of New York (Part N); extends certain provisions relating to the empire state economic development fund (Part O); relates to the powers of the New York state urban development corporation to make loans (Part R); extends the expiration date that permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service to March 31, 2019 (Part T); relates to brownfield opportunity areas (Part U); repeals provisions relating to the local share requirement for providers under the federal community services block grant program (Part V); prohibits denials, suspensions, or revocations of professional licenses for failure to pay student loans (Part W); relates to the effectiveness of provisions relating to the powers and duties of the dormitory authority (Part X); relates to extending provisions of law relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part Z); relates to the environmental protection fund, the hazardous waste remedial fund and the mitigation and remediation of solid waste sites (Part BB); relates to the Central Pine Barrens area and core preservation area (Part CC); authorizes utility and cable television assessments to provide funds to the department of health from cable television assessment revenues and to the departments of agriculture and markets, environmental conservation, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part DD); relates to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part GG); relates to foreclosure upon a reverse mortgage (Part II); requires lactation rooms in certain public buildings (Part JJ); directs the department of state to analyze and report on the feasibility of installing adult changing stations in public buildings (Part KK); relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part LL) relates to performance standards for aid to soil and water conservation districts (Part MM); relates to retrofit technology for diesel-fueled vehicles (Part NN); relates to fees for certification of pesticide applicators (Part OO); relates to beverage container requirements (Part PP); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part QQ); creates the small business innovation research/small business technology transfer technical assistance program; and repeals section 3102-c of the public authorities law relating thereto (Part RR); establishes the community development revolving loan program (Part SS); relates to the financing and construction of facilities by the dormitory authority for any not-for-profit affiliates or members of Cerebral Palsy Associations of New York State, Inc. and any successor in interest to any such organization (Part TT); relates to capital expenses relating to project necessary for the completion of Hudson River Park (Part UU); authorizes the taxation of certain lands owned by the state in Bowman Lake State Park (Part VV).
Spectrum: Committee Bill
Status: (Passed) 2018-04-12 - signed chap.58 [A09508 Detail]
Download: New_York-2017-A09508-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9508--B IN ASSEMBLY January 18, 2018 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the vehicle and traffic law, in relation to enhancing the ability of the state to enforce state and federal law relating to motor carriers, commercial drivers and bus operators and to increase penalties for violations of state law relating thereto (Part A); intentionally omitted (Part B); to amend the transportation law, in relation to enhancing the ability of the state to enforce state and federal law relating to the safety of rail fixed guideway public transportation systems under the oversight of the department of trans- portation (Part C); intentionally omitted (Part D); to amend the transportation law, in relation to authorizing the department of transportation to charge one hundred twenty dollars for a semi-annual inspection of certain for-profit fleets (Part E); intentionally omit- ted (Part F); intentionally omitted (Part G); to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the submission of reports; and in relation to extending the effectiveness thereof (Part H); to amend the vehicle and traffic law and the state finance law, in relation to certain fines in the city of New York (Part I); inten- tionally omitted (Part J); to amend the tax law, in relation to the disposition of certain fees and assessments; to amend the public authorities law, in relation to the metropolitan transportation authority finance fund; and to amend the state finance law, in relation to the metropolitan transportation authority financial assistance fund (Part K); intentionally omitted (Part L); inten- tionally omitted (Part M); intentionally omitted (Part N); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part O); to amend the chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corpo- ration to make loans, in relation to the effectiveness thereof (Part EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12673-04-8A. 9508--B 2 P); to amend the executive law, the state finance law, the public authorities law, and the public buildings law, in relation to the reauthorization of the minority and women-owned business enterprise program; to amend chapter 261 of the laws of 1988, amending the state finance law and other laws relating to the New York state infrastruc- ture fund, in relation to the effectiveness of certain provisions thereof; to amend the state finance law, in relation to creating the minority and women-owned business enterprise fund; and to amend the executive law, in relation to establishing the workforce diversity program; and providing for the repeal of certain provisions upon expi- ration thereof (Part Q); intentionally omitted (Part R); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part S); intentionally omitted (Part T); to amend the general municipal law, in relation to brown- field opportunity areas (Part U); to repeal section 159-j of the exec- utive law, relating to the local share requirement for providers under the federal community services block grant program (Part V); to amend the banking law, in relation to requiring the licensure of student loan services (Subpart A); to amend the financial services law, in relation to student debt collectors (Subpart B); and relating to prohibiting adverse action against licensees based upon a student loan obligation (Subpart C)(Part W); intentionally omitted (Part X); to amend part S of chapter 58 of the laws of 2016, amending the New York state urban development corporation act relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, in relation to the effectiveness thereof (Part Y); intentionally omitted (Part Z); intentionally omitted (Part AA); to amend the environmental conservation law, in relation to the donation of excess food and recycling of food scraps (Part BB); to amend the environmental conservation law, in relation to the central pine barrens area and the core preservation area (Part CC); authoriz- ing utility and cable television assessments to provide funds to the department of health from cable television assessment revenues and to the departments of agriculture and markets, environmental conserva- tion, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part DD); authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agricul- ture and markets' Fuel NY program, from an assessment on gas and elec- tric corporations (Part EE); to amend the public authorities law, in relation to energy-related projects, programs and services of the power authority of the state of New York (Part FF); to amend the public authorities law, in relation to the provision of renewable power and energy by the power authority of the state of New York; and providing for the repeal of such provisions upon expiration thereof (Part GG); to amend the real property actions and proceedings law and the civil practice law and rules, in relation to foreclosure upon a reverse mortgage (Part HH); establishing the metropolitan transporta- tion sustainability workgroup; and providing for the repeal of such provisions upon expiration thereof (Subpart A); to amend the publicA. 9508--B 3 authorities law, in relation to the independent audit of capital elements (Subpart B); to amend the public authorities law, in relation to the creation of a supplemental revenue transparency program (Subpart C); to amend the executive law, in relation to a prohibition on diversion of funds dedicated to public transportation systems (Subpart D); and to amend the public authorities law, in relation to cashless tolling (Subpart E) (Part II); to amend the New York state urban development corporation act, in relation to economic development entities (Part JJ); to amend the New York state urban development corporation act and the economic development law, in relation to the creation of a searchable database (Part KK); to amend the New York state urban development corporation act, in relation to creating the small business innovation research/small business technology transfer technical assistance program; and repealing section 3102-c of the public authorities law relating thereto (Part LL); to amend the New York state urban development corporation act, in relation to estab- lishing the New York state innovation voucher program (Part MM); to amend the economic development law, in relation to restoring the reporting requirements for the START-UP NY program (Part NN); to amend the New York state urban development corporation act, in relation to the creation of the strategic investment in workforce development program (Part OO); to amend the environmental conservation law, in relation to establishing the New York state environmental justice act and grants (Part PP); to amend the environmental conservation law, the public service law, the public authorities law, the labor law and the community risk and resiliency act, in relation to establishing the New York state climate and community protection act (Part QQ); to amend the environmental conservation law, in relation to establishing a paint stewardship program (Part RR); to amend the business corporation law, the executive law, the general associations law, the limited liability law, the not-for-profit corporation law, the partnership law, the tax law, the administrative code of the city of New York, the real property law, the general business law, the navigation law, and the vehicle and traffic law, in relation to expanding service of proc- ess to the department of state in the city of New York (Part SS); to authorize, for certain public works undertaken pursuant to project labor agreements, use of the alternative delivery method known as design-build contracts; and providing for the repeal of such provisions upon expiration thereof (Part TT); establishing the "New York City Housing Authority Facilities Modernization Act"; and provid- ing for the repeal of such provisions upon expiration thereof (Subpart A); and to amend the public housing law, in relation to reporting on lead-based paint poisoning prevention and control (Subpart B)(Part UU); and to amend the vehicle and traffic law, in relation to photo speed violation monitoring systems in school speed zones in the city of New York; to amend chapter 189 of the laws of 2013, amending the vehicle and traffic law and the public officers law relating to estab- lishing in a city with a population of one million people or more a demonstration program implementing speed violation monitoring systems in school zones by means of photo devices, in relation to the effec- tiveness thereof; and to amend chapter 43 of the laws of 2014, amend- ing the vehicle and traffic law, the public officers law and the general municipal law relating to photo speed violation monitoring systems in school speed zones in the city of New York, in relation to making technical corrections thereto (Part VV)A. 9508--B 4 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 which are necessary to implement the state fiscal plan for the 2018-2019 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through VV. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, 7 including the effective date of the Part, which makes a reference to a 8 section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART A 13 Section 1. Subparagraph (iii) of paragraph (b) of subdivision 2 of 14 section 510 of the vehicle and traffic law, as amended by chapter 349 of 15 the laws of 1993, is amended to read as follows: 16 (iii) such registrations shall be suspended when necessary to comply 17 with subdivision nine of section one hundred forty or subdivision four 18 of section one hundred forty-five of the transportation law or with an 19 out of service order issued by the United States department of transpor- 20 tation. The commissioner shall have the authority to deny a registration 21 or renewal application to any other person for the same vehicle and may 22 deny a registration or renewal application for any other motor vehicle 23 registered in the name of the applicant where it has been determined 24 that such registrant's intent has been to evade the purposes of this 25 subdivision and where the commissioner has reasonable grounds to believe 26 that such registration or renewal will have the effect of defeating the 27 purposes of this subdivision. Any suspension issued pursuant to this 28 subdivision by reason of an out of service order issued by the United 29 States department of transportation shall remain in effect until such 30 time as the commissioner is notified by the United States department of 31 transportation or the commissioner of transportation that the order 32 resulting in the suspension is no longer in effect. 33 § 2. This act shall take effect immediately. 34 PART B 35 Intentionally Omitted 36 PART C 37 Section 1. Section 14 of the transportation law is amended by adding a 38 new subdivision 36 to read as follows: 39 36. a. To enforce the requirements of subsection (e) of section five 40 thousand three hundred twenty-nine of title forty-nine of the United 41 States Code, as amended from time to time, as it pertains to rail fixed 42 guideway public transportation systems. 43 b. For the purposes of this subdivision, the term "rail fixed guideway 44 public transportation system" shall mean any light, heavy, or rapid rail 45 system, monorail, inclined plane, funicular, trolley, or automated 46 guideway that (i) is not regulated by the federal railroad adminis- 47 tration and (ii) is included in the federal transit administration'sA. 9508--B 5 1 calculation of fixed guideway route miles or receives funding under the 2 federal transit administration's formula program for urbanized areas 3 pursuant to section five thousand three hundred sixty-six of title 4 forty-nine of the United States Code as amended from time to time or 5 (iii) has submitted documentation to the federal transit administration 6 indicating its intent to be included in the federal transit adminis- 7 tration's calculation of fixed guideway route miles to receive funding 8 under such formula program for urbanized areas. 9 § 2. This act shall take effect immediately. 10 PART D 11 Intentionally Omitted 12 PART E 13 Section 1. The transportation law is amended by adding a new section 14 144 to read as follows: 15 § 144. Fees and charges. The commissioner or authorized officer or 16 employee of the department shall charge and collect one hundred twenty 17 dollars for the inspection or re-inspection of all motor vehicles trans- 18 porting passengers subject to the department's inspection requirements 19 pursuant to section one hundred forty of this article, except such motor 20 vehicles operated under contract with a municipality to provide state- 21 wide mass transportation operating assistance eligible service or motor 22 vehicles used primarily to transport passengers pursuant to subpara- 23 graphs (i), (iii), (iv) and (v) of paragraph a of subdivision two of 24 section one hundred forty of this article. The department may deny 25 inspection of any motor vehicle transporting passengers subject to the 26 department's inspection requirements if such fee is not paid within 27 ninety days of the date noted on the department invoice. 28 § 2. This act shall take effect immediately. 29 PART F 30 Intentionally Omitted 31 PART G 32 Intentionally Omitted 33 PART H 34 Section 1. Section 2 of part FF of chapter 55 of the laws of 2017, 35 relating to motor vehicles equipped with autonomous vehicle technology, 36 is amended to read as follows: 37 § 2. The commissioner of motor vehicles shall, in consultation with 38 the superintendent of state police, submit a report to the governor, the 39 temporary president of the senate, the speaker of the assembly, and the 40 chairs of the senate and assembly transportation committees on the 41 demonstrations and tests authorized by section one of this act. Such 42 report shall include, but not be limited to, a description of the param- 43 eters and purpose of such demonstrations and tests, the location or 44 locations where demonstrations and tests were conducted, the demon- 45 strations' and tests' impacts on safety, traffic control, trafficA. 9508--B 6 1 enforcement, emergency services, and such other areas as may be identi- 2 fied by such commissioner. Such commissioner shall submit such report on 3 or before June 1, 2018 and June 1, 2019. 4 § 2. Section 3 of part FF of chapter 55 of the laws of 2017, relating 5 to motor vehicles equipped with autonomous vehicle technology, is 6 amended to read as follows: 7 § 3. This act shall take effect April 1, 2017; provided, however, that 8 section one of this act shall expire and be deemed repealed April 1, 9 [2018] 2019. 10 § 3. This act shall take effect immediately. 11 PART I 12 Section 1. Subdivision 5 of section 227 of the vehicle and traffic 13 law, as amended by section 1 of part GG of chapter 55 of the laws of 14 2017, is amended to read as follows: 15 5. All penalties and forfeited security collected pursuant to the 16 provisions of this article shall be paid to the department of audit and 17 control to the credit of the justice court fund and shall be subject to 18 the applicable provisions of section eighteen hundred three of this 19 chapter. After such audit as shall reasonably be required by the comp- 20 troller, such penalties and forfeited security shall be paid quarterly 21 or, in the discretion of the comptroller, monthly, to the appropriate 22 jurisdiction in which the violation occurred in accordance with the 23 provisions of section ninety-nine-a of the state finance law, except 24 that the sum of four dollars for each violation occurring in such juris- 25 diction for which a complaint has been filed with the administrative 26 tribunal established pursuant to this article shall be retained by the 27 state. Notwithstanding any law to the contrary an additional annual sum 28 of three million dollars collected from fines and assessed to the city 29 of New York, shall be deposited into the general fund [in accordance30with the provisions of section ninety-nine-a of the state finance law]. 31 The amount distributed during the first three quarters to the city of 32 Rochester in any given fiscal year shall not exceed seventy percent of 33 the amount which will be otherwise payable. Provided, however, that if 34 the full costs of administering this article shall exceed the amounts 35 received and retained by the state for any period specified by the 36 commissioner, then such additional sums as shall be required to offset 37 such costs shall be retained by the state out of the penalties and 38 forfeited security collected pursuant to this article. 39 § 2. Subdivision 5 of section 227 of the vehicle and traffic law, as 40 amended by section 3 of chapter 157 of the laws of 2017, is amended to 41 read as follows: 42 5. All penalties and forfeited security collected pursuant to the 43 provisions of this article shall be paid to the department of audit and 44 control to the credit of the justice court fund and shall be subject to 45 the applicable provisions of section eighteen hundred three of this 46 chapter. After such audit as shall reasonably be required by the comp- 47 troller, such penalties and forfeited security shall be paid quarterly 48 or, in the discretion of the comptroller, monthly, to the appropriate 49 jurisdiction in which the violation occurred in accordance with the 50 provisions of section ninety-nine-a of the state finance law, except 51 that the sum of four dollars for each violation occurring in such juris- 52 diction for which a complaint has been filed with the administrative 53 tribunal established pursuant to this article shall be retained by the 54 state. Notwithstanding any law to the contrary an additional annual sumA. 9508--B 7 1 of three million dollars collected from fines and assessed to the city 2 of New York, shall be deposited into the general fund [in accordance3with the provisions of section ninety-nine-a of the state finance law]. 4 Provided, however, that if the full costs of administering this article 5 shall exceed the amounts received and retained by the state for any 6 period specified by the commissioner, then such additional sums as shall 7 be required to offset such costs shall be retained by the state out of 8 the penalties and forfeited security collected pursuant to this article. 9 § 3. Subdivision 3 of section 99-a of the state finance law, as 10 amended by section 3 of part GG of chapter 55 of the laws of 2017, is 11 amended to read as follows: 12 3. The comptroller is hereby authorized to implement alternative 13 procedures, including guidelines in conjunction therewith, relating to 14 the remittance of fines, penalties, forfeitures and other moneys by town 15 and village justice courts, and by the Nassau and Suffolk counties traf- 16 fic and parking violations agencies, and by the city of Buffalo traffic 17 violations agency, [and by the city of New York pursuant to article18two-A of the vehicle and traffic law,] to the justice court fund and for 19 the distribution of such moneys by the justice court fund. Notwith- 20 standing any law to the contrary, the alternative procedures utilized 21 may include: 22 a. electronic funds transfer; 23 b. remittance of funds by the justice court to the chief fiscal office 24 of the town or village, or, in the case of the Nassau and Suffolk coun- 25 ties traffic and parking violations agencies, to the county treasurer, 26 or, in the case of the Buffalo traffic violations agency, to the city of 27 Buffalo comptroller, for distribution in accordance with instructions by 28 the comptroller [or, in the case of the city of New York, pursuant to29article two-A of the vehicle and traffic law to the city comptroller]; 30 and/or 31 c. monthly, rather than quarterly, distribution of funds. 32 The comptroller may require such reporting and record keeping as he or 33 she deems necessary to ensure the proper distribution of moneys in 34 accordance with applicable laws. A justice court or the Nassau and 35 Suffolk counties traffic and parking violations agencies or the city of 36 Buffalo traffic violations agency [or the city of New York pursuant to37article two-A of the vehicle and traffic law] may utilize these proce- 38 dures only when permitted by the comptroller, and such permission, once 39 given, may subsequently be withdrawn by the comptroller on due notice. 40 § 4. Subdivision 3 of section 99-a of the state finance law, as 41 amended by section 10 of chapter 157 of the laws of 2017, is amended to 42 read as follows: 43 3. The comptroller is hereby authorized to implement alternative 44 procedures, including guidelines in conjunction therewith, relating to 45 the remittance of fines, penalties, forfeitures and other moneys by town 46 and village justice courts, and by the Nassau and Suffolk counties traf- 47 fic and parking violations agencies, and by the city of Buffalo traffic 48 violations agency, and by the city of Rochester traffic violations agen- 49 cy, [and by the city of New York pursuant to article two-A of the vehi-50cle and traffic law,] to the justice court fund and for the distribution 51 of such moneys by the justice court fund. Notwithstanding any law to the 52 contrary, the alternative procedures utilized may include: 53 a. electronic funds transfer; 54 b. remittance of funds by the justice court to the chief fiscal office 55 of the town or village, or, in the case of the Nassau and Suffolk coun- 56 ties traffic and parking violations agencies, to the county treasurer,A. 9508--B 8 1 or, in the case of the Buffalo traffic violations agency, to the city of 2 Buffalo comptroller, or in the case of the Rochester traffic violations 3 agency, to the city of Rochester treasurer for distribution in accord- 4 ance with instructions by the comptroller [or, in the case of the city5of New York, pursuant to article two-A of the vehicle and traffic law to6the city comptroller]; and/or 7 c. monthly, rather than quarterly, distribution of funds. 8 The comptroller may require such reporting and record keeping as he or 9 she deems necessary to ensure the proper distribution of moneys in 10 accordance with applicable laws. A justice court or the Nassau and 11 Suffolk counties traffic and parking violations agencies or the city of 12 Buffalo traffic violations agency or the city of Rochester traffic 13 violations agency [or the city of New York pursuant to article two-A of14the vehicle and traffic law] may utilize these procedures only when 15 permitted by the comptroller, and such permission, once given, may 16 subsequently be withdrawn by the comptroller on due notice. 17 § 5. This act shall take effect immediately, provided, however that 18 (a) the amendments to subdivision 5 of section 227 of the vehicle and 19 traffic law as made by section two of this act shall take effect on the 20 same date and in the same manner as section 3 of chapter 157 of the laws 21 of 2017 takes effect, and shall be subject to the expiration of such 22 subdivision pursuant to section 4 of part GG of chapter 55 of the laws 23 of 2017, as amended, and shall be deemed expired therewith; and 24 (b) the amendments to subdivision 3 of section 99-a of the state 25 finance law as made by section four of this act shall take effect on the 26 same date and in the same manner as section 10 of chapter 157 of the 27 laws of 2017 takes effect, and shall be subject to the expiration of 28 such subdivision pursuant to section 4 of part GG of chapter 55 of the 29 laws of 2017, as amended, and shall be deemed expired therewith. 30 PART J 31 Intentionally Omitted 32 PART K 33 Section 1.Intentionally omitted. 34 § 2. Intentionally omitted. 35 § 3. Intentionally omitted. 36 § 4. Intentionally omitted. 37 § 5. Intentionally omitted. 38 § 6. Intentionally omitted. 39 § 7. Intentionally omitted. 40 § 8. Intentionally omitted. 41 § 9. Intentionally omitted. 42 § 10. Intentionally omitted. 43 § 11. Subsection (b) of section 805 of the tax law, as added by 44 section 1 of part C of chapter 25 of the laws of 2009, is amended to 45 read as follows: 46 (b) On or before the twelfth and twenty-sixth day of each succeeding 47 month, after reserving such amount for such refunds and deducting such 48 amounts for such costs, as provided for in subsection (a) of this 49 section, the commissioner shall certify to the comptroller the amount of 50 all revenues so received during the prior month as a result of the 51 taxes, interest and penalties so imposed. The amount of revenues so 52 certified shall be paid over by the fifteenth and the final business dayA. 9508--B 9 1 of each succeeding month from such account without appropriation into 2 the [mobility tax trust account of the metropolitan transportation3authority financial assistance fund established pursuant to section4ninety-two-ff of the state finance law, for payment, pursuant to appro-5priations by the legislature to the] metropolitan transportation author- 6 ity finance fund established pursuant to section twelve hundred seven- 7 ty-h of the public authorities law, provided, however, that the 8 comptroller shall ensure that any payments to the metropolitan transpor- 9 tation authority finance fund which are due to be paid by the final 10 business day in the month of December pursuant to this subsection shall 11 be received by the metropolitan transportation authority finance fund on 12 the same business day in which it is paid. 13 § 12. Section 4 of the state finance law is amended by adding a new 14 subdivision 12 to read as follows: 15 12. Notwithstanding subdivision one of this section and any other law 16 to the contrary, the revenue (including taxes, interest and penalties) 17 from the metropolitan commuter transportation mobility tax imposed 18 pursuant to article twenty-three of the tax law which are paid in 19 accordance with subsection (b) of section eight hundred five of the tax 20 law into the metropolitan transportation authority finance fund estab- 21 lished by section twelve hundred seventy-h of the public authorities law 22 shall be made pursuant to statute but without an appropriation. 23 § 13. Subdivision 2 of section 1270-h of the public authorities law, 24 as added by section 16 of part H of chapter 25 of the laws of 2009, is 25 amended to read as follows: 26 2. The comptroller shall deposit into the metropolitan transportation 27 authority finance fund (a) monthly, pursuant to appropriation, [into the28metropolitan transportation authority finance fund] the moneys deposited 29 in the mobility tax trust account of the metropolitan transportation 30 authority financial assistance fund pursuant to [article twenty-three of31the tax law, and] any [other] provision of law directing or permitting 32 the deposit of moneys in such fund, and (b) without appropriation, the 33 revenue including taxes, interest and penalties collected in accordance 34 with article twenty-three of the tax law. 35 § 14. Subdivisions 3 and 5 of section 92-ff of the state finance law, 36 as added by section 1 of part G of chapter 25 of the laws of 2009, are 37 amended to read as follows: 38 3. Such fund shall consist of all moneys collected [therefore] there- 39 for or credited or transferred thereto from any other fund, account or 40 source, including, without limitation, the [revenues derived from the41metropolitan commuter transportation mobility tax imposed by article42twenty-three of the tax law;] revenues derived from the special supple- 43 mental tax on passenger car rentals imposed by section eleven hundred 44 sixty-six-a of the tax law; revenues derived from the transportation 45 surcharge imposed by article twenty-nine-A of the tax law; the supple- 46 mental registration fees imposed by article seventeen-C of the vehicle 47 and traffic law; and the supplemental metropolitan commuter transporta- 48 tion district license fees imposed by section five hundred three of the 49 vehicle and traffic law. Any interest received by the comptroller on 50 moneys on deposit in the metropolitan transportation authority financial 51 assistance fund shall be retained in and become a part of such fund. 52 5. (a) The "mobility tax trust account" shall consist of [revenues53required to be deposited therein pursuant to the provisions of article54twenty-three of the tax law and all other] moneys credited or trans- 55 ferred thereto from any [other] fund or source pursuant to law.A. 9508--B 10 1 (b) Moneys in the "mobility tax trust account" shall, pursuant to 2 appropriation by the legislature, be transferred on a monthly basis to 3 the metropolitan transportation authority finance fund established by 4 section twelve hundred seventy-h of the public authorities law and 5 utilized in accordance with said section. It is the intent of the legis- 6 lature to enact two appropriations from the mobility tax trust account 7 to the metropolitan transportation authority finance fund established by 8 section twelve hundred seventy-h of the public authorities law. One such 9 appropriation shall be equal to the amounts expected to be available 10 [for such purpose pursuant to article twenty-three of the tax law or] 11 from any [other] monies described in paragraph (a) of this subdivision 12 during the two thousand [nine] eighteen--two thousand [ten] nineteen 13 fiscal year and shall be effective in that fiscal year. The other such 14 appropriation shall be equal to the amounts expected to be available 15 [for such purpose pursuant to article twenty-three of the tax law or] 16 from any [other] monies described in paragraph (a) of this subdivision 17 during the two thousand [ten] nineteen--two thousand [eleven] twenty 18 fiscal year and shall, notwithstanding the provisions of section forty 19 of this chapter, take effect on the first day of the two thousand [ten] 20 nineteen--two thousand [eleven] twenty fiscal year and lapse on the last 21 day of that fiscal year. It is the intent of the governor to submit and 22 the legislature to enact for each fiscal year after the two thousand 23 [nine] eighteen--two thousand [ten] nineteen fiscal year in an annual 24 budget bill: (i) an appropriation for the amount expected to be avail- 25 able in the mobility tax trust account during such fiscal year for the 26 metropolitan transportation authority [pursuant to article twenty-three27of the tax law or] from any [other] monies described in paragraph (a) of 28 this subdivision; and (ii) an appropriation for the amount projected by 29 the director of the budget to be deposited in the mobility tax trust 30 account [pursuant to article twenty-three of the tax law or] from any 31 [other] monies described in paragraph (a) of this subdivision for the 32 next succeeding fiscal year. Such appropriation for payment of revenues 33 projected to be deposited in the succeeding fiscal year shall, notwith- 34 standing the provisions of section forty of this chapter, take effect on 35 the first day of such succeeding fiscal year and lapse on the last day 36 of such fiscal year. If for any fiscal year commencing on or after the 37 first day of April, two thousand ten the governor fails to submit a 38 budget bill containing the foregoing, or the legislature fails to enact 39 a bill with such provisions, then the metropolitan transportation 40 authority shall notify the comptroller, the director of the budget, the 41 chairperson of the senate finance committee and the chairperson of the 42 assembly ways and means committee of amounts required to be disbursed 43 from the appropriation made during the preceding fiscal year for payment 44 in such fiscal year. In no event shall the comptroller make any payments 45 from such appropriation prior to May first of such fiscal year, and 46 unless and until the director of the budget, the chairperson of the 47 senate finance committee and the chairperson of the assembly ways and 48 means committee have been notified of the required payments and the 49 timing of such payments to be made from the mobility tax trust account 50 to the metropolitan transportation authority finance fund established by 51 section twelve hundred seventy-h of the public authorities law at least 52 forty-eight hours prior to any such payments. Until such time as 53 payments pursuant to such appropriation are made in full, revenues in 54 the mobility tax trust account shall not be paid over to any person 55 other than the metropolitan transportation authority. 56 § 15. This act shall take effect April 1, 2018.A. 9508--B 11 1 PART L 2 Intentionally Omitted 3 PART M 4 Intentionally Omitted 5 PART N 6 Intentionally Omitted 7 PART O 8 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 9 of the laws of 1968 constituting the New York state urban development 10 corporation act, as amended by section 1 of part M of chapter 58 of the 11 laws of 2017, is amended to read as follows: 12 3. The provisions of this section shall expire, notwithstanding any 13 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 14 the laws of 1996 or of any other law, on July 1, [2018] 2019. 15 § 2. This act shall take effect immediately and shall be deemed to 16 have been in full force and effect on and after July 1, 2018. 17 PART P 18 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 19 New York state urban development corporation act, relating to the powers 20 of the New York state urban development corporation to make loans, as 21 amended by section 1 of part N of chapter 58 of the laws of 2017, is 22 amended to read as follows: 23 § 2. This act shall take effect immediately provided, however, that 24 section one of this act shall expire on July 1, [2018] 2019, at which 25 time the provisions of subdivision 26 of section 5 of the New York state 26 urban development corporation act shall be deemed repealed; provided, 27 however, that neither the expiration nor the repeal of such subdivision 28 as provided for herein shall be deemed to affect or impair in any manner 29 any loan made pursuant to the authority of such subdivision prior to 30 such expiration and repeal. 31 § 2. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2018. 33 PART Q 34 Section 1. Subdivisions 2, 7, 8, 13, 15, 16, 19, 20, 21 and 22 of 35 section 310 of the executive law, subdivisions 2 and 8 as added by chap- 36 ter 261 of the laws of 1988, subdivisions 7 and 15 as amended by chapter 37 22 of the laws of 2014, subdivision 13 as amended by chapter 506 of the 38 laws of 2009, subdivision 16, as amended by section 3 of part BB of 39 chapter 59 of the laws of 2006, subdivisions 19, 20, 21 and 22 as added 40 by chapter 175 of the laws of 2010 are amended and a new subdivision 24 41 is added to read as follows: 42 2. "Contracting agency" shall mean a state agency or state-funded 43 entity which is a party or a proposed party to a state contract or, in 44 the case of a state contract described in paragraph (c) of subdivision 45 thirteen of this section, shall mean the New York state housing financeA. 9508--B 12 1 agency, housing trust fund corporation or affordable housing corpo- 2 ration, whichever has made or proposes to make the grant or loan for the 3 state assisted housing project. 4 7. "Minority-owned business enterprise" shall mean a business enter- 5 prise, including a sole proprietorship, partnership, limited liability 6 company or corporation that is: 7 (a) at least fifty-one percent owned by one or more minority group 8 members; 9 (b) an enterprise in which such minority ownership is real, substan- 10 tial and continuing; 11 (c) an enterprise in which such minority ownership has and exercises 12 the authority to control independently the day-to-day business decisions 13 of the enterprise; 14 (d) an enterprise authorized to do business in this state and inde- 15 pendently owned and operated; and 16 (e) [an enterprise owned by an individual or individuals, whose owner-17ship, control and operation are relied upon for certification, with a18personal net worth that does not exceed three million five hundred thou-19sand dollars, as adjusted annually on the first of January for inflation20according to the consumer price index of the previous year; and21(f)] an enterprise that is a small business pursuant to subdivision 22 twenty of this section. 23 8. "Minority group member" shall mean a United States citizen or 24 permanent resident alien who is and can demonstrate membership in one of 25 the following groups: 26 (a) Black persons having origins in any of the Black African racial 27 groups; 28 (b) [Hispanic] Hispanic/Latino persons of Mexican, Puerto Rican, 29 Dominican, Cuban, Central or South American of either Indian or Hispanic 30 origin, regardless of race; 31 (c) Native American or Alaskan native persons having origins in any of 32 the original peoples of North America. 33 (d) Asian and Pacific Islander persons having origins in any of the 34 Far East countries, South East Asia, the Indian subcontinent or the 35 Pacific Islands. 36 13. "State contract" shall mean: (a) a written agreement or purchase 37 order instrument, providing for a total expenditure in excess of twen- 38 ty-five thousand dollars, whereby a contracting agency is committed to 39 expend or does expend funds in return for labor, services including but 40 not limited to legal, financial and other professional services, 41 supplies, equipment, materials or any combination of the foregoing, to 42 be performed for, or rendered or furnished to the contracting agency; 43 (b) a written agreement in excess of one hundred thousand dollars where- 44 by a contracting agency is committed to expend or does expend funds for 45 the acquisition, construction, demolition, replacement, major repair or 46 renovation of real property and improvements thereon; [and] (c) a writ- 47 ten agreement in excess of one hundred thousand dollars whereby the 48 owner of a state assisted housing project is committed to expend or does 49 expend funds for the acquisition, construction, demolition, replacement, 50 major repair or renovation of real property and improvements thereon for 51 such project; and (d) a written agreement or purchase order instrument, 52 providing for a total expenditure in excess of one hundred thousand 53 dollars, whereby the majority of the funds a state-funded entity is 54 committed to expend or does expend are paid to the state-funded entity 55 by the state of New York, including those paid to the state-funded enti- 56 ty pursuant to an appropriation, for any product or service.A. 9508--B 13 1 15. "Women-owned business enterprise" shall mean a business enter- 2 prise, including a sole proprietorship, partnership, limited liability 3 company or corporation that is: 4 (a) at least fifty-one percent owned by one or more United States 5 citizens or permanent resident aliens who are women; 6 (b) an enterprise in which the ownership interest of such women is 7 real, substantial and continuing; 8 (c) an enterprise in which such women ownership has and exercises the 9 authority to control independently the day-to-day business decisions of 10 the enterprise; 11 (d) an enterprise authorized to do business in this state and inde- 12 pendently owned and operated; and 13 (e) [an enterprise owned by an individual or individuals, whose owner-14ship, control and operation are relied upon for certification, with a15personal net worth that does not exceed three million five hundred thou-16sand dollars, as adjusted annually on the first of January for inflation17according to the consumer price index of the previous year; and18(f)] an enterprise that is a small business pursuant to subdivision 19 twenty of this section. 20 A firm owned by a minority group member who is also a woman may be 21 certified as a minority-owned business enterprise, a women-owned busi- 22 ness enterprise, or both, and may be counted towards either a minority- 23 owned business enterprise goal or a women-owned business enterprise 24 goal, in regard to any contract or any goal, set by an agency or author- 25 ity, but such participation may not be counted towards both such goals. 26 Such an enterprise's participation in a contract may not be divided 27 between the minority-owned business enterprise goal and the women-owned 28 business enterprise goal. 29 16. "Statewide advocate" shall mean the person appointed by the 30 [commissioner] director to serve in the capacity of the minority and 31 women-owned business enterprise statewide advocate. 32 [19. "Personal net worth" shall mean the aggregate adjusted net value33of the assets of an individual remaining after total liabilities are34deducted. Personal net worth includes the individual's share of assets35held jointly with said individual's spouse and does not include the36individual's ownership interest in the certified minority and women-37owned business enterprise, the individual's equity in his or her primary38residence, or up to five hundred thousand dollars of the present cash39value of any qualified retirement savings plan or individual retirement40account held by the individual less any penalties for early withdrawal.] 41 20. "Small business" as used in this section, unless otherwise indi- 42 cated, shall mean a business which has a significant business presence 43 in the state, is independently owned and operated, not dominant in its 44 field and employs, based on its industry, a certain number of persons as 45 determined by the director[, but not to exceed three hundred], taking 46 into consideration factors which include, but are not limited to, feder- 47 al small business administration standards pursuant to 13 CFR part 121 48 and any amendments thereto. The director may issue regulations on the 49 construction of the terms in this definition. 50 21. "The [2010] disparity study" shall refer to the most recent 51 disparity study commissioned by the [empire state development corpo-52ration] department of economic development, pursuant to section three 53 hundred twelve-a of this article, and published on [April twenty-nine,54two thousand ten] June thirtieth, two thousand seventeen. 55 22. "Diversity practices" shall mean the contractor's practices and 56 policies with respect to:A. 9508--B 14 1 (a) utilizing or mentoring certified minority and women-owned business 2 enterprises in contracts awarded by a state agency or other public 3 corporation, as subcontractors and suppliers; [and] 4 (b) entering into partnerships, joint ventures or other similar 5 arrangements with certified minority and women-owned business enter- 6 prises as defined in this article or other applicable statute or regu- 7 lation governing an entity's utilization of minority or women-owned 8 business enterprises; and 9 (c) the representation of minority group members and women as members 10 of the board of directors or executive officers of the contractor. 11 24. "State-funded entity" shall mean any unit of local government, 12 including, but not limited to, a county, city, town, village, or school 13 district that is paid pursuant to an appropriation in any state fiscal 14 year provided, however, a state-funded entity shall not include any unit 15 of local government that, pursuant to local law, has a minority and 16 women-owned business enterprise program. 17 § 1-a. Subdivision 3 of section 311 of the executive law, as added by 18 chapter 261 of the laws of 1988, paragraphs (d) and (e) as amended by 19 chapter 55 of the laws of 1992, paragraphs (g) and (h) as amended and 20 paragraph (i) as added by section 1 of part BB of chapter 59 of the laws 21 of 2006, is amended to read as follows: 22 3. The director shall have the following powers and duties: 23 (a) to encourage and assist contracting agencies in their efforts to 24 increase participation by minority and women-owned business enterprises 25 on state contracts and subcontracts so as to facilitate the award of a 26 fair share of such contracts to them; 27 (b) to develop standardized forms and reporting documents necessary to 28 implement this article; 29 (c) to conduct educational programs consistent with the purposes of 30 this article; 31 (d) to review periodically the practices and procedures of each 32 contracting agency with respect to compliance with the provisions of 33 this article, and to require them to file periodic reports with the 34 division of minority and women's business development as to the level of 35 minority and women-owned business enterprises participation in the 36 awarding of agency contracts for goods and services; 37 (d-1) to require all contracting state agencies to develop a three 38 year growth plan to determine a means of promoting and increasing 39 participation by minority-owned and women-owned business enterprises 40 with respect to state contracts and subcontracts. Every three years, 41 beginning May fifteenth, two thousand nineteen, each contracting state 42 agency shall submit a three year growth plan as part of its annual 43 report to the governor and legislature pursuant to section one hundred 44 sixty-four of this chapter. 45 (e) on January first of each year report to the governor and the 46 chairpersons of the senate finance and assembly ways and means commit- 47 tees on the level of minority and women-owned business enterprises 48 participating in each agency's contracts for goods and services and on 49 activities of the office and effort by each contracting agency to 50 promote employment of minority group members and women, and to promote 51 and increase participation by certified businesses with respect to state 52 contracts and subcontracts so as to facilitate the award of a fair share 53 of state contracts to such businesses. The comptroller shall assist the 54 division in collecting information on the participation of certified 55 business for each contracting agency. Such report may recommend new 56 activities and programs to effectuate the purposes of this article;A. 9508--B 15 1 (f) to prepare and update periodically a directory of certified minor- 2 ity and women-owned business enterprises which shall, wherever practica- 3 ble, be divided into categories of labor, services, supplies, equipment, 4 materials and recognized construction trades and which shall indicate 5 areas or locations of the state where such enterprises are available to 6 perform services, and to use this information to create an internet 7 based, searchable, centralized state registry detailing certifications, 8 denials, waivers and all documents submitted during the life of the 9 contract; 10 (g) to appoint independent hearing officers who by contract or terms 11 of employment shall preside over adjudicatory hearings pursuant to 12 section three hundred fourteen of this article for the office and who 13 are assigned no other work by the office; 14 (h) notwithstanding the provisions of section two hundred ninety-six 15 of this chapter, to file a complaint pursuant to the provisions of 16 section two hundred ninety-seven of this chapter where the director has 17 knowledge that a contractor may have violated the provisions of para- 18 graph (a), (b) or (c) of subdivision one of section two hundred ninety- 19 six of this chapter where such violation is unrelated, separate or 20 distinct from the state contract as expressed by its terms; [and] 21 (i) to streamline the state certification process to accept federal 22 and municipal corporation certifications; 23 (j) to keep a record of partial and total waivers of compliance 24 reported pursuant to paragraph (b) of subdivision six of section three 25 hundred thirteen of this article and to make such record publicly avail- 26 able on the division's website. The record shall provide, at a minimum: 27 (i) information identifying the contract, including the value of the 28 contract; (ii) information identifying the contracting agency; (iii) the 29 name of the contractor receiving the waiver; and (iv) the date of the 30 waiver; 31 (k) to perform inspections of minority or women-owned business's place 32 of business, warehouse or storage facility to confirm the existence of a 33 workforce, equipment and supplies; 34 (l) to perform inspections of financial records of minority or women- 35 owned business enterprises to ensure such enterprises are in compliance 36 with applicable laws; and 37 (m) to ensure the protection of individuals who report suspected 38 violations of this article and applicable laws related to minority and 39 women-owned business enterprises. 40 § 2. Subdivision 4 of section 311 of the executive law, as amended by 41 chapter 361 of the laws of 2009, is amended to read as follows: 42 4. The director [may] shall provide assistance to, and facilitate 43 access to programs serving [certified businesses as well as applicants] 44 minority and women-owned business enterprises to ensure that such busi- 45 nesses benefit, as needed, from technical, managerial and financial, and 46 general business assistance; training; marketing; organization and 47 personnel skill development; project management assistance; technology 48 assistance; bond and insurance education assistance; and other business 49 development assistance. The director shall maintain a toll-free number 50 at the department of economic development to be used to answer questions 51 concerning the MWBE certification process. In addition, the director 52 may, either independently or in conjunction with other state agencies: 53 (a) develop a clearinghouse of information on programs and services 54 provided by entities that may assist such businesses;A. 9508--B 16 1 (b) review bonding and paperwork requirements imposed by contracting 2 agencies that may unnecessarily impede the ability of such businesses to 3 compete; and 4 (c) seek to maximize utilization by minority and women-owned business 5 enterprises of available federal resources including but not limited to 6 federal grants, loans, loan guarantees, surety bonding guarantees, tech- 7 nical assistance, and programs and services of the federal small busi- 8 ness administration. 9 § 3. Section 311-a of the executive law, as added by section 4 of part 10 BB of chapter 59 of the laws of 2006, is amended to read as follows: 11 § 311-a. Minority and women-owned business enterprise statewide advo- 12 cate. 1. There is hereby established within the [department of econom-13ic] division of minority and women's business development [an office of14the minority and women-owned business enterprise] a statewide advocate. 15 The statewide advocate shall be appointed by the commissioner with the 16 advice of the small business advisory board as established in section 17 one hundred thirty-three of the economic development law and shall serve 18 in the unclassified service of the director. [The statewide advocate19shall be located in the Albany empire state development office.] 20 2. The advocate shall act as a liaison for minority and women-owned 21 business enterprises (MWBEs) to assist them in obtaining technical, 22 managerial, financial and other business assistance for certified busi- 23 nesses and applicants. The advocate shall receive and investigate 24 complaints brought by or on behalf of MWBEs concerning certification 25 delays and instances of violations of [law] the requirements of this 26 article by contractors and state agencies. The statewide advocate shall 27 assist certified businesses and applicants in the certification process. 28 Other functions of the statewide advocate shall be directed by the 29 commissioner. The advocate may request and the director may appoint 30 staff and employees of the division of minority and women business 31 development to support the administration of the office of the statewide 32 advocate. 33 3. The statewide advocate [shall establish a toll-free number at the34department of economic development to be used to answer questions35concerning the MWBE certification process] shall conduct periodic audits 36 of state agencies' compliance with the requirements of section three 37 hundred fifteen of this article, which audits shall include a review of 38 the books and records of state agencies concerning, among other things, 39 annual agency expenditures, annual participation of minority and women- 40 owned business enterprises as prime contractors and subcontractors in 41 state agencies' state contracts, and documentation of state agencies' 42 good faith efforts to maximize minority and women-owned business enter- 43 prise participation in such state agencies' contracting. 44 4. The statewide advocate shall report to the director and commission- 45 er by November fifteenth on an annual basis on all activities related to 46 fulfilling the obligations of the office of the statewide advocate. The 47 commissioner shall include the unedited text of the statewide advocate's 48 report within the reports submitted by the department of economic devel- 49 opment to the governor and the legislature. 50 § 4. Section 312-a of the executive law, as amended by section 1 of 51 part Q of chapter 58 of the laws of 2015, is amended to read as follows: 52 § 312-a. Study of minority and women-owned business [enterprise53programs] enterprises. 1. The director of the division of minority and 54 [women-owned] women's business development [in the department of econom-55ic development] is authorized and directed to recommission a statewide 56 disparity study regarding the participation of minority and women-ownedA. 9508--B 17 1 business enterprises in state contracts since the amendment of this 2 article to be delivered to the governor and legislature no later than 3 August fifteenth, [two thousand sixteen] two thousand twenty-two. The 4 study shall be prepared by an entity independent of the department and 5 selected through a request for proposal process. The purpose of such 6 study is: 7 (a) to determine whether there is a disparity between the number of 8 qualified minority and women-owned businesses ready, willing and able to 9 perform state contracts for commodities, services and construction, and 10 the number of such contractors actually engaged to perform such 11 contracts, and to determine what changes, if any, should be made to 12 state policies affecting minority and women-owned business enterprises; 13 and (b) to determine whether there is a disparity between the number of 14 qualified minorities and women ready, willing and able, with respect to 15 labor markets, qualifications and other relevant factors, to participate 16 in contractor employment, management level bodies, including boards of 17 directors, and as senior executive officers within contracting entities 18 and the number of such group members actually employed or affiliated 19 with state contractors in the aforementioned capacities, and to deter- 20 mine what changes, if any, should be made to state policies affecting 21 minority and women group populations with regard to state contractors' 22 employment and appointment practices relative to diverse group members. 23 Such study shall include, but not be limited to, an analysis of the 24 history of minority and women-owned business enterprise programs and 25 their effectiveness as a means of securing and ensuring participation by 26 minorities and women, and a disparity analysis by market area and region 27 of the state, the effectiveness of the current net worth thresholds, a 28 statistical analysis of the participation of minority and women-owned 29 business enterprises correlated with such business enterprises' net 30 worth, whether minority and women-owned business enterprises' net worth 31 at the time of certification has any effect on such business enter- 32 prise's success or lack thereof in participation in statewide procure- 33 ment, the effectiveness of the regulations adopted since the most recent 34 disparity study, the extent of compliance by state agencies and state 35 authorities with such regulations, an analysis of the number of minority 36 and women-owned business enterprises seeking certification since the 37 most recent disparity study, and the reasons, if any, for any increase 38 or decrease in such certifications. Such study shall distinguish between 39 minority males, minority females and non-minority females in the statis- 40 tical analysis. 41 2. The director of the division of minority and [women-owned] women's 42 business development is directed to transmit the disparity study to the 43 governor and the legislature [not later than August fifteenth, two thou-44sand sixteen], and to post the study on the website of the department of 45 economic development. 46 § 5. Section 313 of the executive law, as amended by chapter 175 of 47 the laws of 2010, is amended to read as follows: 48 § 313. Opportunities for minority and women-owned business enter- 49 prises. 1. Goals and requirements for agencies and contractors. Each 50 agency shall structure procurement procedures for contracts made direct- 51 ly or indirectly to minority and women-owned business enterprises, in 52 accordance with the findings of the [two thousand ten] disparity study, 53 consistent with the purposes of this article, to attempt to achieve [the54following] the recommended results with regard to [total] annual state- 55 wide procurement for each of the following:A. 9508--B 18 1 (a) construction industry for certified minority-owned business enter- 2 prises[: fourteen and thirty-four hundredths percent]; 3 (b) construction industry for certified women-owned business enter- 4 prises[: eight and forty-one hundredths percent]; 5 (c) construction related professional services industry for certified 6 minority-owned business enterprises[: thirteen and twenty-one hundredths7percent]; 8 (d) construction related professional services industry for certified 9 women-owned business enterprises[: eleven and thirty-two hundredths10percent]; 11 (e) non-construction related services industry for certified minori- 12 ty-owned business enterprises[: nineteen and sixty hundredths percent]; 13 (f) non-construction related services industry for certified women- 14 owned business enterprises[: seventeen and forty-four hundredths15percent]; 16 (g) commodities industry for certified minority-owned business enter- 17 prises[: sixteen and eleven hundredths percent]; 18 (h) commodities industry for certified women-owned business enter- 19 prises[: ten and ninety-three hundredths percent]; 20 (i) overall agency total dollar value of procurement for certified 21 minority-owned business enterprises[: sixteen and fifty-three hundredths22percent]; 23 (j) overall agency total dollar value of procurement for certified 24 women-owned business enterprises[: twelve and thirty-nine hundredths25percent]; and 26 (k) overall agency total dollar value of procurement for certified 27 minority, women-owned business enterprises[: twenty-eight and ninety-two28hundredths percent]. 29 1-a. The director shall ensure that each state agency has been 30 provided with a copy of the [two thousand ten] most recent disparity 31 study. 32 1-b. Each agency shall develop and adopt agency-specific goals based 33 on the findings of the [two thousand ten] most recent disparity study. 34 1-c. The goals set pursuant to subdivision one of this section shall 35 be consistent with the findings of the most recent disparity study. 36 2. The director shall promulgate rules and regulations pursuant to the 37 goals established in subdivision one of this section that provide meas- 38 ures and procedures to ensure that certified minority and women-owned 39 businesses shall be given the opportunity for maximum feasible partic- 40 ipation in the performance of state contracts and to assist in the agen- 41 cy's identification of those state contracts for which minority and 42 women-owned certified businesses may best bid to actively and affirma- 43 tively promote and assist their participation in the performance of 44 state contracts so as to facilitate the agency's achievement of the 45 maximum feasible portion of the goals for state contracts to such busi- 46 nesses. 47 2-a. The director shall promulgate rules and regulations that will 48 accomplish the following: 49 (a) provide for the certification and decertification of minority and 50 women-owned business enterprises for all agencies through a single proc- 51 ess that meets applicable requirements; 52 (b) require that each contract solicitation document accompanying each 53 solicitation set forth the expected degree of minority and women-owned 54 business enterprise participation based, in part, on: 55 (i) the potential subcontract opportunities available in the prime 56 procurement contract; [and]A. 9508--B 19 1 (ii) the availability, as contained within the study, of certified 2 minority and women-owned business enterprises to respond competitively 3 to the potential subcontract opportunities, as reflected in the divi- 4 sion's directory of certified minority and women-owned business enter- 5 prises; and 6 (iii) the findings of the disparity study. 7 (c) require that each agency provide a current list of certified 8 minority business enterprises to each prospective contractor; 9 (d) allow a contractor that is a certified minority-owned or women- 10 owned business enterprise to use the work it performs to meet require- 11 ments for use of certified minority-owned or women-owned business enter- 12 prises as subcontractors; 13 (d-1) establish criteria for agencies to credit the participation of 14 minority and women-owned business enterprises towards the achievement of 15 the minority and women-owned business enterprise participation goals on 16 a state contract based on the commercially useful function provided by 17 each minority and women-owned business enterprise on the contract; 18 (e) provide for joint ventures, which a bidder may count toward meet- 19 ing its minority and women-owned business enterprise participation; 20 (f) consistent with subdivision six of this section, provide for 21 circumstances under which an agency or state-funded entity may waive 22 obligations of the contractor relating to minority and women-owned busi- 23 ness enterprise participation; 24 (g) require that an agency or state-funded entity verify that minority 25 and women-owned business enterprises listed in a successful bid are 26 actually participating to the extent listed in the project for which the 27 bid was submitted; 28 (h) provide for the collection of statistical data by each agency 29 concerning actual minority and women-owned business enterprise partic- 30 ipation; [and] 31 (i) require each agency to consult the most current disparity study 32 when calculating [agency-wide and contract specific] contract-specific 33 participation goals pursuant to this article; and 34 (j) provide for the periodic collection of reports from state-funded 35 entities in such form and at such time as the director shall require. 36 3. Solely for the purpose of providing the opportunity for meaningful 37 participation by certified businesses in the performance of state 38 contracts as provided in this section, state contracts shall include 39 leases of real property by a state agency to a lessee where: the terms 40 of such leases provide for the construction, demolition, replacement, 41 major repair or renovation of real property and improvements thereon by 42 such lessee; and the cost of such construction, demolition, replacement, 43 major repair or renovation of real property and improvements thereon 44 shall exceed the sum of one hundred thousand dollars. Reports to the 45 director pursuant to section three hundred fifteen of this article shall 46 include activities with respect to all such state contracts. Contracting 47 agencies shall include or require to be included with respect to state 48 contracts for the acquisition, construction, demolition, replacement, 49 major repair or renovation of real property and improvements thereon, 50 such provisions as may be necessary to effectuate the provisions of this 51 section in every bid specification and state contract, including, but 52 not limited to: (a) provisions requiring contractors to make a good 53 faith effort to solicit active participation by enterprises identified 54 in the directory of certified businesses provided to the contracting 55 agency by the office; (b) requiring the parties to agree as a condition 56 of entering into such contract, to be bound by the provisions of sectionA. 9508--B 20 1 three hundred sixteen of this article; and (c) requiring the contractor 2 to include the provisions set forth in paragraphs (a) and (b) of this 3 subdivision in every subcontract in a manner that the provisions will be 4 binding upon each subcontractor as to work in connection with such 5 contract. Provided, however, that no such provisions shall be binding 6 upon contractors or subcontractors in the performance of work or the 7 provision of services that are unrelated, separate or distinct from the 8 state contract as expressed by its terms, and nothing in this section 9 shall authorize the director or any contracting agency to impose any 10 requirement on a contractor or subcontractor except with respect to a 11 state contract. 12 4. In the implementation of this section, the contracting agency shall 13 (a) consult the findings contained within the disparity study evidencing 14 relevant industry specific availability of certified businesses and 15 disparities in the utilization of minority and women-owned businesses 16 relative to their availability; 17 (b) implement a program that will enable the agency to evaluate each 18 contract to determine the [appropriateness of the] appropriate goal 19 pursuant to subdivision one of this section for participation by minori- 20 ty-owned business enterprises and women-owned business enterprises; 21 (c) consider where practicable, the severability of construction 22 projects and other bundled contracts; and 23 (d) consider compliance with the requirements of any federal law 24 concerning opportunities for minority and women-owned business enter- 25 prises which effectuates the purpose of this section. The contracting 26 agency shall determine whether the imposition of the requirements of any 27 such law duplicate or conflict with the provisions hereof and if such 28 duplication or conflict exists, the contracting agency shall waive the 29 applicability of this section to the extent of such duplication or 30 conflict. 31 5. (a) Contracting agencies shall administer the rules and regulations 32 promulgated by the director in a good faith effort to [meet] achieve the 33 maximum feasible portion of the agency's goals adopted pursuant to this 34 article and the regulations of the director. Such rules and regulations: 35 shall require a contractor to submit a utilization plan after bids are 36 opened, when bids are required, but prior to the award of a state 37 contract; shall require the contracting agency to review the utilization 38 plan submitted by the contractor and to post the utilization plan and 39 any waivers of compliance issued pursuant to subdivision six of this 40 section on the website of the contracting agency within a reasonable 41 period of time as established by the director; shall require the 42 contracting agency to notify the contractor in writing within a period 43 of time specified by the director as to any deficiencies contained in 44 the contractor's utilization plan; shall require remedy thereof within a 45 period of time specified by the director; shall require the contractor 46 to submit periodic compliance reports relating to the operation and 47 implementation of any utilization plan; shall not allow any automatic 48 waivers but shall allow a contractor to apply for a partial or total 49 waiver of the minority and women-owned business enterprise participation 50 requirements pursuant to subdivisions six and seven of this section; 51 shall allow a contractor to file a complaint with the director pursuant 52 to subdivision eight of this section in the event a contracting agency 53 has failed or refused to issue a waiver of the minority and women-owned 54 business enterprise participation requirements or has denied such 55 request for a waiver; and shall allow a contracting agency to file a 56 complaint with the director pursuant to subdivision nine of this sectionA. 9508--B 21 1 in the event a contractor is failing or has failed to comply with the 2 minority and women-owned business enterprise participation requirements 3 set forth in the state contract where no waiver has been granted. 4 (b) The rules and regulations promulgated pursuant to this subdivision 5 regarding a utilization plan shall provide that where enterprises have 6 been identified within a utilization plan, a contractor shall attempt, 7 in good faith, to utilize such enterprise at least to the extent indi- 8 cated. A contracting agency may require a contractor to indicate, within 9 a utilization plan, what measures and procedures he or she intends to 10 take to comply with the provisions of this article, but may not require, 11 as a condition of award of, or compliance with, a contract that a 12 contractor utilize a particular enterprise in performance of the 13 contract. 14 (c) Without limiting other grounds for the disqualification of bids or 15 proposals on the basis of non-responsibility, a contracting agency may 16 disqualify the bid or proposal of a contractor as being non-responsible 17 for failure to remedy notified deficiencies contained in the contrac- 18 tor's utilization plan within a period of time specified in regulations 19 promulgated by the director after receiving notification of such defi- 20 ciencies from the contracting agency. Where failure to remedy any noti- 21 fied deficiency in the utilization plan is a ground for disqualifica- 22 tion, that issue and all other grounds for disqualification shall be 23 stated in writing by the contracting agency. Where the contracting agen- 24 cy states that a failure to remedy any notified deficiency in the utili- 25 zation plan is a ground for disqualification the contractor shall be 26 entitled to an administrative hearing, on a record, involving all 27 grounds stated by the contracting agency. Such hearing shall be 28 conducted by the appropriate authority of the contracting agency to 29 review the determination of disqualification. A final administrative 30 determination made following such hearing shall be reviewable in a 31 proceeding commenced under article seventy-eight of the civil practice 32 law and rules, provided that such proceeding is commenced within thirty 33 days of the notice given by certified mail return receipt requested 34 rendering such final administrative determination. Such proceeding shall 35 be commenced in the supreme court, appellate division, third department 36 and such proceeding shall be preferred over all other civil causes 37 except election causes, and shall be heard and determined in preference 38 to all other civil business pending therein, except election matters, 39 irrespective of position on the calendar. Appeals taken to the court of 40 appeals of the state of New York shall be subject to the same prefer- 41 ence. 42 6. (a) Where it appears that a contractor cannot, after a good faith 43 effort, comply with the minority and women-owned business enterprise 44 participation requirements set forth in a particular state contract, a 45 contractor may file a written application with the contracting agency 46 requesting a partial or total waiver of such requirements setting forth 47 the reasons for such contractor's inability to meet any or all of the 48 participation requirements together with an explanation of the efforts 49 undertaken by the contractor to obtain the required minority and women- 50 owned business enterprise participation. In implementing the provisions 51 of this section, the contracting agency shall consider the number and 52 types of minority and women-owned business enterprises [located] avail- 53 able to provide goods or services required under the contract in the 54 region in which the state contract is to be performed, the total dollar 55 value of the state contract, the scope of work to be performed and the 56 project size and term. If, based on such considerations, the contractingA. 9508--B 22 1 agency determines there is not a reasonable availability of contractors 2 on the list of certified business to furnish services for the project, 3 it shall issue a waiver of compliance to the contractor. In making such 4 determination, the contracting agency shall first consider the avail- 5 ability of other business enterprises located in the region and shall 6 thereafter consider the financial ability of minority and women-owned 7 businesses located outside the region in which the contract is to be 8 performed to perform the state contract. 9 (b) Within thirty days of the issuance of a partial or total waiver of 10 compliance as provided in paragraph (a) of this subdivision, the 11 contracting agency shall: 12 (i) report the issuance of the waiver to the director; and 13 (ii) publish on the contracting agency's website: (A) information 14 identifying the contract, including the value of the contract; (B) the 15 name of the contractor receiving the waiver; (C) the date of the waiver; 16 (D) whether the waiver was a total or partial waiver; and (E) the 17 specific contract provisions to which the waiver applies. 18 7. For purposes of determining a contractor's good faith effort to 19 comply with the requirements of this section or to be entitled to a 20 waiver therefrom the contracting agency shall consider: 21 (a) whether the contractor has advertised in general circulation 22 media, trade association publications, and minority-focus and women-fo- 23 cus media and, in such event, (i) whether or not certified minority or 24 women-owned businesses which have been solicited by the contractor 25 exhibited interest in submitting proposals for a particular project by 26 attending or having attended a pre-bid conference, if any, scheduled by 27 the state agency awarding the state contract with certified minority and 28 women-owned business enterprises; and 29 (ii) whether certified businesses which have been solicited by the 30 contractor have responded in a timely fashion to the contractor's solic- 31 itations for timely competitive bid quotations prior to the contracting 32 agency's bid date; and 33 (b) whether [there has been] the contractor provided timely written 34 notification of subcontracting opportunities on the state contract to 35 appropriate certified businesses that appear in the directory of certi- 36 fied businesses prepared pursuant to paragraph (f) of subdivision three 37 of section three hundred eleven of this article; and 38 (c) whether the contractor can reasonably structure the amount of work 39 to be performed under subcontracts in order to increase the likelihood 40 of participation by certified businesses. 41 8. In the event that a contracting agency fails or refuses to issue a 42 waiver to a contractor as requested within twenty days after having made 43 application therefor pursuant to subdivision six of this section or if 44 the contracting agency denies such application, in whole or in part, the 45 contractor may file a complaint with the director pursuant to section 46 three hundred sixteen of this article setting forth the facts and 47 circumstances giving rise to the contractor's complaint together with a 48 demand for relief. The contractor shall serve a copy of such complaint 49 upon the contracting agency by personal service or by certified mail, 50 return receipt requested. The contracting agency shall be afforded an 51 opportunity to respond to such complaint in writing. 52 9. If, after the review of a contractor's minority and women owned 53 business utilization plan or review of a periodic compliance report and 54 after such contractor has been afforded an opportunity to respond to a 55 notice of deficiency issued by the contracting agency in connection 56 therewith, it appears that a contractor is failing or refusing to complyA. 9508--B 23 1 with the minority and women-owned business participation requirements as 2 set forth in the state contract and where no waiver from such require- 3 ments has been granted, the contracting agency may file a written 4 complaint with the director pursuant to section three hundred sixteen of 5 this article setting forth the facts and circumstances giving rise to 6 the contracting agency's complaint together with a demand for relief. 7 The contracting agency shall serve a copy of such complaint upon the 8 contractor by personal service or by certified mail, return receipt 9 requested. The contractor shall be afforded an opportunity to respond to 10 such complaint in writing. 11 § 6. Section 314 of the executive law, as added by chapter 261 of the 12 laws of 1988, subdivision 2-a as amended by chapter 175 of the laws of 13 2010, subdivision 4 as amended and subdivision 5 as added by chapter 399 14 of the laws of 2014, is amended to read as follows: 15 § 314. Statewide certification program. 1. The director shall promul- 16 gate rules and regulations providing for the establishment of a state- 17 wide certification program including rules and regulations governing the 18 approval, denial or revocation of any such certification, including 19 revocations for felony convictions for fraudulently misrepresenting the 20 status of minority or women-owned business enterprises. Such rules and 21 regulations shall include, but not be limited to, such matters as may be 22 required to ensure that the established procedures thereunder shall at 23 least be in compliance with the code of fair procedure set forth in 24 section seventy-three of the civil rights law and consistent with the 25 provisions of article twenty-three of the correction law. 26 2. For the purposes of this article, the office shall be responsible 27 for verifying businesses as being owned, operated, and controlled by 28 minority group members or women and for certifying such verified busi- 29 nesses. The director shall prepare a directory of certified businesses 30 for use by contracting agencies and contractors in carrying out the 31 provisions of this article. The director shall periodically update the 32 directory. 33 2-a. (a) The director shall establish a procedure enabling the office 34 to accept New York municipal corporation certification verification for 35 minority and women-owned business enterprise applicants in lieu of 36 requiring the applicant to complete the state certification process. The 37 director shall promulgate rules and regulations to set forth criteria 38 for the acceptance of municipal corporation certification. All eligible 39 municipal corporation certifications shall require business enterprises 40 seeking certification to meet the following standards: 41 (i) have at least fifty-one percent ownership by a minority or a 42 women-owned enterprise and be owned by United States citizens or perma- 43 nent resident aliens; 44 (ii) be an enterprise in which the minority and/or women-ownership 45 interest is real, substantial and continuing; 46 (iii) be an enterprise in which the minority and/or women-ownership 47 has and exercises the authority to control independently the day-to-day 48 business decisions of the enterprise; 49 (iv) be an enterprise authorized to do business in this state; 50 (v) be subject to a physical site inspection to verify the fifty-one 51 percent ownership requirement; and 52 (vi) [be owned by an individual or individuals, whose ownership,53control and operation are relied upon for certification, with a personal54net worth that does not exceed three million five hundred thousand55dollars, as adjusted annually for inflation according to the consumer56price index; andA. 9508--B 24 1(vii)] be an enterprise that is a small business pursuant to subdivi- 2 sion twenty of section three hundred ten of this article. 3 (b) The director shall work with all municipal corporations that have 4 a municipal minority and women-owned business enterprise program to 5 develop standards to accept state certification to meet the municipal 6 corporation minority and women-owned business enterprise certification 7 standards. 8 (c) The director shall establish a procedure enabling the division to 9 accept federal certification verification for minority and women-owned 10 business enterprise applicants, provided said standards comport with 11 those required by the state minority and women-owned business program, 12 in lieu of requiring the applicant to complete the state certification 13 process. The director shall promulgate rules and regulations to set 14 forth criteria for the acceptance of federal certification. 15 2-b. (a) Each business applying for minority or women-owned business 16 enterprise certification pursuant to this section must agree to allow: 17 (i) the department of taxation and finance to share its tax information 18 with the division and (ii) the department of labor to share its tax and 19 employer information with the division. 20 (b) Such information provided pursuant to paragraph (a) of this subdi- 21 vision shall be kept confidential by the division in the same manner and 22 under the same conditions as such information is kept by the department 23 of taxation and finance or the department of labor. 24 2-c. The director shall establish a procedure enabling the office to 25 approve an application by a business entity that is wholly owned by an 26 Indian nation or tribe, as defined in section two of the Indian law, in 27 lieu of requiring the applicant to complete the state certification 28 process. 29 3. Following application for certification pursuant to this section, 30 the director shall provide the applicant with written notice of the 31 status of the application, including notice of any outstanding deficien- 32 cies, within [thirty] fifteen days. Within [sixty] thirty days of 33 submission of a final completed application, the director shall provide 34 the applicant with written notice of a determination by the office 35 approving or denying such certification and, in the event of a denial a 36 statement setting forth the reasons for such denial. Upon a determi- 37 nation denying or revoking certification, the business enterprise for 38 which certification has been so denied or revoked shall, upon written 39 request made within thirty days from receipt of notice of such determi- 40 nation, be entitled to a hearing before an independent hearing officer 41 designated for such purpose by the director. In the event that a request 42 for a hearing is not made within such thirty day period, such determi- 43 nation shall be deemed to be final. The independent hearing officer 44 shall conduct a hearing and upon the conclusion of such hearing, issue a 45 written recommendation to the director to affirm, reverse or modify such 46 determination of the director. Such written recommendation shall be 47 issued to the parties. The director, within thirty days, by order, must 48 accept, reject or modify such recommendation of the hearing officer and 49 set forth in writing the reasons therefor. The director shall serve a 50 copy of such order and reasons therefor upon the business enterprise by 51 personal service or by certified mail return receipt requested. The 52 order of the director shall be subject to review pursuant to article 53 seventy-eight of the civil practice law and rules. 54 4. The director may, after performing an availability analysis and 55 upon a finding that industry-specific factors coupled with personal net 56 worth or small business eligibility requirements pursuant to subdivi-A. 9508--B 25 1 sions nineteen and twenty of section three hundred ten of this article, 2 respectively, have led to the significant exclusion of businesses owned 3 by minority group members or women in that industry, grant provisional 4 MWBE certification status to applicants from that designated industry, 5 provided, however, that all other eligibility requirements pursuant to 6 subdivision seven or fifteen of section three hundred ten of this arti- 7 cle, as applicable, are satisfied. Any industry-based determination made 8 under this section by the director shall be made widely available to the 9 public and posted on the division's website. 10 5. With the exception of provisional MWBE certification, as provided 11 for in subdivision twenty-three of section three hundred ten of this 12 article, all minority and women-owned business enterprise certifications 13 shall be valid for a period of three years. 14 § 6-a. The executive law is amended by adding a new section 314-a to 15 read as follows: 16 § 314-a. Post completion certification. The director, in collaboration 17 with the division of minority and women's business development and the 18 department of small business services, shall develop the following 19 standardized certification forms that must be completed under penalty of 20 perjury prior to the prime contractor being paid: 21 1. certification from a representative of the prime contractor that 22 the minority or women-owned business enterprise in fact performed the 23 services or provided the materials that they were contracted to perform 24 or provide; and 25 2. certification from a representative of the minority or women-owned 26 business enterprise that they in fact performed the services or provided 27 the materials that they were contracted to perform or provide. 28 § 7. Subdivisions 3, 4, 5, 6 and 7 of section 315 of the executive 29 law, subdivision 3 as amended and subdivisions 4, 5, 6 and 7 as added by 30 chapter 175 of the laws of 2010, are amended to read as follows: 31 3. Each contracting agency shall report to the director with respect 32 to activities undertaken to promote employment of minority group members 33 and women and promote and increase participation by certified businesses 34 with respect to state contracts and subcontracts. Such reports shall be 35 submitted periodically, but not less frequently than annually, as 36 required by the director, and shall include such information as is 37 necessary for the director to determine whether the contracting agency 38 and contractor have complied with the purposes of this article, includ- 39 ing, without limitation, a summary of all waivers of the requirements of 40 subdivisions six and seven of section three hundred thirteen of this 41 article allowed by the contracting agency during the period covered by 42 the report, including a description of the basis of the waiver request 43 and the rationale for granting any such waiver as well as any instances 44 in which the state agency has deemed a contractor to have committed a 45 violation pursuant to section three hundred sixteen-a of this article, 46 and such other information as the director shall require. Each agency 47 shall also include in such annual report whether or not it has been 48 required to prepare a remedial plan, and, if so, the plan and the extent 49 to which the agency has complied with each element of the plan. 50 4. The division of minority and women's business development shall 51 issue an annual report which: (a) summarizes the report submitted by 52 each contracting agency pursuant to subdivision three of this section; 53 (b) contains such comparative or other information as the director deems 54 appropriate, including but not limited to goals compared to actual 55 participation of minority and women-owned business enterprises in state 56 contracting, to evaluate the effectiveness of the activities undertakenA. 9508--B 26 1 by each such contracting agency to promote increased participation by 2 certified minority or women-owned businesses with respect to state 3 contracts and subcontracts; (c) contains a summary of all waivers of the 4 requirements of subdivisions six and seven of section three hundred 5 thirteen of this article allowed by each contracting agency during the 6 period covered by the report, including a description of the basis of 7 the waiver request and the contracting agency's rationale for granting 8 any such waiver; (d) describes any efforts to create a database or other 9 information storage and retrieval system containing information relevant 10 to contracting with minority and women-owned business enterprises; [and] 11 (e) contains a summary of: (i) all determinations of violations of this 12 article by a contractor or a contracting agency made during the period 13 covered by the annual report pursuant to section three hundred sixteen-a 14 of this article; and (ii) the penalties or sanctions, if any, assessed 15 in connection with such determinations and the rationale for such penal- 16 ties or sanctions; and (f) contains information on each contract identi- 17 fying the following: (i) whether it is a contract for goods or 18 services; (ii) whether the contract was awarded to a certified minori- 19 ty-owned business enterprise or a certified women-owned business enter- 20 prise and identify which minority group member the minority-owned busi- 21 ness enterprise relies on for certification pursuant to this article; 22 (iii) the name and business address of prime contractors and subcontrac- 23 tors providing services under such contract; and (iv) the dollar value 24 of such contract; and (g) contains a summary of all certified minority 25 and women-owned business enterprises, categorized by the minority group 26 member that such minority-owned business enterprise relies on for 27 certification pursuant to this article and by gender. Copies of the 28 annual report shall be provided to the commissioner, the governor, the 29 comptroller, the temporary president of the senate, the speaker of the 30 assembly, the minority leader of the senate, the minority leader of the 31 assembly and shall also be made widely available to the public via, 32 among other things, publication on a website maintained by the division 33 of minority and women's business development. 34 5. Each agency shall include in its annual report to the governor and 35 legislature pursuant to section one hundred sixty-four of [the executive36law] this chapter its annual goals for contracts with minority-owned and 37 women-owned business enterprises, the number of actual contracts issued 38 to minority-owned and women-owned business enterprises; and a summary of 39 all waivers of the requirements of subdivisions six and seven of section 40 three hundred thirteen of this article allowed by the reporting agency 41 during the preceding year, including a description of the basis of the 42 waiver request and the rationale for granting such waiver. Each agency 43 shall also include in such annual report whether or not it has been 44 required to prepare a remedial plan, and, if so, the plan and the extent 45 to which the agency has complied with each element of the plan. Each 46 agency shall also include in such annual report its three year growth 47 plan prepared pursuant to section three hundred eleven of this article. 48 6. Each contracting agency that substantially fails to meet the goals 49 supported by the disparity study or make a good faith effort, as defined 50 by regulation of the director, to achieve the maximum feasible partic- 51 ipation of minority and women-owned business enterprises in such agen- 52 cy's contracting shall be required to submit to the director a remedial 53 action plan to remedy such failure. 54 7. If it is determined by the director that any agency has failed to 55 act in good faith to implement the remedial action plan, pursuant to 56 subdivision six of this section within one year, the director shallA. 9508--B 27 1 provide written notice of such a finding, which shall be publicly avail- 2 able, and direct implementation of remedial actions to: 3 (a) assure that sufficient and effective solicitation efforts to women 4 and minority-owned business enterprises are being made by said agency; 5 (b) divide contract requirements, when economically feasible, into 6 quantities that will expand the participation of women and minority- 7 owned business enterprises; 8 (c) eliminate extended experience or capitalization requirements, when 9 programmatically and economically feasible, that will expand partic- 10 ipation by women and minority-owned business enterprises; 11 (d) identify specific proposed contracts as particularly attractive or 12 appropriate for participation by women and minority-owned business 13 enterprises with such identification to result from and be coupled with 14 the efforts of paragraphs (a), (b), and (c) of this subdivision; and 15 (e) upon a finding by the director that an agency has failed to take 16 affirmative measures to implement the remedial plan and to follow any of 17 the remedial actions set forth by the director, and in the absence of 18 any objective progress towards the agency's goals, require some or all 19 of the agency's procurement, for a specified period of time, be placed 20 under the direction and control of another agency or agencies, unless 21 such agency is a state funded entity. 22 § 7-a. Section 316 of the executive law, as amended by chapter 175 of 23 the laws of 2010, is amended to read as follows: 24 § 316. Enforcement. 1. Upon receipt by the director of a complaint by 25 a contracting agency that a contractor has violated the provisions of a 26 state contract which have been included to comply with the provisions of 27 this article or of a contractor that a contracting agency has violated 28 such provisions or has failed or refused to issue a waiver where one has 29 been applied for pursuant to subdivision six of section three hundred 30 thirteen of this article or has denied such application, the director 31 shall attempt to resolve the matter giving rise to such complaint. If 32 efforts to resolve such matter to the satisfaction of all parties are 33 unsuccessful, the director shall refer the matter, within thirty days of 34 the receipt of the complaint, to the division's hearing officers. Upon 35 conclusion of the administrative hearing, the hearing officer shall 36 submit to the director his or her decision regarding the alleged 37 violation of the contract and recommendations regarding the imposition 38 of sanctions, fines or penalties. The director, within ten days of 39 receipt of the decision, shall file a determination of such matter and 40 shall cause a copy of such determination along with a copy of this arti- 41 cle to be served upon the contractor by personal service or by certified 42 mail return receipt requested. The decision of the hearing officer shall 43 be final and may only be vacated or modified as provided in article 44 seventy-eight of the civil practice law and rules upon an application 45 made within the time provided by such article. The determination of the 46 director as to the imposition of any fines, sanctions or penalties shall 47 be reviewable pursuant to article seventy-eight of the civil practice 48 law and rules. The penalties imposed for any violation which is premised 49 upon either a fraudulent or intentional misrepresentation by the 50 contractor or the contractor's willful and intentional disregard of the 51 minority and women-owned participation requirement included in the 52 contract may include a determination that the contractor shall be ineli- 53 gible to submit a bid to any contracting agency or be awarded any such 54 contract for a period not to exceed one year following the final deter- 55 mination; provided however, if a contractor has previously been deter- 56 mined to be ineligible to submit a bid pursuant to this section, theA. 9508--B 28 1 penalties imposed for any subsequent violation, if such violation occurs 2 within five years of the first violation, may include a determination 3 that the contractor shall be ineligible to submit a bid to any contract- 4 ing agency or be awarded any such contract for a period not to exceed 5 five years following the final determination. The division of minority 6 and women's business development shall maintain a website listing all 7 contractors that have been deemed ineligible to submit a bid pursuant to 8 this section and the date after which each contractor shall once again 9 become eligible to submit bids. 10 2. Any fines, or portion thereof, imposed pursuant to subdivision one 11 of this section, or imposed by a court of competent jurisdiction related 12 to convictions involving fraud related to this article or otherwise 13 involving a minority or women-owned business enterprise, may be required 14 by the entity imposing such fines to be paid to the minority and women- 15 owned business enterprise fund established pursuant to section ninety- 16 seven-j of the state finance law. 17 § 8. Section 316-a of the executive law, as added by chapter 175 of 18 the laws of 2010, is amended to read as follows: 19 § 316-a. Prohibitions in contracts; violations. Every contracting 20 agency shall include a provision in its state contracts expressly 21 providing that any contractor who willfully and intentionally fails to 22 comply with the minority and women-owned participation requirements of 23 this article as set forth in such state contract shall be liable to the 24 contracting agency for liquidated or other appropriate damages and shall 25 provide for other appropriate remedies on account of such breach. A 26 contracting agency that elects to proceed against a contractor for 27 breach of contract as provided in this section shall be precluded from 28 seeking enforcement pursuant to section three hundred sixteen of this 29 article; provided however, that the contracting agency shall include a 30 summary of all enforcement actions undertaken pursuant to this section 31 in its annual report submitted pursuant to [subdivision three of] 32 section three hundred fifteen of this article. 33 § 9. Subdivision 6 of section 163 of the state finance law, as amended 34 by chapter 569 of the laws of 2015, is amended to read as follows: 35 6. Discretionary buying thresholds. Pursuant to guidelines established 36 by the state procurement council: the commissioner may purchase services 37 and commodities in an amount not exceeding eighty-five thousand dollars 38 without a formal competitive process; state agencies may purchase 39 services and commodities in an amount not exceeding fifty thousand 40 dollars without a formal competitive process; and state agencies may 41 purchase commodities or services from small business concerns or those 42 certified pursuant to articles fifteen-A and seventeen-B of the execu- 43 tive law, or commodities or technology that are recycled or remanufac- 44 tured, or commodities that are food, including milk and milk products, 45 grown, produced or harvested in New York state in an amount not exceed- 46 ing [two] four hundred thousand dollars without a formal competitive 47 process. 48 § 10. Subparagraph (i) of paragraph (b) of subdivision 3 of section 49 2879 of the public authorities law, as amended by chapter 174 of the 50 laws of 2010, is amended to read as follows: 51 (i) for the selection of such contractors on a competitive basis, and 52 provisions relating to the circumstances under which the board may by 53 resolution waive competition, including, notwithstanding any other 54 provision of law requiring competition, the purchase of goods or 55 services from small business concerns or those certified as minority or 56 women-owned business enterprises, or goods or technology that are recy-A. 9508--B 29 1 cled or remanufactured, in an amount not to exceed [two] four hundred 2 thousand dollars without a formal competitive process; 3 § 11. Paragraph a of subdivision 3 of section 139-j of the state 4 finance law is amended by adding two new subparagraphs 10 and 11 to read 5 as follows: 6 (10) Complaints by minority-owned business enterprises or women-owned 7 business enterprises, certified as such by the division of minority and 8 women's business development, to the minority and women-owned business 9 enterprise statewide advocate concerning the procuring governmental 10 entity's failure to comply with the requirements of section three 11 hundred fifteen of the executive law; 12 (11) Communications between the minority and women-owned business 13 enterprise statewide advocate and the procuring governmental entity in 14 furtherance of an investigation of the minority and women-owned business 15 enterprise statewide advocate pursuant to section three hundred twelve-a 16 of the executive law; 17 § 12. Subdivision 6 of section 8 of the public buildings law, as 18 amended by chapter 840 of the laws of 1980, is amended to read as 19 follows: 20 6. All contracts for amounts in excess of five thousand dollars for 21 the work of construction, reconstruction, alteration, repair or improve- 22 ment of any state building, whether constructed or to be constructed 23 must be offered for public bidding and may be awarded to the lowest 24 responsible and reliable bidder, as will best promote the public inter- 25 est, by the said department or other agency with the approval of the 26 comptroller for the whole or any part of the work to be performed, and, 27 in the discretion of the said department or other agency, such contracts 28 may be sublet; provided, however, that no such contract shall be awarded 29 to a bidder other than the lowest responsible and reliable bidder, 30 except for certain contracts awarded to minority or women-owned business 31 enterprises as provided herein, without the written approval of the 32 comptroller. When a proposal consists of unit prices of items specified 33 to be performed, the lowest bid shall be deemed to be that which specif- 34 ically states the lowest gross sum for which the entire work will be 35 performed, except for certain contracts awarded to minority or women- 36 owned business enterprises as provided herein, including all the items 37 specified in the proposal thereof. The lowest bid shall be determined by 38 the commissioner of general services on the basis of the gross sum for 39 which the entire work will be performed, arrived at by a correct compu- 40 tation of all the items specified in the proposal therefor at the unit 41 prices contained in the bid. Provided, however, that where a responsible 42 and reliable bidder certified as a minority-owned business enterprise or 43 women-owned business enterprise pursuant to article fifteen-A of the 44 executive law submits a bid of one million four hundred thousand dollars 45 or less, as adjusted annually for inflation beginning January first, two 46 thousand nineteen, the bid of the minority or women-owned business 47 enterprise shall be deemed the lowest bid unless it exceeds the bid of 48 the lowest bidder by more than ten percent. 49 § 13. The state finance law is amended by adding a new section 97-j to 50 read as follows: 51 § 97-j. Minority and women-owned business enterprise fund. 1. There 52 is hereby established in the joint custody of the state comptroller and 53 the commissioner of taxation and finance a special fund to be known as 54 the "minority and women-owned business enterprise fund". 55 2. Such funds shall consist of all moneys appropriated for the purpose 56 of such fund, all moneys transferred or paid to such fund pursuant toA. 9508--B 30 1 law, including pursuant to section three hundred sixteen of the execu- 2 tive law, and contributions consisting of grants, including grants or 3 other financial assistance from any agency of government and all moneys 4 required by the provisions of this section or any other law to be paid 5 into or credited to this fund. 6 3. Monies of the fund, following appropriation by the legislature, 7 shall be expended to acquire software, employ personnel to audit, inves- 8 tigate and prosecute minority and women-owned business enterprise fraud 9 and to underwrite minority and women-owned business enterprise programs 10 to assist minority and women business enterprise owners to develop 11 sustainable businesses. 12 § 14. The opening paragraph of subdivision (h) of section 121 of chap- 13 ter 261 of the laws of 1988, amending the state finance law and other 14 laws relating to the New York state infrastructure trust fund, as 15 amended by section 1 of part CCC of chapter 59 of laws of 2017, is 16 amended to read as follows: 17 The provisions of sections sixty-two through sixty-six of this act 18 shall expire [April fifteenth, two thousand eighteen, provided, however,19that if the statewide disparity study regarding the participation of20minority and women-owned business enterprises in state contracts21required pursuant to subdivision one of section three hundred twelve-a22of the executive law is completed and delivered to the governor and the23legislature on or before June thirtieth, two thousand seventeen, then24the provisions of sections sixty-two through sixty-six of this act shall25expire] and be deemed repealed on December thirty-first, two thousand 26 [eighteen] twenty-three, except that: 27 § 15. The executive law is amended by adding a new article 28 to read 28 as follows: 29 ARTICLE 28 30 WORKFORCE DIVERSITY PROGRAM 31 Section 821. Definitions. 32 822. Workforce participation goals. 33 823. Reporting. 34 824. Enforcement. 35 825. Powers and responsibilities of the division. 36 826. Severability. 37 § 821. Definitions. As used in this article, the following terms shall 38 have the following meanings: 39 1. "Contractor" shall mean an individual, a business enterprise, 40 including a sole proprietorship, a partnership, a corporation, a not- 41 for-profit corporation, or any other party to a state contract, or a 42 bidder in conjunction with the award of a state contract or a proposed 43 party to a state contract. 44 2. "Department" shall mean the department of labor. 45 3. "Director" shall mean the director of the division of minority and 46 women's business development. 47 4. "Disparity study" shall mean the most recent study of disparities 48 between the utilization of minority group members and women in the 49 performance of state contracts and the availability of minority group 50 members and women to perform such work by the director pursuant to arti- 51 cle fifteen-A of this chapter. 52 5. "Division" shall mean the department of economic development's 53 division of minority and women's business development. 54 6. "List of non-compliant contractors" shall mean a list of contrac- 55 tors and subcontractors, maintained by the division and published on theA. 9508--B 31 1 website of the division, that are ineligible to participate as contrac- 2 tors or subcontractors in the performance of state contracts for a term 3 determined by the director. 4 7. "Minority group member" shall mean a United States citizen or 5 permanent resident alien who is and can demonstrate membership in one of 6 the following groups: 7 (a) Black persons having origins in any of the Black African racial 8 groups; 9 (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, 10 Cuban, Central or South American of either Indian or Hispanic origin, 11 regardless of race; 12 (c) Native American or Alaskan native persons having origins in any of 13 the original peoples of North America; 14 (d) Asian and Pacific Islander persons having origins in any of the 15 Far East countries, South East Asia, the Indian subcontinent or the 16 Pacific Islands. 17 8. "Non-compliant contractor" shall mean a contractor or subcontractor 18 that has failed to make a good faith effort to meet the workforce 19 participation goal established by a state agency on a state contract, 20 and has been listed by the division on its list of non-compliant 21 contractors. 22 9. "State agency" shall mean (a)(i) any state department, or (ii) any 23 division, board, commission or bureau of any state department, or (iii) 24 the state university of New York and the city university of New York, 25 including all their constituent units except community colleges and the 26 independent institutions operating statutory or contract colleges on 27 behalf of the state, or (iv) a board, a majority of whose members are 28 appointed by the governor or who serve by virtue of being state officers 29 or employees as defined in subparagraph (i), (ii) or (iii) of paragraph 30 (i) of subdivision one of section seventy-three of the public officers 31 law. 32 (b) a "state authority," as defined in subdivision one of section two 33 of the public authorities law, and the following: 34 Albany County Airport Authority; 35 Albany Port District Commission; 36 Alfred, Almond, Hornellsville Sewer Authority; 37 Battery Park City Authority; 38 Cayuga County Water and Sewer Authority; 39 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center 40 Corporation; 41 Industrial Exhibit Authority; 42 Livingston County Water and Sewer Authority; 43 Long Island Power Authority; 44 Long Island Rail Road; 45 Long Island Market Authority; 46 Manhattan and Bronx Surface Transit Operating Authority; 47 Metro-North Commuter Railroad; 48 Metropolitan Suburban Bus Authority; 49 Metropolitan Transportation Authority; 50 Natural Heritage Trust; 51 New York City Transit Authority; 52 New York Convention Center Operating Corporation; 53 New York State Bridge Authority; 54 New York State Olympic Regional Development Authority; 55 New York State Thruway Authority; 56 Niagara Falls Public Water Authority;A. 9508--B 32 1 Niagara Falls Water Board; 2 Port of Oswego Authority; 3 Power Authority of the State of New York; 4 Roosevelt Island Operating Corporation; 5 Schenectady Metroplex Development Authority; 6 State Insurance Fund; 7 Staten Island Rapid Transit Operating Authority; 8 State University Construction Fund; 9 Syracuse Regional Airport Authority; 10 Triborough Bridge and Tunnel Authority; 11 Upper Mohawk valley regional water board; 12 Upper Mohawk valley regional water finance authority; 13 Upper Mohawk valley memorial auditorium authority; 14 Urban Development Corporation and its subsidiary corporations. 15 (c) the following only to the extent of state contracts entered into for 16 its own account or for the benefit of a state agency as defined in para- 17 graph (a) or (b) of this subdivision: 18 Dormitory Authority of the State of New York; 19 Facilities Development Corporation; 20 New York State Energy Research and Development Authority; 21 New York State Science and Technology Foundation. 22 10. "State contract" shall mean: (a) a written agreement or purchase 23 order instrument, providing for a total expenditure in excess of twen- 24 ty-five thousand dollars, whereby a state agency is committed to expend 25 or does expend or grant funds in return for labor, services including 26 but not limited to legal, financial and other professional services, 27 supplies, equipment, materials or any combination of the foregoing, to 28 be performed on behalf of, for, or rendered or furnished to the state 29 agency; (b) a written agreement in excess of one hundred thousand 30 dollars whereby a state agency is committed to expend or does expend or 31 grant funds for the acquisition, construction, demolition, replacement, 32 major repair or renovation of real property and improvements thereon; 33 and (c) a written agreement in excess of one hundred thousand dollars 34 whereby the owner of a state assisted housing project is committed to 35 expend or does expend funds for the acquisition, construction, demoli- 36 tion, replacement, major repair or renovation of real property and 37 improvements thereon for such project. 38 11. "Subcontractor" shall mean any individual or business enterprise 39 that provides goods or services to any individual or business for use in 40 the performance of a state contract, whether or not such goods or 41 services are provided to a party to a state contract. 42 § 822. Workforce participation goals. 1. The director, in consulta- 43 tion with the department, shall develop aspirational goals for the 44 utilization of minority group members and women in construction trade, 45 profession, and occupation. 46 (a) Aspirational goals for the utilization of minority group members 47 and women must set forth the expected participation of minority group 48 members and women in each construction trade, profession, and occupa- 49 tion, and shall be expressed as a percentage of the total hours of work 50 to be performed by each trade, profession, and occupation based on the 51 availability of minority group members and women within each trade, 52 profession, and occupation. 53 (i) The aspirational goals shall set forth separate levels of expected 54 participation by men and women for each minority group, and for Cauca- 55 sian women, in each construction trade, profession, and occupation.A. 9508--B 33 1 (ii) Aspirational goals for the expected participation of minority 2 group members and women shall be established for each county of the 3 state. The director may establish aspirational goals for the expected 4 participation of minority group members and women for municipalities 5 where the director deems feasible and appropriate. 6 (iii) The director shall, in establishing the aspirational goals, 7 consider the findings of the most recent disparity study and any rele- 8 vant data published by the United States Census Bureau. 9 (b) The director shall update the aspirational goals on a periodic 10 basis, no less than annually. 11 2. State agencies shall, for each invitation for bids, request for 12 proposals, or other solicitation that will result in the award of a 13 state contract, set forth the expected degree of workforce participation 14 by minority group members and women. 15 (a) Each workforce participation goal established by a state agency 16 shall set forth the expected level of participation by minority group 17 members and women in the performance of each trade, profession, and 18 occupation required in the performance of the contract. 19 (b) Goals for the participation of minority group members and women 20 shall set forth separate goals for each of the following groups in each 21 trade, profession, and occupation: 22 (i) Black men; 23 (ii) Black women; 24 (iii) Hispanic/Latino men; 25 (iv) Hispanic/Latino women; 26 (v) Native American men; 27 (vi) Native American women; 28 (vii) Asian men; 29 (viii) Asian women; 30 (ix) Caucasian women. 31 (c) In establishing workforce participation goals, state agencies 32 shall consider factors including, but not limited to: 33 (i) the findings of the most recent disparity study; 34 (ii) any relevant data published by the United States Census Bureau; 35 and 36 (iii) if applicable, any aspirational goal established by the divi- 37 sion. 38 (d) In any case where a state agency establishes a workforce partic- 39 ipation goal on an invitation for bids, request for proposals, or other 40 solicitation that will result in the award of a state contract for 41 construction that deviates from the aspirational goal for construction 42 work in the county or municipality in which the work will be performed, 43 the state agency shall document numerical evidence demonstrating that 44 the application of the aspirational goal would not be practical, feasi- 45 ble, or appropriate. 46 3. Every contractor responding to an invitation for bids, request for 47 proposals, or other solicitation that will result in the award of a 48 state contract subject to workforce participation goals pursuant to this 49 section shall agree to make a good faith effort to achieve such work- 50 force participation goal or request a waiver of such goal. 51 (a) A contractor that certifies that it will make a good faith effort 52 to achieve a workforce participation goal shall provide with its 53 response to the applicable invitation for bids, request for proposals, 54 or other solicitation: 55 (i) A certification stating that the contractor will make a good faith 56 effort to achieve the applicable workforce participation goal and willA. 9508--B 34 1 contractually require any subcontractors to the contractor to make a 2 good faith effort to achieve the applicable workforce participation goal 3 in any subcontracted work, which certification shall acknowledge that 4 failure by the contractor or any of its subcontractors to make a good 5 faith effort to achieve the applicable workforce participation goal may 6 result in a determination by the contracting state agency that the 7 contractor or its subcontractor is a non-compliant contractor; 8 (ii) The level of anticipated participation by minority group members 9 and women as employees to the contractor, or, if the state agency has 10 specifically indicated that such documentation is not required as part 11 of the response to the invitation for bids, request for proposals, or 12 other solicitation, a date certain for the submission of such documenta- 13 tion after the award of the state contract; 14 (iii) A list of all subcontractors anticipated to perform work on the 15 state contract and the level of anticipated participation by minority 16 group members and women as employees to each subcontractor, or, if the 17 state agency has specifically indicated that such documentation is not 18 required as part of the response to the invitation for bids, request for 19 proposals, or other solicitation, a date certain for the submission of 20 such documentation after the award of the state contract; and 21 (iv) Such other information as the contracting state agency shall 22 require. 23 (b) A contractor that requests a waiver of a workforce participation 24 goal shall provide with its response to the applicable invitation for 25 bids, request for proposals, or other solicitation: 26 (i) Numerical evidence setting forth why the achievement of the work- 27 force participation goal is not practical, feasible, or appropriate in 28 light of the trades, professions, and occupations required to perform 29 the work of the state contract; 30 (ii) Documentation of the contractor's efforts, and any efforts by 31 subcontractors to the contractor, to promote the inclusion of minority 32 group members and women in trades, professions, and occupations required 33 in the performance of the state contract; 34 (iii) The maximum feasible level of participation by minority group 35 members and women in each of the trades, professions, and occupations 36 required in the performance of the work of the state contract; 37 (iv) The level of anticipated participation by minority group members 38 and women as employees to the contractor; 39 (v) A list of all subcontractors anticipated to perform work on the 40 state contract and the level of anticipated participation by minority 41 group members and women as employees to each subcontractor; and 42 (vi) Any other relevant information evidencing that the contractor's 43 achievement of the workforce participation goal would not be practical, 44 feasible, or appropriate. 45 4. A state agency shall not award a state contract to a contractor 46 unless the contractor has (i) certified that it will make a good faith 47 effort to achieve the applicable workforce participation goal and 48 provided documentation of the workforce anticipated to perform the work 49 of the state contract or (ii) submitted a waiver request which the state 50 agency deems to reflect the maximum feasible participation of minority 51 group members and women in each of the trades, professions, and occupa- 52 tions required in performance of the work of the state contract. 53 (a) In the event that a contractor submits a certification or waiver 54 request that is accepted by the state agency, the state agency shall 55 establish in the state contract the expected level of participation by 56 minority group members and women in each of the trades, professions, andA. 9508--B 35 1 occupations required in performance of the work of the state contract, 2 require that the contractor make good faith efforts to achieve such 3 workforce participation goals, require that the contractor require any 4 subcontractors to make a good faith effort to achieve the applicable 5 workforce participation goal in any subcontracted work, and indicate 6 that the failure of the contractor or any of its subcontractors to make 7 a good faith effort to achieve the workforce participation goal may 8 result in the contractor or subcontractor being deemed a non-compliant 9 contractor. 10 (b) In the event that a contractor fails to submit a certification, 11 waiver request, or any other information required by the state agency, 12 or the state agency determines that a contractor's waiver request does 13 not demonstrate that the applicable workforce participation goal is 14 impractical, unfeasible, or inappropriate, the state agency shall notify 15 the contractor of the deficiency in writing and provide the contractor 16 ten business days to remedy the noticed deficiency. A state agency shall 17 reject any bid or proposal of a contractor that fails to timely respond 18 to a notice of deficiency or to provide documentation remedying the 19 deficiency to the satisfaction of the state agency. 20 (i) Where failure to remedy any notified deficiency in the workforce 21 utilization plan is a ground for disqualification, that issue and all 22 other grounds for disqualification shall be stated in writing by the 23 contracting state agency. The contractor shall be entitled to an admin- 24 istrative hearing, on a record, involving all grounds stated by the 25 contracting state agency in its notice of the contractor's disqualifica- 26 tion. Such hearing shall be conducted by the division to review the 27 determination of disqualification. Contractors required to submit to 28 such hearing shall have an opportunity to be heard. A final administra- 29 tive determination made following such hearing shall be reviewable in a 30 proceeding commenced under article seventy-eight of the civil practice 31 law and rules, provided that such proceeding is commenced within one 32 hundred twenty days of the notice given by certified mail return receipt 33 requested rendering such final administrative determination. Such 34 proceeding shall be commenced in the supreme court and such proceeding 35 shall be preferred over all other civil causes except election causes, 36 and shall be heard and determined in preference to all other civil busi- 37 ness pending therein, except election matters, irrespective of position 38 on the calendar. Appeals taken to the court of appeals of the state of 39 New York shall be subject to the same preference. 40 § 823. Reporting. 1. State contracts shall require contractors to 41 submit, and to require any subcontractors to submit, to the contracting 42 state agency reports documenting the hours worked by employees of the 43 contractor and any subcontractors in the performance of the work of the 44 state contract. Such reports shall be submitted no less frequently than 45 monthly for state contracts for construction and quarterly for all other 46 state contracts. Such reports shall identify the race, ethnicity, 47 gender, and trade, profession, and occupation of each employee perform- 48 ing work on a state contract. 49 2. State agencies shall submit periodic reports to the director, or 50 the designee of the director, concerning the participation of minority 51 group members and women in state contracts let by such agencies and such 52 state agencies' compliance with this article. Such reports shall be 53 submitted at such time, and include such information, as the director 54 shall require in regulations. State agencies shall make available their 55 facilities, books, and records for inspection, upon reasonable notice, 56 by the director or the director's designee.A. 9508--B 36 1 3. The department shall provide such assistance as the director shall 2 require in carrying out the requirements of this section. 3 § 824. Enforcement. 1. Where it appears that a contractor cannot, 4 after a good faith effort, meet the workforce participation goals set 5 forth in a particular state contract, a contractor may file a written 6 application with the contracting state agency requesting a partial or 7 total waiver of such requirements. Such request shall set forth the 8 reasons for such contractor's inability to meet the workforce partic- 9 ipation goal, specifically describe the reasons for any deviations from 10 the anticipated workforce participation set forth in the contractor's 11 bid or proposal leading to the award of the state contract, and describe 12 the efforts by the contractor and any subcontractors to achieve the 13 maximum feasible participation of minority group members and women in 14 the performance of the work of the state contract. Where the contrac- 15 tor's inability to achieve the workforce participation goal on a state 16 contract is attributable to the failure of one or more subcontractors to 17 make good faith efforts to achieve the maximum feasible participation of 18 minority group members and women in the performance of the work of the 19 state contract, the contractor shall identify such subcontractor or 20 subcontractors to the contracting state agency. 21 2. A state agency shall grant a request for a waiver of workforce 22 participation goals on a state contract where: 23 (a) The contractor demonstrates that the contractor and its subcon- 24 tractors made good faith efforts to achieve the workforce participation 25 goal on the state contract, and that insufficient minority group members 26 or women were available in the trades, professions, and occupations 27 required to perform the work of the state contract; or, 28 (b) The contractor contractually required each of its subcontractors 29 to make a good faith effort to achieve the maximum feasible partic- 30 ipation of minority group members and women in the performance of the 31 subcontracted work, periodically monitored such subcontractors' deploy- 32 ment of minority group members and women in the performance of the 33 subcontracted work, provided notice to such subcontractors of any defi- 34 ciencies in their deployment of minority group members and women in the 35 performance of such subcontracted work, and could not achieve the work- 36 force participation goal for one or more trades, professions, or occupa- 37 tions without the good faith efforts of such subcontractors. 38 3. Where a state agency denies a contractor's request for a waiver of 39 workforce participation goals pursuant to this section, the state agency 40 may recommend to the director and the department that the contractor be 41 deemed a non-compliant contractor. 42 4. Where a state agency grants a request for a waiver of workforce 43 participation goals pursuant to this section based on one or more 44 subcontractors' failure to make good faith efforts to achieve the maxi- 45 mum feasible participation of minority group members and women in the 46 performance of the subcontracted work, the state agency may recommend to 47 the director and the department that the subcontractor be deemed a non- 48 compliant contractor. 49 5. Upon receipt of a recommendation from a state agency that a 50 contractor or subcontractor should be deemed a non-compliant contractor, 51 the director shall, with the assistance of the department, review the 52 facts and circumstances forming the basis of the recommendation and 53 issue a determination as to whether or not the contractor or subcontrac- 54 tor should be deemed a non-compliant contractor and, if so, the duration 55 of such status as a non-compliant contractor. Such status shall last for 56 a maximum of four years in duration. In determining the duration of aA. 9508--B 37 1 contractor's or subcontractor's status as a non-compliant contractor, 2 the director shall consider: 3 (i) whether the contractor or subcontractor has previously been deemed 4 a non-compliant contractor; 5 (ii) the number of hours of expected participation by minority group 6 members and women lost as a result of the contractor's or subcontrac- 7 tor's failure to make good faith efforts to include minority group 8 members or women in the performance of one or more state contracts; and 9 (iii) whether the contractor or subcontractor has offered to provide 10 employment opportunities, training, or other remedial benefits to minor- 11 ity group members or women in relevant trades, professions, or occupa- 12 tions. 13 6. A contractor or subcontractor deemed a non-compliant contractor by 14 the director may request an administrative hearing before an independent 15 hearing officer to appeal the determination of the director. The deci- 16 sion of the hearing officer shall be final and may only be vacated or 17 modified as provided in article seventy-eight of the civil practice law 18 and rules upon an application made within the time provided by such 19 article. 20 7. Upon a final determination that a contractor or subcontractor is a 21 non-compliant contractor, the director shall list the contractor or 22 subcontractor as such on its website and indicate the term of such 23 contractor's or subcontractor's status as a non-compliant contractor. A 24 non-compliant contractor shall be ineligible to participate as a 25 contractor or subcontractor on any state contract. 26 § 825. Powers and responsibilities of the division. 1. The director 27 shall post to the website of the division on or before April first of 28 each year the aspirational goals for the utilization of minority group 29 members and women in construction required pursuant to section eight 30 hundred twenty-two of this article. 31 2. The director shall promulgate rules and regulations for the imple- 32 mentation of this article, including, but not limited to, procedures for 33 the submission of certifications and workforce utilization plans by 34 contractors, criteria for granting waivers of workforce participation 35 goals, and the contents of reports by state agencies concerning their 36 implementation of the requirements of this article. 37 3. The division shall, from time to time, review the facilities, 38 books, and records of state agencies to ascertain the accuracy of their 39 reports and their compliance with the requirements of this article. The 40 department shall provide such assistance as the director shall require 41 in carrying out the requirements of this section. 42 § 826. Severability. If any clause, sentence, paragraph, section or 43 part of this article shall be adjudged by any court of competent juris- 44 diction to be invalid, the judgment shall not affect, impair or invali- 45 date the remainder thereof, but shall be confined in its operation to 46 the clause, sentence, paragraph, section or part of this article direct- 47 ly involved in the controversy in which the judgment shall have been 48 rendered. 49 § 16. The executive law is amended by adding a new section 312-b to 50 read as follows: 51 § 312-b. Study of the feasibility of a minority and women-owned busi- 52 ness enterprise capacity mentorship program. 1. The empire state devel- 53 opment corporation shall conduct a study to explore the feasibility of a 54 minority and women-owned business enterprise capacity mentorship 55 program. The study should focus on which agencies and industries would 56 benefit most from such program, the utilization of any existing minorityA. 9508--B 38 1 and women-owned business enterprise mentorship programs, and any fiscal 2 implications. The study shall specifically focus on: 3 (a) which state agencies would benefit most from such program concen- 4 trating in construction; 5 (b) which state agencies would benefit most from such program concen- 6 trating in professional services; 7 (c) which state agencies would benefit most from such program concen- 8 trating in non-professional services; 9 (d) which state agencies would benefit most from such program concen- 10 trating in purchases of commodities; 11 (e) the duration of time minority and women-owned business enterprises 12 should participate in each program concentration described in paragraphs 13 (a) through (d) of this subdivision; 14 (f) the feasibility that such successful completion of such program 15 could be used as a factor for prequalifying participating minority and 16 women-owned business enterprises; and 17 (g) how such program can be tailored to better prepare minority and 18 women-owned business enterprises for bidding on contracts with such 19 agencies upon successful completion of the program. 20 2. Within twelve months of the effective date of this section, the 21 empire state development corporation shall issue a report of its find- 22 ings and recommendations to the governor, the temporary president of the 23 senate and the speaker of the assembly. Such report shall include, but 24 not be limited to, the following: 25 (a) actions that can be implemented to establish such capacity mentor- 26 ship program, a plan of action for such implementation, and the esti- 27 mated cost of the program including any additional division personnel 28 that may be required; 29 (b) any regulatory actions required by any agency in order to imple- 30 ment such program, a plan of action for implementing such actions, and 31 the estimated cost of such implementation; 32 (c) actions that require statutory changes in order to be implemented 33 and the estimated cost of such implementation; and 34 (d) the extent to which any existing minority and women-owned business 35 enterprise mentorship program, including pursuant to section one hundred 36 forty-seven of the state finance law, has been implemented, and the 37 relative success of such programs. 38 3. Within twenty-four months of the effective date of this section, 39 the empire state development corporation shall issue a report detailing 40 the actions taken to implement the recommendations of such study to the 41 governor, the temporary president of the senate and the speaker of the 42 assembly. Such report shall include a full examination of all aspects 43 of a minority and women-owned business enterprise capacity mentorship 44 program, the benefits of such program, a proposed plan of action for the 45 permanent establishment of such program and the estimated cost of such 46 program. 47 § 17. This act shall take effect April 1, 2018; provided, however, 48 that: 49 (a) the amendments to article 15-A of the executive law, made by 50 sections one, one-a, two, three, four, five, six, six-a, seven, seven-a, 51 eight and sixteen of this act, shall not affect the expiration and 52 repeal of such article and shall expire and be deemed repealed there- 53 with; 54 (b) the amendments to section 163 of the state finance law, made by 55 section nine of this act, shall not affect the expiration and repeal of 56 such section, and shall expire and be deemed repealed therewith;A. 9508--B 39 1 (c) the amendments to section 139-j of the state finance law, made by 2 section eleven of this act, shall not affect the expiration and repeal 3 of such section, and shall expire and be deemed repealed therewith; 4 (d) section fifteen of this act shall expire and be deemed repealed 5 December 31, 2023; and 6 (e) section 97-j of the state finance law, as added by section thir- 7 teen of this act, shall expire and be deemed repealed on the same date 8 as article 15-A of the executive law, pursuant to subdivision (h) of 9 section 121 of chapter 261 of the laws of 1988, as amended. 10 PART R 11 Intentionally Omitted 12 PART S 13 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the 14 executive law relating to permitting the secretary of state to provide 15 special handling for all documents filed or issued by the division of 16 corporations and to permit additional levels of such expedited service, 17 as amended by section 1 of part Q of chapter 58 of the laws of 2017, is 18 amended to read as follows: 19 § 2. This act shall take effect immediately, provided however, that 20 section one of this act shall be deemed to have been in full force and 21 effect on and after April 1, 2003 and shall expire March 31, [2018] 22 2019. 23 § 2. This act shall take effect immediately and shall be deemed to 24 have been in full force and effect on and after March 31, 2018. 25 PART T 26 Intentionally Omitted 27 PART U 28 Section 1. Section 970-r of the general municipal law, as added by 29 section 1 of part F of chapter 1 of the laws of 2003, subdivision 1, 30 paragraph f of subdivision 3 and paragraph h of subdivision 6 as amended 31 by section 1 of part F of chapter 577 of the laws of 2004, paragraph a 32 of subdivision 1 as amended and paragraph h of subdivision 1 as added by 33 chapter 386 of the laws of 2007, paragraph i of subdivision 1 as added 34 and paragraph e of subdivision 1, paragraph a of subdivision 2, para- 35 graph d of subdivision 2, the opening paragraph of paragraph e of subdi- 36 vision 2, subparagraph 6 of paragraph e of subdivision 2, paragraph f of 37 subdivision 2, paragraph g of subdivision 2, paragraph b of subdivision 38 3, the opening paragraph of paragraph f of subdivision 3, subparagraph 6 39 of paragraph f of subdivision 3, paragraph g of subdivision 3, paragraph 40 h of subdivision 3, paragraph i of subdivision 3, and subdivisions 7 and 41 9 as amended by chapter 390 of the laws of 2008, paragraph b of subdivi- 42 sion 2 as amended by section 26 and subparagraphs 2 and 5 of paragraph c 43 of subdivision 2 as amended by section 27, paragraph a of subdivision 3 44 as amended by section 28, subparagraphs 2 and 5 of paragraph e of subdi- 45 vision 3 and subdivision 4 as amended by section 29, paragraph a and 46 subparagraphs 2 and 5 of paragraph e of subdivision 6 as amended by 47 section 30 and subdivision 10 as added by section 31 of part BB of chap- 48 ter 56 of the laws of 2015, is amended to read as follows:A. 9508--B 40 1 § 970-r. State assistance for brownfield opportunity areas. 1. Defi- 2 nitions. a. "Applicant" shall mean the municipality, community board 3 and/or community based organization submitting an application in the 4 manner authorized by this section. 5 b. "Commissioner" shall mean the commissioner of the department of 6 environmental conservation. 7 c. "Community based organization" shall mean a not-for-profit corpo- 8 ration exempt from taxation under section 501(c)(3) of the internal 9 revenue code whose stated mission is promoting reuse of brownfield sites 10 or community revitalization within a specified geographic area in which 11 the community based organization is located; which has twenty-five 12 percent or more of its board of directors residing in the community in 13 such area; and represents a community with a demonstrated financial 14 need. "Community based organization" shall not include any not-for-pro- 15 fit corporation that has caused or contributed to the release or threat- 16 ened release of a contaminant from or onto the brownfield site, or any 17 not-for-profit corporation that generated, transported, or disposed of, 18 or that arranged for, or caused, the generation, transportation, or 19 disposal of contamination from or onto the brownfield site. This defi- 20 nition shall not apply if more than twenty-five percent of the members, 21 officers or directors of the not-for-profit corporation are or were 22 employed or receiving compensation from any person responsible for a 23 site under title thirteen or title fourteen of article twenty-seven of 24 the environmental conservation law, article twelve of the navigation law 25 or under applicable principles of statutory or common law liability. 26 d. "Brownfield site" shall have the same meaning as set forth in 27 section 27-1405 of the environmental conservation law. 28 e. "Department" shall mean the department of state. 29 f. "Contamination" or "contaminated" shall have the same meaning as 30 provided in section 27-1405 of the environmental conservation law. 31 g. "Municipality" shall have the same meaning as set forth in subdivi- 32 sion fifteen of section 56-0101 of the environmental conservation law. 33 h. "Community board" shall have the same meaning as set forth in 34 section twenty-eight hundred of the New York city charter. 35 i. "Secretary" shall mean the secretary of state. 36 j. "Nomination" shall mean a written plan for redevelopment and revi- 37 talization of any area wherein one or more known or suspected brownfield 38 sites are located. 39 2. State assistance for pre-nomination study for brownfield opportu- 40 nity areas. a. Within the limits of appropriations therefor, the secre- 41 tary is authorized to provide, on a competitive basis, financial assist- 42 ance to municipalities, to community based organizations, to community 43 boards, or to municipalities and community based organizations acting in 44 cooperation to prepare a pre-nomination study for a brownfield opportu- 45 nity area designation. Such financial assistance shall not exceed ninety 46 percent of the costs of such pre-nomination study for any such area. 47 b. Activities eligible to receive such assistance shall include, but 48 are not limited to, the assembly and development of basic information 49 about: 50 (1) the borders of the proposed brownfield opportunity area; 51 (2) the number and size of known or suspected brownfield sites; 52 (3) current and anticipated uses of the properties in the proposed 53 brownfield opportunity area; 54 (4) current and anticipated future conditions of groundwater in the 55 proposed brownfield opportunity area;A. 9508--B 41 1 (5) known data about the environmental conditions of the properties in 2 the proposed brownfield opportunity area; 3 (6) ownership of the properties in the proposed brownfield opportunity 4 area and whether the owners are participating in the brownfield opportu- 5 nity area planning process; and 6 (7) preliminary descriptions of possible remediation strategies, reuse 7 opportunities, necessary infrastructure improvements and other public or 8 private measures needed to stimulate investment, promote revitalization, 9 and enhance community health and environmental conditions. 10 c. Funding preferences shall be given to applications for such assist- 11 ance that relate to areas having one or more of the following character- 12 istics: 13 (1) areas for which the application is a partnered application by a 14 municipality and a community based organization; 15 (2) areas with concentrations of known or suspected brownfield sites; 16 (3) areas for which the application demonstrates support from a muni- 17 cipality and a community based organization; 18 (4) areas showing indicators of economic distress including low resi- 19 dent incomes, high unemployment, high commercial vacancy rates, 20 depressed property values; and 21 (5) areas with known or suspected brownfield sites presenting strate- 22 gic opportunities to stimulate economic development, community revitali- 23 zation or the siting of public amenities. 24 d. The secretary, upon the receipt of an application for such assist- 25 ance from a community based organization not in cooperation with the 26 local government having jurisdiction over the proposed brownfield oppor- 27 tunity area, shall request the municipal government to review and state 28 the municipal government's support or lack of support. The municipal 29 government's statement shall be considered a part of the application. 30 e. Each application for assistance shall be submitted to the secretary 31 in a format, and containing such information, as prescribed by the 32 secretary but shall include, at a minimum, the following: 33 (1) a statement of the rationale or relationship between the proposed 34 assistance and the criteria set forth in this subdivision for the evalu- 35 ation and ranking of assistance applications; 36 (2) the processes by which local participation in the development of 37 the application has been sought; 38 (3) the process to be carried out with the state assistance including, 39 but not limited to, the goals of and budget for the effort, the work 40 plan and timeline for the attainment of these goals, and the intended 41 process for community participation in the process; 42 (4) the manner and extent to which public or governmental agencies 43 with jurisdiction over issues that will be addressed in the data gather- 44 ing process will be involved in this process; 45 (5) other planning and development initiatives proposed or in progress 46 in the proposed brownfield opportunity area; and 47 (6) for each community based organization which is an applicant or a 48 co-applicant, a copy of its determination of tax exempt status issued by 49 the federal internal revenue service pursuant to section 501 of the 50 internal revenue code, a description of the relationship between the 51 community based organization and the area that is the subject of the 52 application, its financial and institutional accountability, its experi- 53 ence in conducting and completing planning initiatives and in working 54 with the local government associated with the proposed brownfield oppor- 55 tunity area.A. 9508--B 42 1 f. Prior to making an award for assistance, the secretary shall notify 2 the temporary president of the senate and speaker of the assembly. 3 g. Following notification to the applicant that assistance has been 4 awarded, and prior to disbursement of funds, a contract shall be 5 executed between the department and the applicant or co-applicants. The 6 secretary shall establish terms and conditions for such contracts as the 7 secretary deems appropriate, including provisions to define: applicant's 8 work scope, work schedule, and deliverables; fiscal reports on budgeted 9 and actual use of funds expended; and requirements for submission of a 10 final fiscal report. The contract shall also require the distribution of 11 work products to the department, and, for community based organizations, 12 to the applicant's municipality. Applicants shall be required to make 13 the results publicly available. 14 3. State assistance for nominations to designate brownfield opportu- 15 nity areas. a. Within the limits of appropriations therefor, the secre- 16 tary is authorized to provide, on a competitive basis, financial assist- 17 ance to municipalities, to community based organizations, to community 18 boards, or to municipalities and community based organizations acting in 19 cooperation to prepare a nomination for designation of a brownfield 20 opportunity area. Such financial assistance shall not exceed ninety 21 percent of the costs of such nomination for any such area. A nomination 22 study must include sufficient information to designate the brownfield 23 opportunity area. The contents of the nomination study shall be devel- 24 oped based on pre-nomination study information, if conducted, which 25 shall principally consist of an area-wide study, documenting the histor- 26 ic brownfield uses in the area proposed for designation. 27 b. An application for such financial assistance shall include an indi- 28 cation of support from owners of brownfield sites in the proposed brown- 29 field opportunity area. All residents and property owners in the 30 proposed brownfield opportunity area shall receive notice in such form 31 and manner as the secretary shall prescribe. 32 c. No application for such financial assistance shall be considered 33 unless the applicant demonstrates that it has, to the maximum extent 34 practicable, solicited and considered the views of residents of the 35 proposed brownfield opportunity area, the views of state and local offi- 36 cials elected to represent such residents and the local organizations 37 representing such residents. 38 d. Activities eligible to receive such financial assistance shall 39 include the identification, preparation, creation, development and 40 assembly of information and elements to be included in a nomination for 41 designation of a brownfield opportunity area, including but not limited 42 to: 43 (1) the borders of the proposed brownfield opportunity area; 44 (2) the location and size of each known or suspected brownfield site 45 in the proposed brownfield opportunity area; 46 (3) the identification of strategic sites within the proposed brown- 47 field opportunity area; 48 (4) the type of potential developments anticipated for sites within 49 the proposed brownfield opportunity area proposed by either the current 50 or the prospective owners of such sites; 51 (5) local legislative or regulatory action which may be required to 52 implement a plan for the redevelopment of the proposed brownfield oppor- 53 tunity area; 54 (6) priorities for public and private investment in infrastructure, 55 open space, economic development, housing, or community facilities in 56 the proposed brownfield opportunity area;A. 9508--B 43 1 (7) identification and mapping of current and anticipated uses of the 2 properties and groundwater in the proposed brownfield opportunity area; 3 (8) existing detailed assessments of individual brownfield sites and, 4 where the consent of the site owner has been obtained, the need for 5 conducting on-site assessments; 6 (9) known data about the environmental conditions of properties in the 7 proposed brownfield opportunity area; 8 (10) ownership of the known or suspected brownfield properties in the 9 proposed brownfield opportunity area to the extent such info is readily 10 publicly available; 11 (11) descriptions of possible remediation strategies, reuse opportu- 12 nities, brownfield redevelopment, necessary infrastructure improvements 13 and other public or private measures needed to stimulate investment, 14 promote revitalization, and enhance community health and environmental 15 conditions; 16 (12) the goals and objectives, both short term and long term, for the 17 economic revitalization of the proposed brownfield opportunity area; 18 [and] 19 (13) the publicly controlled and other developable lands and buildings 20 within the proposed brownfield opportunity area which are or could be 21 made available for residential, industrial and commercial 22 development[.]; and 23 (14) a community participation strategy to maximize public awareness 24 and to solicit and consider the views of residents, businesses and other 25 stakeholders of the proposed brownfield opportunity area. 26 e. Funding preferences shall be given to applications for such assist- 27 ance that relate to areas having one or more of the following character- 28 istics: 29 (1) areas for which the application is a partnered application by a 30 municipality and a community based organization; 31 (2) areas with concentrations of known or suspected brownfield sites; 32 (3) areas for which the application demonstrates support from a muni- 33 cipality and a community based organization; 34 (4) areas showing indicators of economic distress including low resi- 35 dent incomes, high unemployment, high commercial vacancy rates, 36 depressed property values; and 37 (5) areas with known or suspected brownfield sites presenting strate- 38 gic opportunities to stimulate economic development, community revitali- 39 zation or the siting of public amenities. 40 f. Each application for such assistance shall be submitted to the 41 secretary in a format, and containing such information, as prescribed by 42 the secretary but shall include, at a minimum, the following: 43 (1) a statement of the rationale or relationship between the proposed 44 assistance and the criteria set forth in this section for the evaluation 45 and ranking of assistance applications; 46 (2) the processes by which local participation in the development of 47 the application has been sought; 48 (3) the process to be carried out under the state assistance includ- 49 ing, but not limited to, the goals of and budget for the effort, the 50 work plan and timeline for the attainment of these goals, and the 51 intended process for public participation in the process; 52 (4) the manner and extent to which public or governmental agencies 53 with jurisdiction over issues that will be addressed in the data gather- 54 ing process will be involved in this process; 55 (5) other planning and development initiatives proposed or in progress 56 in the proposed brownfield opportunity area;A. 9508--B 44 1 (6) for each community based organization which is an applicant or a 2 co-applicant, a copy of its determination of tax exempt status issued by 3 the federal internal revenue service pursuant to section 501 of the 4 internal revenue code, a description of the relationship between the 5 community based organization and the area that is the subject of the 6 application, its financial and institutional accountability, its experi- 7 ence in conducting and completing planning initiatives and in working 8 with the local government associated with the proposed brownfield oppor- 9 tunity area; and 10 (7) the financial commitments the applicant will make to the brown- 11 field opportunity area for activities including, but not limited to, 12 marketing of the area for business development, human resource services 13 for residents and businesses in the brownfield opportunity area, and 14 services for small and minority and women-owned businesses. 15 g. [The secretary, upon the receipt of an] An application for such 16 assistance from a community based organization not in cooperation with 17 the local government having jurisdiction over the proposed brownfield 18 opportunity area, shall [request the municipal government to review and19state the municipal government's support or lack of support] include a 20 resolution from the city, town, or village with planning and land use 21 authority in which the brownfield opportunity area is proposed, stating 22 support or lack of support. The [municipal government's statement] 23 resolution from such city, town, or village shall be considered a part 24 of the application. 25 h. Prior to making an award for assistance, the secretary shall notify 26 the temporary president of the senate and speaker of the assembly. 27 i. Following notification to the applicant that assistance has been 28 awarded, and prior to disbursement of funds, a contract shall be 29 executed between the department and the applicant or co-applicants. The 30 secretary shall establish terms and conditions for such contracts as the 31 secretary deems appropriate, including provisions to define: applicant's 32 work scope, work schedule, and deliverables; fiscal reports on budgeted 33 and actual use of funds expended; and requirements for submission of a 34 final fiscal report. The contract shall also require the distribution of 35 work products to the department, and, for community based organizations, 36 to the applicant's municipality. Applicants shall be required to make 37 the results publicly available. Such contract shall further include a 38 provision providing that if any responsible party payments become avail- 39 able to the applicant, the amount of such payments attributable to 40 expenses paid by the award shall be paid to the department by the appli- 41 cant; provided that the applicant may first apply such responsible party 42 payments toward any actual project costs incurred by the applicant. 43 4. Designation of brownfield opportunity area. Upon completion of a 44 nomination for designation of a brownfield opportunity area, it shall be 45 forwarded by the applicant to the secretary, who shall determine whether 46 it is consistent with the provisions of this section. The secretary may 47 review and approve a nomination for designation of a brownfield opportu- 48 nity area at any time. If the secretary determines that the nomination 49 is consistent with the provisions of this section, the brownfield oppor- 50 tunity area shall be designated. If the secretary determines that the 51 nomination is not consistent with the provisions of this section, the 52 secretary shall make recommendations in writing to the applicant of the 53 manner and nature in which the nomination should be amended. 54 5. Priority and preference. The designation of a brownfield opportu- 55 nity area pursuant to this section is intended to serve as a planning 56 tool. It alone shall not impose any new obligations on any property orA. 9508--B 45 1 property owner. To the extent authorized by law, projects in brownfield 2 opportunity areas designated pursuant to this section shall receive a 3 priority and preference when considered for financial assistance pursu- 4 ant to articles fifty-four and fifty-six of the environmental conserva- 5 tion law. To the extent authorized by law, projects in brownfield oppor- 6 tunity areas designated pursuant to this section may receive a priority 7 and preference when considered for financial assistance pursuant to any 8 other state, federal or local law. 9 6. State assistance for brownfield site assessments in brownfield 10 opportunity areas. a. Within the limits of appropriations therefor, the 11 secretary of state, is authorized to provide, on a competitive basis, 12 financial assistance to municipalities, to community based organiza- 13 tions, to community boards, or to municipalities and community based 14 organizations acting in cooperation to conduct brownfield site assess- 15 ments. Such financial assistance shall not exceed ninety percent of the 16 costs of such brownfield site assessment. 17 b. Brownfield sites eligible for such assistance must be owned by a 18 municipality, or volunteer as such term is defined in section 27-1405 of 19 the environmental conservation law. 20 c. Brownfield site assessment activities eligible for funding include, 21 but are not limited to, testing of properties to determine the nature 22 and extent of the contamination (including soil and groundwater), envi- 23 ronmental assessments, the development of a proposed remediation strate- 24 gy to address any identified contamination, and any other activities 25 deemed appropriate by the commissioner in consultation with the secre- 26 tary of state. Any environmental assessment shall be subject to the 27 review and approval of such commissioner. 28 d. Applications for such assistance shall be submitted to the commis- 29 sioner in a format, and containing such information, as prescribed by 30 the commissioner in consultation with the secretary of state. 31 e. Funding preferences shall be given to applications for such assist- 32 ance that relate to areas having one or more of the following character- 33 istics: 34 (1) areas for which the application is a partnered application by a 35 municipality and a community based organization; 36 (2) areas with concentrations of known or suspected brownfield sites; 37 (3) areas for which the application demonstrates support from a muni- 38 cipality and a community based organization; 39 (4) areas showing indicators of economic distress including low resi- 40 dent incomes, high unemployment, high commercial vacancy rates, 41 depressed property values; and 42 (5) areas with known or suspected brownfield sites presenting strate- 43 gic opportunities to stimulate economic development, community revitali- 44 zation or the siting of public amenities. 45 f. The commissioner, upon the receipt of an application for such 46 assistance from a community based organization not in cooperation with 47 the local government having jurisdiction over the proposed brownfield 48 opportunity area, shall request the municipal government to review and 49 state the municipal government's support or lack of support. The munici- 50 pal government's statement shall be considered a part of the applica- 51 tion. 52 g. Prior to making an award for assistance, the commissioner shall 53 notify the temporary president of the senate and the speaker of the 54 assembly. 55 h. Following notification to the applicant that assistance has been 56 awarded, and prior to disbursement of funds, a contract shall beA. 9508--B 46 1 executed between the department and the applicant or co-applicants. The 2 commissioner shall establish terms and conditions for such contracts as 3 the commissioner deems appropriate in consultation with the secretary of 4 state, including provisions to define: applicant's work scope, work 5 schedule, and deliverables; fiscal reports on budgeted and actual use of 6 funds expended; and requirements for submission of a final fiscal 7 report. The contract shall also require the distribution of work 8 products to the department, and, for community based organizations, to 9 the applicant's municipality. Applicants shall be required to make the 10 results publicly available. Such contract shall further include a 11 provision providing that if any responsible party payments become avail- 12 able to the applicant, the amount of such payments attributable to 13 expenses paid by the award shall be paid to the department by the appli- 14 cant; provided that the applicant may first apply such responsible party 15 payments towards actual project costs incurred by the applicant. 16 7. Amendments to designated area. Any proposed amendment to a brown- 17 field opportunity area designated pursuant to this section shall be 18 proposed, and reviewed by the secretary, in the same manner and using 19 the same criteria set forth in this section and applicable to an initial 20 nomination for the designation of a brownfield opportunity area. 21 8. Applications. a. All applications for pre-nomination study assist- 22 ance or applications for designation of a brownfield opportunity area 23 shall demonstrate that the following community participation activities 24 have been or will be performed by the applicant: 25 (1) identification of the interested public and preparation of a 26 contact list; 27 (2) identification of major issues of public concern; 28 (3) [provision to] public access to (i) the draft and final applica- 29 tion for pre-nomination assistance and brownfield opportunity area 30 designation, and (ii) any supporting documents in a manner convenient to 31 the public; 32 (4) public notice and newspaper notice of (i) the intent of the muni- 33 cipality and/or community based organization to undertake a pre-nomina- 34 tion process or prepare a brownfield opportunity area plan, and (ii) the 35 availability of such application. 36 b. Application for nomination of a brownfield opportunity area shall 37 provide the following minimum community participation activities: 38 (1) a comment period of at least thirty days on a draft application; 39 (2) a public meeting on a brownfield opportunity area draft applica- 40 tion. 41 9. Financial assistance; advance payment. Notwithstanding any other 42 law to the contrary, financial assistance pursuant to this section 43 provided by the commissioner and the secretary pursuant to an executed 44 contract may include an advance payment up to twenty-five percent of the 45 contract amount. 46 10. The secretary shall establish criteria for brownfield opportunity 47 area conformance determinations for purposes of the brownfield redevel- 48 opment tax credit component pursuant to clause (ii) of subparagraph (B) 49 of paragraph [(5)] five of subdivision (a) of section twenty-one of the 50 tax law. In establishing criteria, the secretary shall be guided by, but 51 not limited to, the following considerations: how the proposed use and 52 development advances the designated brownfield opportunity area plan's 53 vision statement, goals and objectives for revitalization; how the 54 density of development and associated buildings and structures advances 55 the plan's objectives, desired redevelopment and priorities for invest-A. 9508--B 47 1 ment; and how the project complies with zoning and other local laws and 2 standards to guide and ensure appropriate use of the project site. 3 § 2. This act shall take effect immediately. 4 PART V 5 Section 1. Section 159-j of the executive law is REPEALED. 6 § 2. This act shall take effect October 1, 2018. 7 PART W 8 Section 1. This Part enacts into law major components of legislation 9 relating to student loan servicers and student debt relief consultants. 10 Each component is wholly contained within a Subpart identified as 11 Subparts A through C. The effective date for each particular provision 12 contained within such Subpart is set forth in the last section of such 13 Subpart. Any provision in any section contained within a Subpart, 14 including the effective date of the Subpart, which makes a reference to 15 a section "of this act", when used in connection with that particular 16 component, shall be deemed to mean and refer to the corresponding 17 section of the Subpart in which it is found. 18 SUBPART A 19 Section 1. The banking law is amended by adding a new article 14-A to 20 read as follows: 21 ARTICLE XIV-A 22 STUDENT LOAN SERVICERS 23 Section 710. Definitions. 24 711. Licensing. 25 712. Application for a student loan servicer license; fees. 26 713. Application process to receive license to engage in the 27 business of student loan servicing. 28 714. Changes in officers and directors. 29 715. Changes in control. 30 716. Grounds for suspension or revocation of license. 31 717. Books and records; reports and electronic filing. 32 718. Rules and regulations. 33 719. Prohibited practices. 34 720. Servicing student loans without a license. 35 721. Responsibilities. 36 722. Examinations. 37 723. Penalties for violation of this article. 38 724. Severability of provisions. 39 725. Compliance with other laws. 40 § 710. Definitions. 1. "Applicant" shall mean any person applying for 41 a license to be a student loan servicer. 42 2. "Borrower" shall mean any resident of this state who has received a 43 student loan or agreed in writing to pay a student loan or any person 44 who shares a legal obligation with such resident for repaying a student 45 loan. 46 3. "Borrower benefit" shall mean an incentive offered to a borrower in 47 connection with the origination of a student loan, including but not 48 limited to an interest rate reduction, principal rebate, fee waiver or 49 rebate, loan cancellation, or cosigner release.A. 9508--B 48 1 4. "Exempt organization" shall mean any banking organization, foreign 2 banking corporation, national bank, federal savings association, federal 3 credit union, or any bank, trust company, savings bank, savings and loan 4 association, or credit union organized under the laws of any other 5 state. 6 5. "Person" shall mean any individual, association, corporation, 7 limited liability company, partnership, trust, unincorporated organiza- 8 tion, or any other entity. 9 6. "Servicer" or "student loan servicer" shall mean a person licensed 10 pursuant to section seven hundred eleven of this article to engage in 11 the business of servicing any student loan of a borrower. 12 7. "Servicing" shall mean: 13 (a) receiving any payment from a borrower pursuant to the terms of any 14 student loan; 15 (b) applying any payment to a borrower's account pursuant to the terms 16 of a student loan or the contract governing the servicing of any such 17 loan; 18 (c) providing any notification of amounts owed on a student loan by or 19 on account of any borrower; 20 (d) during a period when a borrower is not required to make a payment 21 on a student loan, maintaining account records for the student loan and 22 communicating with the borrower regarding the student loan on behalf of 23 the owner of the student loan promissory note; 24 (e) interacting with a borrower with respect to or regarding any 25 attempt to avoid default on the borrower's student loan, or facilitating 26 the activities described in paragraph (a) or (b) of this subdivision; or 27 (f) performing other administrative services with respect to a borrow- 28 er's student loan. 29 8. "Student loan" shall mean any loan to a borrower to finance postse- 30 condary education or expenses related to postsecondary education. 31 § 711. Licensing. 1. No person shall engage in the business of servic- 32 ing student loans owed by one or more borrowers residing in this state 33 without first being licensed by the superintendent as a student loan 34 servicer in accordance with this article and such regulations as may be 35 prescribed by the superintendent. 36 2. The licensing provisions of this subdivision shall not apply to any 37 exempt organization. 38 § 712. Application for a student loan servicer license; fees. 1. The 39 application for a license to be a student loan servicer shall be in 40 writing, under oath, and in the form prescribed by the superintendent. 41 Notwithstanding article three of the state technology law or any other 42 law to the contrary, the superintendent may require that an application 43 for a license or any other submission or application for approval as may 44 be required by this article be made or executed by electronic means if 45 he or she deems it necessary to ensure the efficient and effective 46 administration of this article. The application shall include a 47 description of the activities of the applicant, in such detail and for 48 such periods as the superintendent may require, including: 49 (a) an affirmation of financial solvency noting such capitalization 50 requirements as may be required by the superintendent, and access to 51 such credit as may be required by the superintendent; 52 (b) a financial statement prepared by a certified public accountant, 53 the accuracy of which is sworn to under oath before a notary public by 54 an officer or other representative of the applicant who is authorized to 55 execute such documents;A. 9508--B 49 1 (c) an affirmation that the applicant, or its members, officers, part- 2 ners, directors and principals as may be appropriate, are at least twen- 3 ty-one years of age; 4 (d) information as to the character, fitness, financial and business 5 responsibility, background and experiences of the applicant, or its 6 members, officers, partners, directors and principals as may be appro- 7 priate; and 8 (e) any additional detail or information required by the superinten- 9 dent. 10 2. An application to become a student loan servicer or any application 11 with respect to a student loan servicer shall be accompanied by a fee as 12 prescribed pursuant to section eighteen-a of this chapter. 13 § 713. Application process to receive license to engage in the busi- 14 ness of student loan servicing. 1. Upon the filing of an application for 15 a license, if the superintendent shall find that the financial responsi- 16 bility, experience, character, and general fitness of the applicant and, 17 if applicable, the members, officers, partners, directors and principals 18 of the applicant are such as to command the confidence of the community 19 and to warrant belief that the business will be operated honestly, fair- 20 ly, and efficiently within the purpose of this article, the superinten- 21 dent shall thereupon issue a license in duplicate to engage in the busi- 22 ness of servicing student loans described in section seven hundred ten 23 of this article in accordance with the provisions of this article. If 24 the superintendent shall not so find, the superintendent shall not issue 25 a license, and the superintendent shall so notify the applicant. The 26 superintendent shall transmit one copy of a license to the applicant and 27 file another copy in the office of the department of financial services. 28 Upon receipt of such license, a student loan servicer shall be author- 29 ized to engage in the business of servicing student loans in accordance 30 with the provisions of this article. Such license shall remain in full 31 force and effect until it is surrendered by the servicer or revoked or 32 suspended as hereinafter provided. 33 2. The superintendent may refuse to issue a license pursuant to this 34 article if he or she shall find that the applicant, or any person who is 35 a director, officer, partner, agent, employee, member or substantial 36 stockholder of the applicant: 37 (a) lacks the good moral character and general fitness such as to 38 warrant belief that the licensed entity would be operated honestly, 39 fairly and efficiently within the purposes of this article; 40 (b) has had a license or registration revoked by the superintendent or 41 any other regulator or jurisdiction; 42 (c) has been an officer, director, partner, member or substantial 43 stockholder of an entity which has had a license or registration revoked 44 by the superintendent or any other regulator or jurisdiction; or 45 (d) has been an agent, employee, officer, director, partner or member 46 of an entity which has had a license or registration revoked by the 47 superintendent where such person shall have been found by the super- 48 intendent to bear responsibility in connection with the revocation. 49 3. The term "substantial stockholder", as used in this section, shall 50 be deemed to refer to a person owning or controlling directly or indi- 51 rectly ten per centum or more of the total outstanding stock of a corpo- 52 ration. 53 § 714. Changes in officers and directors. Upon any change of any of 54 the executive officers, directors, partners or members of any student 55 loan servicer, the student loan servicer shall submit to the superinten- 56 dent the name, address, and occupation of each new officer, director,A. 9508--B 50 1 partner or member, and provide such other information as the superinten- 2 dent may require. 3 § 715. Changes in control. 1. It shall be unlawful, except with the 4 prior approval of the superintendent, for any action to be taken which 5 results in a change of control of the business of a student loan servi- 6 cer. Prior to any change of control, the person desirous of acquiring 7 control of the business of a student loan servicer shall make written 8 application to the superintendent and pay an investigation fee as 9 prescribed pursuant to section eighteen-a of this chapter to the super- 10 intendent. The application shall contain such information as the super- 11 intendent, by rule or regulation, may prescribe as necessary or appro- 12 priate for the purpose of making the determination required by 13 subdivision two of this section. Such information shall include, but not 14 be limited to, the information and other material required for a student 15 loan servicer by subdivision one of section seven hundred twelve of this 16 article. 17 2. The superintendent shall approve or disapprove the proposed change 18 of control of a student loan servicer in accordance with the provisions 19 of section seven hundred thirteen of this article. 20 3. For a period of six months from the date of qualification thereof 21 and for such additional period of time as the superintendent may 22 prescribe, in writing, the provisions of subdivisions one and two of 23 this section shall not apply to a transfer of control by operation of 24 law to the legal representative, as hereinafter defined, of one who has 25 control of a student loan servicer. Thereafter, such legal represen- 26 tative shall comply with the provisions of subdivisions one and two of 27 this section. The provisions of subdivisions one and two of this section 28 shall be applicable to an application made under this section by a legal 29 representative. The term "legal representative", for the purposes of 30 this subdivision, shall mean a person duly appointed by a court of 31 competent jurisdiction to act as executor, administrator, trustee, 32 committee, conservator or receiver, including a person who succeeds a 33 legal representative and a person acting in an ancillary capacity there- 34 to in accordance with the provisions of such court appointment. 35 4. As used in this section the term "control" means the possession, 36 directly or indirectly, of the power to direct or cause the direction of 37 the management and policies of a student loan servicer, whether through 38 the ownership of voting stock of such student loan servicer, the owner- 39 ship of voting stock of any person which possesses such power or other- 40 wise. Control shall be presumed to exist if any person, directly or 41 indirectly, owns, controls or holds with power to vote ten per centum or 42 more of the voting stock of any student loan servicer or of any person 43 which owns, controls or holds with power to vote ten per centum or more 44 of the voting stock of any student loan servicer, but no person shall be 45 deemed to control a student loan servicer solely by reason of being an 46 officer or director of such student loan servicer. The superintendent 47 may in his discretion, upon the application of a student loan servicer 48 or any person who, directly or indirectly, owns, controls or holds with 49 power to vote or seeks to own, control or hold with power to vote any 50 voting stock of such student loan servicer, determine whether or not the 51 ownership, control or holding of such voting stock constitutes or would 52 constitute control of such student loan servicer for purposes of this 53 section. 54 § 716. Grounds for suspension or revocation of license. 1. The super- 55 intendent may revoke any license to engage in the business of a studentA. 9508--B 51 1 loan servicer issued pursuant to this article if a determination has 2 been made, after notice and a hearing, that: 3 (a) a servicer has violated any provision of this article, any rule or 4 regulation promulgated by the superintendent under and within the 5 authority of this article, or any other applicable law; 6 (b) a servicer engages in fraud, intentional misrepresentation, or 7 gross negligence in servicing a student loan; 8 (c) the competence, experience, character, or general fitness of the 9 servicer, an individual controlling, directly or indirectly, ten percent 10 or more of the outstanding interests, or any person responsible for 11 servicing a student loan for the servicer indicates that it is not in 12 the public interest to permit the servicer to continue servicing student 13 loans; 14 (d) the servicer is insolvent, suspends payment of its obligations, or 15 makes a general assignment for the benefit of its creditors; or 16 (e) the servicer has violated the laws of this state, any other state 17 law or any federal law involving fraudulent or dishonest dealing, or a 18 final judgment has been entered against a student loan servicer in a 19 civil action upon grounds of fraud, misrepresentation or deceit. 20 2. The superintendent may, on good cause shown, or where there is a 21 substantial risk of public harm, suspend any license for a period not 22 exceeding thirty days, pending investigation. "Good cause", as used in 23 this subdivision, shall exist when a student loan servicer has defaulted 24 in performing its financial engagements or engages in dishonest or ineq- 25 uitable practices which may cause substantial harm to the persons 26 afforded the protection of this article. 27 3. No license shall be revoked or suspended except after notice and a 28 hearing thereon. Any order of suspension issued after notice and a 29 hearing may include as a condition of reinstatement that the student 30 loan servicer make restitution to consumers of fees or other charges 31 which have been improperly charged or collected, including but not 32 limited to by allocating payments contrary to a borrower's direction or 33 in a manner that fails to help a borrower avoid default, as determined 34 by the superintendent. Any hearing held pursuant to the provisions of 35 this section shall be noticed, conducted and administered in compliance 36 with the state administrative procedure act. 37 4. Any student loan servicer may surrender any license by delivering 38 to the superintendent written notice that the student loan servicer 39 thereby surrenders such license, but such surrender shall not affect the 40 servicer's civil or criminal liability for acts committed prior to the 41 surrender. If such surrender is made after the issuance by the super- 42 intendent of a statement of charges and notice of hearing, the super- 43 intendent may proceed against the servicer as if the surrender had not 44 taken place. 45 5. No revocation, suspension, or surrender of any license shall impair 46 or affect the obligation of any pre-existing lawful contract between the 47 student loan servicer and any person, including the department of finan- 48 cial services. 49 6. Every license issued pursuant to this article shall remain in full 50 force and effect until the same shall have been surrendered, revoked or 51 suspended in accordance with any other provisions of this article. 52 7. Whenever the superintendent shall revoke or suspend a license 53 issued pursuant to this article, he or she shall forthwith execute in 54 duplicate a written order to that effect. The superintendent shall file 55 one copy of the order in the office of the department of financial 56 services and shall forthwith serve the other copy upon the student loanA. 9508--B 52 1 servicer. Any such order may be reviewed in the manner provided by arti- 2 cle seventy-eight of the civil practice law and rules. 3 § 717. Books and records; reports and electronic filing. 1. Each 4 student loan servicer shall keep and use in its business such books, 5 accounts and records as will enable the superintendent to determine 6 whether the servicer is complying with the provisions of this article 7 and with the rules and regulations lawfully made by the superintendent. 8 Every servicer shall preserve such books, accounts, and records, for at 9 least three years. 10 2. (a) Each student loan servicer shall annually, on or before a date 11 to be determined by the superintendent, file a report with the super- 12 intendent giving such information as the superintendent may require 13 concerning the business and operations during the preceding calendar 14 year of such servicer under authority of this article. Such report shall 15 be subscribed and affirmed as true by the servicer under the penalties 16 of perjury and shall be in the form prescribed by the superintendent. 17 (b) In addition to annual reports, the superintendent may require such 18 additional regular or special reports as he or she may deem necessary to 19 the proper supervision of student loan servicers under this article. 20 Such additional reports shall be subscribed and affirmed as true by the 21 servicer under the penalties of perjury and shall be in the form 22 prescribed by the superintendent. 23 3. Notwithstanding article three of the state technology law or any 24 other law to the contrary, the superintendent may require that any 25 submission or approval as may be required by the superintendent be made 26 or executed by electronic means if he or she deems it necessary to 27 ensure the efficient administration of this article. 28 § 718. Rules and regulations. 1. In addition to such powers as may 29 otherwise be prescribed by this chapter, the superintendent is hereby 30 authorized and empowered to promulgate such rules and regulations as may 31 in the judgment of the superintendent be consistent with the purposes of 32 this article, or appropriate for the effective administration of this 33 article, including, but not limited to: 34 (a) such rules and regulations in connection with the activities of 35 student loan servicers as may be necessary and appropriate for the 36 protection of borrowers in this state; 37 (b) such rules and regulations as may be necessary and appropriate to 38 define unfair, deceptive or abusive acts or practices in connection with 39 the activities of student loan servicers in servicing student loans; 40 (c) such rules and regulations as may define the terms used in this 41 article and as may be necessary and appropriate to interpret and imple- 42 ment the provisions of this article; and 43 (d) such rules and regulations as may be necessary for the enforcement 44 of this article. 45 2. The superintendent is hereby authorized and empowered to make such 46 specific rulings, demands and findings as the superintendent may deem 47 necessary for the proper conduct of the student loan servicing industry. 48 § 719. Prohibited practices. No student loan servicer shall: 49 1. Directly employ any scheme, device or artifice to defraud or 50 mislead a borrower. 51 2. Intentionally engage in any unfair, deceptive or predatory act or 52 practice toward any person or misrepresent or omit any material informa- 53 tion in connection with the servicing of a student loan, including, but 54 not limited to, misrepresenting the amount, nature or terms of any fee 55 or payment due or claimed to be due on a student loan, the terms andA. 9508--B 53 1 conditions of the loan agreement or the borrower's obligations under the 2 loan. 3 3. Intentionally misapply payments to the outstanding balance of any 4 student loan or to any related interest or fees. 5 4. Intentionally provide misleading information to a consumer report- 6 ing agency. 7 5. Refuse to communicate with an authorized representative of the 8 borrower who provides a written authorization signed by the borrower, 9 provided that the servicer may adopt procedures reasonably related to 10 verifying that the representative is in fact authorized to act on behalf 11 of the borrower. 12 6. Knowingly make any false statement or make any omission of a mate- 13 rial fact in connection with any information or reports filed with a 14 governmental agency or in connection with any investigation conducted by 15 the superintendent or another governmental agency. 16 § 720. Servicing student loans without a license. Whenever, in the 17 opinion of the superintendent, a person is engaged in the business of 18 servicing student loans, either actually or through subterfuge, without 19 a license from the superintendent, the superintendent may order that 20 person to desist and refrain from engaging in the business of servicing 21 student loans in the state. If, within thirty days after an order is 22 served, a request for a hearing is filed in writing and the hearing is 23 not held within sixty days of the filing, the order shall be rescinded. 24 § 721. Responsibilities. 1. If a student loan servicer regularly 25 reports information to a consumer reporting agency, the servicer shall 26 accurately report a borrower's payment performance to at least one 27 consumer reporting agency that compiles and maintains files on consumers 28 on a nationwide basis as defined in Section 603(p) of the federal Fair 29 Credit Reporting Act (15 U.S.C. Sec. 1681a(p)), upon acceptance as a 30 data furnisher by that consumer reporting agency. 31 2. (a) Except as provided in federal law or required by a student loan 32 agreement, a student loan servicer shall inquire of a borrower how to 33 apply a borrower's nonconforming payment. A borrower's direction on how 34 to apply a nonconforming payment shall remain in effect for any future 35 nonconforming payment during the term of a student loan until the 36 borrower provides different directions. 37 (b) For purposes of this subdivision, "nonconforming payment" shall 38 mean a payment that is either more or less than the borrower's required 39 student loan payment. 40 3. (a) If the sale, assignment, or other transfer of the servicing of 41 a student loan results in a change in the identity of the person to whom 42 the borrower is required to send subsequent payments or direct any 43 communications concerning the student loan, a student loan servicer 44 shall transfer all information regarding a borrower, a borrower's 45 account, and a borrower's student loan, including but not limited to the 46 borrower's repayment status and any borrower benefits associated with 47 the borrower's student loan, to the new student loan servicer servicing 48 the borrower's student loan within forty-five days. 49 (b) A student loan servicer shall adopt policies and procedures to 50 verify that it has received all information regarding a borrower, a 51 borrower's account, and a borrower's student loan, including but not 52 limited to the borrower's repayment status and any borrower benefits 53 associated with the borrower's student loan, when the servicer obtains 54 the right to service a student loan. 55 4. If a student loan servicer sells, assigns, or otherwise transfers 56 the servicing of a student loan to a new servicer, the sale, assignmentA. 9508--B 54 1 or other transfer shall be completed at least seven days before the 2 borrower's next payment is due. 3 5. (a) A student loan servicer that sells, assigns, or otherwise 4 transfers the servicing of a student loan shall require as a condition 5 of such sale, assignment or other transfer that the new student loan 6 servicer shall honor all borrower benefits originally represented as 7 being available to a borrower during the repayment of the student loan 8 and the possibility of such benefits, including any benefits that were 9 represented as being available but for which the borrower had not yet 10 qualified. 11 (b) A student loan servicer that obtains the right to service a 12 student loan shall honor all borrower benefits originally represented as 13 being available to a borrower during the repayment of the student loan 14 and the possibility of such benefits, including any benefits that were 15 represented as being available but for which the borrower had not yet 16 qualified. 17 6. A student loan servicer shall respond within thirty days after 18 receipt to a written inquiry from a borrower or a borrower's authorized 19 representative. 20 7. A student loan servicer shall preserve records of each student loan 21 and all communications with borrowers for not less than two years 22 following the final payment on a student loan or the sale, assignment or 23 other transfer of the servicing of a student loan, whichever occurs 24 first, or such longer period as may be required by any other provision 25 of law. 26 § 722. Examinations. 1. The superintendent may at any time, and as 27 often as he or she may determine, either personally or by a person duly 28 designated by the superintendent, investigate the business and examine 29 the books, accounts, records, and files used therein of every student 30 loan servicer. For that purpose the superintendent and his or her duly 31 designated representative shall have free access to the offices and 32 places of business, books, accounts, papers, records, files, safes and 33 vaults of all student loan servicers. The superintendent and any person 34 duly designated by him or her shall have the authority to require the 35 attendance of and to examine under oath all persons whose testimony he 36 or she may require relative to such business. 37 2. No person subject to investigation or examination under this 38 section may knowingly withhold, abstract, remove, mutilate, destroy or 39 secrete any books, records, computer records or other information. 40 3. The expenses incurred in making any examination pursuant to this 41 section shall be assessed against and paid by the student loan servicer 42 so examined, except that traveling and subsistence expenses so incurred 43 shall be charged against and paid by servicers in such proportions as 44 the superintendent shall deem just and reasonable, and such propor- 45 tionate charges shall be added to the assessment of the other expenses 46 incurred upon each examination. Upon written notice by the superinten- 47 dent of the total amount of such assessment, the servicer shall become 48 liable for and shall pay such assessment to the superintendent. 49 4. In any hearing in which a department employee acting under authori- 50 ty of this chapter is available for cross-examination, any official 51 written report, worksheet, other related papers, or duly certified copy 52 thereof, compiled, prepared, drafted, or otherwise made by such depart- 53 ment employee, after being duly authenticated by the employee, may be 54 admitted as competent evidence upon the oath of the employee that such 55 worksheet, investigative report, or other related documents were 56 prepared as a result of an examination of the books and records of aA. 9508--B 55 1 servicer or other person, conducted pursuant to the authority of this 2 chapter. 3 5. Unless otherwise exempt pursuant to subdivision two of section 4 seven hundred eleven of this article, affiliates of a student loan 5 servicer shall be subject to examination by the superintendent on the 6 same terms as the servicer, but only when reports from, or examination 7 of, a servicer provides evidence of unlawful activity between a servicer 8 and affiliate benefitting, affecting, or arising from the activities 9 regulated by this article. 10 § 723. Penalties for violation of this article. 1. In addition to such 11 penalties as may otherwise be applicable by law, the superintendent may, 12 after notice and hearing, require any person found violating the 13 provisions of this article or the rules or regulations promulgated here- 14 under to pay to the people of this state a penalty for each violation of 15 this article or any regulation or policy promulgated hereunder a sum not 16 to exceed an amount as determined pursuant to section forty-four of this 17 chapter for each such violation. 18 2. Nothing in this article shall limit any statutory or common-law 19 right of any person to bring any action in any court for any act, or the 20 right of the state to punish any person for any violation of any law. 21 § 724. Severability of provisions. If any provision of this article, 22 or the application of such provision to any person or circumstance, 23 shall be held invalid, illegal or unenforceable, the remainder of the 24 article, and the application of such provision to persons or circum- 25 stances other than those as to which it is held invalid, illegal or 26 unenforceable, shall not be affected thereby. 27 § 725. Compliance with other laws. 1. Student loan servicers shall 28 engage in the business of servicing student loans in conformity with the 29 provisions of this chapter, such rules and regulations as may be promul- 30 gated by the superintendent thereunder and all applicable federal laws 31 and the rules and regulations promulgated thereunder. 32 2. Nothing in this section shall be construed to limit any otherwise 33 applicable state or federal law or regulations. 34 § 2. Subdivision 10 of section 36 of the banking law, as amended by 35 chapter 182 of the laws of 2011, is amended to read as follows: 36 10. All reports of examinations and investigations, correspondence and 37 memoranda concerning or arising out of such examination and investi- 38 gations, including any duly authenticated copy or copies thereof in the 39 possession of any banking organization, bank holding company or any 40 subsidiary thereof (as such terms "bank holding company" and "subsid- 41 iary" are defined in article three-A of this chapter), any corporation 42 or any other entity affiliated with a banking organization within the 43 meaning of subdivision six of this section and any non-banking subsid- 44 iary of a corporation or any other entity which is an affiliate of a 45 banking organization within the meaning of subdivision six-a of this 46 section, foreign banking corporation, licensed lender, licensed casher 47 of checks, licensed mortgage banker, registered mortgage broker, 48 licensed mortgage loan originator, licensed sales finance company, 49 registered mortgage loan servicer, licensed student loan servicer, 50 licensed insurance premium finance agency, licensed transmitter of 51 money, licensed budget planner, any other person or entity subject to 52 supervision under this chapter, or the department, shall be confidential 53 communications, shall not be subject to subpoena and shall not be made 54 public unless, in the judgment of the superintendent, the ends of 55 justice and the public advantage will be subserved by the publication 56 thereof, in which event the superintendent may publish or authorize theA. 9508--B 56 1 publication of a copy of any such report or any part thereof in such 2 manner as may be deemed proper or unless such laws specifically author- 3 ize such disclosure. For the purposes of this subdivision, "reports of 4 examinations and investigations, and any correspondence and memoranda 5 concerning or arising out of such examinations and investigations", 6 includes any such materials of a bank, insurance or securities regulato- 7 ry agency or any unit of the federal government or that of this state 8 any other state or that of any foreign government which are considered 9 confidential by such agency or unit and which are in the possession of 10 the department or which are otherwise confidential materials that have 11 been shared by the department with any such agency or unit and are in 12 the possession of such agency or unit. 13 § 3. Subdivisions 1, 2, 3 and 5 of section 39 of the banking law, 14 subdivisions 1, 2 and 5 as amended by chapter 123 of the laws of 2009 15 and subdivision 3 as amended by chapter 155 of the laws of 2012, are 16 amended to read as follows: 17 1. To appear and explain an apparent violation. Whenever it shall 18 appear to the superintendent that any banking organization, bank holding 19 company, registered mortgage broker, licensed mortgage banker, licensed 20 student loan servicer, registered mortgage loan servicer, licensed mort- 21 gage loan originator, licensed lender, licensed casher of checks, 22 licensed sales finance company, licensed insurance premium finance agen- 23 cy, licensed transmitter of money, licensed budget planner, out-of-state 24 state bank that maintains a branch or branches or representative or 25 other offices in this state, or foreign banking corporation licensed by 26 the superintendent to do business or maintain a representative office in 27 this state has violated any law or regulation, he or she may, in his or 28 her discretion, issue an order describing such apparent violation and 29 requiring such banking organization, bank holding company, registered 30 mortgage broker, licensed mortgage banker, licensed student loan servi- 31 cer, licensed mortgage loan originator, licensed lender, licensed casher 32 of checks, licensed sales finance company, licensed insurance premium 33 finance agency, licensed transmitter of money, licensed budget planner, 34 out-of-state state bank that maintains a branch or branches or represen- 35 tative or other offices in this state, or foreign banking corporation to 36 appear before him or her, at a time and place fixed in said order, to 37 present an explanation of such apparent violation. 38 2. To discontinue unauthorized or unsafe and unsound practices. When- 39 ever it shall appear to the superintendent that any banking organiza- 40 tion, bank holding company, registered mortgage broker, licensed mort- 41 gage banker, licensed student loan servicer, registered mortgage loan 42 servicer, licensed mortgage loan originator, licensed lender, licensed 43 casher of checks, licensed sales finance company, licensed insurance 44 premium finance agency, licensed transmitter of money, licensed budget 45 planner, out-of-state state bank that maintains a branch or branches or 46 representative or other offices in this state, or foreign banking corpo- 47 ration licensed by the superintendent to do business in this state is 48 conducting business in an unauthorized or unsafe and unsound manner, he 49 or she may, in his or her discretion, issue an order directing the 50 discontinuance of such unauthorized or unsafe and unsound practices, and 51 fixing a time and place at which such banking organization, bank holding 52 company, registered mortgage broker, licensed mortgage banker, licensed 53 student loan servicer, registered mortgage loan servicer, licensed mort- 54 gage loan originator, licensed lender, licensed casher of checks, 55 licensed sales finance company, licensed insurance premium finance agen- 56 cy, licensed transmitter of money, licensed budget planner, out-of-stateA. 9508--B 57 1 state bank that maintains a branch or branches or representative or 2 other offices in this state, or foreign banking corporation may volun- 3 tarily appear before him or her to present any explanation in defense of 4 the practices directed in said order to be discontinued. 5 3. To make good impairment of capital or to ensure compliance with 6 financial requirements. Whenever it shall appear to the superintendent 7 that the capital or capital stock of any banking organization, bank 8 holding company or any subsidiary thereof which is organized, licensed 9 or registered pursuant to this chapter, is impaired, or the financial 10 requirements imposed by subdivision one of section two hundred two-b of 11 this chapter or any regulation of the superintendent on any branch or 12 agency of a foreign banking corporation or the financial requirements 13 imposed by this chapter or any regulation of the superintendent on any 14 licensed lender, registered mortgage broker, licensed mortgage banker, 15 licensed student loan servicer, licensed casher of checks, licensed 16 sales finance company, licensed insurance premium finance agency, 17 licensed transmitter of money, licensed budget planner or private banker 18 are not satisfied, the superintendent may, in the superintendent's 19 discretion, issue an order directing that such banking organization, 20 bank holding company, branch or agency of a foreign banking corporation, 21 registered mortgage broker, licensed mortgage banker, licensed student 22 loan servicer, licensed lender, licensed casher of checks, licensed 23 sales finance company, licensed insurance premium finance agency, 24 licensed transmitter of money, licensed budget planner, or private bank- 25 er make good such deficiency forthwith or within a time specified in 26 such order. 27 5. To keep books and accounts as prescribed. Whenever it shall appear 28 to the superintendent that any banking organization, bank holding compa- 29 ny, registered mortgage broker, licensed mortgage banker, licensed 30 student loan servicer, registered mortgage loan servicer, licensed mort- 31 gage loan originator, licensed lender, licensed casher of checks, 32 licensed sales finance company, licensed insurance premium finance agen- 33 cy, licensed transmitter of money, licensed budget planner, agency or 34 branch of a foreign banking corporation licensed by the superintendent 35 to do business in this state, does not keep its books and accounts in 36 such manner as to enable him or her to readily ascertain its true condi- 37 tion, he or she may, in his or her discretion, issue an order requiring 38 such banking organization, bank holding company, registered mortgage 39 broker, licensed mortgage banker, licensed student loan servicer, regis- 40 tered mortgage loan servicer, licensed mortgage loan originator, 41 licensed lender, licensed casher of checks, licensed sales finance 42 company, licensed insurance premium finance agency, licensed transmitter 43 of money, licensed budget planner, or foreign banking corporation, or 44 the officers or agents thereof, or any of them, to open and keep such 45 books or accounts as he or she may, in his or her discretion, determine 46 and prescribe for the purpose of keeping accurate and convenient records 47 of its transactions and accounts. 48 § 4. Paragraph (a) of subdivision 1 of section 44 of the banking law, 49 as amended by chapter 155 of the laws of 2012, is amended to read as 50 follows: 51 (a) Without limiting any power granted to the superintendent under any 52 other provision of this chapter, the superintendent may, in a proceeding 53 after notice and a hearing, require any safe deposit company, licensed 54 lender, licensed casher of checks, licensed sales finance company, 55 licensed insurance premium finance agency, licensed transmitter of 56 money, licensed mortgage banker, licensed student loan servicer, regis-A. 9508--B 58 1 tered mortgage broker, licensed mortgage loan originator, registered 2 mortgage loan servicer or licensed budget planner to pay to the people 3 of this state a penalty for any violation of this chapter, any regu- 4 lation promulgated thereunder, any final or temporary order issued 5 pursuant to section thirty-nine of this article, any condition imposed 6 in writing by the superintendent in connection with the grant of any 7 application or request, or any written agreement entered into with the 8 superintendent. 9 § 5. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law. 11 SUBPART B 12 Section 1. The financial services law is amended by adding a new arti- 13 cle 7 to read as follows: 14 ARTICLE 7 15 STUDENT DEBT CONSULTANTS 16 Section 701. Definitions. 17 702. Prohibitions. 18 703. Disclosure requirements. 19 704. Student debt consulting contracts. 20 705. Penalties and other provisions. 21 706. Rules and regulations. 22 § 701. Definitions. (a) The term "advertisement" shall include, but 23 is not limited to, all forms of marketing, solicitation, or dissem- 24 ination of information related, directly or indirectly, to securing or 25 obtaining a student debt consulting contract or services. Further, it 26 shall include all commonly recognized forms of media marketing via tele- 27 vision, radio, print media, all forms of electronic communication via 28 the internet, and all prepared sales presentations given in person or 29 over the internet to the general public. 30 (b) "Borrower" means any resident of this state who has received a 31 student loan or agreed in writing to pay a student loan or any person 32 who shares a legal obligation with such resident for repaying a student 33 loan. 34 (c) "FSA ID" means a username and password allocated to an individual 35 by the federal government to enable the individual to log in to certain 36 United States department of education websites, and may be used to sign 37 certain documents electronically. 38 (d) "Student loan" means any loan to a borrower to finance post-secon- 39 dary education or expenses related to post-secondary education. 40 (e) "Student debt consulting contract" or "contract" means an agree- 41 ment between a borrower and a consultant under which the consultant 42 agrees to provide student debt consulting services. 43 (f) "Student debt consultant" or "consultant" means an individual or a 44 corporation, partnership, limited liability company or other business 45 entity that, directly or indirectly, solicits or undertakes employment 46 to provide student debt consulting services. A consultant does not 47 include the following: 48 (1) a person or entity who holds or is owed an obligation on the 49 student loan while the person or entity performs services in connection 50 with the student loan; 51 (2) a bank, trust company, private banker, bank holding company, 52 savings bank, savings and loan association, thrift holding company, 53 credit union or insurance company organized under the laws of thisA. 9508--B 59 1 state, another state or the United States, or a subsidiary or affiliate 2 of such entity or a foreign banking corporation licensed by the super- 3 intendent of financial services or the comptroller of the currency; 4 (3) a bona fide not-for-profit organization that offers counseling or 5 advice to borrowers; or 6 (4) such other persons as the superintendent prescribes by rule. 7 (g) "Student debt consulting services" means services that a student 8 debt consultant provides to a borrower that the consultant represents 9 will help to achieve any of the following: 10 (1) stop, enjoin, delay, void, set aside, annul, stay or postpone a 11 default, bankruptcy, tax offset, or garnishment proceeding; 12 (2) obtain a forbearance, deferment, or other relief that temporarily 13 halts repayment of a student loan; 14 (3) assist the borrower with preparing or filing documents related to 15 student loan repayment; 16 (4) advise the borrower which student loan repayment plan or forgive- 17 ness program to consider; 18 (5) enroll the borrower in any student loan repayment, forgiveness, 19 discharge, or consolidation program; 20 (6) assist the borrower in re-establishing eligibility for federal 21 student financial assistance; 22 (7) assist the borrower in removing a student loan from default; or 23 (8) educate the borrower about student loan repayment. 24 § 702. Prohibitions. A student debt consultant is prohibited from 25 doing the following: 26 (a) performing student debt consulting services without a legal writ- 27 ten, fully-executed contract with a borrower that comports with the 28 provisions of this article; 29 (b) charging for or accepting any payment for student debt consulting 30 services before the full completion of all such services, including a 31 payment to be placed in escrow or any other account pending the 32 completion of such services; 33 (c) taking a power of attorney from a borrower; 34 (d) retaining any original loan document or other original document 35 related to a borrower's student loan; 36 (e) requesting that a borrower provide his or her FSA ID to the 37 consultant, or accepting a borrower's FSA ID; 38 (f) stating or implying that a borrower will not be able to obtain 39 relief on their own; 40 (g) misrepresenting, expressly or by implication, that: 41 (1) the consultant is a part of, affiliated with, or endorsed or spon- 42 sored by the government, government loan programs, the United States 43 department of education, or borrowers' student loan servicers; or 44 (2) some or all of a borrower's payments to the consultant will be 45 applied towards the borrower's student loans. 46 (h) inducing or attempting to induce a student debtor to enter a 47 contract that does not fully comply with the provisions of this article; 48 or 49 (i) engaging in any unfair, deceptive, or abusive act or practice. 50 § 703. Disclosure requirements. (a) A student debt consultant shall 51 clearly and conspicuously disclose in all advertisements: 52 (1) the actual services the consultant provides to borrowers; 53 (2) that borrowers may apply for consolidation loans from the United 54 States department of education at no cost, including providing a direct 55 link in all online advertising and contact information in all printA. 9508--B 60 1 advertising to the application materials for a Direct Consolidation Loan 2 from the United States department of education; 3 (3) that consolidation or other services offered by the consultant may 4 not be the best or only option for borrowers; 5 (4) that alternative federal student loan repayment plans, including 6 income-based programs, that do not require consolidating existing feder- 7 al student loans may be available; and 8 (5) that borrowers should consider consulting their student loan 9 servicer before signing any legal document concerning a student loan. 10 (b) The disclosures required by subsection (a) of this section, if 11 disseminated through print media or the internet, shall be clearly and 12 legibly printed or displayed in not less than twelve-point bold type, 13 or, if the advertisement is printed to be displayed in print that is 14 smaller than twelve point, in bold type print that is no smaller than 15 the print in which the text of the advertisement is printed or 16 displayed. 17 (c) The provisions of this section shall apply to all consultants who 18 disseminate advertisements in the state of New York or who intend to 19 directly or indirectly contact a borrower who has a student loan and is 20 in New York state. Consultants shall establish and at all times maintain 21 control over the content, form and method of dissemination of all adver- 22 tisements of their services. Further, all advertisements shall be 23 sufficiently complete and clear to avoid the possibility to mislead or 24 deceive. 25 § 704. Student debt consulting contracts. (a) A student debt consult- 26 ing contract shall: 27 (1) contain the entire agreement of the parties; 28 (2) be provided in writing to the borrower for review before signing; 29 (3) be printed in at least twelve-point type and written in the same 30 language that is used by the borrower and was used in discussions 31 between the consultant and the borrower to describe the borrower's 32 services or to negotiate the contract; 33 (4) fully disclose the exact nature of the services to be provided by 34 the consultant or anyone working in association with the consultant; 35 (5) fully disclose the total amount and terms of compensation for such 36 services; 37 (6) contain the name, business address and telephone number of the 38 consultant and the street address, if different, and facsimile number or 39 email address of the consultant where communications from the debtor may 40 be delivered; 41 (7) be dated and personally signed by the borrower and the consultant 42 and be witnessed and acknowledged by a New York notary public; and 43 (8) contain the following notice, which shall be printed in at least 44 fourteen-point boldface type, completed with the name of the Provider, 45 and located in immediate proximity to the space reserved for the 46 debtor's signature: 47 "NOTICE REQUIRED BY NEW YORK LAW 48 You may cancel this contract, without any penalty or obligation, at any 49 time before midnight of 50 ......... (fifth business day after execution). 51 ......... (Name of consultant) (the "Consultant") or anyone working for 52 the Consultant may not take any money from you or ask you for money 53 until the consultant has completely finished doing everything this 54 Contract says the Consultant will do. 55 You should consider contacting your student loan servicer before signing 56 any legal document concerning your student loan. In addition, you mayA. 9508--B 61 1 want to visit the New York State Department of Financial Services' 2 student lending resource center at www.dfs.ny.gov/studentprotection. The 3 law requires that this contract contain the entire agreement between you 4 and the Provider. You should not rely upon any other written or oral 5 agreement or promise." 6 The Provider shall accurately enter the date on which the right to 7 cancel ends. 8 (b) (1) The borrower has the right to cancel, without any penalty or 9 obligation, any contract with a consultant until midnight of the fifth 10 business day following the day on which the consultant and the borrower 11 sign a consulting contract. Cancellation occurs when the borrower, or a 12 representative of the borrower, either delivers written notice of 13 cancellation in person to the address specified in the consulting 14 contract or sends a written communication by facsimile, by United States 15 mail or by an established commercial letter delivery service. A dated 16 proof of facsimile delivery or proof of mailing creates a presumption 17 that the notice of cancellation has been delivered on the date the 18 facsimile is sent or the notice is deposited in the mail or with the 19 delivery service. Cancellation of the contract shall release the borrow- 20 er from all obligations to pay fees or any other compensation to the 21 consultant. 22 (2) The contract shall be accompanied by two copies of a form, 23 captioned "notice of cancellation" in at least twelve-point bold type. 24 This form shall be attached to the contract, shall be easily detachable, 25 and shall contain the following statement written in the same language 26 as used in the contract, and the contractor shall insert accurate infor- 27 mation as to the date on which the right to cancel ends and the contrac- 28 tor's contact information: 29 "NOTICE OF CANCELLATION 30 Note: You may cancel this contract, without any penalty or obligation, 31 at any time before midnight of (Enter date) 32 To cancel this contract, sign and date both copies of this cancellation 33 notice and personally deliver one copy or send it by facsimile, United 34 States mail, or an established commercial letter delivery service, indi- 35 cating cancellation to the Consultant at one of the following: 36 Name of Consultant 37 Street Address 38 City, State, Zip 39 Facsimile: 40 I hereby cancel this transaction. 41 Name of Borrower: 42 Signature of Borrower: 43 Date: " 44 (3) Within ten days following receipt of a notice of cancellation 45 given in accordance with this subsection, the consultant shall return 46 any original contract and any other documents signed by or provided by 47 the borrower. Cancellation shall release the borrower of all obligations 48 to pay any fees or compensation to the consultant. 49 § 705. Penalties and other provisions. (a) If the superintendent 50 finds, after notice and hearing, that a consultant has intentionally 51 violated any provision of this article, the superintendent may: (1) make 52 null and void any agreement between the borrower and the consultant; and 53 (2) impose a civil penalty of not more than ten thousand dollars for 54 each violation. 55 (b) If the consultant violates any provision of this article and the 56 borrower suffers damage because of the violation, the borrower mayA. 9508--B 62 1 recover actual and consequential damages and costs from the consultant 2 in an action based on this article. If the consultant recklessly 3 violates any provision of this article, the court may award attorneys' 4 fees and costs. If the consultant intentionally violates any provision 5 of this article, the court may award treble damages, attorneys' fees and 6 costs. 7 (c) Any provision of a student debt consulting contract that attempts 8 or purports to limit the liability of the consultant under this article 9 shall be null and void. Inclusion of such provision shall at the option 10 of the borrower render the contract void. Any provision in a contract 11 which attempts or purports to require arbitration of any dispute arising 12 under this article shall be void at the option of the borrower. Any 13 waiver of the provisions of this article shall be void and unenforceable 14 as contrary to public policy. 15 (d) The provisions of this article are not exclusive and are in addi- 16 tion to any other requirements, rights, remedies, and penalties provided 17 by law. 18 § 706. Rules and regulations. In addition to such powers as may 19 otherwise be prescribed by this chapter, the superintendent is hereby 20 authorized and empowered to promulgate such rules and regulations as may 21 in the judgment of the superintendent be consistent with the purposes of 22 this article, or appropriate for the effective administration of this 23 article. 24 § 2. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law. 26 SUBPART C 27 Section 1. Definitions. As used in this act, the following terms shall 28 have the following meanings unless otherwise specified: 29 (a) "Professional license" shall mean the authorization, licensure, or 30 certification to practice any professional activity in New York state, 31 whether temporary or permanent, issued by any agency, department, 32 office, board, or any other instrumentality of New York state. 33 (b) "Student loan" shall mean any loan to a borrower to finance post- 34 secondary education or expenses related to postsecondary education. 35 § 2. Notwithstanding any other provision of law, rule, or regulation 36 to the contrary, any agency, department, office, board, or any other 37 instrumentality of New York state, county or locality authorized to 38 issue professional licenses in New York state shall be prohibited from 39 taking any adverse action against any licensee, including but not limit- 40 ed to fine, nonrenewal, suspension, or revocation of a professional 41 license, based upon the status of any student loan obligation of such 42 licensee. 43 § 3. Notwithstanding any other provision of law, rule, or regulation 44 to the contrary, any agency, department, office, board, or any other 45 instrumentality of New York state, county or locality authorized to 46 issue professional licenses in New York state shall be prohibited from 47 taking any adverse action related to issuance of a professional license 48 against any individual or applicant for a professional license, includ- 49 ing but not limited to denial of a professional license or disapproval 50 of an application for a professional license, based upon the status of 51 any student loan obligation of such individual or applicant for a 52 professional license. 53 § 4. This act shall take effect immediately.A. 9508--B 63 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or subpart of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or subpart thereof directly involved in the controversy in which such 7 judgment shall have been rendered. It is hereby declared to be the 8 intent of the legislature that this act would have been enacted even if 9 such invalid provisions had not been included herein. 10 § 3. This act shall take effect immediately provided, however, that 11 the applicable effective date of Subparts A through C of this act shall 12 be as specifically set forth in the last section of such Subparts. 13 PART X 14 Intentionally Omitted 15 PART Y 16 Section 1. Section 3 of part S of chapter 58 of the laws of 2016 17 amending the New York state urban development corporation act relating 18 to transferring the statutory authority for the promulgation of market- 19 ing orders from the department of agriculture and markets to the New 20 York state urban development corporation is amended to read as follows: 21 § 3. This act shall take effect on the ninetieth day after it shall 22 have become a law and shall expire and be deemed repealed [two years23after such date] on July 31, 2020; provided, however, that any assess- 24 ment due and payable under such marketing orders shall be remitted to 25 the urban development corporation starting 30 days after such effective 26 date. 27 § 2. This act shall take effect immediately. 28 PART Z 29 Intentionally Omitted 30 PART AA 31 Intentionally Omitted 32 PART BB 33 Section 1. Approximately 40 percent of the food produced in the United 34 States today goes uneaten. Much of this organic waste is disposed of in 35 solid waste landfills, where its decomposition accounts for over 15 36 percent of our nation's emissions of methane, a potent greenhouse gas. 37 Meanwhile, an estimated 2.8 million New Yorkers are facing hunger and 38 food insecurity. Recognizing the importance of food scraps to our envi- 39 ronment, economy, and the health of New Yorkers, this act establishes a 40 food scraps hierarchy for the state of New York. The first tier of the 41 hierarchy is source reduction, reducing the volume of surplus food 42 generated. The second tier is recovery, feeding wholesome food to hungry 43 people. Third is repurposing, feeding animals. Fourth is recycling, 44 processing any leftover food such as by composting or anaerobic 45 digestion to create a nutrient-rich soil amendment. This legislation is 46 designed to address each tier of the hierarchy by: encouraging theA. 9508--B 64 1 prevention of food waste generation by commercial generators and resi- 2 dents; directing the recovery of excess edible food from high-volume 3 commercial food waste generators; and ensuring that a significant 4 portion of inedible food waste from large volume food waste generators 5 is managed in a sustainable manner, and does not end up being sent to 6 landfills or incinerators. In addition, the state has supported the 7 recovery of wholesome food by providing grants from the environmental 8 protection fund to increase capacity of food banks, conduct food scraps 9 audits of high-volume generators of food scraps, support implementation 10 of pollution prevention projects identified by such audits, and expand 11 capacity of generators and municipalities to donate and recycle food. 12 § 2. Article 27 of the environmental conservation law is amended by 13 adding a new title 22 to read as follows: 14 TITLE 22 15 FOOD DONATION AND FOOD SCRAPS RECYCLING 16 Section 27-2201. Definitions. 17 27-2203. Designated food scraps generator responsibilities. 18 27-2205. Waste transporter responsibilities. 19 27-2207. Transfer station. 20 27-2209. Food scraps disposal prohibition. 21 27-2211. Department responsibilities. 22 27-2213. Regulations. 23 27-2215. Exclusions. 24 27-2217. Annual Report. 25 27-2219. Severability. 26 § 27-2201. Definitions. 27 1. "Designated food scraps generator" means a person who generates at 28 a single location an annual average of two tons per week or more of food 29 scraps based on a methodology established by the department pursuant to 30 regulations, including, supermarkets, restaurants, higher educational 31 institutions, hotels, food processors, correctional facilities, sports 32 or entertainment venues and health care facilities. For a location with 33 multiple independent food service businesses, such as a mall or college 34 campus, the entity responsible for contracting for solid waste hauling 35 services is responsible for managing food scraps from the independent 36 businesses. 37 2. "Food scraps" means inedible food, trimmings from the preparation 38 of food, food-soiled paper, and edible food that is not donated. Food 39 scraps shall not include used cooking oil, yellow grease or food from 40 residential sources, or any food identified in regulations promulgated 41 by the department in consultation with the department of agriculture and 42 markets or any food which is subject to a recall or seizure due to the 43 presence of pathogens, including but not limited to: Listeria Monocyto- 44 genes, confirmed Clostridium Botulinum, E. coli 0157:H7 and all salmo- 45 nella in ready-to-eat foods. 46 3. "Organics recycler" means a facility, permitted by the department, 47 that recycles food scraps through use as animal feed or a feed ingredi- 48 ent, rendering, land application, composting, aerobic digestion, anaero- 49 bic digestion, fermentation, or ethanol production. Animal scraps, food 50 soiled paper, and post-consumer food scraps are prohibited for use as 51 animal feed or as a feed ingredient. The proportion of the product 52 created from food scraps by a composting or digestion facility, includ- 53 ing a wastewater treatment plant that operates a digestion facility, or 54 other treatment system, must be used in a beneficial manner as a soil 55 amendment and shall not be disposed of or incinerated.A. 9508--B 65 1 4. "Person" means any business entity, partnership, company, corpo- 2 ration, not-for-profit corporation, association, governmental entity, 3 public benefit corporation, public authority, firm, or organization. 4 5. "Single location" means contiguous property under common ownership, 5 which may include one or more buildings. 6 6. "Incinerator" shall have the same meaning as provided in section 7 72-0401 of this chapter. 8 7. "Landfill" shall have the same meaning as provided in section 9 72-0401 of this chapter. 10 8. "Transfer station" means a solid waste management facility, whether 11 owned or operated by a private or public entity, other than a recycla- 12 bles handling and recovery facility, used oil facility, or a 13 construction and demolition debris processing facility, where solid 14 waste is received for the purpose of subsequent transfer to another 15 solid waste management facility for processing, treating, disposal, 16 recovery, or further transfer. 17 § 27-2203. Designated food scraps generator responsibilities. 18 1. Effective January first, two thousand twenty-one: 19 (a) all designated food scraps generators shall separate their excess 20 edible food for donation for human consumption to the maximum extent 21 practicable, and in accordance with applicable laws, rules and regu- 22 lations related to food donation; and 23 (b) except as provided in paragraph (c) of this subdivision, each 24 designated food scraps generator that is within fifteen miles of an 25 organics recycler, to the extent that the recycler has capacity to 26 accept all of such generator's food scraps based on the department's 27 yearly estimate of an organic recyclers' capacity pursuant to section 28 27-2211 of this title, shall: 29 (i) separate its remaining food scraps from other solid waste; 30 (ii) ensure proper storage for food scraps on site which shall 31 preclude such materials from becoming odorous or attracting vectors, 32 such as a container that has a lid and a latch that keeps the lid closed 33 and is resistant to tampering by rodents or other wildlife and has 34 sufficient capacity; 35 (iii) have information available and provide training for employees 36 concerning the proper methods to separate and store food scraps; and 37 (iv) obtain a transporter that will deliver food scraps to an organics 38 recycler, self-haul its food scraps to an organics recycler, or provide 39 for organics recycling on-site via in vessel composting, aerobic or 40 anaerobic digestion or any other method of processing organic waste that 41 the department approves by regulation, for some or all of the food waste 42 it generates on its premises, provided that the remainder is delivered 43 to an organics recycler. 44 (c) The provisions of paragraph (b) of this subdivision shall not 45 apply to any designated food scraps generator that has all of its food 46 scraps processed in a mixed solid waste composting or mixed solid waste 47 anaerobic digestion facility. 48 2. All designated food scraps generators shall submit an annual report 49 to the department on or before March first, two thousand twenty-two, and 50 annually thereafter, in an electronic format. The annual report must 51 summarize the amount of edible food donated, the amount of food scraps 52 recycled, the organics recycler or recyclers and associated transporters 53 used, and any other information as required by the department. 54 3. A designated food scraps generator may petition the department for 55 a temporary waiver from some or all of the requirements of this title. 56 The petition must include evidence of undue hardship based on:A. 9508--B 66 1 (a) the designated food scraps generator does not meet the two tons 2 per week threshold; 3 (b) the cost of processing organic waste is not reasonably competitive 4 with the cost of disposing of waste by landfill; 5 (c) the organics recycler does not have sufficient capacity, despite 6 the department's calculation; or 7 (d) the unique circumstances of the generator. 8 A waiver shall be no longer than one year in duration provided, howev- 9 er, the department may renew such waiver. 10 § 27-2205. Waste transporter responsibilities. 11 1. Any waste transporter that collects food scraps for recycling from 12 a designated food scraps generator shall: 13 (a) deliver food scraps to a transfer station that will deliver such 14 food scraps to an organics recycler unless such generator has received a 15 temporary waiver under subdivision three of section 27-2203 of this 16 title; or 17 (b) deliver such food scraps directly to an organics recycler. 18 2. Any waste transporter that collects food scraps from a designated 19 food scraps generator shall take all reasonable precautions to not 20 deliver those food scraps to an incinerator or a landfill nor commingle 21 the material with any other solid waste unless such commingled waste can 22 be processed by an organics recycler or unless such generator has 23 received a temporary waiver under subdivision three of section 27-2203 24 of this title. 25 § 27-2207. Transfer station. 26 Any transfer station that receives food scraps from a designated food 27 scraps generator must ensure that the food scraps are taken to an organ- 28 ics recycler unless such generator has received a temporary waiver under 29 subdivision three of section 27-2203 of this title. A transfer station 30 shall take all reasonable precautions to not commingle the material with 31 any other solid waste unless such commingled waste can be processed by 32 an organics recycler. 33 § 27-2209. Food scraps disposal prohibition. 34 Incinerators and landfills shall take all reasonable precautions to 35 not accept food scraps from designated food scraps generators required 36 to send their food scraps to an organics recycler as outlined under 37 section 27-2203 of this title, after January first, two thousand twen- 38 ty-one, unless the designated food scraps generator has received a 39 temporary waiver under subdivision three of section 27-2203 of this 40 title. 41 § 27-2211. Department responsibilities. 42 1. The department shall publish on its website: (a) the methodology 43 the department will use to determine who is a designated food scrap 44 generator; (b) the waiver process; (c) procedures to minimize odors and 45 vectors; and (d) a list of all designated food scraps generators, organ- 46 ics recyclers, and all waste transporters that manage source-separated 47 organics. 48 2. No later than June first, two thousand twenty and annually there- 49 after, the department shall assess the capacity of each organic recycler 50 and notify designated food scraps generators if they are required to 51 comply with the provisions of paragraph (b) of subdivision one of 52 section 27-2203 of this title. 53 3. The department shall develop and make available educational materi- 54 als to assist designated food scraps generators with compliance with 55 this title. The department shall also develop education materials on 56 food waste minimization and encourage municipalities to disseminateA. 9508--B 67 1 these materials both on their municipal websites and in any such future 2 mailings to their residents as they may distribute. 3 4. The department shall regulate organics recyclers to ensure that 4 their activities do not impair water quality or otherwise harm human 5 health and the environment. 6 § 27-2213. Regulations. 7 The department shall, after one or more public hearings, promulgate 8 rules and regulations necessary to implement the provisions of this 9 title including: (a) the methodology the department will use to deter- 10 mine who is a designated food scraps generator; (b) the waiver process; 11 (c) procedures to minimize odors and vectors; (d) a list of all desig- 12 nated food scraps generators, organics recyclers, and all waste trans- 13 porters that manage source-separated organics; and (e) how designated 14 food scraps generators shall comply with the provisions of paragraph (a) 15 and subparagraph (i) of paragraph (b) of subdivision one of section 16 27-2203 of this title. 17 § 27-2215. Exclusions. 18 1. This title shall not apply to any designated food scraps generators 19 located in a city with a population of one million or more which has a 20 local law, ordinance or regulation in place which requires the diversion 21 of edible food and food scraps from disposal. 22 2. This title does not apply to hospitals, elementary and secondary 23 schools. 24 § 27-2217. Annual report. 25 No later than January first, two thousand twenty-two, and on an annual 26 basis thereafter, the department shall submit an annual report to the 27 governor and legislature describing the operation of the food donation 28 and food scraps recycling program including amount of edible food 29 donated, amount of food scraps recycled, sample educational materials, 30 and number of waivers provided. 31 § 27-2219. Severability. 32 The provisions of this title shall be severable and if any portion 33 thereof or the applicability thereof to any person or circumstance is 34 held invalid, the remainder of this title and the application thereof 35 shall not be affected thereby. 36 § 3. This act shall take effect immediately. 37 PART CC 38 Section 1. Subdivisions 10 and 11 of section 57-0107 of the environ- 39 mental conservation law, as amended by chapter 267 of the laws of 2015, 40 are amended to read as follows: 41 10. "Central Pine Barrens area" shall mean the contiguous area as 42 described and bounded as follows: 43 Beginning at a point where the southerly side of Route 25A intersects 44 the easterly side of Miller Place Road; thence southward along the east- 45 erly boundary of Miller Place Road to Helme Avenue; thence southward 46 along the easterly boundary of Helme Avenue to Miller Place-Middle 47 Island Road; thence southward along the easterly boundary of Miller 48 Place-Middle Island Road to Whiskey Road; thence westward along the 49 southerly boundary of Whiskey Road to Mount Sinai-Coram Road; thence 50 southward along the easterly boundary of Mount Sinai-Coram Road to 51 Middle Country Road (Route 25); thence westward along the southerly 52 boundary of Route 25 to Patchogue-Mount Sinai Road (County Route 83); 53 thence southward along the easterly boundary of County Route 83 to Bicy- 54 cle Path Drive; thence southeastward along the easterly side of BicycleA. 9508--B 68 1 Path Drive to Mt. McKinley Avenue; thence southward along the easterly 2 boundary of Mt. McKinley Avenue to Granny Road; thence northeastward 3 along the northerly boundary of Granny Road to Port Jefferson-Patchogue 4 Road (Route 112); thence southward along the easterly boundary of Route 5 112 to Horse Block Road (County Route 16); thence eastward along the 6 northerly boundary of County Route 16 to Maine Avenue; thence northward 7 along the westerly boundary of Maine Avenue to Fire Avenue; thence east- 8 ward along the northerly boundary of Fire Avenue to John Roe Smith 9 Avenue; thence southward along the easterly boundary of John Roe Smith 10 Avenue to Jeff Street; thence eastward along the northerly boundary of 11 Jeff Street to Hagerman Avenue; thence southward along the easterly 12 boundary of Hagerman Avenue to the Long Island Expressway (Route 495); 13 thence eastward along the northerly boundary of Route 495 to the wester- 14 ly side of Yaphank Avenue (County Road 21); thence southward along the 15 westerly side of Yaphank Avenue to the south side of the Long Island 16 Expressway (Route 495); thence eastward along the southerly side of the 17 Long Island Expressway (Route 495) to the easterly side of Yaphank 18 Avenue; thence southward along the easterly side of Yaphank Avenue, 19 crossing Sunrise Highway (Route 27) to the south side of Montauk Highway 20 (County Road 80); thence southwestward along the south side of Montauk 21 Highway (County Road 80) to South Country Road; thence southward along 22 the easterly side of South Country Road to Fireplace Neck Road; thence 23 southward along the easterly side of Fireplace Neck Road to Beaver Dam 24 Road; thence eastward along the northerly side of Beaver Dam Road to the 25 westerly boundary of the Carmans River and the lands owned by the United 26 States known as Wertheim National Wildlife Refuge (the "Refuge"); thence 27 generally westerly and southerly to the waters of Bellport Bay; thence 28 generally easterly across the Bay and northerly along the easterly boun- 29 dary of the Refuge, including all lands currently part of the Refuge and 30 any lands which may become part of the Refuge in the future, to the east 31 side of the southern terminus of Smith Road; thence northward along the 32 easterly side of Smith Road to the southwesterly corner of the property 33 identified as District 200, Section 974.50, Block 1, Lot 11; thence 34 eastward, northward and westward in a counter-clockwise direction along 35 the southern, eastern and northern boundaries of that property to the 36 easterly side of Smith Road; thence northward along the east side of 37 Smith Road to Merrick Road; thence northeasterly along the northerly 38 side of Merrick Road to the easterly side of Surrey Circle and the 39 southwest corner of the property identified as District 200, Section 40 880, Block 3, Lot 58.1; running thence easterly along the southerly side 41 of said lot to the west side of William Floyd Parkway (County Road 46); 42 thence northerly along the westerly side of William Floyd Parkway (Coun- 43 ty Road 46), crossing Route 27, to the Long Island Railroad (LIRR); 44 thence eastward along the northerly boundary of the Long Island Rail 45 Road tracks 7,500 feet; thence southward 500 feet; thence eastward 525 46 feet to the intersection of North Street and Manor-Yaphank Road; thence 47 southward along the easterly boundary of Manor-Yaphank Road to Morich- 48 es-Middle Island Road; thence eastward along the northerly boundary of 49 Moriches-Middle Island Road to a point due north of the easterly bounda- 50 ry of Cranford Boulevard; thence southward across Moriches-Middle Island 51 Road and along the easterly boundary of Cranford Boulevard to the south- 52 western corner of the property identified as District 200, Section 645, 53 Block 3, Lot 29.1; thence southeastward along the southerly boundary of 54 said property to its intersection with property identified as District 55 200, Section 712, Block 9, Lot 1; thence generally southward along the 56 westerly boundary of said property to its intersection with the norther-A. 9508--B 69 1 ly side of the eastward extension of Grove Drive; thence southward 2 crossing Grove Drive to its south side; thence westward along the south- 3 erly boundary of the Grove Drive road extension to the northwestern 4 corner of the property identified as District 200, Section 749, Block 3, 5 Lot 41.1; and comprised of parcels owned by the county of Suffolk and 6 the town of Brookhaven; thence southward to the southwestern corner of 7 property identified as District 200, Section 749, Block 3, Lot 43; 8 thence eastward along the southerly boundary of said property to the 9 west side of Lambert Avenue; thence crossing Lambert Avenue to its east- 10 erly side; thence southward along the easterly boundary of Lambert 11 Avenue to the northerly boundary of the Sunrise Highway Service Road; 12 thence northeastward along the northerly boundary of the Sunrise Highway 13 Service Road to Barnes Road; thence northward along the westerly bounda- 14 ry of Barnes Road to the northeastern corner of property identified as 15 District 200, Section 750, Block 3, Lot 40.2; thence westward along the 16 northerly boundary of said property to the property identified as 17 District 200, Section 713, Block 1, Lot 2; thence westward along the 18 northerly boundary of property identified as District 200, Section 713, 19 Block 1, Lot 1; thence northward along the westerly side of Weeks Avenue 20 to the northeastern corner of property identified as District 200, 21 Section 713, Block 3, Lot 1; thence westward along the northerly bounda- 22 ry of said property to Michigan Avenue; thence northward along the east- 23 erly boundary of Michigan Ave to Moriches-Middle Island Road; thence 24 eastward along the northerly boundary of Moriches-Middle Island Road to 25 Sunrise Highway (Route 27); thence eastward along the northerly boundary 26 of Route 27 to an old railroad grade (unpaved); thence southeastward 27 along the northerly boundary of the old railroad grade (unpaved) to Old 28 County Road (Route 71); thence eastward along the northerly boundary of 29 Route 71 to the Long Island Rail Road tracks; thence eastward along the 30 northerly boundary of the Long Island Rail Road tracks to Montauk High- 31 way; thence eastward along the northerly boundary of Montauk Highway to 32 Route 24; thence northward along the westerly boundary of Route 24 to 33 Sunrise Highway (Route 27); thence eastward along the northerly boundary 34 of Route 27 to Squiretown Road; thence northward along the westerly 35 boundary of Squiretown Road to Upper Red Creek Road; thence westward 36 along the southern boundary of Upper Red Creek to Lower Red Creek Road; 37 thence southward along the easterly boundary of Lower Red Creek Road to 38 Hubbard County Park; thence westward along the northern boundary of 39 Hubbard County Park to Riverhead-Hampton Bays Road (Route 24); thence 40 westward along the southerly boundary of Route 24 to Peconic Avenue; 41 thence northward along the westerly boundary of Peconic Avenue to the 42 Riverhead-Southampton border; thence westward along the Riverhead-South- 43 ampton border and the Riverhead-Brookhaven border to the Forge Road 44 Bridge; thence northward along the westerly boundary of the Forge Road 45 Bridge to Forge Road; thence northwestward along the westerly boundary 46 of Forge Road to the railroad tracks; thence northward along the wester- 47 ly boundary of Forge Road (unpaved) to the intersection of Route 25 and 48 River Road; thence westward along the southerly boundary of River Road 49 to Edwards Avenue; thence northward along the westerly boundary of 50 Edwards Avenue 3,800 feet; thence westward 4,400 feet to an unnamed, 51 unpaved road; thence northward along the westerly boundary of the 52 unnamed, unpaved road 150 feet; thence westward and northwestward along 53 the eastern boundary of the United States Navy/Grumman Aerospace Corpo- 54 ration property (as of 1982) up to its intersection with Middle Country 55 Road (Route 25); thence westward along the southerly boundary of Route 56 25 to the intersection of Route 25 and 25A; thence northeastward, west-A. 9508--B 70 1 ward, and southwestward along the eastern and northern boundary of the 2 United States Navy/Grumman Aerospace Corporation (as of 1982) and 3 located immediately east of Route 25A, to its intersection with Route 4 25A; thence westward along the southerly boundary of Route 25A to a 5 point due south of the southeast corner of the parcel identified as 6 District 200, Section 128, Block 1, lot 3.1; thence northeastward, 7 northward and westward along the southerly, easterly and northerly sides 8 of the parcel identified as District 200, section 128, Block 1, lot 1 to 9 the southeast corner of the parcel identified as District 200, Section 10 82, Block 1, Lot 5.2; thence northward along the east side of this 11 parcel to North Country Road; thence northward crossing North Country 12 Road to its northerly side; thence eastward along the northerly side of 13 North Country Road to the Brookhaven Town-Riverhead Town line; thence in 14 a generally northwestward direction along said town line to a point in 15 Wading River Creek with the coordinates 40.96225 latitude and -72.863633 16 longitude; thence westward a distance of approximately 90 feet to the 17 easterly side of LILCO Road; thence southward along LILCO Road to its 18 intersection with the north side of North Country Road; thence westward 19 along the north side of North Country Road to the southeast corner of 20 the parcel identified as District 200, Section 39, Block 1, Lot 2; 21 thence in a northward and westward direction along the easterly and 22 northerly sides of said parcel to its northwest corner; thence northward 23 along the westerly boundary of the parcel identified as District 200, 24 Section 83, Block 1, Lot 1.4 to its northwest corner; and thence contin- 25 uing in a westward direction along the northerly side of the parcel 26 identified as District 200, Section 39, Block 1, Lot 1.2 and the south- 27 erly extent of Long Island Sound to the northwest corner of the property 28 identified as District 200, Section 39, Block 1, Lot 1.2; thence south- 29 ward along the westerly boundary of said property to North Country Road; 30 thence west along the southerly boundary of North Country Road to the 31 northwestern corner of property identified as District 200, Section 82, 32 Block 1, Lot 1.1; thence south along the westerly boundary of said prop- 33 erty and the westerly boundary of the property identified as District 34 200, Section 82, Block 1, Lot 1.2 to the northwest corner of property 35 identified as District 200, Section 82, Block 1, Lot 5.1; thence south- 36 ward along the westerly boundary of said property to the northeast 37 corner of the property identified as District 200, Section 105, Block 3, 38 Lot 5, thence southward along the easterly boundary of said property to 39 the north side of Route 25A; thence southward crossing Route 25A to its 40 south side; thence westward along the southerly boundary of Route 25A to 41 the point or place of beginning, and excluding [one] two distinct [area] 42 areas described as follows: The first area defined as beginning at a 43 point where the westerly side of William Floyd Parkway (County Road 46) 44 meets northerly side of the Long Island Railroad (LIRR); thence westward 45 along the northerly side of the LIRR to Moriches-Middle Island Road; 46 thence generally northwestward along the northerly side of Moriches-Mid- 47 dle Island Road to the southerly side of Long Island Expressway (Route 48 495); thence eastward along the southerly side of the Long Island 49 Expressway (Route 495) to the westerly side of William Floyd Parkway 50 (County Road 46); thence southward along the westerly side of William 51 Floyd Parkway (County Road 46) and containing the subdivision known as 52 RB Industrial Park, to the point or place of beginning and the second 53 area defined as the property described as District 200, Section 39, 54 Block 1, Lot 1.1.A. 9508--B 71 1 11. "Core preservation area" shall mean the core preservation area of 2 the Central Pine Barrens area which comprise the largest intact areas of 3 undeveloped pine barrens as described and bounded as follows: 4 Beginning at a point where the northwestern corner of the New York 5 State Rocky Point Natural Resource Management Area (the "NYS Rocky Point 6 Land") intersects the southerly side of NYS Route 25A; thence generally 7 southward and eastward along the generally westerly and southerly bound- 8 aries of the NYS Rocky Point Land (including the Currans Road Pond State 9 Wildlife Management Area, all adjacent or contiguous undeveloped Town of 10 Brookhaven parks, preserves, open space areas, or reserved areas, and 11 the crossings of the undeveloped Suffolk County property known as the 12 Port Jefferson - Westhampton road right of way, Whiskey Road, County 13 Route 21, and Currans Road), and including those properties identified 14 as District 200, Section 346, Block 1, Lots 3 and 4, to the point where 15 the NYS Rocky Point Land meets the northerly side of NYS Route 25 16 (Middle Country Road); thence eastward along the northerly boundary of 17 NYS Route 25 to the southeastern corner of that property west of Wood- 18 lots Road which is identified as District 200, Section 349, Block 2, Lot 19 1.3; thence northward along the easterly boundary of that property to 20 the Suffolk County Pine Trail Nature Preserve; thence eastward and 21 southeastward along the southerly boundary of the Suffolk County Pine 22 Trail Nature Preserve where the Preserve is adjacent to developed 23 parcels or parcels in agricultural or horticultural use, or along a line 24 parallel to, and 100 (one hundred) feet south of, the Preserve where the 25 Preserve is adjacent to parcels which are undeveloped as of June 1, 26 1993, to County Route 46; thence southward along the easterly boundary 27 of County Route 46 to NYS Route 25; thence eastward along the southerly 28 boundary of NYS Route 25 to the Suffolk County Pine Trail Nature 29 Preserve; thence southward along the westerly boundary of the Suffolk 30 County Pine Trail Nature Preserve where the Preserve is adjacent to 31 developed parcels, or along a line parallel to, and 100 (one hundred) 32 feet west of, the Preserve where the Preserve is adjacent to parcels 33 which are undeveloped as of June 1, 1993, to the northern boundary of 34 the United States land known as Brookhaven National Laboratory; thence 35 generally westward along the northerly boundary of Brookhaven National 36 Laboratory to County Route 46 (William Floyd Parkway); thence generally 37 northwestward on a straight line to the intersection of Sally Lane and 38 Pond Lane; thence westward along the southerly side of Pond Lane to Ruth 39 Lane; thence northward along the westerly side of Ruth Lane to NYS Route 40 25; thence westward along the northerly side of NYS Route 25 to the 41 southeast corner of the NYS Middle Island State Game Farm and Environ- 42 mental Education Center; thence northward, westward, and southward along 43 the easterly, northerly, and westerly boundaries of the NYS Middle 44 Island State Game Farm and Environmental Education Center to NYS Route 45 25; thence westward along the southerly side of NYS Route 25, excluding 46 all parcels abutting that road which are developed as of June 1, 1993, 47 to Giant Oak Road; thence southward along the easterly side of Giant Oak 48 Road to Medford Road; thence southwestward along the southeasterly side 49 of Medford Road crossing to the west side of Smith Road; thence souther- 50 ly along the westerly side of Smith Road to the southeast corner of 51 District 200, Section 406, Block 1, Lot 6; thence westward and northward 52 along the southerly and westerly sides of said parcel to the southerly 53 side of the developed lands known as Strathmore Ridge; thence westward, 54 northward and eastward along the southerly, westerly and northerly sides 55 of the developed lands known as Strathmore Ridge to the westerly side of 56 Smith Road; thence northerly along the westerly side of Smith Road toA. 9508--B 72 1 the southerly side of NYS Route 25; thence westerly along the southerly 2 side of NYS Route 25, to the northwestern corner of that property which 3 is identified as District 200, Section 406, Block 1, Lot 4.3; thence 4 southerly along the westerly boundary of that property and continuing 5 southward along the westerly sides of the properties identified as 6 District 200, Section 406, Block 1, Lot 4.6; District 200, Section 406, 7 Block 1, Lot 4.4 and District 200, Section 504, Block 1, Lot 2 to the 8 southerly side of Longwood Road; thence eastward along the southerly 9 side of Longwood Road to the northwest corner of the property identified 10 as District 200, Section 504, Block 1, Lot 7.2; thence southward and 11 westward along the generally westerly boundary of that parcel to the 12 eastern end of Rugby Lane (also known as Rugby Avenue or Rugby Road), a 13 paper street shown on Suffolk County tax maps District 200, Sections 14 500, 502, and 503; thence westward along the northerly boundary of Rugby 15 Lane, across County Route 21, to the westerly boundary of County Route 16 21 (Yaphank - Middle Island Road); thence southward along the westerly 17 boundary of County Route 21 to the northeastern corner of the parcel 18 identified as District 200, Section 529, Block 1, Lot 28, and which is 19 coterminous with the southerly boundaries of the parcels located on the 20 south side of Rustic Lane; thence westward along the northerly boundary 21 of that parcel to the southwest corner of the parcel identified as 22 District 200, Section 528, Block 5, Lot 2; thence northward along a 23 portion of the easterly boundary of the Carmans River, which comprises 24 the easterly boundary of the parcel identified as District 200, Section 25 528, Block 5, Lot 1, to its intersection with the southern boundary of 26 the Suffolk County Nature Preserve parcel identified as District 200, 27 Section 500, Block 1, Lot 1.4; thence eastward along the southern bound- 28 ary of that parcel to the southeast corner of that parcel; thence north- 29 ward along the easterly boundary of that Suffolk County Nature Preserve 30 parcel to the southeast corner of the Suffolk County Nature Preserve 31 parcel identified as District 200, Section 500, Block 1, Lot 3.1, thence 32 generally northward along the easterly boundary of that parcel to the 33 north side of East Bartlett Road; thence easterly along the north side 34 of East Bartlett Road to the east side of County Road 21; thence south- 35 erly along the east side of County Road 21 to the southwest corner of 36 District 200, Section 501, Block 1, Lot 2.1; thence easterly and north- 37 erly along the southern and eastern sides of that property and northward 38 along the easterly side of District 0200, 50100, Block 0100, Lot 002002 39 and across to the north side of Longwood Road; thence westerly along the 40 north side of Longwood Road to the southeast corner of District 200, 41 Section 482, Block 1, Lot 3.1; thence northward and eastward along the 42 easterly and southerly boundaries of that parcel to the northwest corner 43 of the parcel identified as District 200, Section 483, Block 2, Lot 1.4; 44 thence eastward along the southerly property boundary of the parcel 45 identified as District 200, Section 482, Block 1, Lot 4 to the southeast 46 corner of that parcel; thence northward along the easterly boundary of 47 that parcel to the northeast corner of that parcel; thence eastward and 48 northward along the southerly and easterly boundaries of the parcel 49 identified as District 200, Section 456, Block 2, Lot 4 to the northeast 50 corner of that parcel; thence generally northerly and westerly along the 51 easterly and northerly boundary of Prosser Pines County Nature Preserve 52 to County Road 21; thence westward (directly across County Route 21) 53 along the southerly boundary of the property identified as District 200, 54 Section 434, Block 1, Lot 12.1, to the southwest corner of the property 55 identified as District 200, Section 434, Block 1, Lot 14.3, adjacent to 56 the eastern side of Cathedral Pines County Park; thence northward alongA. 9508--B 73 1 the eastern boundary of Cathedral Pines County Park to the southeast 2 corner of the property identified as District 200, Section 402, Block 1, 3 Lot 23.1, thence continuing northward along the easterly boundary of 4 that property to the southerly side of Lafayette Road; thence westward 5 along the southerly side of Lafayette Road to the eastern boundary of 6 the property identified as District 200, Section 402, Block 1, Lot 24.7; 7 thence generally in a counter-clockwise direction along the easterly, 8 northerly, westerly and northerly boundaries of that property to the 9 easterly boundary of the parcel identified as District 200, Section 402, 10 Block 1, Lot 19.2; thence northerly along the easterly side of said lot 11 to the southeast corner of the property identified as District 200, 12 Section 402, Block 1, Lot 20, thence westward and northward along the 13 southerly and westerly sides of that property to the southerly side of 14 NYS Route 25; thence westward along the southerly boundary of NYS Route 15 25 to the northwestern corner of the parcel identified as District 200, 16 Section 402, Block 1, Lot 16.4; thence generally southward along the 17 westerly boundary of that parcel to the northerly boundary of the parcel 18 identified as District 200, Section 454, Block 1, Lot 9.1; thence west- 19 ward along the northerly boundary of that parcel to East Bartlett Road; 20 thence southward along the easterly boundary of East Bartlett Road to 21 its intersection with Ashton Road; thence westward to the northeastern 22 corner of the old filed map shown on District 200, Section 499; thence 23 westward and southward along the northerly and westerly boundaries of 24 the old filed map shown on Suffolk County tax maps District 200, 25 Sections 498, 499, and 527 to Hillcrest Road; thence eastward along the 26 southerly boundary of Hillcrest Road to Ashton Road; thence southward 27 along the easterly side of Ashton Road to Granny Road; thence eastward 28 along the southerly side of Granny Road to the northwesterly corner of 29 District 200, Section 547, Block 1, Lot 18.1; thence generally south- 30 ward, westward, southward, eastward and northward in a counter-clockwise 31 direction along the western, northern, southern and eastern boundaries 32 of said parcel to the southeast corner of the parcel identified as 33 District 200, Section 548, Block 1, Lot 3; thence northward along the 34 easterly boundary of that parcel to its northeast corner; thence gener- 35 ally northward, northeastward and eastward along the westerly, northwes- 36 terly and northerly sides of German Boulevard to its intersection with 37 the northeasterly side of Lakeview Boulevard; thence southeastward along 38 the northeasterly side of Lakeview Boulevard to the westerly boundary of 39 the parcel identified as District 200, Section 611, Block 1, Lot 5; 40 thence northward along the westerly boundary of that parcel to its 41 northwest corner; thence southward along the westerly boundary of the 42 parcel identified as District 200, Section 579, Block 3, Lot 1, compris- 43 ing part of the western bank of the Carmans River also known as Upper 44 Lake, to the northerly side of Mill Road, also known as County Route 45 101; thence eastward along the northerly side of Mill Road to the north- 46 east corner of the parcel identified as District 200, Section 579, Block 47 3, Lot 19; thence westerly along the northerly boundary of that parcel 48 to the eastern boundary of the parcel identified as District 200, 49 Section 579, Block 3, Lot 1; thence northward along the easterly side of 50 that parcel, comprising part of the eastern bank of the Carmans River 51 also known as Upper Lake, to the southwest corner of the parcel identi- 52 fied as District 200, Section 548, Block 2, Lot 5.1; thence eastward 53 along the southern boundary of that parcel to its southeast corner; 54 thence eastward across County Route 21 to its easterly side; thence 55 northward along the easterly boundary of County Route 21 to the south- 56 west corner of the Suffolk County Nature Preserve parcel known asA. 9508--B 74 1 Warbler Woods and identified as District 200, Section 551, Block 1, Lot 2 4; thence generally eastward along the southerly boundary of the Warbler 3 Woods parcel and then southward along the westerly boundary of an exten- 4 sion of that parcel's southerly boundary to the southeast corner of the 5 southern terminus of Harold Road; thence generally westward, southward 6 and westward in a counter-clockwise direction along the northerly, 7 westerly, northerly and westerly boundaries of the Suffolk County Nature 8 Preserve parcel known as Fox Lair, and identified as District 200, 9 Section 580, Block 3, Lot 24.2, to the northwest corner of the parcel 10 Suffolk County Water Authority parcel identified as District 200, 11 Section 580, Block 3, Lot 24.6; thence southward, eastward and southward 12 along the westerly boundary and southerly boundaries of that Suffolk 13 County Water Authority parcel to Main Street; thence eastward along the 14 north side of Main Street to the southeast corner of said Suffolk County 15 Water Authority parcel to its southeast corner; thence northward along 16 the easterly boundary of that parcel to the southwest property boundary 17 of the Suffolk County Nature Preserve parcel known as Fox Lair and iden- 18 tified as District 200, Section 580, Block 3, Lot 24.2, thence generally 19 eastward, southward, eastward, northward and eastward along the souther- 20 ly boundaries of said parcel and eastward along the southerly boundary 21 of the Suffolk County Nature Preserve parcel identified as District 200, 22 Section 583, Block 1, Lot 4.1, to the west side of the unimproved north- 23 south oriented road known variously as Smith Road, Longwood Road and 24 Private Road; thence southward along the westerly boundary of Smith Road 25 to the north side of the Long Island Expressway; thence westward along 26 the northerly boundary of the Long Island Expressway to the south side 27 of Main Street in Yaphank; thence westward along the southerly boundary 28 of Main Street in Yaphank to the westernmost extent along Main Street of 29 the Southaven County Park boundary; thence westward across County Road 30 21 to the western boundary of the County Road 21 right-of-way; thence 31 southward along the western boundary of the County Road 21 right-of-way 32 to the northerly side of the parcel identified as District 200, Section 33 611, Block 3, Lot 16, comprising the northerly bank of the Carmans River 34 known as Lower Lake; thence westward along the northerly side of that 35 property to the southwest corner of the parcel identified as District 36 200, Section 612, Block 4, Lot 1; thence northward along the westerly 37 boundary of that parcel to the southerly side of County Route 21 known 38 as Main Street; thence westward along the southerly side of County Route 39 21 known as Main Street to the northeast corner of the parcel identified 40 as District 200, Section 612, Block 2, Lot 12; thence southward along 41 the easterly boundary of that parcel to the southeast corner of the 42 parcel identified as District 200, Section 612, Block 2, Lot 11; thence 43 westward and northwestward along the northerly and northeasterly bounda- 44 ries of the Town of Brookhaven parcel identified as District 200, 45 Section 611, Block 3, Lot 9 to the south side of Mill Road, also known 46 as County Road 101; thence generally westward and southward along the 47 southerly side of Mill Road and continuing southward along the eastern 48 side of Patchogue-Yaphank Road, also known as County Road 101, to the 49 southerly side of Gerard Road; thence eastward along the southerly side 50 of Gerard Road to its westerly boundary known as the map of Grand 51 Heights, filed in the offices of the Suffolk County clerk; thence south- 52 ward along the westerly map line of the filed map known as Grand Heights 53 to the north side of the Long Island Expressway NYS Route 495; thence 54 easterly along the northerly side of the Long Island Expressway NYS 55 Route 495 to the westerly side of County Route 21 known as Yaphank 56 Avenue; thence southward along the westerly side of Yaphank Avenue toA. 9508--B 75 1 the south side of the Long Island Expressway; thence eastward along the 2 south side of the Long Island Expressway to the westerly boundary of 3 Southaven County Park, thence generally southward along the westerly 4 boundary of Southaven County Park to the northeast corner of the lands 5 of Suffolk County identified as District 200, Section 665, Block 2, Lot 6 1; thence generally southward along the easterly boundary of said lot, 7 crossing the LIRR and Park Street and continuing southward along the 8 westerly boundary of Davenport Avenue as shown on the old filed map 9 known as Bellhaven Terrace; thence southward and eastward along the 10 westerly and southerly boundaries of the parcel identified as District 11 200, Section 744, Block 1, Lot 10 to the westerly boundary of the parcel 12 identified as District 200, Section 781, Block 1, Lot 3.1; thence 13 continuing southerly along the westerly boundary of that parcel to the 14 easterly boundary of Gerard Road; thence southward along the easterly 15 boundary of Gerard Road to Victory Avenue; thence eastward along the 16 northerly boundary of Victory Avenue to a point where the west bank of 17 the Carmans River passes under Victory Avenue and Route 27; thence south 18 under Route 27 to the southerly side of Montauk Highway also known as 19 County Road 80; thence westward along the southerly side of Montauk 20 Highway County Road 80, including lands owned by the United States known 21 as Wertheim National Wildlife Refuge (the "Refuge"), to the eastern side 22 of Old Stump Road; thence southward along the easterly side of Old Stump 23 Road to the northerly side of Beaver Dam Road; thence eastward along the 24 northerly side of Beaver Dam Road to the lands owned by the United 25 States known as Wertheim National Wildlife Refuge (the "Refuge"), 26 including the Carmans River; thence generally westerly and southerly to 27 the waters of Bellport Bay; thence generally easterly across the Bay and 28 northerly along the easterly boundary of the Refuge, including all lands 29 currently part of the Refuge and any lands which may become part of the 30 Refuge in the future to the east side of the southern terminus of Smith 31 Road; thence northward along the easterly side of Smith Road to the 32 southwesterly corner of the property identified as District 200, Section 33 974.50, Block 1, Lot 11; thence eastward, northward and westward in a 34 counter-clockwise direction along the southern, eastern and northern 35 boundaries of that property to the easterly side of Smith Road; thence 36 northward along the easterly side of Smith Road to the northerly side of 37 Montauk Highway County Road 80; thence northeasterly to the southwester- 38 ly corner of the property identified as District 200, Section 849, Block 39 2, Lot 2; thence eastward along the northerly boundary of Montauk High- 40 way to the southeasterly corner of the property identified as District 41 200, Section 850, Block 3, Lot 8; thence northward to the northeasterly 42 corner of that parcel, including all lands owned by the United States 43 known as Wertheim National Wildlife Refuge (the "Refuge") at any time 44 between June 1, 1993 and the present, and any lands which may become 45 part of the Refuge in the future; thence northwestward across Sunrise 46 Highway (NYS Route 27) to the southwesterly corner of the property iden- 47 tified as District 200, Section 850, Block 2, Lot 1; thence northward 48 along the westerly boundary of that parcel across to the northerly boun- 49 dary of Victory Avenue; thence westward along the northerly boundary of 50 Victory Avenue to the westerly boundary of River Road; thence northward 51 along the westerly boundary of River Road to the north side of the Long 52 Island Rail Road right-of-way; thence easterly along the northerly side 53 of the Long Island Rail Road right-of-way to the north side of Morich- 54 es-Middle Island Road; thence generally northward and westward along the 55 northerly side of Moriches-Middle Island Road to the northerly side of 56 the Long Island Expressway; thence westward along the northerly boundaryA. 9508--B 76 1 of the Long Island Expressway to the southeasterly corner of the Long- 2 wood Greenbelt property (the property identified as District 200, 3 Section 583, Block 2, Lot 1.1); thence northward along the easterly 4 boundary of the Longwood Greenbelt property to its northeast corner; 5 thence eastward to the southwesterly corner of the property known as 6 District 200, Section 552, Block 1, Lot 8; thence generally northeast- 7 ward along the easterly boundary of the property identified as District 8 200, Section 552, Block 1, Lot 1.7 to the northeasterly corner of that 9 parcel; thence eastward along the southerly boundaries of the parcels 10 identified as District 200, Section 504, Block 1, Lot 8, and District 11 200, Section 504, Block 1, Lot 11, to the westerly boundary of the 12 William Floyd Parkway (County Route 46); thence northward along the 13 westerly side of County Route 46 to a point 2000 (two thousand) feet 14 south of the southern bank of the Peconic River crossing of County Route 15 46; thence generally southeastward along a line parallel to, and 2000 16 (two thousand) feet generally south or southwest of, and parallel to, 17 the southernmost bank of the Peconic River to a point where the Peconic 18 River crosses the unpaved, unnamed, north-south firebreak and patrol 19 road on the eastern half of the Brookhaven National Laboratory property; 20 thence southward and southwestward along the easterly and southeasterly 21 boundaries of the unpaved, unnamed, north-south firebreak and patrol 22 road starting on the eastern half of the Brookhaven National Laboratory 23 property to the Brookhaven National Laboratory road known as Brookhaven 24 Avenue; thence due westward along a straight line to the Brookhaven 25 National Laboratory road known as Princeton Avenue; thence westward 26 along the southerly boundary of Princeton Avenue to the unnamed Labora- 27 tory road which diverts southwest in the vicinity of the Laboratory gate 28 house; thence southwestward along the southerly side of the unnamed 29 Laboratory road just described to County Route 46; thence southward 30 along the easterly side of County Route 46 to NYS Route 495; thence 31 eastward along the northerly boundary of NYS Route 495 to County Route 32 111; thence southeastward along the northerly boundary of County Route 33 111 to NYS Route 27 (Sunrise Highway); thence generally southward across 34 NYS Route 27 to the westernmost extent along NYS Route 27 of the unde- 35 veloped portion (as of June 1, 1993) of the parcel assemblage comprised 36 of those parcels identified as District 200, Section 594, Block 2, Lot 4 37 and District 900, Section 325, Block 1, Lot 41.2; thence southward along 38 the westerly boundary of the undeveloped portion (as of June 1, 1993) of 39 that parcel assemblage to County Route 71 (Old Country Road); thence 40 eastward along the northerly boundary of County Route 71 to the south- 41 eastern corner of the Suffolk County Nature Preserve lands which run 42 from NYS Route 27 south to County Route 111 and which adjoin the easter- 43 ly side of the preceding assemblage; thence northward along the easterly 44 boundary of that Suffolk County Nature Preserve assemblage (crossing the 45 County Route 111 right of way) to NYS Route 27; thence eastward along 46 the southerly boundary of NYS Route 27 to the westerly end of 19th 47 Street as shown in the old filed map contained within the tax map iden- 48 tified as District 900, Section 276, Block 2; thence southward along the 49 westerly boundary of that old filed map (shown in District 900, Sections 50 276, 302, 303, 327, and 328), and coterminous with the westerly side of 51 those parcels along the westerly side of Oishei Road, to County Route 52 71; thence eastward along the northerly boundary of County Route 71 to 53 the southeasterly corner of the parcel identified as District 900, 54 Section 328, Block 2, Lot 19; thence northward along the easterly bound- 55 ary of that old filed map surrounding Oishei Road, and coterminous with 56 the easterly side of those parcels along the easterly side of OisheiA. 9508--B 77 1 Road, to a point along that line due west of the northwesterly corner of 2 the parcel containing the Suffolk County facilities identified as 3 District 900, Section 331, Block 1, Lot 1; thence due eastward along a 4 straight line to the northwesterly corner of that parcel; thence east- 5 ward along the northerly boundary of that parcel to its northeasterly 6 corner shown in District 900, Section 307; thence due eastward along a 7 straight line to Summit Boulevard; thence southward along the westerly 8 side of Summit Boulevard to County Route 71; thence eastward along the 9 northerly side of County Route 71, excluding all parcels abutting that 10 road which are developed as of June 1, 1993, to the Long Island Rail 11 Road tracks; thence eastward along the northerly boundary of the Long 12 Island Rail Road tracks to County Route 31 (Old Riverhead Road); thence 13 northward along the westerly boundary of County Route 31 to that point 14 opposite the point along the easterly side of County Route 31 (north of 15 the Stewart Avenue intersection) at which the undeveloped portion (as of 16 June 1, 1993) of the Suffolk County Airport (Gabreski Airport) occurs; 17 thence generally northward, eastward and southward around the westerly, 18 northerly and easterly boundaries of the undeveloped portion (as of June 19 1, 1993) of the airport property (excluding from the Core Preservation 20 Area those portions of the airport property which are occupied by the 21 runways, their associated maintenance areas, and those areas identified 22 for future use in the Suffolk County Airport Master Plan approved by the 23 County Legislature) to the Long Island Rail Road tracks (including in 24 the Core Preservation Area those portions of the airport property which 25 are adjacent to the Quogue Wildlife Refuge's westerly boundary and which 26 are in their natural state); thence eastward along the northerly bounda- 27 ry of the Long Island Rail Road tracks to the southeasterly corner of 28 the Town of Southampton parcel identified as District 902, Section 1, 29 Block 1, Lot 22.1; thence generally northward and eastward along the 30 easterly border of that parcel and the Town of Southampton parcels to 31 the immediate north identified as District 900, Section 313, Block 1, 32 Lot 42.1 and District 900, Section 287, Block 1, Lot 1.55 to County 33 Route 104; thence northward along the westerly boundary of County Route 34 104 to a point 1000 (one thousand) feet southward of NYS Route 27; 35 thence eastward along a line parallel to, and 1000 (one thousand) feet 36 south of, NYS Route 27, to the westerly boundary of the parcel identi- 37 fied as District 900, Section 252, Block 1, Lot 1; thence southward 38 along the westerly boundary of that parcel to the Long Island Rail Road 39 tracks; thence eastward along the northerly boundary of the Long Island 40 Rail Road tracks to Montauk Highway; thence eastward along the northerly 41 boundary of Montauk Highway to that point where the boundary of Sears- 42 Bellows County Park heads northward along the eastern side of the Munns 43 Pond portion; thence northward along the easterly boundary of Sears-Bel- 44 lows County Park, to NYS Route 27; thence eastward along the northerly 45 boundary of NYS Route 27 to NYS Route 24 (Riverhead - Hampton Bays 46 Road); thence generally northwestward and westward along the southwes- 47 terly boundary of NYS Route 24 to the easternmost extent along NYS Route 48 24 of the Suffolk County Parkland known as Flanders or Hubbard County 49 Park; thence generally northward, westward, and southward along the 50 easterly, northerly, and westerly boundaries of Flanders or Hubbard 51 County Park, including all adjacent or contiguous undeveloped Town of 52 Southampton parks, preserves, open space areas, or reserved areas, to 53 NYS Route 24; thence westward along the southerly boundary of NYS Route 54 24 to Pleasure Drive; thence southward along the easterly boundary of 55 Pleasure Drive a distance of 2000 (two thousand) feet, excluding all 56 parcels abutting that road which are developed as of June 1, 1993;A. 9508--B 78 1 thence generally westward along a straight line to the southernmost 2 extent of the NYS David Sarnoff Preserve along the westerly boundaries 3 of the parcels on the westerly side of Brookhaven Avenue; thence gener- 4 ally northward and westward along the easterly and northerly boundary of 5 the NYS David Sarnoff Pine Barrens Preserve, crossing County Routes 105 6 and 104, to County Route 63 (Riverhead-Moriches Road); thence generally 7 westward and northward along the northerly boundary of the Suffolk Coun- 8 ty Cranberry Bog County Nature Preserve to County Route 51; thence 9 southwesterly along the westerly side of County Route 51 to the boundary 10 of the Cranberry Bog County Nature Preserve; thence westward and north- 11 ward along the northeasterly boundary of Cranberry Bog County Nature 12 Preserve to County Route 94 (also known as NYS Route 24, or Nugent 13 Drive); thence eastward along the northerly side of County Route 94 to 14 the County Route 94A bridge; thence northward along the westerly side of 15 the County Route 94A bridge to the Riverhead-Southampton border; thence 16 westward along the Riverhead-Southampton border, and the Riverhead-Bro- 17 okhaven Border, to the Forge Road Bridge; thence northward along the 18 westerly boundary of the Forge Road Bridge to Forge Road; thence 19 northwestward along the westerly boundary of Forge Road to the Long 20 Island Rail Road tracks; thence northward along the westerly boundary of 21 Forge Road (unpaved) to the intersection of NYS Route 25 and River Road; 22 thence westward along the southerly boundary of River Road to Edwards 23 Avenue; thence westward along the southerly boundary of River Road 24 (Grumman Boulevard or Swan Pond Road) to the southeast corner of that 25 parcel containing Conoe (or Canoe) Lake and identified as District 600, 26 Section 137, Block 1, Lot 1; thence northward, westward, and southward 27 along the borders of that parcel containing Conoe (or Canoe) Lake to 28 River Road (Grumman Boulevard); thence westward along the northerly 29 boundary of Grumman Boulevard to the southeasternmost corner of the 30 undeveloped portion (as of June 1, 1993) of the United States 31 Navy/Grumman Corporation property located on the north side of Grumman 32 Boulevard and adjacent to the Grumman entrance known as the South Gate; 33 thence due north along the easternmost edge of that undeveloped portion 34 (as of June 1, 1993) of the United States Navy/Grumman Corporation prop- 35 erty to NYS Route 25; thence along a straight line to the northerly side 36 of NYS Route 25 to a point occupied by the southeasternmost corner of 37 the parcel assemblage comprised of District 600, Section 75, Block 3, 38 Lot 10.1, and District 600, Section 96, Block 1, Lot 14, and otherwise 39 known as Camp Wauwepex; thence northward, westward, and generally south- 40 ward along the easterly, northerly, and generally westerly boundaries of 41 the Camp Wauwepex assemblage to NYS Route 25; thence westward along the 42 northerly side of NYS Route 25 to Montauk Trail; thence northeastward 43 along the northwesterly side of Montauk Trail to Panamoka Trail; thence 44 northward along the westerly side of Panamoka Trail, excluding all 45 parcels abutting that road which are developed as of June 1, 1993, to 46 Matinecock Trail; thence westward along the southerly side of Matinecock 47 Trail to the easterly boundary of Brookhaven State Park; thence general- 48 ly northward along the easterly boundary of Brookhaven State Park, 49 including all adjacent or contiguous undeveloped Town of Brookhaven 50 parks, preserves, open space areas, or reserved areas, to its inter- 51 section with NYS Route 25A; [thence westward along the southerly side of52NYS Route 25A to the northeast corner of the Shoreham-Wading River53school district property;] thence eastward along the southerly boundary 54 of Route 25A to a point due south of the southeast corner of the parcel 55 identified as District 200, Section 128, Block 1, Lot 3.1; thence 56 northeastward, northward and westward along the southerly, easterly andA. 9508--B 79 1 northerly sides of the parcel identified as District 200, Section 128, 2 Block 1, Lot 1 to the southeast corner of the parcel identified as 3 District 200, Section 82, Block 1, Lot 5.2; thence northward along the 4 east side of this parcel to its intersection with the south side of 5 North Country Road; thence northward crossing North Country road to its 6 northerly side; thence eastward along the northerly side of North Coun- 7 try Road to the Brookhaven Town-Riverhead Town line; thence in a gener- 8 ally northwestward direction along said town line to a point in Wading 9 River Creek With the coordinates 40.96225 latitude and -72.863633 longi- 10 tude; thence westward a distance of approximately 90 feet to the easter- 11 ly side of LILCO Road; thence southward along LILCO Road to its inter- 12 section with the north side of North Country Road; thence westward along 13 the north side of North Country Road to the southeast corner of the 14 parcel identified as District 200, Section 39, Block 1, Lot 2; thence in 15 a northward and westward direction along the easterly and northerly 16 sides of said parcel to its northwest corner; thence northward along the 17 westerly boundary of the parcel identified as District 200, Section 83, 18 Block 1, Lot 1.4 to its northwest corner and the shoreline of Long 19 Island Sound; thence westward /along the northerly side of the parcel 20 identified as District 200, Section 83, Block 1, Lot 1.4 and continuing 21 in a westward direction along the northerly side of the parcel identi- 22 fied as district 200, section 39, Block 1, lot 1.2 and the southerly 23 extent of the Long Island Sound to the northwest corner of the property 24 identified as District 200, Section 39, Block 1, Lot 1.2; thence south- 25 ward along the westerly boundary of said property to North Country Road; 26 thence west along the southerly boundary of North Country Road to the 27 northwestern corner of the property identified as District 200, Section 28 82, Block 1, Lot 1.1; thence south along the westerly boundary of said 29 property and the westerly boundary of the property identified as 30 District 200, Section 39, Block 1, Lot 1.2 to the northwest corner of 31 property identified as District 200, Section 82, Block 1, Lot 5.1; 32 thence southward along the westerly boundary of said property in a line 33 to the northeast corner of property identified as District 200, Section 34 105, Block 3, Lot 5; thence southward along the easterly boundary of 35 said property to the north side of Route 25A; thence eastward along the 36 north side of Route 25A to a point directly north of the northeast 37 corner of the Shoreham-Wading River school district property; thence 38 southward, crossing Route 25A to its southerly boundary and the north- 39 east corner of the Shoreham-Wading river school district property; 40 thence southward, westward, and northward along the easterly, southerly, 41 and westerly boundaries of the Shoreham-Wading River school district 42 property to NYS Route 25A; thence westward along the southerly side of 43 NYS Route 25A to County Route 46; thence southward along the easterly 44 side of County Route 46 to its intersection with the Suffolk County Pine 45 Trail Nature Preserve; thence westward along the northerly boundary of 46 the Suffolk County Pine Trail Nature Preserve where the Preserve is 47 adjacent to developed parcels or parcels in agricultural or horticultur- 48 al use, or along a line parallel to, and 100 (one hundred) feet north 49 of, the Preserve where the Preserve is adjacent to parcels which are 50 undeveloped as of June 1, 1993, to the southeastern corner of the parcel 51 west of Woodlots Road and identified as District 200, Section 291, Block 52 1, Lot 14.1; thence northward and westward along the easterly and north- 53 erly boundaries of that parcel to Whiskey Road; thence westward along 54 the southerly side of Whiskey Road to Wading River Hollow Road; thence 55 northward along the westerly side of Wading River Hollow Road to the 56 boundary of the NYS Rocky Point Land; thence generally northward alongA. 9508--B 80 1 the easterly boundary of the NYS Rocky Point Land, including all adja- 2 cent or contiguous undeveloped Town of Brookhaven parks, preserves, open 3 space areas, or reserved areas, to NYS Route 25A; thence westward along 4 the southerly side of NYS Route 25A, excluding those parcels abutting 5 that road which are developed as of June 1, 1993, and those lands iden- 6 tified for the reroute of Route 25A by the NYS Department of Transporta- 7 tion, to the northeastern corner of the parcel identified as District 8 200, Section 102, Block 3, Lot 1.4; thence southward along the westerly 9 boundary of that parcel to the parcel identified as District 200, 10 Section 102, Block 3, Lot 1.6; thence generally westward and southward 11 along the westerly boundaries of that parcel and the adjoining southerly 12 parcel identified as District 200, Section 102, Block 3, Lot 1.5 to the 13 boundary of the NYS Rocky Point Land; thence westward along the norther- 14 ly boundary of the NYS Rocky Point Land to County Route 21; thence 15 generally westward along a straight line across County Route 21 to the 16 northernmost extent along County Route 21 of the NYS Rocky Point Land; 17 thence generally westward along the generally northerly boundary of the 18 NYS Rocky Point Land to the point or place of beginning, and excluding 19 the area defined as beginning at a point where the southerly boundary of 20 NYS Route 25 meets the easterly side of the Suffolk County Pine Trail 21 Nature Preserve; thence southeastward along the easterly side of the 22 Suffolk County Pine Trail Nature Preserve where the Preserve is adjacent 23 to developed parcels, or along a line parallel to, and 100 (one hundred) 24 feet east of, the Preserve where the Preserve is adjacent to parcels 25 which are undeveloped as of June 1, 1993, to the Long Island Lighting 26 Company high voltage transmission lines; thence northward along the 27 westerly side of the Long Island Lighting Company high voltage trans- 28 mission lines to NYS Route 25; thence westward along the southerly side 29 of NYS Route 25 to the point or place of beginning; 30 and excluding [two] three distinct areas described as follows: Area One 31 is the area defined as beginning at a point where the southerly boundary 32 of NYS Route 25 meets the easterly side of the Suffolk County Pine Trail 33 Nature Preserve; thence southeastward along the easterly side of the 34 Suffolk County Pine Trail Nature Preserve where the Preserve is adjacent 35 to developed parcels, or along a line parallel to, and 100 (one hundred) 36 feet east of, the Preserve where the Preserve is adjacent to parcels 37 which are undeveloped as of June 1, 1993, to the Long Island Lighting 38 Company high voltage transmission lines; thence northward along the 39 westerly side of the Long Island Lighting Company high voltage trans- 40 mission lines to NYS Route 25; thence westward along the southerly side 41 of NYS Route 25 to the point or place of beginning; Area Two is the area 42 defined as beginning at the northwest corner of the parcel identified as 43 District 200, Section 552, Block 1, Lot 3; thence eastward, southwest- 44 ward and generally northward along the northerly, southeasterly and 45 westerly boundaries of that parcel, containing the sewage treatment 46 facility known as the Dorade facility, to the point of beginning; Area 47 three is defined as the parcel identified as district 200, section 82, 48 block 1, lot 3. 49 Beginning at a point on the southeasterly corner of the intersection 50 of Moriches-Middle Island Road and Cranford Boulevard and thence south- 51 ward along the easterly boundary of Cranford Boulevard to the southwest- 52 ern corner of property identified as District 200, Section 645, Block 3, 53 Lot 29.1; thence southeastward along the southerly boundary of said 54 property to its intersection with property identified as District 200, 55 Section 712, Block 9, Lot 1; thence generally southward along the 56 westerly boundary of said property to its intersection with the norther-A. 9508--B 81 1 ly side of the eastward extension of Grove Drive; thence southward 2 crossing Grove Drive to its south side; thence westward along the south- 3 erly boundary of the Grove Drive road extension to the northwestern 4 corner of the property identified as District 200, Section 749, Block 3, 5 Lot 41.1 and comprised of parcels owned by the county of Suffolk and the 6 town of Brookhaven; thence southward to the southwestern corner of prop- 7 erty identified as District 200, Section 749, Block 3, Lot 43; thence 8 eastward along the southerly boundary of said property to the west side 9 of Lambert Avenue; thence crossing Lambert Avenue to its easterly side; 10 thence southward along the easterly boundary of Lambert Avenue to the 11 northerly boundary of the Sunrise Highway Service Road; thence 12 northeastward along the northerly boundary of the Sunrise Highway 13 Service Road to Barnes Road; thence northward along the westerly bounda- 14 ry of Barnes Road to the northeastern corner of the property identified 15 as District 200, Section 750, Block 3, Lot 40.2; thence westward along 16 the northerly boundary of property identified as District 200, Section 17 713, Block 1, Lot 2; thence westward along the northerly boundary of 18 property identified as District 200, Section 713, Block 1, Lot 1; thence 19 northward along the westerly side of Weeks Avenue to the northeastern 20 corner of property identified as District 200, Section 713, Block 3, Lot 21 1; thence westward along the northerly boundary of said property to 22 Michigan Avenue; thence northward along the easterly boundary of Michi- 23 gan Avenue to Moriches-Middle Island Road; thence westward along the 24 southerly boundary of Moriches-Middle Island Road to the point of begin- 25 ning. 26 § 2. The county of Suffolk planning department and the state office of 27 general services shall compile a report providing an inventory of indus- 28 trial and business zoned properties in the town of Brookhaven, of at 29 least five acres, which would be suitable for solar projects. Such 30 inventory shall exclude areas of potential sensitivity such as one-hun- 31 dred-year flood hazard zones, historic and/or culturally significant 32 resources and properties within 100 feet landward of tidal or freshwater 33 wetlands, and shall only include lands previously cleared and/or 34 disturbed on or before January 1, 2016. Such report shall be submitted 35 to the governor and the legislature no later than January 1, 2020. 36 § 3. This act shall take effect on the first of January next succeed- 37 ing the date on which it shall have become a law provided that if the 38 provisions of this act establishing a new description and boundaries of 39 the Central Pine Barrens Area or the core preservation area removed or 40 excludes any of the lands of the Central Pine Barrens Area or the core 41 preservation area as such lands are described and bounded in chapter 267 42 of the laws of 2015, and/or protections established and/or provided by 43 such act, this act shall be deemed repealed and of no force and effect 44 and chapter 267 of the laws of 2015 shall remain in full force and 45 effect. The state legislature shall notify the legislative bill draft- 46 ing commission of any such decrease and resulting repeal in order that 47 the commission may maintain an accurate and timely effective data base 48 of the official text of the laws of the state of New York in furtherance 49 of effectuating the provisions of section 44 of the legislative law and 50 section 70-b of the public officers law. 51 PART DD 52 Section 1. Expenditures of moneys appropriated in a chapter of the 53 laws of 2018 to the department of agriculture and markets from the 54 special revenue funds-other/state operations, miscellaneous specialA. 9508--B 82 1 revenue fund-339, public service account shall be subject to the 2 provisions of this section. Notwithstanding any other provision of law 3 to the contrary, direct and indirect expenses relating to the department 4 of agriculture and markets' participation in general ratemaking 5 proceedings pursuant to section 65 of the public service law or certif- 6 ication proceedings pursuant to article 7 or 10 of the public service 7 law, shall be deemed expenses of the department of public service within 8 the meaning of section 18-a of the public service law. No later than 9 August 15, 2019, the commissioner of the department of agriculture and 10 markets shall submit an accounting of such expenses, including, but not 11 limited to, expenses in the 2018 -- 2019 fiscal year for personal and 12 non-personal services and fringe benefits, to the chair of the public 13 service commission for the chair's review pursuant to the provisions of 14 section 18-a of the public service law. 15 § 2. Expenditures of moneys appropriated in a chapter of the laws of 16 2018 to the department of state from the special revenue funds- 17 other/state operations, miscellaneous special revenue fund-339, public 18 service account shall be subject to the provisions of this section. 19 Notwithstanding any other provision of law to the contrary, direct and 20 indirect expenses relating to the activities of the department of 21 state's utility intervention unit pursuant to subdivision 4 of section 22 94-a of the executive law, including, but not limited to participation 23 in general ratemaking proceedings pursuant to section 65 of the public 24 service law or certification proceedings pursuant to article 7 or 10 of 25 the public service law, shall be deemed expenses of the department of 26 public service within the meaning of section 18-a of the public service 27 law. No later than August 15, 2019, the secretary of state shall submit 28 an accounting of such expenses, including, but not limited to, expenses 29 in the 2018 -- 2019 fiscal year for personal and non-personal services 30 and fringe benefits, to the chair of the public service commission for 31 the chair's review pursuant to the provisions of section 18-a of the 32 public service law. 33 § 3. Expenditures of moneys appropriated in a chapter of the laws of 34 2018 to the office of parks, recreation and historic preservation from 35 the special revenue funds-other/state operations, miscellaneous special 36 revenue fund-339, public service account shall be subject to the 37 provisions of this section. Notwithstanding any other provision of law 38 to the contrary, direct and indirect expenses relating to the office of 39 parks, recreation and historic preservation's participation in general 40 ratemaking proceedings pursuant to section 65 of the public service law 41 or certification proceedings pursuant to article 7 or 10 of the public 42 service law, shall be deemed expenses of the department of public 43 service within the meaning of section 18-a of the public service law. No 44 later than August 15, 2019, the commissioner of the office of parks, 45 recreation and historic preservation shall submit an accounting of such 46 expenses, including, but not limited to, expenses in the 2018 -- 2019 47 fiscal year for personal and non-personal services and fringe benefits, 48 to the chair of the public service commission for the chair's review 49 pursuant to the provisions of section 18-a of the public service law. 50 § 4. Expenditures of moneys appropriated in a chapter of the laws of 51 2018 to the department of environmental conservation from the special 52 revenue funds-other/state operations, environmental conservation special 53 revenue fund-301, utility environmental regulation account shall be 54 subject to the provisions of this section. Notwithstanding any other 55 provision of law to the contrary, direct and indirect expenses relating 56 to the department of environmental conservation's participation in stateA. 9508--B 83 1 energy policy proceedings, or certification proceedings pursuant to 2 article 7 or 10 of the public service law, shall be deemed expenses of 3 the department of public service within the meaning of section 18-a of 4 the public service law. No later than August 15, 2019, the commissioner 5 of the department of environmental conservation shall submit an account- 6 ing of such expenses, including, but not limited to, expenses in the 7 2018 -- 2019 fiscal year for personal and non-personal services and 8 fringe benefits, to the chair of the public service commission for the 9 chair's review pursuant to the provisions of section 18-a of the public 10 service law. 11 § 5. Notwithstanding any other law, rule or regulation to the contra- 12 ry, expenses of the department of health public service education 13 program incurred pursuant to appropriations from the cable television 14 account of the state miscellaneous special revenue funds shall be deemed 15 expenses of the department of public service. No later than August 15, 16 2019, the commissioner of the department of health shall submit an 17 accounting of expenses in the 2018 -- 2019 fiscal year to the chair of 18 the public service commission for the chair's review pursuant to the 19 provisions of section 217 of the public service law. 20 § 6. Any expense deemed to be expenses of the department of public 21 service pursuant to sections one through four of this act shall not be 22 recovered through assessments imposed upon telephone corporations as 23 defined in subdivision 17 of section 2 of the public service law. 24 § 7. This act shall take effect immediately and shall be deemed to 25 have been in full force and effect on and after April 1, 2018 and shall 26 be deemed repealed April 1, 2019. 27 PART EE 28 Section 1. Expenditures of moneys by the New York state energy 29 research and development authority for services and expenses of the 30 energy research, development and demonstration program, including 31 grants, the energy policy and planning program, the zero emissions vehi- 32 cle and electric vehicle rebate program, and the Fuel NY program shall 33 be subject to the provisions of this section. Notwithstanding the 34 provisions of subdivision 4-a of section 18-a of the public service law, 35 all moneys committed or expended in an amount not to exceed $19,700,000 36 shall be reimbursed by assessment against gas corporations, as defined 37 in subdivision 11 of section 2 of the public service law and electric 38 corporations as defined in subdivision 13 of section 2 of the public 39 service law, where such gas corporations and electric corporations have 40 gross revenues from intrastate utility operations in excess of $500,000 41 in the preceding calendar year, and the total amount which may be 42 charged to any gas corporation and any electric corporation shall not 43 exceed one cent per one thousand cubic feet of gas sold and .010 cent 44 per kilowatt-hour of electricity sold by such corporations in their 45 intrastate utility operations in calendar year 2016. Such amounts shall 46 be excluded from the general assessment provisions of subdivision 2 of 47 section 18-a of the public service law. The chair of the public service 48 commission shall bill such gas and/or electric corporations for such 49 amounts on or before August 10, 2018 and such amounts shall be paid to 50 the New York state energy research and development authority on or 51 before September 10, 2018. Upon receipt, the New York state energy 52 research and development authority shall deposit such funds in the ener- 53 gy research and development operating fund established pursuant to 54 section 1859 of the public authorities law. The New York state energyA. 9508--B 84 1 research and development authority is authorized and directed to: (1) 2 transfer $1 million to the state general fund for services and expenses 3 of the department of environmental conservation, $150,000 to the state 4 general fund for services and expenses of the department of agriculture 5 and markets, and $825,000 to the University of Rochester laboratory for 6 laser energetics from the funds received; and (2) commencing in 2016, 7 provide to the chair of the public service commission and the director 8 of the budget and the chairs and secretaries of the legislative fiscal 9 committees, on or before August first of each year, an itemized record, 10 certified by the president and chief executive officer of the authority, 11 or his or her designee, detailing any and all expenditures and commit- 12 ments ascribable to moneys received as a result of this assessment by 13 the chair of the department of public service pursuant to section 18-a 14 of the public service law. This itemized record shall include an item- 15 ized breakdown of the programs being funded by this section and the 16 amount committed to each program. The authority shall not commit for 17 any expenditure, any moneys derived from the assessment provided for in 18 this section, until the chair of such authority shall have submitted, 19 and the director of the budget shall have approved, a comprehensive 20 financial plan encompassing all moneys available to and all anticipated 21 commitments and expenditures by such authority from any source for the 22 operations of such authority. Copies of the approved comprehensive 23 financial plan shall be immediately submitted by the chair to the chairs 24 and secretaries of the legislative fiscal committees. Any such amount 25 not committed by such authority to contracts or contracts to be awarded 26 or otherwise expended by the authority during the fiscal year shall be 27 refunded by such authority on a pro-rata basis to such gas and/or elec- 28 tric corporations, in a manner to be determined by the department of 29 public service, and any refund amounts must be explicitly lined out in 30 the itemized record described above. 31 § 2. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2018. 33 PART FF 34 Section 1. Paragraph (a) of subdivision 17 of section 1005 of the 35 public authorities law, as amended by chapter 494 of the laws of 2011, 36 is amended to read as follows: 37 (a) As deemed feasible and advisable by the trustees, to finance 38 [and], design, develop, construct, implement, provide and administer 39 energy-related projects, programs and services for any public entity, 40 any independent not-for-profit institution of higher education within 41 the state, [and] any recipient of [the] economic development power, 42 expansion power, replacement power, preservation power, high load factor 43 power, municipal distribution agency power, [power for jobs, and] or 44 recharge New York power [programs administered] allocated by the author- 45 ity, and any party located within the state under contract with the 46 authority to purchase power from the authority pursuant to this title or 47 any other law. In establishing and providing high performance and 48 sustainable building programs and services authorized by this subdivi- 49 sion, the authority is authorized to consult standards, guidelines, 50 rating systems, and/or criteria established or adopted by other organ- 51 izations, including but not limited to the United States green building 52 council under its leadership in energy and environmental design (LEED) 53 programs, the green building initiative's green globes rating system, 54 and the American National Standards Institute. The source of any financ- 55 ing and/or loans provided by the authority for the purposes of thisA. 9508--B 85 1 subdivision may be the proceeds of notes issued pursuant to section one 2 thousand nine-a of this title, the proceeds of bonds issued pursuant to 3 section one thousand ten of this title, or any other available authority 4 funds. 5 § 2. Subparagraph 2 of paragraph (b) of subdivision 17 of section 1005 6 of the public authorities law, as added by chapter 477 of the laws of 7 2009 and such subdivision as renumbered by section 16 of part CC of 8 chapter 60 of the laws of 2011, is amended to read as follows: 9 (2) "Energy-related projects, programs and services" means energy 10 management, distribution, or control projects and services, energy 11 supply security, resiliency or reliability projects and services, energy 12 procurement programs and services for public entities, energy efficiency 13 projects and services, clean energy technology projects and services, 14 and high performance and sustainable building programs and services, and 15 the construction, installation and/or operation of facilities or equip- 16 ment done in connection with any such energy-related projects, programs 17 or services. 18 § 3. Intentionally omitted. 19 § 4. This act shall take effect immediately. 20 PART GG 21 Section 1. Section 1005 of the public authorities law is amended by 22 adding a new subdivision 26 to read as follows: 23 26. (a) Notwithstanding any inconsistent provision of this title, as 24 deemed feasible and advisable by the trustees, the authority is author- 25 ized to finance, plan, design, engineer, acquire, construct, operate or 26 manage (collectively, "develop") throughout its area of service such 27 renewable power and energy generating projects, and procure such renewa- 28 ble power, energy, or related attributes, which are necessary to meet 29 the demonstrable supply needs of any public entity or authority customer 30 within the state, provided, however, the authority shall not develop 31 more than nine renewable power and energy generating projects. Each 32 renewable power and energy generating project the authority develops or 33 causes to be developed pursuant to this subdivision shall be a major 34 electric generating facility as defined by section one hundred sixty of 35 the public service law and shall be subject to all provisions of article 36 ten of the public service law. No renewable power and energy generating 37 project authorized pursuant to this subdivision shall have a nameplate 38 generating capacity of more than three hundred thousand kilowatts. 39 The authority is further authorized to allocate and sell renewable 40 power, energy, or related attributes that are produced by renewable 41 power and energy generating projects it develops, or that it procures, 42 to any public entity or authority customer. The authority shall be enti- 43 tled to fully recover its costs, including its acquisition, finance, 44 planning, contracting, capital, operating and maintenance costs, from 45 the entities that purchase renewable power, energy and related attri- 46 butes from the authority. 47 (b) The source of any financing and/or loans provided by the authority 48 for the purposes of this subdivision may be the proceeds of notes issued 49 pursuant to section one thousand nine-a of this title, the proceeds of 50 bonds issued pursuant to section one thousand ten of this title, or any 51 other available authority funds. 52 (c) Any authorization for the construction, reconstruction, demoli- 53 tion, excavation, rehabilitation, repair, renovation, alteration, or 54 improvement of a renewable power and energy generating project pursuant 55 to this subdivision, including, but not limited to, each contract andA. 9508--B 86 1 subcontract entered into by the authority and any third party, shall be 2 deemed a public work to be performed in accordance with the provisions 3 of article eight of the labor law and shall be subject to all provisions 4 of such article, including prevailing wage requirements. 5 (d) For purposes of this subdivision, the following terms shall have 6 the meanings indicated in this paragraph unless the context indicates 7 another meaning or intent: 8 (1) "Authority customer" means an entity located in the state that 9 purchases or is under contract to purchase power or energy from the 10 authority. 11 (2) "Public entity" has the meaning ascribed to that term by subpara- 12 graph five of paragraph (b) of subdivision seventeen of this section. 13 (3) "Renewable energy resources" means solar power, wind power, hydro- 14 electric, and any other generation resource that has the meaning 15 ascribed to such term by the public service commission and consistent 16 with the most recent state energy plan pursuant to article six of the 17 energy law. 18 (4) "Renewable power and energy generating projects" means projects 19 that generate power and energy by means of renewable energy resources, 20 or that store and supply power and energy generated by means of renewa- 21 ble energy resources, and include the construction, installation and/or 22 operation of ancillary facilities or equipment done in connection with 23 any such projects, provided, however, that such term shall not include 24 the authority's Saint Lawrence and Niagara hydroelectric. 25 (5) "State" means the state of New York. 26 (e) The authority shall complete and submit a report, on or before 27 January thirty-first, two thousand nineteen, and annually thereafter on 28 those activities undertaken pursuant to this subdivision to the gover- 29 nor, the speaker of the assembly, the temporary president of the senate, 30 the chair of the assembly ways and means committee, the chair of the 31 senate finance committee, the chair of the assembly energy committee and 32 the chair of the senate energy and telecommunications committee. Such 33 report, at a minimum, shall include: (i) the total number of renewable 34 power and energy generating projects developed pursuant to the authori- 35 zation provided in this subdivision, (ii) the nameplate generating 36 capacity of each renewable power and energy generating project developed 37 pursuant to the authorization provided in this subdivision, (iii) the 38 total number of each type of renewable energy resource developed pursu- 39 ant to the authorization in this subdivision, (iv) identification of all 40 public entities for which each renewable power or energy generating 41 project was developed to meet the supply needs for, (v) identification 42 of all authority customers for which each renewable power or energy 43 generating project was developed to meet the supply needs for, and (vi) 44 the aggregate amount of increased renewable power and energy generation 45 developed pursuant to the authorization in this subdivision. 46 (f) Nothing in this subdivision is intended to limit, impair or affect 47 the authority's legal authority under any other provision of this title. 48 § 2. This act shall take effect immediately and shall expire and be 49 deemed repealed six years after such date, provided, however, that 50 projects developed prior to such repeal shall be permitted to continue 51 under this act notwithstanding such repeal. 52 PART HHA. 9508--B 87 1 Section 1. Paragraph (a) of subdivision 6 of section 1304 of the real 2 property actions and proceedings law, as amended by section 6 of part Q 3 of chapter 73 of the laws of 2016, is amended to read as follows: 4 (a) (1) "Home loan" means a loan, including an open-end credit plan, 5 [other than a reverse mortgage transaction,] in which: 6 (i) The borrower is a natural person; 7 (ii) The debt is incurred by the borrower primarily for personal, 8 family, or household purposes; 9 (iii) The loan is secured by a mortgage or deed of trust on real 10 estate improved by a one to four family dwelling, or a condominium unit, 11 in either case, used or occupied, or intended to be used or occupied 12 wholly or partly, as the home or residence of one or more persons and 13 which is or will be occupied by the borrower as the borrower's principal 14 dwelling; and 15 (iv) The property is located in this state. 16 (2) A home loan shall include a loan secured by a reverse mortgage 17 that meets the requirements of clauses (i) through (iv) of subparagraph 18 one of this paragraph. 19 § 2. Subdivision (a) of rule 3408 of the civil practice law and rules, 20 as amended by section 3 of part Q of chapter 73 of the laws of 2016, is 21 amended to read as follows: 22 (a) [In] 1. Except as provided in paragraph two of this subdivision, 23 in any residential foreclosure action involving a high-cost home loan 24 consummated between January first, two thousand three and September 25 first, two thousand eight, or a subprime or nontraditional home loan, as 26 those terms are defined under section thirteen hundred four of the real 27 property actions and proceedings law, in which the defendant is a resi- 28 dent of the property subject to foreclosure, the court shall hold a 29 mandatory conference within sixty days after the date when proof of 30 service is filed with the county clerk, or on such adjourned date as has 31 been agreed to by the parties, for the purpose of holding settlement 32 discussions pertaining to the relative rights and obligations of the 33 parties under the mortgage loan documents, including, but not limited 34 to: [1.] (i) determining whether the parties can reach a mutually agree- 35 able resolution to help the defendant avoid losing his or her home, and 36 evaluating the potential for a resolution in which payment schedules or 37 amounts may be modified or other workout options may be agreed to 38 including, but not limited to, a loan modification, short sale, deed in 39 lieu of foreclosure, or any other loss mitigation option; or [2.] (ii) 40 whatever other purposes the court deems appropriate. 41 2. (i) Paragraph one of this subdivision shall not apply to a home 42 loan secured by a reverse mortgage where the default was triggered by 43 the death of the last surviving borrower unless: 44 (A) the last surviving borrower's spouse, if any, is a resident of the 45 property subject to foreclosure; or 46 (B) the last surviving borrower's successor in interest, who, by 47 bequest or through intestacy, owns, or has a claim to the ownership of 48 the property subject to foreclosure, and who was a resident of such 49 property at the time of the death of such last surviving borrower. 50 (ii) The superintendent of financial services may promulgate such 51 rules and regulations as he or she shall deem necessary to implement the 52 provisions of this paragraph. 53 § 3. Section 1304 of the real property actions and proceedings law is 54 amended by adding a new subdivision 1-a to read as follows: 55 1-a. Notwithstanding any other provision of law, with regard to a 56 reverse mortgage home loan, at least ninety days before a lender, anA. 9508--B 88 1 assignee or a mortgage loan servicer commences legal action against the 2 borrower or borrowers at the property address and any other addresses of 3 record, including reverse mortgage foreclosure, such lender, assignee or 4 mortgage loan servicer shall give notice to the borrower in at least 5 fourteen-point type except for the heading which shall be in at least 6 sixteen-point type which shall include the following: 7 YOU COULD LOSE YOUR HOME TO FORECLOSURE. 8 PLEASE READ THE FOLLOWING NOTICE CAREFULLY. 9 Date 10 Borrower's address 11 Loan Number: 12 Property Address: 13 Dear Borrower(s): 14 As of ___________, we as your lender or servicer claim that your reverse 15 mortgage loan is ___ days in default. Under New York State Law, we are 16 required to send you this notice to inform you that you may be at risk 17 of losing your home. 18 We, the lender or servicer of your loan, are claiming that your reverse 19 mortgage loan is in default because you have not complied with the 20 following conditions of your loan: 21 _____ You are not occupying your home as your principal residence 22 _____ You did not submit the required annual certificate of occupancy 23 _____ The named borrower on the reverse mortgage has died 24 _____ You did not pay property taxes 25 {Servicer name} paid your property taxes for the following 26 time periods:___________________________ 27 ______________________ {quarter/year} 28 _____ You did not maintain homeowner's insurance 29 {Servicer name} purchased homeowner's insurance for you on the 30 following date(s) and for the following cost(s): 31 ____________________________________ 32 _____ You did not pay water/sewer charges 33 {Servicer name} paid water/sewer charges for you on the 34 following date(s) and for the following cost(s): 35 ________________________ 36 _____ You did not make required repairs to your home 37 If the claim is based on your failure to pay property or water and sewer 38 charges or maintain homeowner's insurance, you can cure this default by 39 making the payment of $____________ for the advancements we made towards 40 these payments on your behalf. 41 You have the right to dispute the claims listed above by contacting us, 42 by calling ___________ or sending a letter to __________________. This 43 may include proof of payments made for property taxes or water and sewer 44 charges or a current declaration page from your insurance company, or 45 any other proof to dispute the servicer's claim. 46 If you are in default for failure to pay property charges (property 47 taxes, homeowner's insurance and/or water/sewer charges) you may qualify 48 for a grant, loan, or re-payment plan to cure the default balance owed.A. 9508--B 89 1 If you are in default due to the death of your spouse, you may be 2 considered an eligible "Non-Borrowing Spouse" under a HUD program which 3 allows you to remain in your home for the rest of your life. 4 If you are over the age of 80 and have a long term illness, you may also 5 qualify for the "At-Risk Extension," which allows you to remain in your 6 home for one additional year and requires an annual re-certification. 7 If you are in default because the named borrower on the reverse mortgage 8 has died and you are the lawful heir to the property, you may be able to 9 keep the property by paying either the full loan balance or 95 percent 10 of the home's appraised value, whichever is less. 11 Attached to this notice is a list of government-approved housing coun- 12 seling agencies and legal services in your area which provide free coun- 13 seling. You can also call the NYS Office of the Attorney General's Home- 14 owner Protection Program (HOPP) toll-free consumer hotline to be 15 connected to free housing counseling services in your area at 16 1-855-HOME-456 (1-855-466-3456), or visit their website at 17 http://www.aghomehelp.com. A statewide listing by county is also avail- 18 able at http://www.dfs.ny.gov/consumer/mortg nys np counseling agen- 19 cies.htm. You may also call your local Department of Aging for a refer- 20 ral or call 311 if you live in New York City. 21 Qualified free help is available; watch out for companies or people who 22 charge a fee for these services. 23 You may also contact us directly at __________ and ask to discuss all 24 possible options to allow you to cure your default and prevent the fore- 25 closure of your home. While we cannot ensure that a resolution is 26 possible, we encourage you to take immediate steps to try to achieve a 27 resolution. The longer you wait, the fewer options you may have. 28 If you have not taken any actions to resolve this matter within 90 days 29 from the date this notice was mailed, we may commence legal action 30 against you (or sooner if you cease to live in the dwelling as your 31 primary residence). 32 If you need further information, please call the New York State Depart- 33 ment of Financial Services' toll-free helpline at 877-226-5697 or visit 34 the Department's website at http://www.dfs.ny.gov. 35 IMPORTANT: You have the right to remain in your home until you receive a 36 court order telling you to leave the property. If a foreclosure action 37 is filed against you in court, you still have the right to remain in the 38 home until a court orders you to leave. You legally remain the owner of 39 and are responsible for the property until the property is sold by you 40 or by order of the court at the conclusion of any foreclosure 41 proceedings. This notice is not an eviction notice, and a foreclosure 42 action has not yet been commenced against you. 43 § 4. This act shall take effect immediately and shall be deemed to 44 have been in full force and effect on and after April 20, 2017; 45 provided, however that section three of this act shall take effect on 46 the thirtieth day after it shall have become a law; provided, further, 47 however that:A. 9508--B 90 1 (a) the amendments to subdivision 6 of section 1304 of the real prop- 2 erty actions and proceedings law, made by section one of this act, shall 3 not affect the expiration and reversion of such subdivision pursuant to 4 subdivision a of section 25 of chapter 507 of the laws of 2009, as 5 amended, and shall be deemed repealed therewith; and 6 (b) the amendments to subdivision (a) of rule 3408 of the civil prac- 7 tice law and rules, made by section two of this act, shall take effect 8 on the same date and in the same manner as section 3 of part Q of chap- 9 ter 73 of the laws of 2016 takes effect. 10 PART II 11 Section 1. This Part enacts into law major components of legislation 12 relating to transportation. Each component is wholly contained within a 13 Subpart identified as Subparts A through E. The effective date for each 14 particular provision contained within such Subpart is set forth in the 15 last section of such Subpart. Any provision in any section contained 16 within a Subpart, including the effective date of the Subpart, which 17 makes a reference to a section "of this act", when used in connection 18 with that particular component, shall be deemed to mean and refer to the 19 corresponding section of the Subpart in which it is found. 20 SUBPART A 21 Section 1. 1. There is hereby established the metropolitan transporta- 22 tion sustainability workgroup (the "workgroup") which shall consist of 23 fifteen members, four of whom shall be appointed by the governor, three 24 of whom shall be appointed by the speaker of the assembly, three of whom 25 shall be appointed by the temporary president of the senate, one of whom 26 shall be appointed by the minority leader of the senate, one of whom 27 shall be appointed by the minority leader of the assembly, and three of 28 whom shall be appointed by the mayor of the city of New York. The chair 29 of the workgroup shall be nominated by the governor. 30 2. The workgroup shall undertake a review of the actions and measures 31 that are necessary to provide safe, adequate, efficient, and reliable 32 transportation within the city of New York and the Metropolitan Commuter 33 Transportation District and shall review and make recommendations 34 regarding (a) the adequacy of public transportation provided by the MTA, 35 Metro-North Commuter Railroad and the Long Island Rail Road, including 36 but not limited to the reliability, sustainability, travel times, and 37 transparency on project selection and performance metrics of such public 38 transportation, (b) sustainable funding for public transportation needs, 39 (c) motor vehicular traffic within the city of New York, (d) tolling of 40 intra-borough bridges within the city of New York, (e) taxicab and 41 livery vehicle trips including those originating and/or terminating 42 within, or transiting, particular geographic areas, (f) transportation 43 strategies to advance the furtherance of environmental goals, and (g) 44 the feasibility of a reduced fare program for transportation on New York 45 city transit authority systems, the Long Island Rail Road and the 46 Metro-North Commuter Railroad for students attending a university, 47 college, community college, or post-secondary vocational institution, 48 which is located within the city of New York. 49 3. The workgroup shall, on or before December 31, 2018, by a majority 50 vote approve and issue a final report and recommendations to the gover- 51 nor, the temporary president of the senate, the speaker of the assembly, 52 the minority leader of the senate, the minority leader of the assembly,A. 9508--B 91 1 the chair of the senate finance committee, the chair of the assembly 2 ways and means committee, the chair of the senate transportation commit- 3 tee, the chair of the assembly transportation committee, the chair of 4 the senate corporations, authorities and commissions committee, the 5 chair of the assembly corporations, authorities and commissions commit- 6 tee, and the mayor of the city of New York. 7 4. The personnel of the state department of transportation and any 8 other state agency or authority deemed necessary shall provide from 9 existing staff services to the workgroup so that the workgroup may 10 perform its duties and responsibilities. The state departments of trans- 11 portation and motor vehicles, the MTA, and the department of transporta- 12 tion and taxi and limousine commission of the city of New York and any 13 other state or local agency or authority deemed necessary, shall cooper- 14 ate with and assist the workgroup in compiling the information necessary 15 to the workgroup's inquiry. Any review performed pursuant to this 16 section may be completed in consultation with the Port Authority of New 17 York and New Jersey and any other entities deemed appropriate by the 18 workgroup. 19 5. For the purposes of this act, the following terms shall have the 20 following meanings: 21 (a) "livery" shall mean every motor vehicle, other than a taxicab or a 22 bus, used in the business of transporting passengers for compensation, 23 including luxury limousines, black cars, and for-hire vehicles as 24 defined by section 19-502 of the administrative code of the city of New 25 York. However, it shall not include vehicles which are rented or leased 26 without a driver; 27 (b) "Metropolitan Commuter Transportation District" shall mean the 28 commuter transportation district as established by section twelve 29 hundred sixty-two of the public authorities law; 30 (c) "Metropolitan transportation authority" or "MTA" shall mean the 31 corporation created by section twelve hundred sixty-three of the public 32 authorities law; and 33 (d) "taxicab" shall have the same meaning as such term is defined by 34 section one hundred forty-eight-a of the vehicle and traffic law and 35 section 19-502 of the administrative code of the city of New York. 36 § 2. This act shall take effect immediately and shall expire and be 37 deemed repealed March 1, 2019. 38 SUBPART B 39 Section 1. The public authorities law is amended by adding a new 40 section 1276-f to read as follows: 41 § 1276-f. Independent audit of capital elements. 1. On or before April 42 first, two thousand nineteen and every fifth year thereafter, the 43 authority shall submit an independent audit of capital elements to the 44 metropolitan transportation authority capital program review board 45 established by section twelve hundred sixty-nine-a of this title, the 46 governor, the temporary president of the senate, the speaker of the 47 assembly, the minority leader of the senate, the minority leader of the 48 assembly, the chair of the senate finance committee, the chair of the 49 assembly ways and means committee, the chair of the senate corporations, 50 authorities and commissions committee, the chair of the assembly corpo- 51 rations, authorities and commissions committee, the mayor of the city of 52 New York, and the comptroller. The independent audit of capital elements 53 shall have been performed by a certified public accounting firm in 54 accordance with generally accepted auditing standards as defined inA. 9508--B 92 1 subdivision eleven of section two of the state finance law. Such audit 2 shall include: 3 (a) a complete and thorough examination of the authority's capital 4 elements, including but not limited to: (1) rolling stock and buses, (2) 5 passenger stations, (3) track, (4) line equipment, (5) line structures, 6 (6) signals and communications, (7) power equipment, emergency power 7 equipment and substations, (8) shops, yards, maintenance facilities, 8 depots and terminals, (9) service vehicles, (10) security systems, (11) 9 electrification extensions, and (12) unspecified, miscellaneous and 10 emergency; 11 (b) a detailed accounting, on an annual basis and for a period of 12 twenty years from the effective date of this paragraph of each of the 13 capital elements listed in paragraph (a) of this subdivision that will 14 require normal replacement in order to maintain a state of good repair, 15 with a detailed fiscal estimate of the amount of capital funding for 16 each; 17 (c) recommendations regarding capital improvements needed to maintain 18 and to improve the reliability of the system; 19 (d) the current status of capital projects included in previous capi- 20 tal programs; and 21 (e) an itemization of procurement and construction contracts that have 22 been entered into for capital program projects. 23 2. The authority shall cooperate with and assist the certified public 24 accounting firm in compiling the information necessary for the independ- 25 ent audit of capital elements. 26 3. The certified independent public accounting firm providing such 27 independent audit of capital elements shall be prohibited in providing 28 audit services to the authority if the audit partner having primary 29 responsibility for the audit or the audit partner responsible for 30 reviewing the audit has performed audit services for the authority in 31 each of the five previous fiscal years of the authority. 32 4. The certified independent public accounting firm performing such 33 independent audit of capital elements shall be prohibited from perform- 34 ing any non-audit services to the authority contemporaneously with the 35 audit, unless receiving previous written approval by the authority's 36 audit committee including: (a) bookkeeping or other services related to 37 the accounting records or financial statements of such authority; (b) 38 financial information systems design and implementation; (c) appraisal 39 or valuation services, fairness opinions, or contribution-in-kind 40 reports; (d) actuarial services; (e) internal audit outsourcing 41 services; (f) management functions or human services; (g) broker or 42 dealer, investment advisor, or investment banking services; and (h) 43 legal services and expert services unrelated to the audit. 44 5. It shall be prohibited for any certified independent public 45 accounting firm to perform such independent audit of capital elements if 46 the chief executive officer, comptroller, chief financial officer, chief 47 accounting officer of the authority, or any other person serving in an 48 equivalent position for the authority, was employed by that certified 49 independent public accounting firm and participated in any capacity in 50 the audit of such authority during the one year period preceding the 51 date of the initiation of the audit. 52 § 2. This act shall take effect immediately. 53 SUBPART CA. 9508--B 93 1 Section 1. The public authorities law is amended by adding a new 2 section 1279-d to read as follows: 3 § 1279-d. Supplemental revenue transparency program. 1. On or before 4 June thirtieth, two thousand eighteen, the authority shall develop a 5 supplemental revenue transparency program. Such program shall provide a 6 detailed accounting of the amount spent from supplement revenues on 7 actions, measures or projects undertaken to reduce major incidents that 8 have been found to cause delays to the New York city subway system, 9 including but not limited to: track incidents; signal failure; persons 10 on the track, police and medical activity; structural and electrical 11 problems; and broken traincar equipment. The information described in 12 this subdivision, including the spending details and the associated 13 category of major incident, shall be updated monthly and be prominently 14 posted together on the authority's website. 15 2. Such program shall also, where practicable, provide a detailed 16 accounting of the amount spent from supplemental revenues on: improving 17 service capacity during peak hours; improving the on-time performance of 18 the system; reducing the number of train car-related incidents that lead 19 to delays; and increasing elevator and escalator availability. The 20 information described in this section, including the spending details 21 and the associated performance metrics shall be updated monthly and be 22 prominently posted together on the authority's website. 23 3. Definitions. For purposes of this section, "supplemental revenues" 24 shall include those revenues dedicated to the authority pursuant to (i) 25 a chapter of the laws of two thousand eighteen providing additional 26 revenue sources to the authority and (ii) any funds appropriated by the 27 state or the city of New York to support the NYC subway action plan 28 approved by the board of the authority. 29 § 2. This act shall take effect immediately. 30 SUBPART D 31 Section 1. Section 182 of the executive law, as amended by section 1 32 of part J of chapter 56 of the laws of 2011, is amended to read as 33 follows: 34 § 182. Diversion of funds dedicated to [the metropolitan transporta-35tion authority or the New York city transit authority and any of their36subsidiaries] public transportation systems to the general fund of the 37 state or to any other purpose, is prohibited. 1. For the purposes of 38 this section, the term "public transportation system" shall mean any 39 public benefit corporation constituting a transportation authority which 40 provides or contracts for the provision of, under joint support arrange- 41 ments, mass transportation services, or a subsidiary thereof, or any 42 county or city which provides or contracts for the provision of, pursu- 43 ant to section one hundred nineteen-r of the general municipal law, mass 44 transportation services. 45 2. The director of the budget shall be prohibited from diverting 46 revenues derived from taxes and fees paid by the public into any fund 47 created by law including, but not limited to sections eighty-eight-a 48 [and], eighty-nine-c and ninety-two-ff of the state finance law and 49 chapter twenty-five of the laws of two thousand nine for the purpose of 50 funding [the metropolitan transportation authority or the New York city51transit authority and any of their subsidiaries] public transportation 52 systems into the general fund of the state or into any other fund main- 53 tained for the support of another governmental purpose. No diversion of 54 funds can occur contrary to this section by an administrative act of theA. 9508--B 94 1 director of the budget or any other person in the executive branch 2 [unless the governor declares a fiscal emergency, and communicates such3emergency to the temporary president of the senate and speaker of the4assembly, and a statute is enacted into law authorizing a diversion that5would otherwise be prohibited by this section]. 6 3. If any diversion of funds occurs by passage of legislation during a 7 regular or extraordinary session of the legislature, the director of the 8 budget shall create and include with the budget or legislation diverting 9 funds, a diversion impact statement which shall include the following 10 information: 11 (a) The amount of the diversion from dedicated mass transit funds; 12 (b) The amount diverted from each fund; 13 (c) The amount diverted expressed as current monthly transit fares; 14 (d) The cumulative amount of diversion from dedicated mass transit 15 funds during the preceding five years; 16 (e) The date or dates when the diversion is to occur; and 17 (f) A detailed estimate of the impact of diversion from dedicated mass 18 transit funds will have on the level of public transportation system 19 service, maintenance, security, and the current capital program. 20 § 2. This act shall take effect immediately. 21 SUBPART E 22 Section 1. The public authorities law is amended by adding a new 23 section 2985-a to read as follows: 24 § 2985-a. Cashless tolling. 1. For purposes of this section the 25 following terms shall have the following meanings: 26 (a) "cashless tolling facility" shall mean a toll highway bridge or 27 tunnel facility that does not provide for the immediate on-site payment 28 in cash of a toll owed for the use of such facility; 29 (b) "owner" shall mean any person, corporation, partnership, firm, 30 agency, association, lessor or organization who, at the time of incur- 31 ring an obligation to pay a toll at a cashless tolling facility, and 32 with respect to the vehicle identified in the notice of toll due: (i) 33 is the beneficial or equitable owner of such vehicle; or (ii) has title 34 to such vehicle; or (iii) is the registrant or co-registrant of such 35 vehicle which is registered with the department of motor vehicles of 36 this state or any other state, territory, district, province, nation or 37 other jurisdiction; or (iv) is subject to the limitations set forth in 38 subdivision ten of section twenty-nine hundred eighty-five of this 39 title, uses such vehicle in its vehicle renting and/or leasing business; 40 or (v) is a person entitled to the use and possession of a vehicle 41 subject to a security interest in another person; and 42 (c) "notice of toll due" shall mean a notice sent to an owner notify- 43 ing such owner that the owner's vehicle has been used or operated in or 44 upon a cashless tolling facility and has incurred an obligation to pay a 45 toll. 46 2. (a) In the case of an owner who incurs an obligation to pay a toll 47 at a cashless tolling facility a notice of toll due shall be sent by 48 first class mail by the public authority which operates such cashless 49 tolling facility to the owner within thirty days of incurring the obli- 50 gation to pay the toll at such cashless tolling facility. The owner 51 shall have thirty days from the date the notice was sent to pay the 52 assessed toll, without liability for any other charges, fees, or mone- 53 tary penalties. The notice of toll due shall include: (i) the total 54 amount of the assessed toll due, (ii) the date by which payment of theA. 9508--B 95 1 assessed toll is due, and (iii) any other information required by law or 2 by the authority. If an authority fails to send a timely notice of toll 3 due, as set forth in this section, the owner shall not be liable for 4 payment of the alleged tolls, monetary penalties, fees or other charges. 5 (b) If an owner fails to respond timely to such notice of toll due 6 within thirty days of the date the notice was sent, a second notice of 7 toll due shall be sent. Such second notice of toll due may include a fee 8 for late payment, but in no case shall such fee exceed five dollars. The 9 owner shall have thirty days from the date the second notice was sent to 10 pay the assessed toll and any fee. 11 (c) If an owner fails to respond timely to the second notice of toll 12 due the authority which operates the cashless tolling facility shall be 13 authorized to send a notice of liability. The notice of liability shall 14 contain the information described in subdivision seven of section twen- 15 ty-nine hundred eighty-five of this title. The owner shall have ninety 16 days from the date such notice of liability was sent to (i) pay the 17 assessed toll or (ii) contest the notice. 18 (d) If an owner fails to respond to the notice of liability or is 19 found liable for the assessed toll, the owner shall pay (i) the assessed 20 toll; (ii) any fees set by the authority, provided, however, that the 21 total amount of fees shall not exceed an amount equal to the amount of 22 the toll; and (iii) a monetary penalty which shall equal to twenty-five 23 dollars or double the amount of the toll due, whichever is greater. 24 3. Every public authority which operates a cashless tolling facility 25 shall promulgate rules and regulations that establish an installment 26 payment plan for the payment of any toll incurred at a cashless tolling 27 facility. Information related to such plan shall be included in the 28 notice of toll due and the notice of liability and shall be displayed 29 conspicuously on the authorities' website. Each owner, at his or her 30 election, may participate in such plan. The authority shall not charge 31 any additional fees or penalties for enrollment into a payment plan. 32 4. Every public authority which operates a cashless tolling facility 33 shall establish a procedure with which a person alleged to be liable may 34 contest such alleged liability or toll due including a hearing and the 35 right to appeal. The notice of toll due and notice of liability shall 36 contain information advising the person charged of the manner and the 37 time in which he or she may contest the assessed toll and any liability 38 alleged in the notice. 39 5. (a) On or after the effective date of this section, no public 40 authority which operates a cashless tolling facility shall sell or 41 transfer any debt owed to the public authority by an owner for a 42 violation of toll collection regulations to a debt collection agency 43 unless one year has passed from the date the owner was found liable for 44 the violation of toll collection regulations associated with such debt, 45 or the owner has a total debt owed to the public authority of one thou- 46 sand dollars or more. The authority shall obtain a default judgment in a 47 court or administrative tribunal with jurisdiction over the assessed 48 toll before selling or transferring any debt to a debt collection agen- 49 cy. 50 (b) A notice shall be sent by first class mail advising the owner that 51 the above debt shall be sold or transferred by the authority to a debt 52 collection agency on a specified date no less than thirty days prior to 53 such sale or transfer. 54 (c) For purposes of this subdivision "debt collection agency" shall 55 mean a person, firm or corporation engaged in business, the principal 56 purpose of which is to regularly collect or attempt to collect debtsA. 9508--B 96 1 owed or due or asserted to be owed or due to another and shall also 2 include a buyer of delinquent debt who seeks to collect such debt either 3 directly or through the services of another by, including but not limit- 4 ed to, initiating or using legal processes or other means to collect or 5 attempt to collect such debt. 6 6. Notwithstanding the provisions of any other law, order, rule or 7 regulation to the contrary, no registration of a motor vehicle shall be 8 suspended resulting from an obligation to pay a toll at a cashless toll- 9 ing facility as described in this section and the commissioner of motor 10 vehicles shall not suspend the registration of a motor vehicle resulting 11 from an obligation to pay a toll at a cashless tolling facility as 12 described in this section. 13 7. Every public authority which operates a cashless tolling facility 14 shall undertake a public awareness campaign regarding the use of and 15 process involved with the payment of tolls at cashless tolling facili- 16 ties. Each public authority shall provide for sufficient methods to 17 obtain an electronic device for the charging of tolls through an elec- 18 tronic toll collection system as defined in subdivision twelve of 19 section twenty-nine hundred eighty-five of this title, including making 20 such devices available at any rest area owned or operated by each 21 authority. Any public authority that operates a cashless tolling facili- 22 ty shall maintain a website and toll-free phone number for any person to 23 receive updated information on any tolls or fees which are outstanding. 24 Such website and phone number shall be included on any notice of toll 25 due or notice of liability sent by the authority. 26 § 2. a. Within 90 days of the effective date of this act, the Tribor- 27 ough bridge and tunnel authority, the public authority created pursuant 28 to chapter 870 of the laws of 1939, herein after the authority, shall 29 implement an amnesty program for any person who owes tolls, fines, fees, 30 or penalties for a toll incurred at any cashless tolling facility oper- 31 ated by the authority. Such amnesty program shall be at least five weeks 32 in duration, and shall be available for any toll obligation incurred on 33 or after November 1, 2016. The amnesty program shall also be made avail- 34 able for any toll obligation incurred at a cashless tolling facility 35 operated by the authority that has been referred to a debt collections 36 agency or has resulted in the suspension of a vehicle registration. The 37 amnesty program shall provide for the waiver of all fees, fines, and 38 penalties associated with an outstanding toll balance if such outstand- 39 ing toll balance is paid in full by the end of the amnesty program. Upon 40 payment of an outstanding toll balance in full, the authority shall 41 advise the commissioner of motor vehicles, in such form and manner that 42 such commissioner shall have prescribed, that such person has responded 43 and has paid in full the outstanding balance owed through the amnesty 44 program. 45 b. The authority shall undertake a public awareness campaign for such 46 amnesty program, and shall maintain a public website for any person to 47 receive information on any outstanding tolls such person is liable for. 48 The authority shall provide for sufficient methods to pay the outstand- 49 ing toll balances, including but not limited to, by phone, by mail, or 50 through the internet. The authority shall, no later than thirty days 51 preceding the commencement of the amnesty program, send by first class 52 mail notice to all persons with outstanding toll balances of their 53 eligibility for the amnesty program. 54 § 3. This act shall take effect on the one hundred twentieth day after 55 it shall have become a law. Effective immediately, any authority orA. 9508--B 97 1 agency shall take any actions necessary to adopt, amend or repeal regu- 2 lations in order to implement the provisions of this act by such date. 3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 4 sion, section or subpart of this Part shall be adjudged by any court of 5 competent jurisdiction to be invalid, such judgement shall not affect, 6 impair, or invalidate the remainder thereof, but shall be confined in 7 its operation to the clause, sentence, paragraph, subdivision, section 8 or subpart thereof directly involved in the controversy in which such 9 judgement shall have been rendered. It is hereby declared to be the 10 intent of the legislature that this Part would have been enacted even if 11 such invalid provisions had not been included herein. 12 § 3. This act shall take effect immediately provided, however, that 13 the applicable effective date of Subparts A through E of this act shall 14 be as specifically set forth in the last section of such Subparts. 15 PART JJ 16 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 17 the New York state urban development corporation act, is amended by 18 adding a new section 32-a to read as follows: 19 § 32-a. Special provisions relating to economic development entities. 20 (1) For the purposes of this section, an "economic development entity" 21 shall mean any entity created by the executive branch, including the 22 executive chamber of the governor and lieutenant governor, and any state 23 agency whose function includes providing advice, recommendations or 24 determinations to or on behalf of the executive branch or any state 25 agency, as defined in paragraph (b) of subdivision one of section seven- 26 ty-three-a of the public officers law, on the allocation or disbursement 27 of state or federal monies or tax credits and/or benefits. 28 (2) (a) The provisions of article seven of the public officers law 29 applicable to public bodies shall apply to an economic development enti- 30 ty. 31 (b) The provisions of article six of the public officers law applica- 32 ble to agencies shall apply to an economic development entity. In addi- 33 tion to the requirements of subdivision three of section eighty-seven of 34 the public officers law, an economic development entity shall maintain 35 and make available for public inspection and copying any and all 36 proposals submitted to it through a centralized application process, 37 including the consolidated funding applications process, except that an 38 economic development entity may redact or withhold portions of a 39 proposal if such portion would be exempt from disclosure pursuant to 40 article six of the public officers law. 41 (c) For the purpose of section seventy-three-a of the public officers 42 law, any member of an economic development entity shall be deemed a 43 state officer or employee and shall be deemed a policy maker and shall 44 file an annual statement of financial disclosure set forth in subdivi- 45 sion three of section seventy-three-a of the public officers law. 46 (d) The provisions of section seventy-four of the public officers law 47 applicable to an officer or employee of a state agency shall apply to 48 any member of an economic development entity. 49 § 2. This act shall take effect immediately; provided, however, that 50 those incumbents who have not filed a disclosure form for the calendar 51 year 2017 shall have thirty days from the effective date of this act to 52 file such form with the joint commission on public ethics. 53 PART KKA. 9508--B 98 1 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 2 the New York state urban development corporation act, is amended by 3 adding a new section 52 to read as follows: 4 § 52. Reporting. (1) Definitions. For the purposes of this section, 5 the following terms shall have the following meanings: 6 (a) "Economic development benefits" shall mean and include the follow- 7 ing: 8 (i) available state resources and/or funds including, but not limited 9 to, state grants, loans, loan guarantees, loan interest subsidies, 10 and/or subsidies; and/or 11 (ii) tax credits, tax exemptions or reduced tax rates and/or benefits 12 which are applied for and preapproved or certified by a state agency; 13 and 14 (a-1) "Empire state economic development benefits" shall mean those 15 economic development benefits made available to the urban development 16 corporation and/or the department of economic development to award such 17 benefits to qualified recipients, or those economic development benefits 18 which are allocated to the corporation and/or such department but are 19 subsequently allocated to another state agency or other independent 20 entities for them to make such awards to qualified recipients; 21 (a-2) "Aggregate economic development benefits" shall mean those bene- 22 fits provided for in paragraphs (a) and (a-1) of this subdivision and 23 displayed separately in the database created pursuant to subdivision two 24 of this section; 25 (b) "Qualified participant" shall mean an individual, business, limit- 26 ed liability corporation or any other entity that has applied for and 27 received approval for and/or is the beneficiary of, any aggregate 28 economic development benefits of ten thousand dollars or more per 29 project; 30 (c) "New York state agency" shall mean any state department, board, 31 bureau, division, commission, committee, public authority, public corpo- 32 ration, council, office or other state governmental entity performing a 33 governmental or proprietary function for the state, as well as entities 34 created by any of the preceding or that are governed by a board of 35 directors or similar body a majority of which is designated by one or 36 more state officials; 37 (d) "Full-time job" shall mean a job in which an individual is 38 employed by a qualified participant for at least thirty-five hours a 39 week; 40 (e) "Full-time equivalent" shall mean a unit of measure which is equal 41 to one filled, full-time, annual-salaried position; 42 (f) "Part-time job" shall mean a job in which an individual is 43 employed by a qualified participant for less than thirty-five hours a 44 week; and 45 (g) "Contract job" shall mean a job in which an individual is hired 46 for a season or for a limited period of time. 47 (2) Searchable state subsidy and aggregate economic development bene- 48 fits database. Notwithstanding any laws to the contrary, the corpo- 49 ration, in cooperation with the department of economic development, 50 shall create a searchable database, or modify an existing one, display- 51 ing Empire state economic development benefits that a qualified partic- 52 ipant has been awarded. Such database shall also display other Empire 53 state economic development benefits such qualified participant has 54 received from another state agency provided that it is for the same 55 particular project which received the Empire state economic developmentA. 9508--B 99 1 benefits. Such searchable database shall include, at a minimum, the 2 following features and functionality: 3 (a) the ability to search the database by each of the reported infor- 4 mation to the corporation and for the public viewer to show a qualified 5 participant which is a recipient of an aggregate economic development 6 benefit and view a list of all types and amounts of benefits received by 7 a qualified participant; 8 (b) for the prior state fiscal year, the following information: 9 (i) a qualified participant's name and project, project location, 10 project's complete address, including the postal or zip code in a sepa- 11 rate searchable field, and the economic region of the state; 12 (ii) the time span over which a qualified participant is to receive or 13 has received aggregate economic development benefits; 14 (iii) the type of such aggregate economic development benefits 15 provided to a qualified participant, including the name of the program 16 or programs through which aggregate economic development benefits are 17 provided; 18 (iv) the total number of employees at all sites utilizing such aggre- 19 gate economic development benefits at the time of the agreement includ- 20 ing the number of permanent full-time jobs, the number of permanent 21 part-time jobs, the number of full-time equivalents, and the number of 22 contract employees; 23 (v) for any aggregate economic development benefit that provides for 24 job retention and creation that a qualified participant receiving aggre- 25 gate economic development benefits is contractually obligated to retain 26 and create over the life of the project utilizing such aggregate econom- 27 ic development benefits, except that such information shall be reported 28 on an annual basis for agreements containing annual job retention or 29 creation requirements, and for each reporting year, the base employment 30 level the entity receiving aggregate economic development benefits 31 agrees to retain over the life of the project utilizing such aggregate 32 economic development benefits, any job creation scheduled to take place 33 as a result of the project utilizing such aggregate economic development 34 benefits and where applicable, any job creation targets for the current 35 reporting year; 36 (vi) the amount of aggregate economic development benefits received by 37 a qualified participant during the year covered by the report, the 38 amount of aggregate economic development benefits received by a quali- 39 fied participant since the beginning of the project period, and the 40 present value of the further aggregate economic development benefits 41 committed to by the state, but not yet received by a qualified partic- 42 ipant for the duration of the project; 43 (vii) for the current reporting year, the total actual number of 44 employees at all sites covered by the project utilizing such aggregate 45 economic development benefits, including the number of permanent full- 46 time jobs, the number of permanent part-time jobs, the number of 47 contract jobs, the number of jobs filled by minorities or women. 48 (viii) a statement of compliance indicating whether, during the 49 current reporting year, the corporation and/or any other state agency 50 has reduced, cancelled or recaptured aggregate economic development 51 benefits from a qualified participant, and, if so, the total amount of 52 the reduction, cancellation or recapture, and any penalty assessed and 53 the reasons therefor. 54 (c) the ability to digitally select defined individual fields corre- 55 sponding to any of the reported information from qualified participants 56 to create unique database views;A. 9508--B 100 1 (d) the ability to download the database in its entirety, or in part, 2 in a common machine readable format; 3 (e) the ability to view and download contracts or award agreements for 4 each aggregate economic development benefit received by the qualified 5 participant to the extent such contracts or award agreements are avail- 6 able to the public pursuant to article six of the public officers law; 7 (f) a definition or description of terms for fields in the database; 8 and 9 (g) a summary of each aggregate economic development benefit available 10 to qualified participants. 11 (3) Certification regarding reporting. The corporation shall certify 12 to the New York state authorities budget office, the corporation's board 13 of directors and post to its website that it has fulfilled all of its 14 reporting requirements as required by law, rules, regulations, or execu- 15 tive orders. The corporation shall provide a list of all reports, the 16 due dates of such reports, and certify to the New York state authorities 17 budget office and the corporation's board of directors, that each report 18 has been submitted to the individual, office, or entity as prescribed by 19 applicable laws, rules, and regulations. 20 (4) Database reporting. The corporation may request any data from 21 qualified participants, which is necessary and required in developing, 22 updating and maintaining the searchable database. Such qualified 23 participants shall provide any such information requested by the corpo- 24 ration. Beginning on June first, two thousand nineteen, the corporation 25 shall make all reported data on such database available to the public on 26 its website. Such database shall be updated on a quarterly basis with 27 qualified participants added to any programs and any new data provided 28 by existing qualified participants required reporting. 29 (5) Reporting. The corporation's senior staff shall report on a quar- 30 terly basis, to the corporation's board of directors with a status 31 update on the development and maintenance of the searchable database. 32 § 2. Section 100 of the economic development law is amended by adding 33 a new subdivision 18-j to read as follows: 34 18-j. to assist the urban development corporation to establish a 35 searchable database pursuant to section fifty-two of the urban develop- 36 ment corporation act. 37 § 3. This act shall take effect on the ninetieth day after it shall 38 have become a law; provided, however, that effective immediately, the 39 addition, amendment and/or repeal of any rule or regulation necessary 40 for the implementation of this act on its effective date are authorized 41 to be made and completed on or before such effective date. 42 PART LL 43 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 44 the New York state urban development corporation act, is amended by 45 adding a new section 52 to read as follows: 46 § 52. Small business innovation research (SBIR)/small business tech- 47 nology transfer (STTR) technical assistance program. 1. The small busi- 48 ness innovation research/small business technology transfer technical 49 assistance program, hereafter referred to as "the program", is hereby 50 created in the corporation for the purposes of providing funds to eligi- 51 ble entities to provide technical assistance to small businesses of one 52 hundred employees or less and located in New York state in competing 53 successfully for grants made available through phase I of the federal 54 small business innovation research program as enacted pursuant to theA. 9508--B 101 1 small business innovation development act of 1982, and the small busi- 2 ness technology transfer act of 1982, so as to increase the number of 3 phase I SBIR and STTR award winners within the state. 4 2. Technical assistance services under this section may include, but 5 are not limited to: 6 (a) outreach to small businesses to promote awareness of SBIR/STTR 7 program solicitations; 8 (b) counseling to determine the ability of a business to pursue 9 SBIR/STTR phase I funding, the technology match with the federal agency 10 solicitation to be pursued, the qualifications of personnel involved in 11 the proposed project, and the level of support needed from the technical 12 assistance program to produce a competitive application; and 13 (c) proposal preparation assistance including grant writing, technolo- 14 gy evaluation, and general proposal evaluation. 15 3. In determining whether to provide technical assistance authorized 16 pursuant to this section to a small business, eligible entities shall 17 consider the probability of such business commercializing any inno- 18 vations resulting from research funded by an SBIR or STTR award in New 19 York state. 20 4. (a) Entities that are eligible to receive funds under this section 21 shall have demonstrable experience and success in providing technical 22 assistance authorized pursuant to this section, and as determined by the 23 corporation, and shall include: 24 (i) centers for advanced technology established pursuant to section 25 thirty-one hundred two-b of the public authorities law; 26 (ii) technology development corporations established pursuant to 27 section thirty-one hundred two-d of the public authorities law; 28 (iii) state university of New York engineering schools that administer 29 the strategic partnership for industrial resurgence program; and 30 (iv) centers of excellence established pursuant to section 3 of part T 31 of chapter 84 of the laws of 2002 and section four hundred ten of the 32 economic development law. 33 (b) Preference for receiving funds under this section shall be given 34 to entities that partner with other eligible entities to provide the 35 full range of technical assistance services as specified in subdivision 36 two of this section. 37 (c) Entities receiving funds under this section shall match such funds 38 on a one-to-one basis. Such match shall consist of actual cash, sala- 39 ries, staff time, or expenses directly attributable to the purposes of 40 this section. Overhead costs may not be included in the match. 41 5. (a) Funds can be used for costs related to conducting outreach to 42 small businesses to promote awareness of SBIR/STTR program solicita- 43 tions, grant preparation and review, and printing costs and supplies 44 associated with the submission of grants. 45 (b) From such funds as may be appropriated for this purpose by the 46 legislature, the corporation shall make competitive awards annually in 47 amounts of up to two hundred thousand dollars to providers of assistance 48 pursuant to this section. 49 6. (a) Entities receiving funds shall annually provide to the corpo- 50 ration details on the following: 51 (i) description of small businesses served, including technology 52 focus, business size and location; 53 (ii) SBIR and STTR grants applied for and received as a result of 54 assistance provided; and 55 (iii) any other information deemed appropriate by the corporation.A. 9508--B 102 1 (b) The corporation shall include the information provided pursuant to 2 subdivision five of this section in the annual report filed pursuant to 3 section four hundred four of the economic development law. 4 (c) On or before February first, two thousand nineteen, the corpo- 5 ration shall evaluate the effectiveness of the SBIR/STTR technical 6 assistance program and report such findings to the governor and legisla- 7 ture. The corporation shall also make recommendations as to the appro- 8 priateness of expanding the program to provide assistance to SBIR/STTR 9 phase II applicants. 10 § 2. Section 3102-c of the public authorities law is REPEALED. 11 § 3. This act shall take effect immediately. 12 PART MM 13 Section 1. Short title. This act shall be known and may be cited as 14 the "New York state innovation voucher program act". 15 § 2. Section 1 of chapter 174 of the laws of 1968, constituting the 16 New York state urban development corporation act, is amended by adding a 17 new section 16-bb to read as follows: 18 § 16-bb. New York state innovation voucher program. (1) Program estab- 19 lished. There is hereby established a New York state innovation voucher 20 program under the purview of the empire state development corporation. 21 Such program shall provide small businesses with access to research and 22 development by colleges and universities, government laboratories and 23 public research institutes in order to assist such businesses in the 24 creation of innovative products or services that provide job retention 25 and expansion. 26 (2) Definitions. For the purposes of this section, the following terms 27 shall have the following meanings: 28 (a) "Eligible recipient" shall mean small businesses as defined in 29 section one hundred thirty-one of the economic development law. 30 (b) "Eligible projects" for vouchers authorized pursuant to this 31 section shall mean research and development projects leading to inno- 32 vation of products or services. Eligible costs shall include, but not be 33 limited to, the development of prototypes, field testing, engineering or 34 other projects authorized by the corporation that enhance innovation of 35 products or services that result in job growth and business expansion 36 within the state. 37 (c) "Ineligible expense" shall mean reimbursement of time spent by the 38 employees or owners of the small business; grant or voucher application 39 costs; routine and readily-predictable business expenses; design and 40 production of marketing or advertising materials; basic professional 41 services such as ongoing routine accounting, tax or legal services; 42 building or equipment construction costs; financing fees; travel and 43 entertainment costs; hospitality costs; and any other expenses deemed 44 ineligible by the corporation. 45 (d) "Research and development partner" shall mean colleges, universi- 46 ties, state and national government laboratories, and public research 47 institutes in New York state. 48 (e) "Exceptionally innovative projects" shall mean projects that 49 demonstrate a potential for substantial economic growth and job develop- 50 ment in an emerging technology field, as defined by the corporation, 51 through the promulgation of rules and regulations, as emerging technolo- 52 gy fields from those fields listed in subparagraphs one, two, three, 53 four and five of paragraph (b) of subdivision one of section thirty-one 54 hundred two-e of the public authorities law.A. 9508--B 103 1 (3) Selection of eligible recipients. (a) Eligible recipients shall be 2 selected by the corporation based on the strength of their proposals, 3 including evaluation of the innovative nature of the project, its tech- 4 nical feasibility, commercial viability and the potential impact on the 5 retention and creation of new jobs. 6 (b) Small businesses may identify desired or potential research and 7 development partners as part of their applications. Advance determi- 8 nations of the business' research and development partner shall not be a 9 requirement for receipt of an innovation voucher. 10 (c) Applications shall be judged by an advisory committee, or regional 11 advisory committee, appointed by the president of the corporation 12 consisting of members of the higher education, science and technology, 13 and business communities. 14 (4) Research and development partners. The corporation shall identify 15 a list of potential research and development partners in New York state 16 that have appropriate facilities and resources to participate in the 17 innovation voucher program and are willing to accept vouchers from 18 eligible recipients for payment of their services. The list of potential 19 research and development partners shall be displayed on the corpo- 20 ration's website, and shall be reviewed and revised at least quarterly. 21 (5) Vouchers and matching funds. (a) The corporation, upon the recom- 22 mendation of the advisory committee, may award vouchers up to ten thou- 23 sand dollars for each eligible project. Upon the recommendation of the 24 advisory committee, the corporation may award a voucher in an amount up 25 to fifty thousand dollars where a project is deemed exceptionally inno- 26 vative. Criteria for determination of awards shall be established by the 27 corporation in rules and regulations. Eligible recipients shall match 28 the value of the voucher on a dollar-for-dollar basis and shall apply 29 such amount to the voucher-funded project. 30 (b) If an applicant is approved by the corporation for a voucher based 31 on the merits of an eligible project, such eligible recipient shall be 32 authorized to enter into a working agreement with the appropriate 33 research and development partner. The eligible recipient shall notify 34 the corporation of the research and development partner collaboration to 35 be formed to further research and development. Payment of the voucher 36 shall be made based on a payment structure established by the corpo- 37 ration in rules and regulations promulgated pursuant to section four of 38 this act to administer a collaboration. 39 (6) Outreach. To ensure maximum awareness of the innovation voucher 40 program, the corporation shall develop and implement a plan to dissem- 41 inate information and materials to small businesses, including but not 42 limited to minority- and women-owned enterprises and veteran-owned busi- 43 nesses. 44 (7) Reports. The corporation shall post quarterly reports stating: the 45 number and monetary value of vouchers issued; the amount of program 46 funding used for the vouchers; the recipient of the the vouchers and 47 research and development partner; and any other appropriate metrics to 48 measure the success of the program, including but not limited to, the 49 number of jobs created or retained, the number of patents produced as a 50 result of the collaboration, a description of the economic development 51 impact and such other information as the corporation may deem necessary. 52 Such quarterly reports shall also include a list of current advisory 53 committee members and a list of current research and development part- 54 ners approved by the corporation. 55 (8) Funding. The corporation is authorized, within available appropri- 56 ations in the empire state development fund established pursuant toA. 9508--B 104 1 section sixteen-m of this act or from any other funds appropriated, to 2 make innovative vouchers available to eligible recipients. 3 § 3. Subdivision 1 of section 16-m of section 1 of chapter 174 of the 4 laws of 1968, constituting the New York state urban development corpo- 5 ration act, is amended by adding a new paragraph (o) to read as follows: 6 (o) Vouchers to eligible entities as set forth in section sixteen-bb 7 of this act to support the New York state innovation voucher program to 8 assist small business access to research and development by colleges and 9 universities, government laboratories and public research institutes to 10 support such businesses in the creation of innovative products or 11 services. 12 § 4. Rules and regulations. The empire state development corporation 13 is authorized to promulgate rules and regulations in accordance with the 14 state administrative procedure act that are necessary to fulfill the 15 purposes of this act. Such rules and regulations shall be completed 16 within one hundred eighty days after the effective date of this act. 17 § 5. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law; provided, however, that the amendments to 19 subdivision 1 of section 16-m of section 1 of chapter 174 of the laws of 20 1968, constituting the New York state urban development corporation act, 21 made by section three of this act shall not affect the expiration of 22 such section and shall be deemed to expire therewith; provided, further, 23 that any rules and regulations necessary for the timely implementation 24 of this act on its effective date may be promulgated on or before such 25 effective date. 26 PART NN 27 Section 1. The economic development law is amended by adding a new 28 section 438 to read as follows: 29 § 438. Disclosure authorization and reporting requirements. 1. The 30 commissioner and the department shall disclose publicly the names and 31 addresses of the businesses located within a tax-free NY area. In addi- 32 tion, the commissioner and the department shall disclose publicly and 33 include in the annual report required under subdivision two of this 34 section such other information contained in such businesses' applica- 35 tions and annual reports, including the projected number of net new jobs 36 to be created, as they determine is relevant and necessary to evaluate 37 the success of this program. 38 2. (a) The commissioner shall prepare an annual report to the governor 39 and the legislature. Such report shall include the number of business 40 applicants, number of businesses approved, the names and addresses of 41 the businesses located within a tax-free NY area, total amount of bene- 42 fits distributed, benefits received per business, number of net new jobs 43 created, net new jobs created per business, new investment per business, 44 the types of industries represented and such other information as the 45 commissioner determines is necessary to evaluate the progress of the 46 START-UP NY program. 47 (b) Any business located in a tax-free NY area must submit an annual 48 report to the commissioner in a form and at such time and with such 49 information as prescribed by the commissioner in consultation with the 50 commissioner of taxation and finance. Such information shall be suffi- 51 cient for the commissioner and the commissioner of taxation and finance 52 to: (i) monitor the continued eligibility of the business and its 53 employees to participate in the START-UP NY program and receive the tax 54 benefits described in section thirty-nine of the tax law; (ii) evaluateA. 9508--B 105 1 the progress of the START-UP NY program; and (iii) prepare the annual 2 report required by paragraph (a) of this subdivision. Such annual report 3 shall also include information regarding the wages paid during the year 4 to its employees employed in the net new jobs created and maintained in 5 the tax-free NY area. 6 § 2. This act shall take effect immediately and shall be deemed to 7 have been in full force and effect on and after April 10, 2017. 8 PART OO 9 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 10 the New York state urban development corporation act, is amended by 11 adding a new section 52 to read as follows: 12 § 52. Strategic investment in workforce development. 1. Pursuant to 13 this section there is hereby established within the corporation, the 14 strategic investment in workforce development program to identify and 15 address workforce needs throughout the state. The corporation shall 16 collaborate with the department of labor, the department of economic 17 development, the state university of New York, the city university of 18 New York, and the state education department to provide support to 19 eligible applicants within amounts available for the strategic invest- 20 ments in workforce development program and shall identify the training 21 needs of employers, employees and prospective employees; identify areas 22 of the state or specific industries where a shortage of a skilled work- 23 force is impacting the ability of those areas of the state or industries 24 to remain competitive and innovative; identify methods and models to 25 train and employ youth workers; and identify ways to serve prospective 26 employees that are currently unemployed or underemployed. The strategic 27 investment in workforce development program shall utilize the informa- 28 tion gathered to target workforce training activities, employment 29 credentials or certificate opportunities, and skill development programs 30 to meet the identified needs and to provide necessary training and skill 31 development programs to youth and individuals who are unemployed or 32 underemployed. 33 2. Eligible applicants shall include an employer or consortium of 34 employers in conjunction with a labor organization, a not-for-profit, an 35 educational entity or a program or network that provides training and 36 skill development for youth or individuals who are unemployed or under- 37 employed. An entity that works directly with employers to provide 38 training or retraining, particularly in high-skill occupations or indus- 39 tries, or an entity that seeks to promote and foster economic develop- 40 ment and job growth shall also be considered an eligible applicant. 41 Eligible applicants shall demonstrate a relationship with educational 42 programs and entities that address the needs of employers, employees or 43 prospective employees, particularly youth, unskilled workers, unemployed 44 individuals or underemployed workers. 45 3. (a) Assistance provided by the corporation to eligible applicants, 46 may be used for the costs associated with strategic workforce develop- 47 ment training and skills development. Such costs may include, but is not 48 limited to, classroom training, on the job training, curriculum develop- 49 ment, and training materials associated with on the job training, skills 50 upgrading, skills retraining, and basic skills training that leads to 51 obtaining appropriate certifications or degrees from accredited insti- 52 tutions; and 53 (b) The corporation shall ensure that not less than twenty percent of 54 the program funds are used in support of projects that assist smallA. 9508--B 106 1 businesses as defined in section one hundred thirty-one of the economic 2 development law and minority- and women-owned business enterprises. 3 4. (a) The corporation shall report to the legislature by June thirti- 4 eth, two thousand nineteen and annually thereafter, identifying the 5 entities receiving assistance, the type of assistance provided, the 6 number of individuals trained and newly hired including those who were 7 previously unemployed, underemployed or economically disadvantaged, and 8 the number of certifications or degrees conferred from accredited insti- 9 tutions. 10 (b) The corporation shall also provide for an independent evaluation 11 of the program on or before June thirtieth, two thousand twenty, and 12 every three years thereafter. 13 § 2. This act shall take effect immediately and shall be deemed to 14 have been in full force and effect on and after April 1, 2018. 15 PART PP 16 Section 1. Article 54 of the environmental conservation law is amended 17 by adding a new title 17 to read as follows: 18 TITLE 17 19 NEW YORK STATE ENVIRONMENTAL JUSTICE ACT AND GRANTS 20 Section 54-1701. Definitions. 21 54-1702. Implementation of environmental justice policies. 22 54-1703. Environmental justice task force. 23 54-1705. Environmental justice grants. 24 § 54-1701. Definitions. 25 For purposes of this title "environmental justice" means the fair 26 treatment of people of all races, cultures and incomes in the develop- 27 ment, adoption, implementation and enforcement of environmental laws and 28 policies. 29 § 54-1702. Implementation of environmental justice policies. 30 1. All state agencies, boards, commissions and other bodies involved 31 in decisions that may affect environmental quality shall adopt and 32 implement environmental justice policies providing meaningful opportu- 33 nities for involvement to all people, regardless of race, color, ethnic- 34 ity, religion, income or education level. 35 2. All state programs and policies designed to protect the environment 36 shall be reviewed periodically to ensure that program implementation and 37 dissemination of information meet the needs of low-income and minority 38 communities, and seek to address disproportionate exposure to environ- 39 mental hazards. 40 3. The department will use available environmental and public health 41 data to identify existing and proposed industrial and commercial facili- 42 ties and areas in communities of color and low-income communities for 43 which compliance, enforcement, remediation, siting and permitting strat- 44 egies will be targeted to address impacts from these facilities. 45 4. The department shall create an environmental justice advisory coun- 46 cil to advise the department and the environmental justice task force on 47 environmental justice issues. The council shall consist of fifteen indi- 48 viduals and will meet at least quarterly. The council shall annually 49 select a chairperson from its membership and shall have a composition of 50 one-third membership from grassroots or faith-based community organiza- 51 tions, with additional membership to include representatives from the 52 following communities: academic public health, statewide environmental, 53 civil rights and public health organizations, large and small business 54 and industry, municipal and county officials, and organized labor.A. 9508--B 107 1 § 54-1703. Environmental justice task force. 2 1. The commissioner and the commissioner of the department of health, 3 or their appointed designees, shall convene a multi-agency task force, 4 to be named the environmental justice task force. This task force will 5 include senior management designees from the governor counsel's office, 6 the attorney general's office, the departments of health, agriculture 7 and markets, transportation, and education. The task force shall be an 8 advisory body, the purpose of which is to make recommendations to state 9 agency heads regarding actions to be taken to address environmental 10 justice issues consistent with each agency's existing statutory and 11 regulatory authority. The task force is authorized to consult with, and 12 expand its membership to, other state agencies as needed to address 13 concerns raised in affected communities. 14 2. Any community may file a petition with the task force that asserts 15 that residents and workers in the community are subject to dispropor- 16 tionate adverse exposure to environmental health risks, or dispropor- 17 tionate adverse effects resulting from the implementation of laws 18 affecting public health or the environment. 19 3. The task force shall identify a set of communities from the 20 petitions filed, based on selection criteria developed by the task 21 force, including consideration of state agency resource constraints. The 22 task force shall meet directly with the selected communities to under- 23 stand their concerns. 24 4. The task force shall develop an action plan for each of the 25 selected communities after consultation with the citizens, as well as 26 local and county government as relevant, that will address environmental 27 factors that affect community health. The action plan shall clearly 28 delineate the steps that will be taken in each of the selected communi- 29 ties to reduce existing environmental burdens and avoid or reduce the 30 imposition of additional environmental burdens through allocations of 31 resources, exercise of regulatory discretion, and development of new 32 standards and protections. The action plan, which shall be developed in 33 consultation with the environmental justice advisory council, will spec- 34 ify community deliverables, a timeframe for implementation, and the 35 justification and availability of financial and other resources to 36 implement the plan. The task force shall present the action plan to the 37 relevant departments, recommending its implementation. 38 5. The task force shall monitor the implementation of each action plan 39 in the selected communities, and shall make recommendations to state 40 agencies as necessary to facilitate implementation of the action plans. 41 Agencies shall implement the strategy to the fullest extent practicable 42 in light of statutory and resource constraints. 43 § 54-1705. Environmental justice grants. 44 1. For the purpose of this section, environmental justice projects 45 shall take place in environmental justice, inner city, and underserved 46 areas and mean: 47 (a) improvements to environmental quality; 48 (b) projects that address exposure to multiple harms and risks, 49 including lead exposure; 50 (c) environmental job training; 51 (d) studies, including air monitoring, to investigate the environment, 52 or related public health issues of the community; and, 53 (e) research that will be used to expand the knowledge or understand- 54 ing of the affected community, including ways to improve resiliency 55 provided that the results of any such investigation shall be dissem- 56 inated to the members of the affected community.A. 9508--B 108 1 2. The commissioner, after consultation with the environmental justice 2 advisory council, and a not-for-profit corporation may enter into a 3 contract for the undertaking by the not-for-profit corporation of an 4 environmental justice project. Such project shall be recommended to the 5 commissioner by the governing body of a not-for-profit corporation which 6 demonstrates to the satisfaction of the commissioner that such projects 7 address the environmental and/or related public health issues of the 8 residents of the affected community. Upon approval by the commissioner, 9 such project shall be undertaken pursuant to the provisions of this 10 title and any other applicable provision of law. 11 3. The commissioner, after consultation with the environmental justice 12 advisory council, and a municipality may enter into a contract for the 13 undertaking by the municipality of an environmental justice project. 14 Such project shall be recommended to the commissioner by the governing 15 body of a municipality which demonstrates to the satisfaction of the 16 commissioner that such projects address the environmental and/or related 17 public health issues of the residents of the affected community. Upon 18 approval by the commissioner, such project shall be undertaken pursuant 19 to the provisions of this title and any other applicable provision of 20 law. 21 § 2. This act shall take effect July 1, 2019; provided however, that 22 the environmental justice task force and the environmental justice advi- 23 sory council shall be established and operating by October 1, 2019. 24 PART QQ 25 Section 1. Legislative findings and declaration. The legislature here- 26 by enacts the "New York state climate and community protection act" and 27 finds and declares that: 28 1. Climate change is adversely affecting economic well-being, public 29 health, natural resources, and the environment of New York. The adverse 30 impacts of climate change include: 31 a. an increase in the severity and frequency of extreme weather 32 events, such as storms, flooding, and heat waves, which can cause direct 33 injury or death, property damage, and ecological damage (e.g., through 34 the release of hazardous substances into the environment); 35 b. rising sea levels, which exacerbate damage from storm surges and 36 flooding, contribute to coastal erosion and saltwater intrusion, and 37 inundate low-lying areas, leading to the displacement of or damage to 38 coastal habitat, property, and infrastructure; 39 c. a decline in freshwater and saltwater fish populations; 40 d. increased average temperatures, which increase the demand for air 41 conditioning and refrigeration among residents and businesses; 42 e. exacerbation of air pollution; and 43 f. an increase in the incidences of infectious diseases, asthma 44 attacks, heart attacks, and other negative health outcomes. These 45 impacts are having a detrimental effect on some of New York's largest 46 industries, including agriculture, commercial shipping, forestry, tour- 47 ism, and recreational and commercial fishing. These impacts also place 48 additional strain on the physical infrastructure that delivers critical 49 services to the citizens of New York, including the state's energy, 50 transportation, stormwater, and wastewater infrastructure. 51 2. a. The severity of current climate change and the threat of addi- 52 tional and more severe change will be affected by the actions undertaken 53 by New York and other jurisdictions to reduce greenhouse gas emissions. 54 According to the U.S. Global Change Research Program (USGCRP) and theA. 9508--B 109 1 Intergovernmental Panel on Climate Change (IPCC), substantial reductions 2 in greenhouse gas emissions will be required by mid-century in order to 3 limit global warming to no more than 2°C and ideally 1.5°C, and thus 4 minimize the risk of severe impacts from climate change. Specifically, 5 industrialized countries must reduce their greenhouse gas emissions by 6 at least 80% below 1990 levels by 2050 in order to stabilize carbon 7 dioxide equivalent concentrations at 450 parts per million--the level 8 required to stay within the 2°C target. 9 b. On December 12, 2015, one hundred ninety-five countries at the 21st 10 Conference of the parties of the United Nations Framework Convention on 11 Climate Change adopted an agreement addressing greenhouse gas emissions 12 mitigation, adaptation, and finance starting in the year 2020, known as 13 the Paris Agreement. The Paris Agreement was adopted on November 4, 14 2016, and is the largest concerted global effort to combat climate 15 change to date. 16 3. Action undertaken by New York to reduce greenhouse emissions will 17 have an impact on global greenhouse gas emissions and the rate of 18 climate change. In addition, such action will encourage other jurisdic- 19 tions to implement complementary greenhouse gas reduction strategies and 20 provide an example of how such strategies can be implemented. It will 21 also advance the development of green technologies and sustainable prac- 22 tices within the private sector, which can have far-reaching impacts 23 such as a reduction in the cost of renewable energy components, and the 24 creation of jobs and tax revenues in New York. 25 4. It shall therefore be a goal of the state of New York to reduce 26 greenhouse gas emissions from all anthropogenic sources 100% over 1990 27 levels by the year 2050, with an incremental target of at least a 50 28 percent reduction in climate pollution by the year 2030, in line with 29 USGCRP and IPCC projections of what is necessary to avoid the most 30 severe impacts of climate change. 31 5. Although substantial emissions reductions are necessary to avoid 32 the most severe impacts of climate change, complementary adaptation 33 measures will also be needed to address those risks that cannot be 34 avoided. Some of the impacts of climate change are already observable in 35 New York state and the northeastern United States. Annual average 36 temperatures are on the rise, winter snow cover is decreasing, heat 37 waves and precipitation are intensifying, and sea levels along New 38 York's coastline are approximately one foot higher than they were in 39 1900. New York has also experienced an increasing number of extreme and 40 unusual weather events, like Hurricanes Irene and Lee and the 41 unprecedented Superstorm Sandy in 2012, which caused at least 53 deaths 42 and $32 billion in damage in New York state. 43 6. New York should therefore minimize the risks associated with 44 climate change through a combination of measures to reduce statewide 45 greenhouse gas emissions and improve the resiliency of the state with 46 respect to the impacts and risks of climate change that cannot be 47 avoided. 48 7. Climate change especially heightens the vulnerability of disadvan- 49 taged communities, which bear environmental and socioeconomic burdens as 50 well as legacies of racial and ethnic discrimination. Actions undertaken 51 by New York state to mitigate greenhouse gas emissions should prioritize 52 the safety and health of disadvantaged communities, control potential 53 regressive impacts of future climate change mitigation and adaptation 54 policies on these communities, and prioritize the allocation of public 55 investments in these areas.A. 9508--B 110 1 8. Creating good jobs and a thriving economy is a core concern of New 2 York state. Shaping the ongoing transition in our energy sector to 3 ensure that it creates good jobs and protects workers and communities 4 that may lose employment in the current transition must be key concerns 5 of our climate policy. Setting clear standards for job quality and 6 training standards encourages not only high-quality work but positive 7 economic impacts. 8 9. Workers are at the front lines of climate change. Construction 9 workers and building service workers were some of the first workers 10 dedicated to cleaning up damage inflicted by recent storms. These work- 11 ers were often operating in unsafe and toxic environments, cleaning up 12 mold, and working in unstable buildings. In order to protect the health 13 and welfare of these workers, it is in the interest of the state of New 14 York to establish safe and healthy working conditions and proper train- 15 ing for workers involved in climate change related activities. In addi- 16 tion, much of the infrastructure work preparing our state for additional 17 climate change events must happen quickly and efficiently. It is in the 18 interest of the state to ensure labor harmony and promote efficient 19 performance of work on climate change related work sites by requiring 20 workers to be well-trained and adequately compensated. 21 10. Ensuring career opportunities are created and shared geograph- 22 ically and demographically is necessary to ensure increased access to 23 good jobs for marginalized communities while making the same neighbor- 24 hoods more resilient. Climate change has a disproportionate impact on 25 low-income people, women, and workers. It is in the interest of the 26 state of New York to protect and promote the interests of these groups 27 against the impacts of climate change and severe weather events and to 28 advance our equity goals by ensuring quality employment opportunities in 29 safe working environments. 30 11. The complexity of the ongoing energy transition, the uneven 31 distribution of economic opportunity, and the disproportionate cumula- 32 tive economic and environmental burdens on communities mean that there 33 is a strong state interest in setting a floor statewide for labor stand- 34 ards, but allowing and encouraging individual agencies and local govern- 35 ments to raise standards. 36 12. By exercising a global leadership role on greenhouse gas miti- 37 gation and climate change adaptation, New York will position its econo- 38 my, technology centers, financial institutions, and businesses to bene- 39 fit from national and international efforts to address climate change. 40 New York state has already demonstrated leadership in this area by 41 undertaking efforts such as: 42 a. executive order no. 24 (2009), establishing a goal to reduce green- 43 house gas emissions 80% by the year 2050, creating a climate action 44 council, and calling for preparation of a climate action plan; 45 b. chapter 433 of the laws of 2009, establishing a state energy plan- 46 ning board and requiring the board to adopt a state energy plan; 47 c. chapter 388 of the laws of 2011, directing the department of envi- 48 ronmental conservation to promulgate rules and regulations limiting 49 emissions of carbon dioxide by newly constructed major generating facil- 50 ities; 51 d. the adoption of a state energy plan establishing clean energy goals 52 for the year 2030 aimed at reducing greenhouse gas emission levels by 53 40% from 1990 levels, producing 50% of electricity from renewable sourc- 54 es, and increasing energy efficiency from 2012 levels by 23%; 55 e. collaboration with other states on the Regional Greenhouse Gas 56 Initiative, and the development of a regional low carbon fuel standard;A. 9508--B 111 1 f. creation of new offices and task forces to address climate change, 2 including the New York state office of climate change, the renewable 3 energy task force, and the sea level rise task force; and 4 g. the enactment of the Community Risk and Resiliency Act (CRRA), 5 which requires agencies to consider sea level rise and other climate-re- 6 lated events when implementing certain state programs. 7 This legislation will build upon these past developments by creating a 8 comprehensive regulatory program to reduce greenhouse gas emissions that 9 corresponds with the targets established in executive order no. 24, the 10 state energy plan, and USGCRP and IPCC projections. 11 § 2. The environmental conservation law is amended by adding a new 12 article 75 to read as follows: 13 ARTICLE 75 14 CLIMATE CHANGE 15 Section 75-0101. Definitions. 16 75-0103. New York state climate action council. 17 75-0105. Statewide greenhouse gas emissions report. 18 75-0107. Statewide greenhouse gas emissions limits. 19 75-0109. Scoping plan for statewide greenhouse gas emissions 20 reductions. 21 75-0111. Promulgation of regulations to achieve statewide green- 22 house gas emissions reductions. 23 75-0113. Climate justice working group. 24 75-0115. Implementation reporting. 25 § 75-0101. Definitions. 26 For the purposes of this article the following terms shall have the 27 following meanings: 28 1. "Allowance" means an authorization to emit, during a specified 29 year, up to one ton of carbon dioxide equivalent. 30 2. "Carbon dioxide equivalent" means the amount of carbon dioxide by 31 mass that would produce the same global warming impact as a given mass 32 of another greenhouse gas over an integrated twenty-year time frame 33 after emission, based on the best available science. 34 3. "Co-pollutants" means hazardous air pollutants produced by green- 35 house gas emissions sources. 36 4. "Council" means the New York state climate action council estab- 37 lished pursuant to section 75-0103 of this article. 38 5. "Disadvantaged communities" means communities that bear burdens of 39 negative public health effects, environmental pollution, impacts of 40 climate change, and possess certain socioeconomic criteria, as identi- 41 fied pursuant to section 75-0113 of this article. 42 6. "Emissions reduction measures" means programs, measures and stand- 43 ards, authorized pursuant to this chapter, applicable to sources or 44 categories of sources, that are designed to reduce emissions of green- 45 house gases. 46 7. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, 47 hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other 48 substance emitted into the air that may be reasonably anticipated to 49 cause or contribute to anthropogenic climate change. 50 8. "Greenhouse gas emission limit" means an authorization, during a 51 specified year, to emit up to a level of greenhouse gases specified by 52 the department, expressed in tons of carbon dioxide equivalent. 53 9. "Greenhouse gas emission source" or "source" means any anthropogen- 54 ic source or category of anthropogenic sources of greenhouse gas emis- 55 sions, with the exception of agricultural emissions from livestock, 56 determined by the department:A. 9508--B 112 1 a. that its participation in the program will enable the department to 2 effectively reduce greenhouse gas emissions; and, 3 b. to be capable of being monitored for compliance. 4 10. "Leakage" means a reduction in emissions of greenhouse gases with- 5 in the state that is offset by an increase in emissions of greenhouse 6 gases outside of the state. 7 11. "Market-based compliance mechanism" means any of the following: 8 a. A price on greenhouse gas emissions from regulated sources, 9 expressed as a fee per ton of carbon dioxide equivalent released in a 10 given year. 11 b. A system of market-based declining annual aggregate emissions limi- 12 tations for sources or categories of sources that emit greenhouse gases. 13 12. "Statewide greenhouse gas emissions" means the total annual emis- 14 sions of greenhouse gases produced within the state from anthropogenic 15 sources and greenhouse gases produced outside of the state that are 16 associated with the generation of electricity imported into the state 17 and the extraction and transmission of fossil fuels imported into the 18 state. Statewide emissions shall be expressed in tons of carbon dioxide 19 equivalents. 20 13. "Statewide greenhouse gas emissions limit" or "statewide emissions 21 limit" means the maximum allowable level of statewide greenhouse gas 22 emissions in a specified year, as determined by the department pursuant 23 to this article. 24 14. "Environmental justice advisory group" shall mean the permanent 25 environmental justice advisory group established by a chapter of the 26 laws of two thousand eighteen amending the environmental conservation 27 law relating to establishing a permanent environmental justice advisory 28 group and an environmental justice interagency coordinating council, as 29 proposed in legislative bills numbers S.3110 and A.2234. 30 § 75-0103. New York state climate action council. 31 1. There is hereby established, within the department, the New York 32 state climate action council ("council") which shall consist of the 33 following twenty-five members: 34 a. the commissioners of transportation, health, economic development, 35 agriculture and markets, housing and community renewal, general 36 services, labor, environmental conservation, homeland security and emer- 37 gency services, the chairperson of the public service commission, the 38 superintendent of financial services, the presidents of the New York 39 state energy research and development; New York power authority; Long 40 Island power authority; secretary of state, the chairman of the metro- 41 politan transportation authority and dormitory of the state of New York, 42 or their designee. 43 b. two members appointed by the governor; 44 c. two members to be appointed by the temporary president of the 45 senate; 46 d. two members to be appointed by the speaker of the assembly; 47 e. one member to be appointed by the minority leader of the senate; 48 and 49 f. one member to be appointed by the minority leader of the assembly. 50 2. The at large members shall include at all times individuals with 51 expertise in issues relating to climate change mitigation and/or adapta- 52 tion, such as environmental justice, labor, public health and regulated 53 industries. 54 3. Council members shall receive no compensation for their services 55 but shall be reimbursed for actual and necessary expenses incurred in 56 the performance of their duties.A. 9508--B 113 1 4. The chairperson of the council shall be the commissioner of envi- 2 ronmental conservation or his or her designee. 3 5. A majority of the members of the council shall constitute a quorum. 4 6. Any vacancies on the council shall be filled in the manner provided 5 for in the initial appointment. 6 7. The council shall be authorized to convene advisory panels to 7 assist or advise it in areas requiring special expertise or knowledge. 8 8. The department shall provide the council with such facilities, 9 assistance and data as will enable the council to carry out its powers 10 and duties. Additionally, all other agencies of the state or subdivi- 11 sions thereof may, at the request of the chairperson, provide the coun- 12 cil with such facilities, assistance, and data as will enable the coun- 13 cil to carry out its powers and duties. 14 9. The council shall consult with the climate justice working group 15 established in section 75-0113 of this article, the department of state 16 utility intervention unit, and the federally designated electric bulk 17 system operator. 18 10. The council shall advise the department on: 19 a. The development of statewide greenhouse gas emissions limits rules 20 and regulations, pursuant to section 75-0107 of this article, and regu- 21 lations to achieve statewide greenhouse gas emissions reductions, pursu- 22 ant to section 75-0111 of this article. 23 b. The preparation of a scoping plan for reducing greenhouse gas emis- 24 sions, pursuant to the procedures set forth in section 75-0109 of this 25 article. 26 11. The council shall identify existing climate change mitigation and 27 adaptation efforts at the federal, state, and local levels and may make 28 recommendations regarding how such policies may improve the state's 29 efforts. 30 12. The council shall maintain a website that includes public access 31 to the scoping plan and greenhouse gas limit information. 32 § 75-0105. Statewide greenhouse gas emissions report. 33 1. No later than one year after the effective date of this article, 34 and each year thereafter, the department shall issue a report on state- 35 wide greenhouse gas emissions, expressed in tons of carbon dioxide 36 equivalents, from all greenhouse gas emission sources in the state, 37 including the relative contribution of each type of greenhouse gas and 38 each type of source to the statewide total. 39 2. The statewide greenhouse gas emissions report shall be a comprehen- 40 sive evaluation, informed by a variety of data, including but not limit- 41 ed to: 42 a. information relating to the use of fossil fuels by sector, includ- 43 ing for electricity generation, transportation, heating, and other 44 combustion purposes; 45 b. information relating to fugitive and vented emissions from systems 46 associated with the production, processing, transport, distribution, 47 storage, and consumption of fossil fuels, including natural gas; 48 c. information relating to emissions from non-fossil fuel sources, 49 including, but not limited to, garbage incinerators, biomass combustion, 50 landfills and landfill gas generators, and anaerobic digesters; 51 d. information relating to emissions associated with manufacturing, 52 chemical production, cement plants, and other processes that produce 53 non-combustion emissions; and 54 e. information from sources that may be required to participate in the 55 registration and reporting system pursuant to subdivision four of this 56 section.A. 9508--B 114 1 3. The statewide greenhouse gas emissions report shall also include an 2 estimate of greenhouse gas emissions associated with the generation of 3 imported electricity and with the extraction and transmission of fossil 4 fuels imported into the state which shall be counted as part of the 5 statewide total. 6 4. Within one year after the effective date of this article, the 7 department shall consider establishing a mandatory registry and report- 8 ing system from individual sources to obtain data on greenhouse gas 9 emissions exceeding a particular threshold. If established, such regis- 10 try and reporting system shall apply a consistent reporting threshold to 11 ensure the unbiased collection of data. 12 5. The statewide greenhouse gas emissions report shall also include an 13 estimate of what the statewide greenhouse gas emissions level was in 14 1990. 15 6. The statewide greenhouse gas emissions report shall utilize best 16 available science and methods of analysis, including the comparison and 17 reconciliation of emission estimates from all sources, fuel consumption, 18 field data, and peer-reviewed research. 19 7. The statewide greenhouse gas emissions report shall clearly explain 20 the methodology and analysis used in the department's determination of 21 greenhouse gas emissions and shall include a detailed explanation of any 22 changes in methodology or analysis, adjustments made to prior estimates, 23 as needed, and any other information necessary to establish a scientif- 24 ically credible account of change. 25 8. The department shall hold at least two public hearings to seek 26 public input regarding the methodology and analysis used in the determi- 27 nation of statewide greenhouse gas emissions, and periodically thereaft- 28 er. 29 § 75-0107. Statewide greenhouse gas emissions limits. 30 1. No later than one year after the effective date of this article, 31 the department shall, pursuant to rules and regulations promulgated 32 after at least one public hearing, establish a statewide greenhouse gas 33 emissions limit as a percentage of 1990 emissions, as estimated pursuant 34 to section 75-0105 of this article, as follows: 35 a. 2020: 85% of 1990 emissions. 36 b. 2025: 65% of 1990 emissions. 37 c. 2030: 50% of 1990 emissions. 38 d. 2035: 35% of 1990 emissions. 39 e. 2040: 20% of 1990 emissions. 40 f. 2045: 10% of 1990 emissions. 41 g. 2050: 0% of 1990 emissions. 42 2. Greenhouse gas emission limits shall be measured in units of carbon 43 dioxide equivalents and identified for each individual type of green- 44 house gas. 45 3. In order to ensure the most accurate determination feasible, the 46 department shall utilize the best available scientific, technological, 47 and economic information on greenhouse gas emissions and consult with 48 the council, stakeholders, and the public in order to ensure that all 49 emissions are accurately reflected in its determination of 1990 emis- 50 sions levels. 51 § 75-0109. Scoping plan for statewide greenhouse gas emissions 52 reductions. 53 1. On or before two years of the effective date of this article, the 54 department shall prepare and approve a scoping plan outlining the 55 department's recommendations for attaining the statewide greenhouse gasA. 9508--B 115 1 emissions limits in accordance with the schedule established in section 2 75-0107 of this article. 3 2. The draft scoping plan shall be developed in consultation with the 4 council, environmental justice advisory group, and the climate justice 5 working group established pursuant to section 75-0113 of this article 6 and other stakeholders. 7 a. The department and the council shall hold at least six regional 8 public comment hearings on the draft scoping plan, including three meet- 9 ings in the upstate region and three meetings in the downstate region, 10 and shall allow at least one hundred twenty days for the submission of 11 public comment. 12 b. The department shall provide meaningful opportunities for public 13 comment from all persons who will be impacted by the plan, including 14 persons living in disadvantaged communities as identified pursuant to 15 section 75-0113 of this article. 16 c. On or before thirty months of the effective date of this article, 17 the department shall submit the final scoping plan to the governor, the 18 speaker of the assembly and the temporary president of the senate and 19 post such plan on its website. 20 3. The scoping plan shall identify and make recommendations on regula- 21 tory measures and other state actions that will ensure the attainment of 22 the statewide greenhouse gas emissions limits established pursuant to 23 section 75-0107 of this article. The measures and actions considered in 24 such scoping plan shall at a minimum include: 25 a. Performance-based standards for sources of greenhouse gas emis- 26 sions, including but not limited to sources in the transportation, 27 building, industrial, commercial, and agricultural sectors. 28 b. Market-based mechanisms to reduce statewide greenhouse gas emis- 29 sions or emissions from a particular source category, including an exam- 30 ination of: the imposition of fees per unit of carbon dioxide equivalent 31 emitted and the imposition of emissions caps accompanied by a system of 32 tradable emission allowances. 33 c. Measures to reduce emissions from the electricity sector by 34 displacing fossil-fuel fired electricity with renewable electricity or 35 energy efficiency. 36 d. Land-use and transportation planning measures aimed at reducing 37 greenhouse gas emissions from motor vehicles. 38 e. Measures to achieve long-term carbon sequestration and/or promote 39 best management practices in land use, agriculture and forestry. 40 f. Verifiable, enforceable and voluntary emissions reduction measures. 41 4. In developing such plan the department shall: 42 a. Consider all relevant information pertaining to greenhouse gas 43 emissions reduction programs in other states, regions, localities, and 44 nations. 45 b. Evaluate, using the best available economic models, emission esti- 46 mation techniques and other scientific methods, the total potential 47 costs and potential economic and non-economic benefits of the plan for 48 reducing greenhouse gases, and make such evaluation publicly available. 49 In conducting this evaluation, the department shall quantify: 50 i. The economic and social benefits of greenhouse gas emissions 51 reductions, taking into account the federal social cost of carbon, any 52 other tools that the department deems useful and pertinent for this 53 analysis, and any environmental, economic and public health co-benefits 54 (such as the reduction of co-pollutants and the diversification of ener- 55 gy sources); andA. 9508--B 116 1 ii. The costs of implementing proposed emissions reduction measures, 2 and the emissions reductions that the department anticipates achieving 3 through these measures. 4 c. Take into account the relative contribution of each source or 5 source category to statewide greenhouse gas emissions, and the potential 6 for adverse effects on small businesses, and recommend a de minimis 7 threshold of greenhouse gas emissions below which emission reduction 8 requirements will not apply. 9 d. Identify measures to maximize reductions of both greenhouse gas 10 emissions and co-pollutants in disadvantaged communities as identified 11 pursuant to section 75-0113 of this article. 12 5. The department shall update its plan for achieving the statewide 13 greenhouse gas emissions limits at least once every five years and shall 14 make such updates available to the governor, the speaker of the assembly 15 and the temporary president of the senate and post such updates on its 16 website. 17 § 75-0111. Promulgation of regulations to achieve statewide greenhouse 18 gas emissions reductions. 19 1. No later than three years after the effective date of this article, 20 the department, after public workshops and consultation with the coun- 21 cil, the environmental justice advisory group, and the climate justice 22 working group established pursuant to section 75-0113 of this article, 23 representatives of regulated entities, community organizations, environ- 24 mental groups, health professionals, labor unions, municipal corpo- 25 rations, trade associations and other stakeholders, shall, after no less 26 than two public hearings, promulgate rules and regulations to ensure 27 compliance with the statewide emissions reduction limits. 28 2. The regulations promulgated by the department pursuant to this 29 section shall: 30 a. Ensure that the aggregate emissions of greenhouse gases from green- 31 house gas emission sources will not exceed the statewide greenhouse gas 32 emissions limits established in section 75-0107 of this article. 33 b. Include legally enforceable emissions limits, performance stand- 34 ards, or measures or other requirements to control emissions from green- 35 house gas emission sources. 36 c. Include measures to reduce emissions from greenhouse gas emission 37 sources that have a cumulatively significant impact on statewide green- 38 house gas emissions, such as internal combustion vehicles that burn 39 gasoline or diesel fuel and boilers or furnaces that burn oil or natural 40 gas. 41 3. In promulgating these regulations, the department shall: 42 a. Design and implement all regulations in a manner that seeks to be 43 equitable, to minimize costs and to maximize the total benefits to New 44 York, and encourages early action to reduce greenhouse gas emissions. 45 b. Ensure that greenhouse gas emissions reductions achieved are real, 46 permanent, quantifiable, verifiable, and enforceable by the department. 47 c. Ensure that activities undertaken to comply with the regulations do 48 not result in a net increase in co-pollutant emissions or otherwise 49 disproportionately burden disadvantaged communities as identified pursu- 50 ant to section 75-0113 of this article. 51 d. Prioritize measures to maximize net reductions of greenhouse gas 52 emissions and co-pollutants in disadvantaged communities as identified 53 pursuant to section 75-0113 of this article and encourage early action 54 to reduce greenhouse gas emissions and co-pollutants. 55 e. Minimize leakage. 56 4. Market-based compliance mechanisms.A. 9508--B 117 1 a. The department may consider provisions for the use of market-based 2 compliance mechanisms to comply with the regulations. 3 b. Prior to the inclusion of any market-based compliance mechanism in 4 the regulations, to the extent feasible and in the furtherance of 5 achieving the statewide greenhouse gas emissions limit, the department 6 shall do all of the following: 7 i. Consider the potential for direct, indirect, and cumulative emis- 8 sion impacts from these mechanisms, including localized impacts in 9 disadvantaged communities as identified pursuant to section 75-0113 of 10 this article; 11 ii. Design any market-based compliance mechanism to prevent any 12 increase in the emissions of co-pollutants; and 13 iii. Maximize additional environmental, public health, and economic 14 benefits for the state of New York and for disadvantaged communities 15 identified pursuant to section 75-0113 of this article, as appropriate. 16 c. Such regulations shall include provisions governing how market- 17 based compliance mechanisms may be used by regulated entities subject to 18 greenhouse gas emissions limits and mandatory emission reporting 19 requirements to achieve compliance with their greenhouse gas emissions 20 limits. 21 d. The department shall ensure that, at a minimum, forty percent of 22 any funds collected pursuant to any market-based compliance regulations 23 promulgated under this section as a result of legislative authorization, 24 funds authorized by the public service commission to be collected solely 25 for and directed to the New York state energy research and development 26 authority and proceeds collected by the New York state energy research 27 and development authority from the auction or sale of carbon dioxide 28 emission allowances allocated by the department are invested in a manner 29 which will benefit disadvantaged communities, identified pursuant to 30 section 75-0113 of this article, consistent with the purposes of this 31 article, including, but not limited to, increased access to renewable 32 energy, energy efficiency, weatherization, zero- and low-emission trans- 33 portation, and adaptation opportunities. The department shall consult 34 with the climate justice working group in developing and carrying out 35 such investments. 36 § 75-0113. Climate justice working group. 37 1. There is hereby created within the department, no later than six 38 months after the effective date of this article, a "climate justice 39 working group". Such working group will be comprised of representatives 40 from: environmental justice communities, the department, the department 41 of health, the New York state energy and research development authority, 42 and the department of labor. 43 a. Environmental justice community representatives shall be members of 44 communities of color, low-income communities, and communities bearing 45 disproportionate pollution and climate change burdens, or shall be 46 representatives of community-based organizations with experience and a 47 history of advocacy on environmental justice issues, and shall include 48 at least three representatives from New York city communities, three 49 representatives from rural communities, and three representatives from 50 upstate urban communities. 51 b. The working group, in consultation with the department, the depart- 52 ments of health and labor, the New York state energy and research devel- 53 opment authority, and the environmental justice advisory group, will 54 establish criteria to identify disadvantaged communities for the 55 purposes of co-pollutant reductions, greenhouse gas emissionsA. 9508--B 118 1 reductions, regulatory impact statements, and the allocation of invest- 2 ments related to this article. 3 c. Disadvantaged communities shall be identified based on geographic, 4 public health, environmental hazard, and socioeconomic criteria, which 5 shall include but are not limited to: 6 (i) areas burdened by cumulative environmental pollution and other 7 hazards that can lead to negative public health effects; 8 (ii) areas with concentrations of people that are of low income, high 9 unemployment, high rent burden, low levels of home ownership, low levels 10 of educational attainment, or members of groups that have historically 11 experienced discrimination on the basis of race or ethnicity; and 12 (iii) areas vulnerable to the impacts of climate change such as flood- 13 ing, storm surges, and urban heat island effects. 14 2. Before finalizing the criteria for identifying disadvantaged commu- 15 nities and identifying disadvantaged communities pursuant to subdivision 16 one of this section, the department shall publish draft criteria and a 17 draft list of disadvantaged communities and make such information avail- 18 able on its website. 19 a. The department shall hold at least six regional public hearings on 20 the draft criteria and the draft list of disadvantaged communities, 21 including three meetings in the upstate region and three meetings in the 22 downstate region, and shall allow at least one hundred twenty days for 23 the submission of public comment. 24 b. The department shall also ensure that there are meaningful opportu- 25 nities for public comment for all persons who will be impacted by the 26 criteria, including persons living in areas that may be identified as 27 disadvantaged communities under the proposed criteria. 28 3. The group will meet no less than annually to review the criteria 29 and methods used to identify disadvantaged communities and may modify 30 such methods to incorporate new data and scientific findings. The 31 climate justice working group shall review identities of disadvantaged 32 communities and modify such identities as needed. 33 § 75-0115. Implementation reporting. 34 1. The department shall, not less than every four years, publish a 35 report which shall include recommendations regarding the implementation 36 of greenhouse gas reduction measures. 37 2. The report shall, at minimum, include: 38 a. Whether the state is on track to meet the statewide greenhouse gas 39 emissions limits established in section 75-0107 of this article. 40 b. An assessment of existing regulations and whether modifications are 41 needed to ensure fulfillment of the statewide greenhouse gas emissions 42 limits. 43 c. An overview of social benefits from the regulations or other meas- 44 ures, including reductions in greenhouse gas emissions and copollutants, 45 diversification of energy sources, and other benefits to the economy, 46 environment, and public health, including women's health. 47 d. An overview of compliance costs for regulated entities and for the 48 department and other state agencies. 49 e. Whether regulations or other greenhouse gas reduction measures 50 undertaken are equitable, minimize costs and maximize the total benefits 51 to the state, and encourage early action. 52 f. Whether activities undertaken to comply with state regulations 53 disproportionately burden disadvantaged communities as identified pursu- 54 ant to section 75-0113 of this article.A. 9508--B 119 1 g. An assessment of local benefits and impacts of any reductions in 2 co-pollutants related to reductions in statewide and local greenhouse 3 gas emissions. 4 h. An assessment of disadvantaged communities' access to or community 5 ownership of the services and commodities identified in section eight of 6 the chapter of the laws of two thousand eighteen which added this arti- 7 cle. 8 i. Whether entities that have voluntarily reduced their greenhouse gas 9 emissions prior to the implementation of this article receive appropri- 10 ate credit for early voluntary reductions. 11 j. Recommendations for future regulatory and policy action. 12 3. In preparing this report, the department shall, at a minimum, 13 consult with the council, and the climate justice working group estab- 14 lished in section 75-0113 of this article. 15 4. The report shall be published and posted on the department's 16 website. 17 § 3. Subdivision 1 of section 54-1523 of the environmental conserva- 18 tion law is amended by adding a new paragraph h to read as follows: 19 h. to establish and implement easily-replicated renewable energy 20 projects, including solar arrays, heat pumps and wind turbines in public 21 low-income housing in suburban, urban and rural areas. 22 § 4. The public service law is amended by adding a new section 66-p to 23 read as follows: 24 § 66-p. Establishment of a renewable energy program. 1. As used in 25 this section: 26 (a) "load serving entity" means any entity that secures energy to 27 serve the electrical energy requirements of end-use customers in New 28 York state; 29 (b) "prevailing rate of wages" shall have the same meaning as such 30 term is defined in paragraph a of subdivision five of section two 31 hundred twenty of the labor law; and 32 (c) "renewable energy systems" means systems that generate electricity 33 or thermal energy through use of the following technologies: solar ther- 34 mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal 35 ground source heat, tidal energy, wave energy, ocean thermal, offshore 36 wind and fuel cells which do not utilize a fossil fuel resource in the 37 process of generating electricity. 38 2. No later than January first, two thousand nineteen, the commission 39 shall establish a program to require that a minimum of fifty percent of 40 the statewide electric generation secured by load serving entities to 41 meet the electrical energy requirements of all end-use customers in New 42 York state in two thousand thirty shall be generated by renewable energy 43 systems. 44 The commission shall set annual minimum percentage levels of electric- 45 ity generated by renewable energy systems and delivered to end-use 46 customers in New York state for each year of the program. 47 3. No later than July first, two thousand twenty and every two years 48 thereafter, the commission shall, after notice and provision for the 49 opportunity to comment, issue a comprehensive review of the program 50 established pursuant to this section. The commission shall determine, 51 among other matters: (a) progress in meeting the overall annual targets 52 for deployment of renewable energy systems; (b) distribution of systems 53 by size and load zone; and (c) annual funding commitments and expendi- 54 tures. The commission shall evaluate the annual targets established 55 pursuant to subdivision two of this section and determine whether the 56 annual targets should be accelerated, increased or extended, taking intoA. 9508--B 120 1 consideration load modifications associated with, but not limited to, 2 energy efficiency measures and the electrification of transportation, 3 heating systems and industrial processes. 4 4. The commission may temporarily suspend or modify the obligations 5 under such program provided that the commission, after conducting a 6 hearing as provided in section twenty of this chapter, makes a finding 7 that the program impedes the provision of safe and adequate electric 8 service or that there is a significant increase in arrears or service 9 disconnections that the commission determines is related to the program. 10 5. Every contractor employed pursuant to this section, not otherwise 11 required to pay laborers, workers or mechanics the prevailing rate of 12 wages pursuant to article eight of the labor law, shall pay employees 13 under contract for the development of renewable energy systems rated at 14 two hundred fifty kilowatts or more, a wage of not less than the 15 prevailing rate of wages for such work in the locality where such 16 installation occurs. This requirement shall be in effect for the dura- 17 tion of the receipt by the contractor of the incentives established 18 pursuant to this section and in no event shall such requirement extend 19 beyond the availability of such incentives. Every contractor subject to 20 the provisions of this subdivision shall maintain payroll records in 21 accordance with section two hundred twenty of the labor law. 22 § 5. Section 1005 of the public authorities law is amended by adding a 23 new subdivision 26 to read as follows: 24 26. Renewable energy program. As deemed feasible and advisable by the 25 trustees, no later than January first, two thousand nineteen, the 26 authority shall secure energy to serve the electrical energy require- 27 ments of its end-use customers in accordance with the renewable energy 28 program as set forth and defined in section sixty-six-p of the public 29 service law. 30 § 6. Sections 1020-jj, 1020-kk, and 1020-ll of the public authorities 31 law, as renumbered by chapter 415 of the laws of 2017, are renumbered 32 sections 1020-kk, 1020-ll and 1020-mm and a new section 1020-jj is added 33 to read as follows: 34 § 1020-jj. Renewable energy program. The authority and all load serv- 35 ing entities that secure energy to serve the electrical energy require- 36 ments of end-use customers in its service territory shall comply with 37 the renewable energy program as set forth and defined in section sixty- 38 six-p of the public service law. 39 § 6-a. Subdivision 1 of section 1020-s of the public authorities law, 40 as amended by chapter 415 of the laws of 2017, is amended to read as 41 follows: 42 1. The rates, services and practices relating to the electricity 43 generated by facilities owned or operated by the authority shall not be 44 subject to the provisions of the public service law or to regulation by, 45 or the jurisdiction of, the public service commission, except to the 46 extent (a) article seven of the public service law applies to the siting 47 and operation of a major utility transmission facility as defined there- 48 in, (b) article ten of such law applies to the siting of a generating 49 facility as defined therein, (c) section eighteen-a of such law provides 50 for assessment for certain costs, property or operations, (d) to the 51 extent that the department of public service reviews and makes recommen- 52 dations with respect to the operations and provision of services of, and 53 rates and budgets established by, the authority pursuant to section 54 three-b of such law, [and] (e) that section seventy-four of the public 55 service law applies to qualified energy storage systems within the 56 authority's jurisdiction and (f) that section sixty-six-p of the publicA. 9508--B 121 1 service law applies to the authority and load serving entities that 2 secure energy to serve the electrical energy requirements of end-use 3 customers within the authority's jurisdiction. 4 § 7. The labor law is amended by adding a new article 8-B to read as 5 follows: 6 ARTICLE 8-B 7 LABOR AND JOB STANDARDS AND WORKER PROTECTION 8 Section 228. Labor and job standards and worker protection. 9 § 228. Labor and job standards and worker protection. 1. All state 10 agencies involved in implementing the New York state climate and commu- 11 nity protection act shall assess and implement strategies to increase 12 employment opportunities and improve job quality. Within one hundred 13 twenty days of the effective date of this section, all state agencies, 14 offices, authorities, and divisions shall report to the legislature on: 15 a. steps they will take to ensure compliance with this section; and 16 b. regulations necessary to ensure that they prioritize the statewide 17 goal of creating good jobs and increasing employment opportunities. 18 2. In considering and issuing permits, licenses, regulations, 19 contracts, and other administrative approvals and decisions pursuant to 20 the New York state climate and community protection act, all state agen- 21 cies, offices, authorities, and divisions shall apply the following 22 labor, training, and job quality standards to the following project 23 types: public work; projects in receipt of more than one hundred thou- 24 sand dollars in total financial assistance; or to projects with a total 25 value of more than ten million dollars; and privately-financed projects 26 on public property. 27 a. the payment of no less than prevailing wages for all employees in 28 construction and building, consistent with article eight of the this 29 chapter, and building services, consistent with article nine of this 30 chapter; 31 b. the inclusion of contract language requiring contractors to estab- 32 lish labor harmony policies; dispute resolution mechanisms; prevailing 33 wage compliance; safety policies; workers compensation insurance 34 (including review of contractor experience rating and other factors); 35 and apprenticeship program appropriate for crafts employed. Procurement 36 rules should encourage bundling of small contracts and projects to 37 improve the efficiency of compliance; 38 c. apprenticeship utilization: 39 i. that all contractors and subcontractors, including those that 40 participate in power purchase agreements, energy performance contracts, 41 or other similar programs, participate in apprenticeship programs in the 42 trades in which they are performing work; 43 ii. maximum use of apprentices as per department of labor approved 44 ratios; 45 iii. encouragement of affiliated pre-apprentice direct entry programs, 46 including but not limited to EJM Construction Skills; NYC Helmets to 47 Hardhats, and Nontraditional Employment for Women (NEW) for the recruit- 48 ment of local and/or disadvantaged workers; 49 iv. existing workforce development programs, including those at the 50 New York state energy research and development authority, should be made 51 to conform to these standards. 52 3. The commissioner, the fiscal officer and other relevant agencies 53 shall promulgate such regulations as are necessary to implement and 54 administer compliance with the provisions of this section. The depart- 55 ment and the fiscal officer shall coordinate with organized labor and 56 local and county level governments to implement a system to trackA. 9508--B 122 1 compliance, accept reports of non-compliance for enforcement action, and 2 report annually on the adoption of these standards to the legislature 3 starting one year from the effective date of this section. 4 a. For the purposes of this section, "fiscal officer" shall mean the 5 industrial commissioner, except for construction and building service 6 work performed by or on behalf of a city, in which case "fiscal officer" 7 shall mean the comptroller or other analogous officer of such city. 8 b. The provisions of the contract by the recipient of financial 9 assistance pertaining to prevailing wages are to be considered a 10 contract for the benefit of construction and building service workers, 11 upon which such workers shall have the right to maintain action for the 12 difference between the prevailing wage rate of pay, benefits, and paid 13 leave and the rates of pay, benefits, and paid leave actually received 14 by them, and including attorney's fees. 15 c. i. Where a recipient of financial assistance contracts building 16 service work to a building service contractor, the contractor is held to 17 the same obligations with respect to prevailing wages as the recipient. 18 The recipient must include terms establishing this obligation within any 19 contract signed with a contractor. 20 ii. Where a recipient of financial assistance contracts for 21 construction, excavation, demolition, rehabilitation, repair, reno- 22 vation, alteration or improvement to a subcontractor, the subcontractor 23 is held to the same obligations with respect to prevailing wages as the 24 recipient. The recipient must include terms establishing this obligation 25 within any contract signed with a subcontractor. 26 4. For the purposes of this section "financial assistance" means any 27 provision of public funds to any person, individual, proprietorship, 28 partnership, joint venture, corporation, limited liability company, 29 trust, association, organization, or other entity that receives finan- 30 cial assistance, or any assignee or successor in interest of real prop- 31 erty improved or developed with financial assistance, for economic 32 development within the state, including but not limited to cash payments 33 or grants, bond financing, tax abatements or exemptions, including but 34 not limited to abatements or exemptions from real property, mortgage 35 recording, sales, and use taxes, or the difference between any payments 36 in lieu of taxes and the amount of real property or other taxes that 37 would have been due if the property were not exempted from such taxes, 38 tax increment financing, filing fee waivers, energy cost reductions, 39 environmental remediation costs, write-downs in the market value of 40 buildings or land, or the cost of capital improvements related to real 41 property for which the state would not pay absent the development 42 project, and includes both discretionary and as of right assistance. The 43 provisions of this section shall only apply to projects receiving more 44 than one hundred thousand dollars in total financial assistance, or to 45 projects with a total project value of more than ten million dollars. 46 5. The commissioner shall evaluate whether there are additional stand- 47 ards that could be applied to increase wage and benefit standards or to 48 encourage a safe, well-trained, and adequately compensated workforce. 49 6. Nothing set forth in this section shall be construed to impede, 50 infringe, or diminish the rights and benefits which accrue to employees 51 through bona fide collective bargaining agreements, or otherwise dimin- 52 ish the integrity of the existing collective bargaining relationship. 53 7. Nothing set forth in this section shall preclude a local government 54 from setting additional standards that expand on these state-wide stand- 55 ards.A. 9508--B 123 1 § 8. Report on barriers to, and opportunities for, community ownership 2 of services and commodities in disadvantaged communities. 1. On or 3 before two years of the effective date of this act, the department of 4 environmental conservation, with input from relevant state agencies, the 5 environmental justice advisory group as defined in section 75-0101 of 6 the environmental conservation law, the climate justice working group as 7 defined in section 75-0113 of the environmental conservation law and 8 Climate Action Council established in article 75 of the environmental 9 conservation law, and following at least two public hearings, shall 10 prepare a report on barriers to, and opportunities for, access to or 11 community ownership of the following services and commodities in disad- 12 vantaged communities as identified in article 75 of the environmental 13 conservation law: 14 a. Distributed renewable energy generation. 15 b. Energy efficiency and weatherization investments. 16 c. Zero-emission and low-emission transportation options. 17 d. Adaptation measures to improve the resilience of homes and local 18 infrastructure to the impacts of climate change including but not limit- 19 ed to microgrids. 20 e. Other services and infrastructure that can reduce the risks associ- 21 ated with climate-related hazards, including but not limited to: 22 i. Shelters and cool rooms during extreme heat events; 23 ii. Shelters during flooding events; and 24 iii. Medical treatment for asthma and other conditions that could be 25 exacerbated by climate-related events. 26 2. The report, which shall be submitted to the governor, the speaker 27 of the assembly and the temporary president of the senate and posted on 28 the department of environmental conservation website, shall include 29 recommendations on how to increase access to the services and commod- 30 ities. 31 3. The department of environmental conservation shall amend the scop- 32 ing plan for statewide greenhouse gas emissions reductions in accordance 33 with the recommendations included in the report. 34 § 9. Climate change actions by state agencies. 1. All state agencies 35 shall assess and implement strategies to reduce their greenhouse gas 36 emissions. 37 2. In considering and issuing permits, licenses, and other administra- 38 tive approvals and decisions, including but not limited to the execution 39 of grants, loans, and contracts, all state agencies, offices, authori- 40 ties, and divisions shall consider whether such decisions are inconsist- 41 ent with or will interfere with the attainment of the statewide green- 42 house gas emissions limits established in article 75 of the 43 environmental conservation law. Where such decisions are deemed to be 44 inconsistent with or will interfere with the attainment of the statewide 45 greenhouse gas emissions limits, each agency, office, authority, or 46 division shall provide a detailed statement of justification as to why 47 such limits/criteria may not be met, and identify alternatives or green- 48 house gas mitigation measures to be required where such project is 49 located. 50 3. In considering and issuing permits, licenses, and other administra- 51 tive approvals and decisions, including but not limited to the execution 52 of grants, loans, and contracts, pursuant to article 75 of the environ- 53 mental conservation law, all state agencies, offices, authorities, and 54 divisions shall not disproportionately burden disadvantaged communities 55 as identified pursuant to subdivision 5 of section 75-0101 of the envi- 56 ronmental conservation law. All state agencies, offices, authorities,A. 9508--B 124 1 and divisions shall also prioritize reductions of greenhouse gas emis- 2 sions and co-pollutants in disadvantaged communities as identified 3 pursuant to such subdivision 5 of section 75-0101 of the environmental 4 conservation law. 5 § 10. Authorization for other state agencies to promulgate greenhouse 6 gas emissions regulations. 1. The public service commission, the New 7 York state energy research and development authority, the department of 8 health, the department of transportation, the department of state, the 9 department of economic development, the department of agriculture and 10 markets, the department of financial services, the office of general 11 services, the division of housing and community renewal, the public 12 utility authorities established pursuant to titles 1, 1-A, 1-B, 11, 13 11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and 14 any other state agency may promulgate regulations to contribute to 15 achieving the statewide greenhouse gas emissions limits established in 16 article 75 of the environmental conservation law. Provided, however, any 17 such regulations shall not limit the department of environmental conser- 18 vation's authority to regulate and control greenhouse gas emissions 19 pursuant to article 75 of the environmental conservation law. 20 § 11. Chapter 355 of the laws of 2014, constituting the "community 21 risk and resiliency act", is amended by adding two new sections 17-a and 22 17-b to read as follows: 23 § 17-a. The department of environmental conservation shall take 24 actions to promote adaptation and resilience, including: 25 (a) actions to help state agencies and other entities assess the 26 reasonably foreseeable risks of climate change on any proposed projects, 27 taking into account issues such as: sea level rise, tropical and extra- 28 tropical cyclones, storm surges, flooding, wind, changes in average and 29 peak temperatures, changes in average and peak precipitation, public 30 health impacts, and impacts on species and other natural resources. 31 (b) identifying the most significant climate-related risks, taking 32 into account the probability of occurrence, the magnitude of the poten- 33 tial harm, and the uncertainty of the risk. 34 (c) measures that could mitigate significant climate-related risks, as 35 well as a cost-benefit analysis and implementation of such measures. 36 § 17-b. Major permits for the regulatory programs of subdivision three 37 of section 70-0107 of the environmental conservation law shall require 38 applicants to demonstrate that future physical climate risk has been 39 considered. In reviewing such information the department may require the 40 applicant to mitigate significant risks to public infrastructure and/or 41 services, private property not owned by the applicant, adverse impacts 42 on disadvantaged communities, and/or natural resources in the vicinity 43 of the project. 44 § 12. Nothing in this act shall limit the existing authority of a 45 state entity to adopt and implement greenhouse gas emissions reduction 46 measures. 47 § 13. Nothing in this act shall relieve any person, entity, or public 48 agency of compliance with other applicable federal, state, or local laws 49 or regulations, including state air and water quality requirements, and 50 other requirements for protecting public health or the environment. 51 § 14. Review under this act may be had in a proceeding under article 52 78 of the civil practice law and rules at the instance of any person 53 aggrieved. 54 § 15. Severability. If any word, phrase, clause, sentence, paragraph, 55 section, or part of this act shall be adjudged by any court of competent 56 jurisdiction to be invalid, such judgement shall not affect, impair, orA. 9508--B 125 1 invalidate the remainder thereof, but shall be confined in its operation 2 to the word, phrase, clause, sentence, paragraph, section, or part ther- 3 eof directly involved in the controversy in which such judgement shall 4 have been rendered. 5 § 16. This act shall take effect on the same date and in the same 6 manner as a chapter of the laws of 2018, amending the environmental 7 conservation law, relating to establishing a permanent environmental 8 justice advisory group and an environmental justice interagency coordi- 9 nating council, as proposed in legislative bills numbers A.2234 and 10 S.3110, takes effect; provided further, the provisions of section seven 11 of this act shall take effect on the one hundred eightieth day after it 12 shall have become a law and shall apply to any grants, loans, and 13 contracts and financial assistance awarded or renewed on or after such 14 effective date. 15 PART RR 16 Section 1. Declaration of legislative intent and findings. The legis- 17 lature finds and declares that it is in the public interest of the state 18 of New York for architectural paint producers to finance and manage an 19 environmentally sound, cost-effective architectural paint stewardship 20 program, undertaking responsibility for the development and implementa- 21 tion of strategies to reduce the generation of post-consumer architec- 22 tural paint, promote the reuse of post-consumer architectural paint and 23 collect, transport and process post-consumer architectural paint for 24 end-of-product-life management, including reuse and recycling. 25 § 2. Article 27 of the environmental conservation law is amended by 26 adding a new title 20 to read as follows: 27 TITLE 20 28 PAINT STEWARDSHIP PROGRAM 29 Section 27-2001. Short title. 30 27-2003. Declaration of policy. 31 27-2005. Definitions. 32 27-2007. Producer collection. 33 27-2009. Producer registration and responsibilities. 34 27-2011. Retailer requirements. 35 27-2013. Department responsibilities. 36 27-2015. Reporting requirements. 37 27-2017. Collective participation. 38 § 27-2001. Short title. 39 This title shall be known as and may be cited as the "New York state 40 paint stewardship program". 41 § 27-2003. Declaration of policy. 42 It is hereby declared to be the public policy of the state of New York 43 to promote the development and implementation of strategies to reduce 44 the generation of post-consumer architectural paint, to encourage the 45 reuse of post-consumer architectural paint, and to maximize the 46 collection, transport, and process of post-consumer architectural paint 47 for end-of-product-life management. 48 § 27-2005. Definitions. 49 When used in this title: 50 1. "architectural paint" means interior and exterior architectural 51 coatings sold in containers of five gallons or less. Architectural paint 52 does not mean industrial, original equipment or specialty coatings. 53 2. "consumer" means a person located in the state who owns or uses 54 architectural paint, including but not limited to an individual, a busi-A. 9508--B 126 1 ness, corporation, limited partnership, not-for-profit organization, or 2 governmental entity, but does not include an entity involved in a whole- 3 sale transaction between a distributor and retailer. 4 3. "distributor" means a company that has a contractual relationship 5 with one or more producers to market and sell architectural paint to 6 retailers in this state. 7 4. "post-consumer architectural paint" means architectural paint not 8 used and no longer wanted by its purchaser. 9 5. "producer" means a person that manufactures architectural paint 10 that is sold or offered for sale in this state. 11 6. "recycling" means any process by which discarded products, compo- 12 nents and by-products are transformed into new usable or marketable 13 materials in a manner in which the products may lose their original 14 composition. Recycling does not include energy recovery or energy gener- 15 ation by means of combusting discarded products, components and by-pro- 16 ducts with or without other waste products from post-consumer architec- 17 tural paint. 18 7. "retailer" means any person that sells or offers for sale architec- 19 tural paint at retail in this state. 20 8. "reuse" means the return of a product into the economic stream for 21 use in the same kind of application intended for the use of the product, 22 without a change in the product's original composition. 23 9. "sell" or "sale" means any transfer of title for consideration, 24 including remote sales conducted through sales outlets, catalogs or the 25 internet or through any other similar electronic means. 26 § 27-2007. Producer collection. 27 Beginning December thirty-first, two thousand nineteen, a producer 28 shall accept for disposal and recycling or reuse post-consumer architec- 29 tural paint. 30 § 27-2009. Producer registration and responsibilities. 31 1. A producer shall individually or cooperatively with one or more 32 other producers, submit a registration to the department by July first, 33 two thousand nineteen, along with a registration fee of five thousand 34 dollars. Such registration shall include: 35 (a) the producer's name, address, and telephone number; 36 (b) the name and title of an officer, director, or other individual 37 designated as the producer's contact for purposes of this title; 38 (c) a list identifying the producer's brands; 39 (d) a general description of the manner in which the producer will 40 comply with section 27-2007 of this title, including specific informa- 41 tion on the producer's architectural paint acceptance program in the 42 state, intended treatment, storage, transportation and disposal options 43 and a current list of locations within the state where consumers may 44 return architectural paint; 45 (e) targeted annual collection rates; 46 (f) educational and outreach program that will be implemented to 47 inform consumers and retailers of the program and how to participate; 48 and 49 (g) any other information as the department may require. 50 2. A producer's registration shall be updated within thirty days of 51 any material change to the information required by the registration. 52 3. Any person who becomes a producer on or after January first, two 53 thousand twenty shall register with the department prior to selling or 54 offering for sale in the state any architectural paint, and must comply 55 with the requirements of this title.A. 9508--B 127 1 4. No later than January first, two thousand twenty, a producer shall 2 not sell or offer for sale architectural paint in the state unless the 3 producer has registered with the department and maintains an architec- 4 tural paint acceptance program through which the producer, either 5 directly or through an agent or designee, accepts architectural paint 6 from consumers in the state for disposal, reuse or recycling. The 7 producer shall ensure that retailers are notified of such registration. 8 The producer shall not impose a fee on consumers for the collection, 9 handling and recycling or reuse of architectural paint. 10 5. The architectural paint acceptance program shall include, at a 11 minimum: 12 (a) collection, disposal and recycling or reuse of architectural paint 13 produced by the producer and offered for return by any consumer in this 14 state, free of cost and in a manner convenient to consumers. The follow- 15 ing acceptance methods shall be considered reasonably convenient: (i) 16 collection or acceptance events conducted by the producer or the produc- 17 er's agent or designee, including events conducted through local govern- 18 ments or private parties; (ii) fixed acceptance locations such as dedi- 19 cated acceptance sites operated by the producer or its agent or 20 designee; (iii) agreements with local governments, retail stores, sales 21 outlets and not-for-profit organizations which have agreed to provide 22 facilities for the collection of architectural paint; (iv) community 23 collection events; and (v) any combination of these or other acceptance 24 methods which effectively provide for the acceptance of architectural 25 paint for recycling or reuse through means that are available and 26 reasonably convenient to consumers in the state. At a minimum, the 27 producer shall ensure that all counties of the state and all munici- 28 palities which have a population of ten thousand or greater have at 29 least one permanent collection site and one additional permanent 30 collection site for every thirty thousand people located in those areas, 31 unless otherwise approved by the department, or unless the producer is a 32 small business taxpayer as defined in paragraph (f) of subdivision one 33 of section two hundred ten of the tax law. Such producers shall conduct 34 no less than one collection event annually. The department may estab- 35 lish additional requirements to ensure convenient collection from 36 consumers; 37 (b) a public education program to inform consumers about the produc- 38 er's architectural paint acceptance program, including at a minimum an 39 internet website and a toll-free telephone number and written informa- 40 tion included in the package for, or at the time of sale of, architec- 41 tural paint that provides sufficient information to allow a consumer of 42 architectural paint to learn how to return such paint for disposal, 43 recycling or reuse; and 44 (c) any other information as required by the department in accordance 45 with regulations promulgated pursuant to this article. 46 6. A producer shall maintain records demonstrating compliance with the 47 provisions of this title and make them available for audit and 48 inspection by the department for a period of three years. 49 7. A producer may satisfy the architectural paint collection require- 50 ments of this section by agreeing to participate in a collective archi- 51 tectural paint acceptance program with other producers. Any such collec- 52 tive architectural paint acceptance program shall meet the same 53 requirements as an individual producer. Any architectural acceptance 54 program shall include a list of producers that are participating in such 55 program along with other identifying information as may be required byA. 9508--B 128 1 the department. Such program shall submit a registration to the depart- 2 ment along with a registration fee of ten thousand dollars. 3 8. A producer shall be responsible for all costs associated with the 4 implementation of the architectural paint acceptance program. 5 § 27-2011. Retailer requirements. 6 1. At the location of sale of architectural paint, a retailer shall 7 provide purchasers of architectural paint with information about oppor- 8 tunities for the return of architectural paint that has been provided to 9 the retailer by a producer. 10 2. No later than July first, two thousand twenty no retailer shall 11 sell or offer for sale in the state any architectural paint unless the 12 producer and the producer's brands are registered with the department 13 pursuant to section 27-2009 of this title. 14 § 27-2013. Department responsibilities. 15 1. The department shall promulgate all necessary rules and regulations 16 including, but not limited to, standards for reuse. 17 2. The department shall (a) maintain a list of producers who are 18 registered pursuant to section 27-2009 of this title, (b) maintain a 19 list of each such producer's brands, and (c) post such lists on the 20 department's website. 21 § 27-2015. Reporting requirements. 22 1. Beginning March first, two thousand twenty-one, for the previous 23 calendar year and annually thereafter, a producer that offers architec- 24 tural paint for sale in this state shall submit a report to the depart- 25 ment on a form prescribed by the department that includes the following: 26 (a) the quantity of architectural paint collected for disposal, recy- 27 cling or reuse in this state during the preceding calendar year and the 28 methods used to accept such paint and the approximate weight and volume 29 of architectural paint accepted by each method used to the extent known; 30 (b) information detailing the acceptance methods made available to 31 consumers; 32 (c) a brief description of its public education program and samples of 33 any materials, the number of visits to the internet website and calls to 34 the toll-free telephone number provided by the producer as required by 35 section 27-2009 of this title; 36 (d) any other information as required by the department; and 37 (e) a signature by an officer, director, or other individual affirming 38 the accuracy of the report. 39 2. The report shall be accompanied by an annual reporting fee of three 40 thousand dollars. 41 3. The department shall submit a report regarding the implementation 42 of this title in this state to the governor and legislature by April 43 first, two thousand twenty-one and every two years thereafter. The 44 report must include, at a minimum, an evaluation of: 45 (a) the architectural paint stream in the state; 46 (b) disposal, recycling and reuse rates in the state for architectural 47 paint; 48 (c) a discussion of compliance and enforcement related to the require- 49 ments of this title; and 50 (d) recommendations for any changes to this title. 51 § 27-2017. Collective participation. 52 A producer may satisfy the requirements of this article by agreeing to 53 participate in a collective acceptance program with any other producer 54 or producers. Any such collective acceptance program must meet the same 55 requirements as an individual producer. Any collective acceptance 56 program must include a list of producers that are participating in suchA. 9508--B 129 1 program along with other identifying information as may be required by 2 the department. Such program shall submit a registration to the depart- 3 ment along with a registration fee of ten thousand dollars. 4 § 3. This act shall take effect immediately. 5 PART SS 6 Section 1. Paragraph 1 of subdivision (b) of section 306 of the busi- 7 ness corporation law, as amended by chapter 419 of the laws of 1990, is 8 amended to read as follows: 9 (1) Service of process on the secretary of state as agent of a domes- 10 tic or authorized foreign corporation shall be made by personally deliv- 11 ering to and leaving with the secretary of state or a deputy, or with 12 any person authorized by the secretary of state to receive such service, 13 at the office of the department of state in either the city of Albany or 14 New York, duplicate copies of such process together with the statutory 15 fee, which fee shall be a taxable disbursement. Service of process on 16 such corporation shall be complete when the secretary of state is so 17 served. The secretary of state shall promptly send one of such copies by 18 certified mail, return receipt requested, to such corporation, at the 19 post office address, on file in the department of state, specified for 20 the purpose. If a domestic or authorized foreign corporation has no such 21 address on file in the department of state, the secretary of state shall 22 so mail such copy, in the case of a domestic corporation, in care of any 23 director named in its certificate of incorporation at the director's 24 address stated therein or, in the case of an authorized foreign corpo- 25 ration, to such corporation at the address of its office within this 26 state on file in the department. 27 § 2. The executive law is amended by adding a new section 92-a to read 28 as follows: 29 § 92-a. Service of process. In any case in which service of process on 30 the secretary of state as agent or attorney of an organization, associ- 31 ation, partnership, corporation, company, trust or other person or enti- 32 ty is authorized by law at the office of the department of state in the 33 city of Albany, service of process on the secretary of state may be made 34 by personal delivery to the secretary of state or a deputy, or any 35 person authorized by the secretary of state to receive such service, at 36 the office of the department of state in the city of New York. The 37 secretary of state shall so authorize appropriate persons at such 38 office. 39 § 3. Subdivision 2 of section 172-c of the executive law, as amended 40 by chapter 43 of the laws of 2002, is amended to read as follows: 41 2. Service of such process upon the secretary of state shall be made 42 by personally delivering to and leaving with the secretary of state or 43 any person authorized by the secretary of state to accept such service a 44 copy thereof at the office of the department of state in either the city 45 of Albany or New York, and such service shall be sufficient service 46 provided that notice of such service and a copy of such process are 47 forthwith sent by the attorney general or any other party to such chari- 48 table organization by certified mail with return receipt requested, at 49 its office as set forth in the registration form required to be filed 50 with the attorney general pursuant to section one hundred seventy-two of 51 this article, or in default of the filing of such form, at the last 52 address known to the attorney general or any other party. Service of 53 such process shall be complete upon the receipt by the attorney general 54 or any other party of a return receipt purporting to be signed by theA. 9508--B 130 1 addressee or a person qualified to receive its certified mail, in 2 accordance with the rules and customs of the post office department, or, 3 if acceptance was refused by the addressee or its agent, ten days after 4 the return to the attorney general or any other party of a notation by 5 the postal authorities that receipt thereof was refused. 6 § 4. Subdivision 2 of section 173-c of the executive law, as amended 7 by chapter 43 of the laws of 2002, is amended to read as follows: 8 2. Service of such process or notice upon the secretary of state shall 9 be made by personally delivering to and leaving with the secretary of 10 state or any person authorized by the secretary of state to accept such 11 service a copy thereof at the office of the department of state in 12 either the city of Albany or New York, and such service shall be suffi- 13 cient service provided that notice of such service and a copy of such 14 process are forthwith sent by the attorney general or other party as the 15 case may be to such professional fund raiser, fund raising counsel, 16 professional solicitor or commercial co-venturer by certified mail with 17 return receipt requested, at the office address as set forth in the 18 registration form required to be filed with the attorney general pursu- 19 ant to sections one hundred seventy-three and one hundred 20 seventy-three-b of this article, or in default of the filing of such 21 form, at the last address known to the attorney general or other party. 22 Service of such process shall be complete ten days after the receipt by 23 the attorney general or other party of a return receipt purporting to be 24 signed by the addressee or a person qualified to receive the addressee's 25 certified mail, in accordance with the rules and customs of the post 26 office department, or, if acceptance was refused by the addressee or the 27 agent, ten days after the return to the attorney general or other party 28 of the original envelope bearing a notation by the postal authorities 29 that receipt thereof was refused. 30 § 5. Section 19 of the general associations law, as amended by chapter 31 166 of the laws of 1991, is amended to read as follows: 32 § 19. Service of process. Service of process against an association 33 upon the secretary of state shall be made by personally delivering to 34 and leaving with him or a deputy secretary of state or an associate 35 attorney, senior attorney or attorney in the corporation division of the 36 department of state, duplicate copies of such process at the office of 37 the department of state in either the city of Albany or New York. At the 38 time of such service the plaintiff shall pay a fee of forty dollars to 39 the secretary of state which shall be a taxable disbursement. If the 40 cost of registered mail for transmitting a copy of the process shall 41 exceed two dollars, an additional fee equal to such excess shall be paid 42 at the time of the service of such process. The secretary of state shall 43 forthwith send by registered mail one of such copies to the association 44 at the address fixed for that purpose, as herein provided. If the action 45 or proceeding is instituted in a court of limited jurisdiction, service 46 of process may be made in the manner provided in this section if the 47 cause of action arose within the territorial jurisdiction of the court 48 and the office of the defendant, as set forth in its statement filed 49 pursuant to section eighteen of this chapter, is within such territorial 50 jurisdiction. 51 § 6. Subdivision (b) of section 304 of the limited liability company 52 law is amended to read as follows: 53 (b) Service of such process upon the secretary of state shall be made 54 by personally delivering to and leaving with the secretary of state or 55 his or her deputy, or with any person authorized by the secretary of 56 state to receive such service, at the office of the department of stateA. 9508--B 131 1 in either the city of Albany or New York, a copy of such process togeth- 2 er with the statutory fee, which fee shall be a taxable disbursement. 3 § 7. Paragraph (b) of section 306 of the not-for-profit corporation 4 law, as amended by chapter 23 of the laws of 2014, is amended to read as 5 follows: 6 (b) Service of process on the secretary of state as agent of a domes- 7 tic corporation formed under article four of this chapter or an author- 8 ized foreign corporation shall be made by personally delivering to and 9 leaving with the secretary of state or his or her deputy, or with any 10 person authorized by the secretary of state to receive such service, at 11 the office of the department of state in either the city of Albany or 12 New York, duplicate copies of such process together with the statutory 13 fee, which fee shall be a taxable disbursement. Service of process on 14 such corporation shall be complete when the secretary of state is so 15 served. The secretary of state shall promptly send one of such copies 16 by certified mail, return receipt requested, to such corporation, at the 17 post office address, on file in the department of state, specified for 18 the purpose. If a domestic corporation formed under article four of this 19 chapter or an authorized foreign corporation has no such address on file 20 in the department of state, the secretary of state shall so mail such 21 copy to such corporation at the address of its office within this state 22 on file in the department. 23 § 8. The opening paragraph of paragraph 2 of subdivision (e) of 24 section 121-104-A of the partnership law, as added by chapter 448 of the 25 laws of 1998, is amended to read as follows: 26 Service of such process upon the secretary of state shall be made by 27 personally delivering to and leaving with him or his deputy, or with any 28 person authorized by the secretary of state to receive such service, at 29 the office of the department of state in either the city of Albany or 30 New York, a copy of such process together with the statutory fee, which 31 fee shall be a taxable disbursement. Such service shall be sufficient if 32 notice thereof and a copy of the process are: 33 § 9. Paragraph 1 of subdivision (a) of section 121-109 of the partner- 34 ship law, as added by chapter 950 of the laws of 1990 and relettered by 35 chapter 341 of the laws of 1999, is amended to read as follows: 36 (1) By personally delivering to and leaving with him or his deputy, or 37 with any person authorized by the secretary of state to receive such 38 service, at the office of the department of state in either the city of 39 Albany or New York, duplicate copies of such process together with the 40 statutory fee, which fee shall be a taxable disbursement. 41 § 10. Subdivision (a) of section 121-1505 of the partnership law, as 42 added by chapter 470 of the laws of 1997, is amended to read as follows: 43 (a) Service of process on the secretary of state as agent of a regis- 44 tered limited liability partnership under this article shall be made by 45 personally delivering to and leaving with the secretary of state or a 46 deputy, or with any person authorized by the secretary of state to 47 receive such service, at the office of the department of state in either 48 the city of Albany or New York, duplicate copies of such process togeth- 49 er with the statutory fee, which fee shall be a taxable disbursement. 50 Service of process on such registered limited liability partnership 51 shall be complete when the secretary of state is so served. The secre- 52 tary of state shall promptly send one of such copies by certified mail, 53 return receipt requested, to such registered limited liability partner- 54 ship, at the post office address on file in the department of state 55 specified for such purpose.A. 9508--B 132 1 § 11. The opening paragraph of paragraph 2 of subdivision (f) of 2 section 121-1506 of the partnership law, as added by chapter 448 of the 3 laws of 1998, is amended to read as follows: 4 Service of such process upon the secretary of state shall be made by 5 personally delivering to and leaving with him or his deputy, or with any 6 person authorized by the secretary of state to receive such service, at 7 the office of the department of state in either the city of Albany or 8 New York, a copy of such process together with the statutory fee, which 9 fee shall be a taxable disbursement. Such service shall be sufficient if 10 notice thereof and a copy of the process are: 11 § 12. Subdivision 2 of section 203 of the tax law, as amended by chap- 12 ter 100 of the laws of 1964, is amended to read as follows: 13 2. Every foreign corporation (other than a moneyed corporation) 14 subject to the provisions of this article, except a corporation having a 15 certificate of authority under former section two hundred twelve of the 16 general corporation law or having authority to do business by virtue of 17 section thirteen hundred five of the business corporation law, shall 18 file in the department of state a certificate of designation in its 19 corporate name, signed and acknowledged by its president or a vice-pre- 20 sident or its secretary or treasurer, under its corporate seal, desig- 21 nating the secretary of state as its agent upon whom process in any 22 action provided for by this article may be served within this state, and 23 setting forth an address to which the secretary of state shall mail a 24 copy of any such process against the corporation which may be served 25 upon him. In case any such corporation shall have failed to file such 26 certificate of designation, it shall be deemed to have designated the 27 secretary of state as its agent upon whom such process against it may be 28 served; and until a certificate of designation shall have been filed the 29 corporation shall be deemed to have directed the secretary of state to 30 mail copies of process served upon him to the corporation at its last 31 known office address within or without the state. When a certificate of 32 designation has been filed by such corporation the secretary of state 33 shall mail copies of process thereafter served upon him to the address 34 set forth in such certificate. Any such corporation, from time to time, 35 may change the address to which the secretary of state is directed to 36 mail copies of process, by filing a certificate to that effect executed, 37 signed and acknowledged in like manner as a certificate of designation 38 as herein provided. Service of process upon any such corporation or 39 upon any corporation having a certificate of authority under former 40 section two hundred twelve of the general corporation law or having 41 authority to do business by virtue of section thirteen hundred five of 42 the business corporation law, in any action commenced at any time pursu- 43 ant to the provisions of this article, may be made by either (1) 44 personally delivering to and leaving with the secretary of state, a 45 deputy secretary of state or with any person authorized by the secretary 46 of state to receive such service duplicate copies thereof at the office 47 of the department of state in either the city of Albany or New York, in 48 which event the secretary of state shall forthwith send by registered 49 mail, return receipt requested, one of such copies to the corporation at 50 the address designated by it or at its last known office address within 51 or without the state, or (2) personally delivering to and leaving with 52 the secretary of state, a deputy secretary of state or with any person 53 authorized by the secretary of state to receive such service, a copy 54 thereof at the office of the department of state in either the city of 55 Albany or New York and by delivering a copy thereof to, and leaving such 56 copy with, the president, vice-president, secretary, assistant secre-A. 9508--B 133 1 tary, treasurer, assistant treasurer, or cashier of such corporation, or 2 the officer performing corresponding functions under another name, or a 3 director or managing agent of such corporation, personally without the 4 state. Proof of such personal service without the state shall be filed 5 with the clerk of the court in which the action is pending within thirty 6 days after such service, and such service shall be complete ten days 7 after proof thereof is filed. 8 § 13. Section 216 of the tax law, as added by chapter 415 of the laws 9 of 1944, the opening paragraph as amended by chapter 100 of the laws of 10 1964 and redesignated by chapter 613 of the laws of 1976, is amended to 11 read as follows: 12 § 216. Collection of taxes. Every foreign corporation (other than a 13 moneyed corporation) subject to the provisions of this article, except a 14 corporation having a certificate of authority under former section two 15 hundred twelve of the general corporation law or having authority to do 16 business by virtue of section thirteen hundred five of the business 17 corporation law, shall file in the department of state a certificate of 18 designation in its corporate name, signed and acknowledged by its presi- 19 dent or a vice-president or its secretary or treasurer, under its corpo- 20 rate seal, designating the secretary of state as its agent upon whom 21 process in any action provided for by this article may be served within 22 this state, and setting forth an address to which the secretary of state 23 shall mail a copy of any such process against the corporation which may 24 be served upon him. In case any such corporation shall have failed to 25 file such certificate of designation, it shall be deemed to have desig- 26 nated the secretary of state as its agent upon whom such process against 27 it may be served; and until a certificate of designation shall have been 28 filed the corporation shall be deemed to have directed the secretary of 29 state to mail copies of process served upon him to the corporation at 30 its last known office address within or without the state. When a 31 certificate of designation has been filed by such corporation the secre- 32 tary of state shall mail copies of process thereafter served upon him to 33 the address set forth in such certificate. Any such corporation, from 34 time to time, may change the address to which the secretary of state is 35 directed to mail copies of process, by filing a certificate to that 36 effect executed, signed and acknowledged in like manner as a certificate 37 of designation as herein provided. Service of process upon any such 38 corporation or upon any corporation having a certificate of authority 39 under former section two hundred twelve of the general corporation law 40 or having authority to do business by virtue of section thirteen hundred 41 five of the business corporation law, in any action commenced at any 42 time pursuant to the provisions of this article, may be made by either 43 (1) personally delivering to and leaving with the secretary of state, a 44 deputy secretary of state or with any person authorized by the secretary 45 of state to receive such service duplicate copies thereof at the office 46 of the department of state in either the city of Albany or New York, in 47 which event the secretary of state shall forthwith send by registered 48 mail, return receipt requested, one of such copies to the corporation at 49 the address designated by it or at its last known office address within 50 or without the state, or (2) personally delivering to and leaving with 51 the secretary of state, a deputy secretary of state or with any person 52 authorized by the secretary of state to receive such service, a copy 53 thereof at the office of the department of state in either the city of 54 Albany or New York and by delivering a copy thereof to, and leaving such 55 copy with, the president, vice-president, secretary, assistant secre- 56 tary, treasurer, assistant treasurer, or cashier of such corporation, orA. 9508--B 134 1 the officer performing corresponding functions under another name, or a 2 director or managing agent of such corporation, personally without the 3 state. Proof of such personal service without the state shall be filed 4 with the clerk of the court in which the action is pending within thirty 5 days after such service, and such service shall be complete ten days 6 after proof thereof is filed. 7 § 14. Subdivision (b) of section 310 of the tax law, as added by chap- 8 ter 400 of the laws of 1983, is amended to read as follows: 9 (b) Service of process.--Service of process upon any petroleum busi- 10 ness which is a corporation (including any such petroleum business 11 having a certificate of authority under former section two hundred 12 twelve of the general corporation law or having authority to do business 13 by virtue of section thirteen hundred five of the business corporation 14 law), in any action commenced at any time pursuant to the provisions of 15 this article, may be made by either (1) personally delivering to and 16 leaving with the secretary of state, a deputy secretary of state or with 17 any person authorized by the secretary of state to receive such service 18 duplicate copies thereof at the office of the department of state in 19 either the city of Albany or New York, in which event the secretary of 20 state shall forthwith send by registered mail, return receipt requested, 21 one of such copies to such petroleum business at the address designated 22 by it or at its last known office address within or without the state, 23 or (2) personally delivering to and leaving with the secretary of state, 24 a deputy secretary of state or with any person authorized by the secre- 25 tary of state to receive such service, a copy thereof at the office of 26 the department of state in either the city of Albany or New York and by 27 delivering a copy thereof to, and leaving such copy with, the president, 28 vice-president, secretary, assistant secretary, treasurer, assistant 29 treasurer, or cashier of such petroleum business, or the officer 30 performing corresponding functions under another name, or a director or 31 managing agent of such petroleum business, personally without the state. 32 Proof of such personal service without the state shall be filed with the 33 clerk of the court in which the action is pending within thirty days 34 after such service, and such service shall be complete ten days after 35 proof thereof is filed. 36 § 15. Subdivision 5 of section 511 of the tax law, as amended by 37 section 7 of part E of chapter 60 of the laws of 2007, is amended to 38 read as follows: 39 5. The operation by a nonresident of a vehicular unit in this state or 40 the operation in this state of a motor vehicle, trailer, semi-trailer, 41 dolly or other device owned by a nonresident shall be deemed equivalent 42 to an appointment by such nonresident of the secretary of state to be 43 his true and lawful attorney upon whom may be served the process in any 44 action or proceeding against him growing out of any liability for fees, 45 taxes, penalties or interest under this article and such operation shall 46 be deemed a signification of his agreement that any such process against 47 him which is so served shall be of the same legal force and validity as 48 if served on him personally within the state and within the territorial 49 jurisdiction of the court from which the process issues. Service of 50 process shall be made by either (1) personally delivering to and leaving 51 with the secretary of state or a deputy secretary of state duplicate 52 copies thereof at the office of the department of state in either the 53 city of Albany or New York, in which event the secretary of state shall 54 forthwith send by registered mail one of such copies to the person at 55 the address designated by him in his application for a certificate of 56 registration under this article or in the last return filed by him underA. 9508--B 135 1 this article or as shown on the records of the commissioner, or if no 2 application has been filed, at his last known office address within or 3 without the state, or (2) personally delivering to and leaving with the 4 secretary of state or a deputy secretary of state a copy thereof at the 5 office of the department of state in either the city of Albany or New 6 York and by delivering a copy thereof to the person, personally without 7 the state. Proof of such personal service without the state shall be 8 filed with the clerk of the court in which the process is pending within 9 thirty days after such service and such service shall be complete ten 10 days after proof thereof is filed. 11 § 16. The opening paragraph of paragraph 2 of subdivision (e) of 12 section 301-A of the limited liability company law, as added by chapter 13 448 of the laws of 1998, is amended to read as follows: 14 Service of such process upon the secretary of state shall be made by 15 personally delivering to and leaving with him or his deputy, or with any 16 person authorized by the secretary of state to receive such service, at 17 the office of the department of state in either the city of Albany or 18 New York, a copy of such process together with the statutory fee, which 19 fee shall be a taxable disbursement. Such service shall be sufficient if 20 notice thereof and a copy of the process are: 21 § 17. Subdivision (a) of section 303 of the limited liability company 22 law, as relettered by chapter 341 of the laws of 1999, is amended to 23 read as follows: 24 (a) Service of process on the secretary of state as agent of a domes- 25 tic limited liability company or authorized foreign limited liability 26 company shall be made by personally delivering to and leaving with the 27 secretary of state or his or her deputy, or with any person authorized 28 by the secretary of state to receive such service, at the office of the 29 department of state in either the city of Albany or New York, duplicate 30 copies of such process together with the statutory fee, which fee shall 31 be a taxable disbursement. Service of process on such limited liability 32 company shall be complete when the secretary of state is so served. The 33 secretary of state shall promptly send one of such copies by certified 34 mail, return receipt requested, to such limited liability company at the 35 post office address on file in the department of state specified for 36 that purpose. 37 § 18. The opening paragraph of paragraph (b) of section 307 of the 38 not-for-profit corporation law, is amended to read as follows: 39 Service of such process upon the secretary of state shall be made by 40 personally delivering to and leaving with him or his deputy, or with any 41 person authorized by the secretary of state to receive such service, at 42 the office of the department of state in either the city of Albany or 43 New York, a copy of such process together with the statutory fee, which 44 fee shall be a taxable disbursement. Such service shall be sufficient if 45 notice thereof and a copy of the process are: 46 § 19. The opening paragraph of paragraph 2 of subdivision (e) of 47 section 306-a of the business corporation law, as added by chapter 469 48 of the laws of 1997, is amended to read as follows: 49 Service of such process upon the secretary of state shall be made by 50 personally delivering to and leaving with him or his deputy, or with any 51 person authorized by the secretary of state to receive such service, at 52 the office of the department of state in either the city of Albany or 53 New York, a copy of such process together with the statutory fee, which 54 fee shall be a taxable disbursement. Such service shall be sufficient if 55 notice thereof and a copy of the process are:A. 9508--B 136 1 § 20. The opening paragraph of subdivision (b) of section 307 of the 2 business corporation law is amended to read as follows: 3 Service of such process upon the secretary of state shall be made by 4 personally delivering to and leaving with him or his deputy, or with any 5 person authorized by the secretary of state to receive such service, at 6 the office of the department of state in either the city of Albany or 7 New York, a copy of such process together with the statutory fee, which 8 fee shall be a taxable disbursement. Such service shall be sufficient if 9 notice thereof and a copy of the process are: 10 § 21. Section 11-609 of the administrative code of the city of New 11 York is amended to read as follows: 12 § 11-609 Collection of taxes. Every foreign corporation (other than a 13 moneyed corporation) subject to the provisions of this subchapter, 14 except a corporation having authority to do business by virtue of 15 section thirteen hundred five of the business corporation law, shall 16 file in the department of state a certificate of designation in its 17 corporate name, signed and acknowledged by its president or a vice-pre- 18 sident or its secretary or treasurer, under its corporate seal, desig- 19 nating the secretary of state as its agent upon whom process in any 20 action provided for by this subchapter may be served within this state, 21 and setting forth an address to which the secretary of state shall mail 22 a copy of any such process against the corporation which may be served 23 upon the secretary of state. In case any such corporation shall have 24 failed to file such certificate of designation, it shall be deemed to 25 have designated the secretary of state as its agent upon whom such proc- 26 ess against it may be served; and until a certificate of designation 27 shall have been filed the corporation shall be deemed to have directed 28 the secretary of state to mail copies of process served upon him or her 29 to the corporation at its last known office address within or without 30 the state. When a certificate of designation has been filed by such 31 corporation the secretary of state shall mail copies of process there- 32 after served upon the secretary of state to the address set forth in 33 such certificate. Any such corporation, from time to time, may change 34 the address to which the secretary of state is directed to mail copies 35 of process, by filing a certificate to that effect executed, signed and 36 acknowledged in like manner as a certificate of designation as herein 37 provided. Service of process upon any such corporation or upon any 38 corporation having a certificate of authority under former section two 39 hundred twelve of the general corporation law or having authority to do 40 business by virtue of section thirteen hundred five of the business 41 corporation law, in any action commenced at any time pursuant to the 42 provisions of this subchapter, may be made by either: (a) personally 43 delivering to and leaving with the secretary of state, a deputy secre- 44 tary of state or with any person authorized by the secretary of state to 45 receive such service duplicate copies thereof at the office of the 46 department of state in either the city of Albany or New York, in which 47 event the secretary of state shall forthwith send by registered mail, 48 return receipt requested, one of such copies to the corporation at the 49 address designated by it or at its last known office address within or 50 without the state, or (b) personally delivering to and leaving with the 51 secretary of state, a deputy secretary of state or with any person 52 authorized by the secretary of state to receive such service, a copy 53 thereof at the office of the department of state in either the city of 54 Albany or New York and by delivering a copy thereof to, and leaving such 55 copy with, the president, vice-president, secretary, assistant secre- 56 tary, treasurer, assistant treasurer, or cashier of such corporation, orA. 9508--B 137 1 the officer performing corresponding functions under another name, or a 2 director or managing agent of such corporation, personally without the 3 state. Proof of such personal service without the state shall be filed 4 with the clerk of the court in which the action is pending within thirty 5 days after such service, and such service shall be complete ten days 6 after proof thereof is filed. 7 § 22. Section 11-659 of the administrative code of the city of New 8 York, as added by section 1 of part D of chapter 60 of the laws of 2015, 9 is amended to read as follows: 10 § 11-659 Collection of taxes. Every foreign corporation (other than a 11 moneyed corporation) subject to the provisions of this subchapter, 12 except a corporation having authority to do business by virtue of 13 section thirteen hundred five of the business corporation law, shall 14 file in the department of state a certificate of designation in its 15 corporate name, signed and acknowledged by its president or a vice-pre- 16 sident or its secretary or treasurer, under its corporate seal, desig- 17 nating the secretary of state as its agent upon whom process in any 18 action provided for by this subchapter may be served within this state, 19 and setting forth an address to which the secretary of state shall mail 20 a copy of any such process against the corporation which may be served 21 upon the secretary of state. In case any such corporation shall have 22 failed to file such certificate of designation, it shall be deemed to 23 have designated the secretary of state as its agent upon whom such proc- 24 ess against it may be served; and until a certificate of designation 25 shall have been filed the corporation shall be deemed to have directed 26 the secretary of state to mail copies of process served upon him or her 27 to the corporation at its last known office address within or without 28 the state. When a certificate of designation has been filed by such 29 corporation the secretary of state shall mail copies of process there- 30 after served upon the secretary of state to the address set forth in 31 such certificate. Any such corporation, from time to time, may change 32 the address to which the secretary of state is directed to mail copies 33 of process, by filing a certificate to that effect executed, signed and 34 acknowledged in like manner as a certificate of designation as herein 35 provided. Service of process upon any such corporation or upon any 36 corporation having a certificate of authority under section eight 37 hundred five of the limited liability company law or having authority to 38 do business by virtue of section thirteen hundred five of the business 39 corporation law, in any action commenced at any time pursuant to the 40 provisions of this subchapter, may be made by either: (a) personally 41 delivering to and leaving with the secretary of state, a deputy secre- 42 tary of state or with any person authorized by the secretary of state to 43 receive such service duplicate copies thereof at the office of the 44 department of state in either the city of Albany or New York, in which 45 event the secretary of state shall forthwith send by registered mail, 46 return receipt requested, one of such copies to the corporation at the 47 address designated by it or at its last known office address within or 48 without the state, or (b) personally delivering to and leaving with the 49 secretary of state, a deputy secretary of state or with any person 50 authorized by the secretary of state to receive such service, a copy 51 thereof at the office of the department of state in either the city of 52 Albany or New York and by delivering a copy thereof to, and leaving such 53 copy with, the president, vice-president, secretary, assistant secre- 54 tary, treasurer, assistant treasurer, or cashier of such corporation, or 55 the officer performing corresponding functions under another name, or a 56 director or managing agent of such corporation, personally without theA. 9508--B 138 1 state. Proof of such personal service without the state shall be filed 2 with the clerk of the court in which the action is pending within thirty 3 days after such service, and such service shall be complete ten days 4 after proof thereof is filed. 5 § 23. Subdivision 1 of section 11-665 of the administrative code of 6 the city of New York is amended to read as follows: 7 1. Every foreign corporation (other than a moneyed corporation) 8 subject to the provisions of this subchapter, except a corporation 9 having authority to do business by virtue of section thirteen hundred 10 five of the business corporation law, shall file in the department of 11 state a certificate of designation in its corporate name, signed and 12 acknowledged by its president or vice-president or its secretary or 13 treasurer, under its corporate seal, designating the secretary of state 14 as its agent upon whom process in any action provided for by this 15 subchapter or subchapter five of this chapter may be served within this 16 state, and setting forth an address to which the secretary of state 17 shall mail a copy of any such process against the corporation which may 18 be served upon the secretary of state. In case any such corporation 19 shall have failed to file such certificate of designation, it shall be 20 deemed to have designated the secretary of state as its agent upon whom 21 such process against it may be served; and until a certificate of desig- 22 nation shall have been filed the corporation shall be deemed to have 23 directed the secretary of state to mail copies of process served upon 24 the secretary of state to the corporation at its last known office 25 address within or without the state. When a certificate of designation 26 has been filed by such corporation the secretary of state shall mail 27 copies of process thereafter served upon the secretary of state to the 28 address set forth in such certificate. Any such corporation, from time 29 to time, may change the address to which the secretary of state is 30 directed to mail copies of process, by filing a certificate to that 31 effect executed, signed and acknowledged in like manner as a certificate 32 of designation as herein provided. Service of process upon any such 33 corporation or upon any corporation having authority to do business by 34 virtue of section thirteen hundred five of the business corporation law, 35 in any action commenced at any time pursuant to the provisions of this 36 subchapter five or former subchapter six of this chapter may be made by 37 either: (1) personally delivering to and leaving with the secretary of 38 state, a deputy secretary of state or with any person authorized by the 39 secretary of state to receive such service duplicate copies thereof at 40 the office of the department of state in either the city of Albany or 41 New York, in which event the secretary of state shall forthwith send by 42 registered mail, return receipt requested, one of such copies to the 43 corporation at the address designated by it or at its last known office 44 address within or without the state, or (2) personally delivering to and 45 leaving with the secretary of state, a deputy secretary of state or with 46 any person authorized by the secretary of state to receive such service, 47 a copy thereof at the office of the department of state in either the 48 city of Albany or New York and by delivering a copy hereof to, and leav- 49 ing such copy with, the president, vice-president, secretary, assistant 50 secretary, treasurer, assistant treasurer, or cashier of such corpo- 51 ration, or the officer performing corresponding functions under another 52 name, or a director or managing agent of such corporation, personally 53 without the state. Proof of such personal service without the state 54 shall be filed with the clerk of the court in which the action is pend- 55 ing within thirty days after such service, and such service shall be 56 complete ten days after proof thereof is filed.A. 9508--B 139 1 § 24. Subdivision 7 of section 339-n of the real property law, as 2 amended by chapter 346 of the laws of 1997, is amended to read as 3 follows: 4 7. A designation of the secretary of state as agent of the corporation 5 or board of managers upon whom process against it may be served. 6 Service of process on the secretary of state as agent of such corpo- 7 ration or board of managers shall be made personally delivering to and 8 leaving with him or her or his or her deputy, or with any person author- 9 ized by the secretary of state to receive such service, at the office of 10 the department of state in either the city of Albany or New York, dupli- 11 cate copies of such process together with the statutory fee, which shall 12 be a taxable disbursement. Service of process on such corporation or 13 board of managers shall be complete when the secretary of state is so 14 served. The secretary of state shall promptly send one of such copies by 15 certified mail, return receipt requested, to such corporation or board 16 of managers, at the post office address, on file in the department of 17 state, specified for such purpose. Nothing in this subdivision shall 18 affect the right to serve process in any other manner permitted by law. 19 The corporation or board of managers shall also file with the secretary 20 of state the name and post office address within or without this state 21 to which the secretary of state shall mail a copy of any process against 22 it served upon the secretary of state and shall update the filing as 23 necessary. 24 § 25. Subdivision 3 of section 442-g of the real property law, as 25 amended by chapter 482 of the laws of 1963, is amended to read as 26 follows: 27 3. Service of such process upon the secretary of state shall be made 28 by personally delivering to and leaving with him or his deputy or with 29 any person authorized by the secretary of state to receive such service, 30 at the office of the department of state in either the city of Albany or 31 New York, duplicate copies of such process together with a fee of five 32 dollars if the action is solely for the recovery of a sum of money not 33 in excess of two hundred dollars and the process is so endorsed, and a 34 fee of ten dollars in any other action or proceeding, which fee shall be 35 a taxable disbursement. If such process is served upon behalf of a coun- 36 ty, city, town or village, or other political subdivision of the state, 37 the fee to be paid to the secretary of state shall be five dollars, 38 irrespective of the amount involved or the nature of the action on 39 account of which such service of process is made. If the cost of regis- 40 tered mail for transmitting a copy of the process shall exceed two 41 dollars, an additional fee equal to such excess shall be paid at the 42 time of the service of such process. Proof of service shall be by affi- 43 davit of compliance with this subdivision filed by or on behalf of the 44 plaintiff together with the process, within ten days after such service, 45 with the clerk of the court in which the action or special proceeding is 46 pending. Service made as provided in this section shall be complete ten 47 days after such papers are filed with the clerk of the court and shall 48 have the same force and validity as if served on him personally within 49 the state and within the territorial jurisdiction of the court from 50 which the process issues. 51 § 26. Subdivision 2 of section 250 of the general business law, as 52 amended by chapter 103 of the laws of 1981, is amended to read as 53 follows: 54 2. A summons in an action described in this section may issue in any 55 court in the state having jurisdiction of the subject matter and be 56 served as hereinafter provided. Service of such summons shall be made byA. 9508--B 140 1 mailing a copy thereof to the office of the secretary of state [at his2office] in either the city of Albany or New York, or by personally 3 delivering a copy thereof to one of his regularly established offices, 4 with a fee of ten dollars, and such service shall be sufficient service 5 upon such nonresident provided that notice of such service and a copy of 6 the summons and complaint are forthwith sent by or on behalf of the 7 plaintiff to the defendant by registered mail with return receipt 8 requested. The plaintiff shall file with the clerk of the court in which 9 the action is pending, or with the judge or justice of such court in 10 case there be no clerk, an affidavit of compliance herewith, a copy of 11 the summons and complaint, and either a return receipt purporting to be 12 signed by the defendant or a person qualified to receive his registered 13 mail, in accordance with the rules and customs of the post office 14 department; or, if acceptance was refused by the defendant or his agent, 15 the original envelope bearing a notation by the postal authorities that 16 receipt was refused, and an affidavit by or on behalf of the plaintiff 17 that notice of such mailing and refusal was forthwith sent to the 18 defendant by ordinary mail. Where the summons is mailed to a foreign 19 country, other official proof of the delivery of the mail may be filed 20 in case the post office department is unable to obtain such a return 21 receipt. The foregoing papers shall be filed within thirty days after 22 the return receipt or other official proof of delivery or the original 23 envelope bearing a notation of refusal, as the case may be, is received 24 by the plaintiff. Service of process shall be complete when such papers 25 are filed. The return receipt or other official proof of delivery shall 26 constitute presumptive evidence that the summons mailed was received by 27 the defendant or a person qualified to receive his registered mail; and 28 the notation of refusal shall constitute presumptive evidence that the 29 refusal was by the defendant or his agent. Service of such summons also 30 may be made by mailing a copy thereof to the office of the secretary of 31 state [at his office] in either the city of Albany or New York, or by 32 personally delivering a copy thereof to one of his regularly established 33 offices, with a fee of ten dollars, and by delivering a duplicate copy 34 thereof, with a complaint annexed thereto, to the defendant personally 35 without the state by a resident or citizen of the state of New York or a 36 sheriff, under-sheriff, deputy-sheriff or constable of the county or 37 other political subdivision in which the personal service is made, or an 38 officer authorized by the laws of this state, to take acknowledgments of 39 deeds to be recorded in this state, or an attorney and/or counselor at 40 law, solicitor, advocate or barrister duly qualified to practice in the 41 state or country where such service is made, or by a United States 42 marshal or deputy United States marshal. Proof of personal service with- 43 out the state shall be filed with the clerk of the court in which the 44 action is pending within thirty days after such service. Personal 45 service without the state is complete when proof thereof is filed. The 46 court in which the action is pending may order such extensions as may be 47 necessary to afford the defendant reasonable opportunity to defend the 48 action. 49 § 27. Subdivision 2 of section 352-b of the general business law, as 50 amended by chapter 252 of the laws of 1983, is amended to read as 51 follows: 52 2. Service of such process upon the secretary of state shall be made 53 by personally delivering to and leaving with him or a deputy secretary 54 of state a copy thereof at the office of the department of state in 55 either the city of Albany or New York, and such service shall be suffi- 56 cient service provided that notice of such service and a copy of suchA. 9508--B 141 1 process are forthwith sent by the attorney general to such person, part- 2 nership, corporation, company, trust or association, by registered or 3 certified mail with return receipt requested, at his or its office as 4 set forth in the "broker-dealer's statement", "salesman's statement" or 5 "investment advisor's statement" filed in the department of law pursuant 6 to section three hundred fifty-nine-e or section three hundred fifty- 7 nine-eee of this article, or in default of the filing of such statement, 8 at the last address known to the attorney general. Service of such proc- 9 ess shall be complete on receipt by the attorney general of a return 10 receipt purporting to be signed by the addressee or a person qualified 11 to receive his or its registered or certified mail, in accordance with 12 the rules and customs of the post office department, or, if acceptance 13 was refused by the addressee or his or its agent, on return to the 14 attorney general of the original envelope bearing a notation by the 15 postal authorities that receipt thereof was refused. 16 § 28. Subdivision 2 of section 48 of the navigation law, as amended by 17 chapter 166 of the laws of 1991, is amended to read as follows: 18 2. A summons in an action described in this section may issue in any 19 court in the state having jurisdiction of the subject matter and be 20 served as hereinafter provided. Service of such summons shall be made by 21 mailing a copy thereof to the office of the secretary of state [at his22office] in either the city of Albany or New York, or by personally 23 delivering a copy thereof to one of his regularly established offices, 24 with a fee of ten dollars, and such service shall be sufficient service 25 upon such non-resident provided that notice of such service and a copy 26 of the summons and complaint are forthwith sent by or on behalf of the 27 plaintiff to the defendant by registered mail with return receipt 28 requested. The plaintiff shall file with the clerk of the court in which 29 the action is pending, or with the judge or justice of such court in 30 case there be no clerk, an affidavit of compliance herewith, a copy of 31 the summons and complaint, and either a return receipt purporting to be 32 signed by the defendant or a person qualified to receive his registered 33 mail, in accordance with the rules an customs of the post-office depart- 34 ment; or, if acceptance was refused by the defendant or his agent, the 35 original envelope bearing a notation by the postal authorities that 36 receipt was refused, and an affidavit by or on behalf of the plaintiff 37 that notice of such mailing and refusal was forthwith sent to the 38 defendant by ordinary mail. Where the summons is mailed to a foreign 39 country, other official proof of the delivery of the mail may be filed 40 in case the post-office department is unable to obtain such a return 41 receipt. The foregoing papers shall be filed within thirty days after 42 the return receipt or other official proof of delivery or the original 43 envelope bearing a notation of refusal, as the case may be, is received 44 by the plaintiff. Service of process shall be complete ten days after 45 such papers are filed. The return receipt or other official proof of 46 delivery shall constitute presumptive evidence that the summons mailed 47 was received by the defendant or a person qualified to receive his 48 registered mail; and the notation or refusal shall constitute presump- 49 tive evidence that the refusal was by the defendant or his agent. 50 Service of such summons also may be made by mailing a copy thereof to 51 the office of the secretary of state [at this office] in either the city 52 of Albany or New York, or by personally delivering a copy thereof to one 53 of his regularly established offices, with a fee of ten dollars, and by 54 delivering a duplicate copy thereof, with the complaint annexed thereto, 55 to the defendant personally without the state by a resident or citizen 56 of the state of New York or a sheriff, under-sheriff, deputy-sheriff orA. 9508--B 142 1 constable of the county or other political subdivision in which the 2 personal service is made, or an officer authorized by the laws of this 3 state, to take acknowledgements of deeds to be recorded in this state, 4 or an attorney and/or counselor at law, solicitor, advocate or barrister 5 duly qualified to practice in the state or country where such service is 6 made, or by a United States marshal or deputy United States marshal. 7 Proof of personal service without the state shall be filed with the 8 clerk of the court in which the action is pending within thirty days 9 after such service. Personal service without the state is complete ten 10 days after proof thereof is filed. The court in which the action is 11 pending may order such extensions as may be necessary to afford the 12 defendant reasonable opportunity to defend the action. 13 Nothing herein shall be construed as affecting other methods of 14 service of process against non-residents as provided by law. 15 § 29. Subdivision 2 of section 74 of the navigation law, as amended by 16 chapter 395 of the laws of 1963, is amended to read as follows: 17 2. A summons and complaint in an action described in this section may 18 issue in any court in the state having jurisdiction of the subject 19 matter and be served as hereinafter provided. Service of such summons 20 and complaint shall be made by mailing a copy thereof to the office of 21 the secretary of state [at his office] in either the city of Albany or 22 New York, or by personally delivering a copy thereof to one of his regu- 23 larly established offices, with a fee of five dollars, and such service 24 shall be sufficient service upon such non-resident provided that notice 25 of such service and a copy of the summons and complaint are forthwith 26 sent by or on behalf of the plaintiff to the defendant by registered 27 mail with return receipt requested. The plaintiff shall file with the 28 clerk of the court in which the action is pending, or with the judge or 29 justice of such court in case there be no clerk, an affidavit of compli- 30 ance herewith, a copy of the summons and complaint, and either a return 31 receipt purporting to be signed by the defendant or a person qualified 32 to receive his registered mail, in accordance with the rules and customs 33 of the post office department; or, if acceptance was refused by the 34 defendant or his agent, the original envelope bearing a notation by the 35 postal authorities that receipt was refused, and an affidavit by or on 36 behalf of the plaintiff that notice of such mailing and refusal was 37 forthwith sent to the defendant by ordinary mail. Where the summons is 38 mailed to a foreign country, other official proof of the delivery of the 39 mail may be filed in case the post-office department is unable to obtain 40 such a return receipt. The foregoing papers shall be filed within thirty 41 days after the return receipt or other official proof of delivery or the 42 original envelope bearing a notation of refusal, as the case may be, is 43 received by the plaintiff. Service of process shall be complete when 44 such papers are filed. The return receipt or other official proof of 45 delivery shall constitute presumptive evidence that the summons mailed 46 was received by the defendant or a person qualified to receive his 47 registered mail; and the notation of refusal shall constitute presump- 48 tive evidence that the refusal was by the defendant or his agent. 49 Service of such summons also may be made by mailing a copy thereof to 50 the office of the secretary of state [at his office] in either the city 51 of Albany or New York, or by personally delivering a copy thereof to one 52 of his regularly established offices, with a fee of five dollars, and by 53 delivering a duplicate copy thereof, with the complaint annexed thereto, 54 to the defendant personally without the state by a resident or citizen 55 of the state of New York or a sheriff, under-sheriff, deputy-sheriff or 56 constable of the county or other political subdivision in which theA. 9508--B 143 1 personal service is made, or an officer authorized by the laws of this 2 state, to take acknowledgments of deeds to be recorded in this state, or 3 an attorney and/or counselor at law, solicitor, advocate or barrister 4 duly qualified to practice in the state or country where such service is 5 made, or by a United States marshal or deputy United States marshal. 6 Proof of personal service without the state shall be filed with the 7 clerk of the court in which the action is pending within thirty days 8 after such service. Personal service without the state is complete when 9 proof thereof is filed. The court in which the action is pending may 10 order such extension as may be necessary to afford the defendant reason- 11 able opportunity to defend the action. 12 § 30. Subdivision 2 of section 253 of the vehicle and traffic law, as 13 amended by chapter 166 of the laws of 1991, is amended to read as 14 follows: 15 2. A summons in an action described in this section may issue in any 16 court in the state having jurisdiction of the subject matter and be 17 served as hereinafter provided. Service of such summons shall be made by 18 mailing a copy thereof to the office of the secretary of state [at his19office] either in the city of Albany or New York, or by personally 20 delivering a copy thereof to one of his regularly established offices, 21 with a fee of ten dollars, and such service shall be sufficient service 22 upon such non-resident provided that notice of such service and a copy 23 of the summons and complaint are forthwith sent by or on behalf of the 24 plaintiff to the defendant by certified mail or registered mail with 25 return receipt requested. The plaintiff shall file with the clerk of the 26 court in which the action is pending, or with the judge or justice of 27 such court in case there be no clerk, an affidavit of compliance here- 28 with, a copy of the summons and complaint, and either a return receipt 29 purporting to be signed by the defendant or a person qualified to 30 receive his certified mail or registered mail, in accordance with the 31 rules and customs of the post-office department; or, if acceptance was 32 refused by the defendant or his agent, the original envelope bearing a 33 notation by the postal authorities that receipt was refused, and an 34 affidavit by or on behalf of the plaintiff that notice of such mailing 35 and refusal was forthwith sent to the defendant by ordinary mail; or, if 36 the registered or certified letter was returned to the post office 37 unclaimed, the original envelope bearing a notation by the postal 38 authorities of such mailing and return, an affidavit by or on behalf of 39 the plaintiff that the summons was posted again by ordinary mail and 40 proof of mailing certificate of ordinary mail. Where the summons is 41 mailed to a foreign country, other official proof of the delivery of the 42 mail may be filed in case the post-office department is unable to obtain 43 such a return receipt. The foregoing papers shall be filed within thirty 44 days after the return receipt or other official proof of delivery or the 45 original envelope bearing a notation of refusal, as the case may be, is 46 received by the plaintiff. Service of process shall be complete when 47 such papers are filed. The return receipt or other official proof of 48 delivery shall constitute presumptive evidence that the summons mailed 49 was received by the defendant or a person qualified to receive his 50 certified mail or registered mail; and the notation of refusal shall 51 constitute presumptive evidence that the refusal was by the defendant or 52 his agent. Service of such summons also may be made by mailing a copy 53 thereof to the office of the secretary of state [at his office] in 54 either the city of Albany or New York, or by personally delivering a 55 copy thereof to one of his regularly established offices, with a fee of 56 ten dollars, and by delivering a duplicate copy thereof with theA. 9508--B 144 1 complaint annexed thereto, to the defendant personally without the state 2 by a resident or citizen of the state of New York or a sheriff, under- 3 sheriff, deputy-sheriff or constable of the county or other political 4 subdivision in which the personal service is made, or an officer author- 5 ized by the laws of this state, to take acknowledgements of deeds to be 6 recorded in this state, or an attorney and/or counselor at law, solici- 7 tor, advocate or barrister duly qualified to practice in the state or 8 country where such service is made, or by a United States marshall or 9 deputy United States marshall. Proof of personal service without the 10 state shall be filed with the clerk of the court in which the action is 11 pending within thirty days after such service. Personal service without 12 the state is complete when proof thereof is filed. The court in which 13 the action is pending may order such extensions as may be necessary to 14 afford the defendant reasonable opportunity to defend the action. 15 § 31. This act shall take effect on the sixtieth day after it shall 16 have become a law. 17 PART TT 18 Section 1. This act shall be known and may be cited as the "New York 19 city public works investment act". 20 § 2. For the purposes of this act: 21 (a) "Authorized entity" shall mean the New York city department of 22 design and construction, the New York city department of environmental 23 protection, the New York city department of transportation and the New 24 York city health and hospitals corporation. 25 (b) "Best value" shall mean the basis for awarding contracts for 26 services to a proposer that optimizes quality, cost and efficiency, 27 price and performance criteria, which may include, but is not limited 28 to: 29 (1) The quality of the proposer's performance on previous projects; 30 (2) The timeliness of the proposer's performance on previous projects; 31 (3) The level of customer satisfaction with the proposer's performance 32 on previous projects; 33 (4) The proposer's record of performing previous projects on budget 34 and ability to minimize cost overruns; 35 (5) The proposer's ability to limit change orders; 36 (6) The proposer's ability to prepare appropriate project plans; 37 (7) The proposer's technical capacities; 38 (8) The individual qualifications of the proposer's key personnel; 39 (9) The proposer's ability to assess and manage risk and minimize risk 40 impact; 41 (10) The proposer's financial capability; 42 (11) The proposer's ability to comply with applicable requirements, 43 including the provisions of articles 145, 147 and 148 of the education 44 law; 45 (12) The proposer's past record of compliance with federal, state and 46 local laws, rules, licensing requirements, where applicable, and execu- 47 tive orders, including but not limited to compliance with the labor law 48 and other applicable labor and prevailing wage laws, article 15-A of the 49 executive law, and any other applicable laws concerning minority- and 50 women-owned business enterprise participation; 51 (13) The proposer's record of complying with existing labor standards, 52 maintaining harmonious labor relations, and protecting the health and 53 safety of workers and payment of wages above any locally-defined living 54 wage; andA. 9508--B 145 1 (14) A quantitative factor to be used in evaluation of bids or offers 2 for awarding of contracts for bidders or offerers that are certified as 3 minority- or women-owned business enterprises as defined in subdivisions 4 1, 7, 15 and 20 of section 310 of the executive law, or certified pursu- 5 ant to local law as minority- or women-owned business enterprises. 6 Such basis shall reflect, wherever possible, objective and quantifi- 7 able analysis. 8 (c) "Cost plus" shall mean compensating a contractor for the cost to 9 complete a contract by reimbursing actual costs for labor, equipment and 10 materials plus an additional amount for overhead and profit. 11 (d) "Design-build contract" shall mean a contract for the design and 12 construction of a public work with a single entity, which may be a team 13 comprised of separate entities. 14 (e) "Project labor agreement" shall have the meaning set forth in 15 subdivision 1 of section 222 of the labor law. A project labor agreement 16 shall require participation in apprentice training programs in accord- 17 ance with paragraph (e) of subdivision 2 of such section. 18 (f) "Public work" shall mean a public work related to one of the 19 following, and shall refer to any of these public works: 20 (1) Brooklyn Queens Expressway, from the vicinity of Atlantic avenue 21 to the vicinity of Sands street in Kings county, 22 (2) Franklin D. Roosevelt East River Drive bridge northbound from the 23 vicinity of 42nd street to the vicinity of 49th street in New York coun- 24 ty, 25 (3) Pelham parkway bridge over the Hutchinson river parkway in Bronx 26 county, 27 (4) Bridges along the Belt parkway from the vicinity of Sheepshead Bay 28 to the vicinity of Nostrand avenue in Kings county, 29 (5) 49th avenue bridge over the Long Island Rail Road in Queens coun- 30 ty, 31 (6) 5th avenue bridge over the Long Island Rail Road in Kings county, 32 (7) Resiliency measures for the Staten Island Ferry, including its 33 terminals and related facilities in New York and Richmond counties, 34 (8) Elmhurst Hospital emergency department renovation and expansion in 35 Queens county, 36 (9) Property clerk storage and operations facility for the police 37 department of the city of New York in Queens county, 38 (10) Kensico-Eastview connection water tunnel from the Kensico Reser- 39 voir to the Catskill Delaware Ultraviolet Facility at Eastview in West- 40 chester county, or 41 (11) Hillview Central Distribution Facility at Hillview Reservoir in 42 Westchester county. 43 § 3. Any contract for a public work undertaken pursuant to a project 44 labor agreement in accordance with section 222 of the labor law may be a 45 design-build contract in accordance with this act. 46 § 4. Notwithstanding any general, special or local law, rule or regu- 47 lation to the contrary, including but not limited to article 5-A of the 48 general municipal law, section 8 of the New York city health and hospi- 49 tals corporation act, and in conformity with the requirements of this 50 act, for any public work that has an estimated total cost of not less 51 than ten million dollars and is undertaken pursuant to a project labor 52 agreement in accordance with section 222 of the labor law, an authorized 53 entity charged with awarding a contract for public work may use the 54 alternative delivery method referred to as design-build contracts.A. 9508--B 146 1 (a) A contractor selected by such authorized entity to enter into a 2 design-build contract shall be selected through a two-step method, as 3 follows: 4 (1) Step one. Generation of a list of responding entities that have 5 demonstrated the general capability to perform the design-build 6 contract. Such list shall consist of a specified number of responding 7 entities, as determined by an authorized entity, and shall be generated 8 based upon the authorized entity's review of responses to a publicly 9 advertised request for qualifications. The authorized entity's request 10 for qualifications shall include a general description of the public 11 work, the maximum number of responding entities to be included on the 12 list, the selection criteria to be used and the relative weight of each 13 criteria in generating the list. Such selection criteria shall include 14 the qualifications and experience of the design and construction team, 15 organization, demonstrated responsibility, ability of the team or of a 16 member or members of the team to comply with applicable requirements, 17 including the provisions of articles 145, 147, and 148 of the education 18 law, past record of compliance with the labor law, and such other quali- 19 fications the authorized entity deems appropriate, which may include but 20 are not limited to project understanding, financial capability and 21 record of past performance. The authorized entity shall evaluate and 22 rate all responding entities to the request for qualifications. Based 23 upon such ratings, the authorized entity shall list the responding enti- 24 ties that shall receive a request for proposals in accordance with para- 25 graph two of this subdivision. To the extent consistent with applicable 26 federal law, the authorized entity shall consider, when awarding any 27 contract pursuant to this section, the participation of (i) responding 28 entities that are certified as minority- or women-owned business enter- 29 prises as defined in subdivisions 1, 7, 15 and 20 of section 310 of the 30 executive law, or certified pursuant to local law as minority- or 31 women-owned business enterprises; and (ii) small business concerns iden- 32 tified pursuant to subdivision (b) of section 139-g of the state finance 33 law. 34 (2) Step two. Selection of the proposal which is the best value to the 35 authorized entity. The authorized entity shall issue a request for 36 proposals to the responding entities listed pursuant to paragraph one of 37 this subdivision. If such responding entity consists of a team of sepa- 38 rate entities, the entities that compromise such a team must remain 39 unchanged from the responding entity as listed pursuant to paragraph one 40 of this subdivision unless otherwise approved by the authorized entity. 41 The request for proposals shall set forth the public work's scope of 42 work, and other requirements, as determined by the authorized entity, 43 which may include separate goals for work under the contract to be 44 performed by businesses certified as minority- or women-owned business 45 enterprises as defined in subdivisions 1, 7, 15 and 20 of section 310 of 46 the executive law, or certified pursuant to local law as minority- or 47 women-owned business enterprises. The request for proposals shall also 48 specify the criteria to be used to evaluate the responses and the rela- 49 tive weight of each of such criteria. Such criteria shall include the 50 proposal's cost, the quality of the proposal's solution, the qualifica- 51 tions and experience of the proposer, and other factors deemed pertinent 52 by the authorized entity, which may include, but shall not be limited 53 to, the proposal's manner and schedule of project implementation, the 54 proposer's ability to complete the work in a timely and satisfactory 55 manner, maintenance costs of the completed public work, maintenance of 56 traffic approach, and community impact. Any contract awarded pursuant toA. 9508--B 147 1 this act shall be awarded to a responsive and responsible proposer, 2 which, in consideration of these and other specified criteria deemed 3 pertinent, offers the best value, as determined by the authorized enti- 4 ty. The request for proposals shall include a statement that proposers 5 shall designate in writing those portions of the proposal that contain 6 trade secrets or other proprietary information that are to remain confi- 7 dential; that the material designated as confidential shall be readily 8 separable from the proposal. Nothing in this subdivision shall be 9 construed to prohibit the authorized entity from negotiating final 10 contract terms and conditions including cost. All proposals submitted 11 shall be scored according to the criteria listed in the request for 12 proposals and such final scores shall be published on the authorized 13 entity's website. 14 (b) An authorized entity awarding a design-build contract to a 15 contractor offering the best value may but shall not be required to use 16 the following types of contracts: 17 (1) A cost-plus not to exceed guaranteed maximum price form of 18 contract in which the authorized entity shall be entitled to monitor and 19 audit all costs. In establishing the schedule and process for determin- 20 ing a guaranteed maximum price, the contract between the authorized 21 entity and the contractor shall: 22 (i) Describe the scope of the work and the cost of performing such 23 work, 24 (ii) Include a detailed line item cost breakdown, 25 (iii) Include a list of all drawings, specifications and other infor- 26 mation on which the guaranteed maximum price is based, 27 (iv) Include the dates of substantial and final completion on which 28 the guaranteed maximum price is based, and 29 (v) Include a schedule of unit prices; or 30 (2) A lump sum contract in which the contractor agrees to accept a set 31 dollar amount for a contract which comprises a single bid without 32 providing a cost breakdown for all costs such as for equipment, labor, 33 materials, as well as such contractor's profit for completing all items 34 of work comprising the public work. 35 § 5. Any contract entered into pursuant to this act shall include a 36 clause requiring that any professional services regulated by articles 37 145, 147 and 148 of the education law shall be performed and stamped and 38 sealed, where appropriate, by a professional licensed in accordance with 39 such articles. 40 § 6. Construction with respect to each contract entered into by an 41 authorized entity pursuant to this act shall be deemed a "public work" 42 to be performed in accordance with the provisions of article 8 of the 43 labor law, as well as subject to sections 200, 240, 241 and 242 of such 44 law and enforcement of prevailing wage requirements pursuant to applica- 45 ble law or, for projects or public works receiving federal aid, applica- 46 ble federal requirements for prevailing wage. Any contract entered into 47 pursuant to this act shall include a clause requiring the selected 48 design builder to obligate every tier of contractor working on the 49 project to comply with the project labor agreement referenced in section 50 three of this act, and shall include project labor agreement compliance 51 monitoring and enforcement provisions consistent with the applicable 52 project labor agreement. 53 § 7. Each contract entered into by an authorized entity pursuant to 54 this act shall comply with the objectives and goals with regard to 55 minority- and women-owned business enterprises pursuant to, as applica- 56 ble, section 6-129 of the administrative code of the city of New York,A. 9508--B 148 1 subdivision 6 of section 8 of the New York city health and hospitals 2 corporation act, or, for projects or public works receiving federal aid, 3 applicable federal requirements for disadvantaged business enterprises 4 or minority- and women-owned business enterprises. 5 § 8. Public works undertaken by an authorized entity pursuant to this 6 act shall be subject to the requirements of article 8 of the environ- 7 mental conservation law, and, where applicable, the requirements of the 8 national environmental policy act. 9 § 9. (a) Notwithstanding any provision of law to the contrary, all 10 rights or benefits, including terms and conditions of employment, and 11 protection of civil service and collective bargaining status of all 12 existing employees of authorized entities solely in connection with the 13 public works identified in subdivision (f) of section two of this act, 14 shall be preserved and protected. 15 (b) Nothing in this act shall result in the: (1) displacement of any 16 currently employed worker or loss of position (including partial 17 displacement such as a reduction in the hours of non-overtime work, 18 wages or employment benefits), or result in the impairment of existing 19 collective bargaining agreements; and (2) transfer of existing duties 20 and functions related to maintenance and operations currently performed 21 by existing employees of authorized entities to a contractor. 22 (c) Employees of authorized entities using design-build contracts 23 serving in positions in newly created titles shall be assigned to the 24 appropriate bargaining unit. Nothing contained in this act shall be 25 construed to affect (1) the existing rights of employees of such enti- 26 ties pursuant to an existing collective bargaining agreement, (2) the 27 existing representational relationships among employee organizations 28 representing employees of such entities or (3) the bargaining relation- 29 ships between such entities and such employee organizations. 30 § 10. The submission of a proposal or responses or the execution of a 31 design-build contract pursuant to this act shall not be construed to be 32 a violation of section 6512 of the education law. 33 § 11. Nothing contained in this act shall limit the right or obli- 34 gation of any authorized entity to comply with the provisions of any 35 existing contract or to award contracts as otherwise provided by law. 36 § 12. This act shall take effect immediately and shall expire and be 37 deemed repealed 4 years after such date, provided that, public works 38 with requests for proposals issued prior to such repeal shall be permit- 39 ted to continue under this act notwithstanding such repeal. 40 PART UU 41 Section 1. This Part enacts into law major components of legislation 42 which are necessary to promote and protect the health and safety of New 43 York residents relating to public housing. Each component is wholly 44 contained within a Part identified as Subparts A through B. The effec- 45 tive date for each particular provision contained within such Subpart is 46 set forth in the last section of such Subpart. Any provision in any 47 section contained within a Subpart, including the effective date of the 48 Subpart, which makes reference to a section "of this act", when used in 49 connection with that particular component, shall be deemed to mean and 50 refer to the corresponding section of the Subpart in which it is found. 51 Section three of this act sets forth the general effective date of this 52 act. 53 SUBPART AA. 9508--B 149 1 Section 1. This act shall be known and may be cited as the "New York 2 City Housing Authority Facilities Modernization Act". 3 § 2. Definitions. For the purposes of this act, the following terms 4 shall have the following meanings: 5 1. "Project" shall mean any installation, construction, demolition, 6 reconstruction, excavation, rehabilitation, renovation, and repair 7 contracted out by the authorized authority pursuant to this act. 8 2. "Authorized authority" shall mean the New York City Housing Author- 9 ity. 10 3. "Best value" shall mean the basis for awarding contracts for 11 services to the bidder that optimize quality, cost and efficiency, price 12 and performance criteria, which may include, but is not limited to: 13 (a) The quality of the contractor's performance on previous projects; 14 (b) The timeliness of the contractor's performance on previous 15 projects; 16 (c) The level of customer satisfaction with the contractor's perform- 17 ance on previous projects; 18 (d) The contractor's record of performing previous projects on budget 19 and ability to minimize cost overruns; 20 (e) The contractor's ability to limit change orders; 21 (f) The contractor's ability to prepare appropriate project plans; 22 (g) The contractor's technical capacities; 23 (h) The individual qualifications of the contractor's key personnel; 24 (i) The contractor's ability to assess and manage risk and minimize 25 risk impact; 26 (j) The contractor's past record of encouraging minority and women- 27 owned business enterprise participation and compliance with article 15-A 28 of the executive law and any other applicable laws concerning minority 29 and women-owned business enterprise participation. 30 (k) A quantitative factor to be used in evaluation of bids or offers 31 for awarding of contracts for bidders or offerers that are certified as 32 minority or women-owned business enterprises as defined in article 15-A 33 of the executive law, or certified pursuant to local law as minority or 34 women-owned business enterprises. 35 Such basis shall reflect, wherever possible, objective and quantifi- 36 able analysis. 37 4. "Design-build contract" shall mean, in conformity with the require- 38 ments of this act, a contract for the design and construction of the 39 projects with a single entity, which may be a team comprised of separate 40 entities. 41 5. "Procurement record" shall mean documentation of the decisions made 42 and the approach taken in the procurement process. 43 6. "Project labor agreement" shall mean a pre-hire collective bargain- 44 ing agreement between a contractor and a bona fide building and 45 construction trade labor organization establishing the labor organiza- 46 tion as the collective bargaining representative for all persons who 47 will perform work on the project, and which provides that only contrac- 48 tors and subcontractors who sign a pre-negotiated agreement with the 49 labor organization can perform project work. 50 § 3. Notwithstanding section 151 of the public housing law, or the 51 provisions of any other law to the contrary, in conformity with the 52 requirements of this act, and only when a project labor agreement is 53 performed, the authorized authority may utilize the alternative delivery 54 method referred to as a design-build contract for the project provided 55 that each such project shall not be less than one million two hundred 56 thousand dollars ($1,200,000). The authorized authority shall ensureA. 9508--B 150 1 that its procurement record reflects the design-build contract process 2 authorized by this act. 3 § 4. An entity selected by the authorized authority to enter into a 4 design-build contract for the project shall be selected through a two- 5 step method, as follows: 6 1. Step one. Generation of a list of entities that have demonstrated 7 the general capability to perform a design-build contract for the 8 project. Such list shall consist of a specified number of entities, as 9 determined by the authorized authority, and shall be generated based 10 upon the authorized authority's review of responses to a publicly adver- 11 tised request for qualifications for the project. The authorized author- 12 ity's request for qualifications for the project shall include a general 13 description of the project, the maximum number of entities to be 14 included on the list, and the selection criteria to be used in generat- 15 ing the list. Such selection criteria shall include the qualifications 16 and experience of the design and construction team, organization, demon- 17 strated responsibility, ability of the team or of a member or members of 18 the team to comply with applicable requirements, including the 19 provisions of articles 145, 147 and 148 of the education law, past 20 record of compliance with the labor law including prevailing wage 21 requirements under state and federal law; the past record of compliance 22 with existing labor standards and maintaining harmonious labor 23 relations; the record of protecting the health and safety of workers on 24 public works projects and job sites as demonstrated by the experience 25 modification rate for each of the last three years; the prospective 26 bidder's ability to undertake the particular type and complexity of 27 work; the financial capability, responsibility and reliability of the 28 prospective bidder for such type and complexity of work; the prospective 29 bidder's compliance with equal employment opportunity requirements and 30 anti-discrimination laws, and demonstrated commitment to working with 31 minority and women-owned businesses through joint ventures or subcon- 32 tractor relationships; whether or not the prospective bidder or a 33 substantially owned-affiliated entity as defined by paragraph g of 34 subdivision 5 of section 220 of the labor law, is listed by the federal 35 government as excluded from receiving federal contracts and certain 36 subcontracts, assistance, or benefits pursuant to 48 C.F.R. subpart 9-4; 37 and such other qualifications the authorized authority deems appropriate 38 which may include but are not limited to project understanding, finan- 39 cial capability and record of past performance. The authorized authority 40 shall evaluate and rate all entities responding to the request for qual- 41 ifications. Based upon such ratings, the authorized authority shall list 42 the entities that shall receive a request for proposals in accordance 43 with subdivision two of this section. To the extent consistent with 44 applicable federal law, the authorized authority shall consider, when 45 awarding any contract pursuant to this section, the participation of: 46 (a) firms certified pursuant to article 15-A of the executive law as 47 minority or women-owned businesses or certified pursuant to local law as 48 minority or women-owned business enterprises and the ability of other 49 businesses under consideration to work with minority and women-owned 50 businesses so as to promote and assist participation by such businesses; 51 and (b) small business concerns identified pursuant to subdivision (b) 52 of section 139-g of the state finance law. 53 2. Step two. Selection of the proposal which is the best value to the 54 authorized authority. The authorized authority shall issue a request 55 for proposals for the project to the entities listed pursuant to subdi- 56 vision one of this section. If such an entity consists of a team ofA. 9508--B 151 1 separate entities, the entities that comprise such a team must remain 2 unchanged from the entity as listed pursuant to subdivision one of this 3 section unless otherwise approved by the authorized authority. The 4 request for proposals for the project shall set forth the project's 5 scope of work, and other requirements, as determined by the authorized 6 authority, which may include separate goals for work under the contract 7 to be performed by businesses certified as minority or women-owned busi- 8 ness enterprises as defined in article 15-A of the executive law, or 9 certified pursuant to local law as minority or women-owned business 10 enterprises. The request for proposals shall specify the criteria to be 11 used to evaluate the responses and the relative weight of each such 12 criteria. Such criteria shall include the proposal's cost, the quality 13 of the proposal's solution, the qualifications and experience of the 14 design-build entity, and other factors deemed pertinent by the author- 15 ized authority, which may include, but shall not be limited to, the 16 proposal's project implementation, ability to complete the work in a 17 timely and satisfactory manner, maintenance costs of the completed 18 project, maintenance of traffic approach, and community impact. Any 19 contract awarded pursuant to this act shall be awarded to a responsive 20 and responsible entity that submits the proposal, which, in consider- 21 ation of these and other specified criteria deemed pertinent to the 22 project, offers the best value to the authorized authority, as deter- 23 mined by the authorized authority. Nothing in this act shall be 24 construed to prohibit the authorized authority from negotiating final 25 contract terms and conditions including cost. 26 3. Notwithstanding the foregoing provisions of this section, when any 27 person or entity is listed by the federal government as excluded from 28 receiving federal contracts and certain subcontracts, assistance or 29 benefits, pursuant to 48 C.F.R. subpart 9-4, such person or entity, and 30 any substantially owned-affiliated entity as defined by paragraph g of 31 subdivision 5 of section 220 of the labor law, shall be ineligible to 32 submit a bid on or be awarded any contract authorized by this act during 33 such period of exclusion. The department of labor shall notify the 34 person or entity immediately of such ineligibility and such person or 35 entity must be afforded the opportunity to be heard by the department of 36 labor. A substantially owned-affiliated entity shall be afforded an 37 opportunity to be heard consistent with the provisions of subparagraph 3 38 of paragraph b of subdivision 3 of section 220-b of the labor law. 39 § 5. Any contract entered into pursuant to this act shall include a 40 clause requiring that any professional services regulated by articles 41 145, 147 and 148 of the education law shall be performed and stamped and 42 sealed, where appropriate, by a professional licensed in accordance with 43 such articles. 44 § 6. The installation, construction, demolition, reconstruction, exca- 45 vation, rehabilitation, repair, and renovation of the project undertaken 46 by the authorized authority pursuant to this act shall be deemed a 47 "public work" to be performed in accordance with the provisions of arti- 48 cle 8 of the labor law, as well as subject to sections 200, 240, 241 and 49 242 of the labor law and enforcement of prevailing wage requirements by 50 the New York state department of labor and, if the project receives 51 federal aid, applicable federal requirements for prevailing wage. 52 § 7. A project labor agreement shall be included in the request for 53 proposals for the project, provided that, based upon a study done by or 54 for the authorized authority, the authorized authority determines that 55 its interest in obtaining the best work at the lowest possible price, 56 preventing favoritism, fraud and corruption, and other considerationsA. 9508--B 152 1 such as the impact of delay, the possibility of cost savings advantages, 2 and any local history of labor unrest, are best met by requiring a 3 project labor agreement. The authorized authority shall conduct such a 4 study and the project labor agreement shall be performed consistent with 5 the provisions of section 222 of the labor law. If a project labor 6 agreement is not performed on the project (1) the authorized authority 7 shall not utilize a design-build contract for the project; and (2) 8 sections 151 and 151-a of the public housing law shall apply to the 9 project. 10 § 8. Each contract entered into by the authorized authority pursuant 11 to this act shall comply, whenever practical, with the objectives and 12 goals of minority and women-owned business enterprises pursuant to arti- 13 cle 15-A of the executive law or, if the project receives federal aid, 14 shall comply with applicable federal requirements for disadvantaged 15 business enterprises. 16 § 9. The project undertaken by the authorized authority pursuant to 17 this act shall be subject to the requirements of article 8 of the envi- 18 ronmental conservation law, and, where applicable, the requirements of 19 the national environmental policy act. 20 § 10. (a) Notwithstanding any provision of law to the contrary, all 21 rights and benefits, including terms and conditions of employment, and 22 protection of civil service and collective bargaining status of all 23 employees of the authorized authority in connection with the project 24 shall be preserved and protected. 25 (b) Nothing in this act shall result in the: (1) displacement of any 26 currently employed worker or loss of position (including partial 27 displacement such as a reduction in the hours of non-overtime work, 28 wages or employment benefits), or result in the impairment of existing 29 collective bargaining agreements; and (2) transfer of existing duties 30 and functions related to maintenance and operations currently performed 31 by existing employees of the authorized authority to a contractor. 32 (c) Employees of the authorized authority that perform work in 33 connection with the project serving in positions in newly created titles 34 shall be assigned to the appropriate bargaining unit. 35 (d) Nothing contained in this act shall be construed to affect: (1) 36 the existing rights and benefits of employees of the authorized authori- 37 ty pursuant to an existing collective bargaining agreement and the civil 38 service law, including terms and conditions of employment; (2) the 39 existing representational relationships among employee organizations 40 representing employees of the authorized authority; or (3) the bargain- 41 ing relationships between the authorized authority and such employee 42 organizations. 43 § 11. If otherwise applicable, the project undertaken by the author- 44 ized authority pursuant to this act shall be governed by the public 45 housing law. 46 § 12. The submission of a proposal or responses or the execution of a 47 design-build contract pursuant to this act shall not be construed to be 48 a violation of section 6512 of the education law. 49 § 13. Nothing contained in this act shall limit the right or obli- 50 gation of the authorized authority to comply with the provisions of any 51 existing contract, including any existing contract with or for the bene- 52 fit of the holders of the obligations of the authorized authority, or to 53 award contracts as otherwise provided by law. 54 § 14. This act shall take effect immediately and shall expire and be 55 deemed repealed 4 years after such date, provided that, if the New York 56 city housing authority has issued requests for qualifications for theA. 9508--B 153 1 project prior to such repeal, such project shall be permitted to contin- 2 ue under this act notwithstanding such repeal. 3 SUBPART B 4 Section 1. The public housing law is amended by adding a new section 5 402-d to read as follows: 6 § 402-d. Reporting on lead-based paint poisoning prevention and 7 control. 1. Commencing on July first, two thousand eighteen and every 8 July first of each year thereafter, the chair of the New York city hous- 9 ing authority shall submit a draft plan for review and comment to the 10 New York city department of housing preservation and development and the 11 New York city department of health and mental hygiene on the New York 12 city housing authority's policies and procedures related to lead-based 13 paint poisoning prevention and control and the manner in which the New 14 York city housing authority proposes to implement such policies and 15 procedures. 16 The final plan shall take into consideration comments offered by the 17 New York city department of health and mental hygiene and the New York 18 city department of housing preservation and development and shall be 19 published by August fifteenth of each year on each department's website, 20 including the New York city housing authority's website, alongside other 21 reports pertaining to lead-based paint poisoning prevention and control 22 so that such report is available for public viewing. 23 2. Commencing on January fifteenth, two thousand nineteen and every 24 January fifteenth of each year thereafter, the chair of the New York 25 city housing authority shall produce a written report outlining federal, 26 state and local laws forming the New York city housing authority's poli- 27 cies and procedures related to lead-based paint poisoning prevention and 28 control and its implementation of such policies and procedures for the 29 prior fiscal year. Such report shall be submitted to the New York city 30 department of health and mental hygiene and the New York city department 31 of housing preservation and development and shall be published on each 32 department's website alongside other reports pertaining to lead-based 33 paint poisoning prevention and control so that such report is available 34 for public viewing. Such report shall include an analysis of the lead- 35 based paint poisoning prevention and control program, a detailed state- 36 ment of revenue and expenditures and a statistical section designed to 37 provide a detailed explanation of the New York city housing authority's 38 implementation, including but not limited to, the following: 39 a. a list of developments constructed before January first, nineteen 40 hundred seventy-eight and not exempted under part 35 of title 24 of the 41 code of federal regulations; and 42 b. a list of developments constructed before January first, nineteen 43 hundred seventy-eight and that have been exempted under part 35 of title 44 24 of the code of federal regulations; and 45 c. the number of complaints related to peeling paint in dwelling units 46 and/or common areas located in buildings constructed before nineteen 47 hundred seventy-eight and not exempted under part 35 of title 24 of the 48 code of federal regulations; and 49 d. the number of work orders resulting from such complaints as identi- 50 fied pursuant to paragraph c of this subdivision; and 51 e. the results of the work orders, including, if applicable, the 52 reason a peeling paint complaint did not result in an inspection of such 53 complaint; andA. 9508--B 154 1 f. the number of peeling paint complaints that did not result in reme- 2 diation and the reason for such; and 3 g. the number of annual peeling paint visual assessments completed by 4 the New York city housing authority as required by applicable federal, 5 state and local laws, disaggregated by the location of peeling paint, 6 such as a common area or dwelling unit; and 7 h. the number of peeling paint visual assessments identified as need- 8 ing corrective action pursuant to applicable federal, state and local 9 laws relating to lead-based paint, disaggregated by the location of 10 peeling paint, such as a common area or dwelling unit; and 11 i. the number of locations identified as needing corrective action 12 that resulted in remediation, disaggregated by the location of peeling 13 paint, such as a common area or dwelling unit; and 14 j. the number of locations identified as needing corrective action 15 that did not result in remediation and the reason the peeling paint was 16 not remediated; and 17 k. the number of units where a full-unit lead-based paint investi- 18 gation (testing) was conducted upon turnover to determine the presence 19 of lead-based paint and the results of the investigation; and 20 l. the number of New York city housing authority employees or 21 contracted firms, assigned to conduct the following activities and the 22 number of those employees or contracted firms with certification 23 required to conduct such activities, including: annual peeling paint 24 visual assessments, lead-based paint remediation, lead-based paint 25 abatement, and lead-based paint investigation (testing); and 26 m. the total number of exemptions obtained pursuant to subdivision b 27 of section 27-2056.5 of the administrative code of the city of New York 28 and the number of New York city public housing developments, buildings 29 and units affected by such exemptions; and 30 n. the number of units for which the New York city department of 31 health and mental hygiene has issued a commissioner's order to abate a 32 nuisance pursuant to paragraph one of subdivision (d) of section 173.13 33 of the New York city health code and the actions taken in response to 34 such order; and 35 o. a statistical profile of buildings with geographic indexing, such 36 as by community district, assembly district, senate district and/or zip 37 code, of peeling paint complaints, annual peeling paint visual assess- 38 ments, lead-based paint inspections, and commissioner's orders to abate 39 related to an elevated blood lead level; indicating the age of the 40 building; and 41 p. the number of civil actions brought against the New York city hous- 42 ing authority alleging injury caused by lead-based paint; and 43 q. such other information as requested by the commissioner of the New 44 York city department of health and mental hygiene or the commissioner of 45 the New York city department of housing preservation and development. 46 3. The New York city housing authority shall maintain a central regis- 47 ter internally of all department orders to correct peeling paint pursu- 48 ant to applicable federal, state and local laws. Such register shall 49 indicate the date of the complaint, the address of the premises, the 50 date of each inspection and reinspection, and the scope of work under- 51 taken as corrective actions. 52 § 2. This act shall take effect immediately. 53 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 54 sion, section or subpart of this act shall be adjudged by any court of 55 competent jurisdiction to be invalid, such judgment shall not affect, 56 impair, or invalidate the remainder thereof, but shall be confined inA. 9508--B 155 1 its operation to the clause, sentence, paragraph, subdivision, section 2 or subpart thereof directly involved in the controversy in which such 3 judgment shall have been rendered. It is hereby declared to be the 4 intent of the legislature that this act would have been enacted even if 5 such invalid provisions had not been included herein. 6 § 3. This act shall take effect immediately provided, however, that 7 the applicable effective date of Subparts A through B of this act shall 8 be as specifically set forth in the last section of such Subparts. 9 PART VV 10 Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the 11 vehicle and traffic law, as amended by chapter 43 of the laws of 2014, 12 is amended to read as follows: 13 1. Notwithstanding any other provision of law, the city of New York is 14 hereby authorized to establish a demonstration program imposing monetary 15 liability on the owner of a vehicle for failure of an operator thereof 16 to comply with posted maximum speed limits in a school speed zone within 17 [the] such city (i) when a school speed limit is in effect as provided 18 in paragraphs one and two of subdivision (c) of section eleven hundred 19 eighty of this article or (ii) when other speed limits are in effect as 20 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 21 eighty of this article during the following times: (A) on school days 22 during school hours and one hour before and one hour after the school 23 day, and (B) a period during student activities at the school and up to 24 thirty minutes immediately before and up to thirty minutes immediately 25 after such student activities. Such demonstration program shall empower 26 the city of New York to install photo speed violation monitoring systems 27 within no more than [one hundred forty] two hundred ninety school speed 28 zones within [the] such city at any one time and to operate such systems 29 within such zones (iii) when a school speed limit is in effect as 30 provided in paragraphs one and two of subdivision (c) of section eleven 31 hundred eighty of this article or (iv) when other speed limits are in 32 effect as provided in subdivision (b), (d), (f) or (g) of section eleven 33 hundred eighty of this article during the following times: (A) on school 34 days during school hours and one hour before and one hour after the 35 school day, and (B) a period during student activities at the school and 36 up to thirty minutes immediately before and up to thirty minutes imme- 37 diately after such student activities. In selecting a school speed zone 38 in which to install and operate a photo speed violation monitoring 39 system, the city of New York shall consider criteria including, but not 40 limited to, the speed data, crash history, and the roadway geometry 41 applicable to such school speed zone. Such city shall prioritize the 42 placement of photo speed violation monitoring systems in school speed 43 zones based upon speed data or the crash history of a school speed zone. 44 A photo speed violation monitoring system shall not be installed or 45 operated on a controlled-access highway exit ramp or within three 46 hundred feet along a highway that continues from the end of a cont- 47 rolled-access highway exit ramp. 48 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle 49 and traffic law, as added by chapter 189 of the laws of 2013, is amended 50 to read as follows: 51 2. No photo speed violation monitoring system shall be used in a 52 school speed zone unless (i) on the day it is to be used it has success- 53 fully passed a self-test of its functions; and (ii) it has undergone an 54 annual calibration check performed pursuant to paragraph four of thisA. 9508--B 156 1 subdivision. [The city may install signs giving notice that a photo2speed violation monitoring system is in use to be mounted on advance3warning signs notifying motor vehicle operators of such upcoming school4speed zone and/or on speed limit signs applicable within such school5speed zone, in conformance with standards established in the MUTCD.] The 6 city shall install "photo enforced" signs giving notice that a photo 7 speed violation monitoring system is in use to be mounted on advance 8 warning signs notifying motor vehicle operators of such upcoming school 9 speed zone and/or on speed limit signs applicable within or approaching 10 such school speed zone, provided that such speed limit signs shall be no 11 more than three hundred feet from such speed violation monitoring 12 system, in conformance with standards established in the MUTCD. The city 13 shall also install additional speed camera advance warning signs marked 14 "speed camera ahead" within or approaching such school speed zone, 15 provided that such "speed camera ahead" signs shall be no more than 16 three hundred feet from such photo speed violation monitoring system. 17 § 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle 18 and traffic law, as added by chapter 189 of the laws of 2013, is amended 19 to read as follows: 20 4. "school speed zone" shall mean a radial distance not to exceed one 21 thousand three hundred twenty feet [on a highway passing] from a school 22 building, entrance, or exit [of a school abutting on the highway]. 23 § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law, 24 as added by chapter 189 of the laws of 2013, is amended to read as 25 follows: 26 (n) If the city [adopts] expands a demonstration program pursuant to 27 subdivision one of this section it shall conduct a study and submit a 28 report on the results of the expanded use of photo devices to the gover- 29 nor, the temporary president of the senate and the speaker of the assem- 30 bly within four years of the effective date of the chapter of the laws 31 of two thousand eighteen which amended this subdivision. Such report 32 shall include: 33 1. the locations where and dates when photo speed violation monitoring 34 systems were used; 35 2. the aggregate number, type and severity of crashes, fatalities, 36 injuries and property damage reported within all school speed zones 37 within the city, to the extent the information is maintained by the 38 department of motor vehicles of this state; 39 3. the aggregate number, type and severity of crashes, fatalities, 40 injuries and property damage reported within school speed zones where 41 photo speed violation monitoring systems were used, to the extent the 42 information is maintained by the department of motor vehicles of this 43 state; 44 4. the number of violations recorded within all school speed zones 45 within the city, in the aggregate on a daily, weekly and monthly basis; 46 5. the number of violations recorded within each school speed zone 47 where a photo speed violation monitoring system is used, in the aggre- 48 gate on a daily, weekly and monthly basis; 49 6. the number of violations recorded within all school speed zones 50 within the city that were: 51 (i) more than ten but not more than twenty miles per hour over the 52 posted speed limit; 53 (ii) more than twenty but not more than thirty miles per hour over the 54 posted speed limit; 55 (iii) more than thirty but not more than forty miles per hour over the 56 posted speed limit; andA. 9508--B 157 1 (iv) more than forty miles per hour over the posted speed limit; 2 7. the number of violations recorded within each school speed zone 3 where a photo speed violation monitoring system is used that were: 4 (i) more than ten but not more than twenty miles per hour over the 5 posted speed limit; 6 (ii) more than twenty but not more than thirty miles per hour over the 7 posted speed limit; 8 (iii) more than thirty but not more than forty miles per hour over the 9 posted speed limit; and 10 (iv) more than forty miles per hour over the posted speed limit; 11 8. the total number of notices of liability issued for violations 12 recorded by such systems; 13 9. the number of fines and total amount of fines paid after the first 14 notice of liability issued for violations recorded by such systems; 15 10. the number of violations adjudicated and the results of such adju- 16 dications including breakdowns of dispositions made for violations 17 recorded by such systems; 18 11. the total amount of revenue realized by the city in connection 19 with the program; 20 12. the expenses incurred by the city in connection with the program; 21 [and] 22 13. the quality of the adjudication process and its results; and 23 14. the effectiveness and adequacy of the hours of operation for such 24 program to determine the impact on speeding violations and prevention of 25 crashes. 26 § 5. The opening paragraph of section 12 of chapter 43 of the laws of 27 2014, amending the vehicle and traffic law, the public officers law and 28 the general municipal law relating to photo speed violation monitoring 29 systems in school speed zones in the city of New York, is amended to 30 read as follows: 31 This act shall take effect on the thirtieth day after it shall have 32 become a law [and]; provided that sections one through ten of this act 33 shall expire 4 years after such effective date when upon such date the 34 provisions of this act shall be deemed repealed; and provided further 35 that any rules necessary for the implementation of this act on its 36 effective date shall be promulgated on or before such effective date, 37 provided that: 38 § 6. The opening paragraph of section 15 of chapter 189 of the laws of 39 2013, amending the vehicle and traffic law and the public officers law 40 relating to establishing in a city with a population of one million 41 people or more a demonstration program implementing speed violation 42 monitoring systems in school zones by means of photo devices, is amended 43 to read as follows: 44 This act shall take effect on the thirtieth day after it shall have 45 become a law and shall expire [5 years after such effective date when46upon such date the provisions of this act shall] and be deemed repealed 47 July 1, 2022; and provided further that any rules necessary for the 48 implementation of this act on its effective date shall be promulgated on 49 or before such effective date, provided that: 50 § 7. The additional 150 photo speed violation monitoring systems 51 authorized to be installed by the city of New York by paragraph 1 of 52 subdivision (a) of section 1180-b of the vehicle and traffic law, as 53 amended by section one of this act, shall be installed over the 3 year 54 period following the effective date of this act as follows: 55 (a) no more than 50 school speed zones during the first such year;A. 9508--B 158 1 (b) no more than 50 additional school speed zones during the second 2 such year; and 3 (c) no more than 50 additional school speed zones during the third 4 such year. 5 § 8. This act shall take effect immediately; provided that the amend- 6 ments to section 1180-b of the vehicle and traffic law made by sections 7 one, two, three and four of this act shall not affect the repeal of such 8 section and shall be deemed repealed therewith; and provided further 9 that the amendments to paragraph 2 of subdivision (a) of section 1180-b 10 of the vehicle and traffic law made by section two of this act shall 11 take effect on the ninetieth day after this act shall have become a law. 12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 13 sion, section or part of this act shall be adjudged by any court of 14 competent jurisdiction to be invalid, such judgment shall not affect, 15 impair, or invalidate the remainder thereof, but shall be confined in 16 its operation to the clause, sentence, paragraph, subdivision, section 17 or part thereof directly involved in the controversy in which such judg- 18 ment shall have been rendered. It is hereby declared to be the intent of 19 the legislature that this act would have been enacted even if such 20 invalid provisions had not been included herein. 21 § 3. This act shall take effect immediately provided, however, that 22 the applicable effective date of Parts A through VV of this act shall be 23 as specifically set forth in the last section of such Parts.
